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Doc.
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Date Docketed
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Description
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Filed by
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Notes
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03/27/2019
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REQUEST-ADVISORY OPINION (ATTY GEN)
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PT Advisory Opinion To The Attorney General BY: PT Ashley Moody 487198
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03/27/2019
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No Fee Required
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03/27/2019
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ACKNOWLEDGMENT LETTER-NEW CASE
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Supreme Court Of Florida BY: Supreme Court Of Florida
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03/28/2019
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ORDER-OA&BRIEF SCHED (AG ADVISORY OPIN)
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The above cases are hereby consolidated, on the Court's own motion, for all
purposes. From this date forward, all documents pertaining to the above
consolidated cases should be filed electronically through the Florida Courts EFiling
Portal using case number SC19-328 only.
Pursuant to the provisions of article IV, section 10, Florida Constitution, and
section 16.061, Florida Statutes, the Attorney General of Florida has requested this
Court's opinion as to whether the text of the proposed amendment titled Right to
Competitive Energy Market for Customers of Investor-Owned Utilities; Allowing
Energy Choice complies with article XI, section 3, Florida Constitution, and
whether the proposed ballot title and substance comply with section 101.161,
Florida Statutes
Section 16.061, Florida Statutes, requires the Attorney General, within thirty
days after receipt of the proposed amendment or revision to the State Constitution
by initiative petition, to petition this Court for an advisory opinion regarding
compliance of the text of the proposed amendment with article XI, section 3,
Florida Constitution, and compliance of the proposed ballot title and substance
with section 101.161, Florida Statutes.
The full text of the Attorney General's letter is attached hereto as an exhibit
and made a part thereof.
On March 15, 2019, the Financial Impact Estimating Conference, in
accordance with the provisions of section 100.371(5)(a), Florida Statutes,
forwarded to the Office of the Attorney General a financial impact statement on the
initiative petition. Section 16.061(3), Florida Statutes, provides for this Court to review the financial impact statement to determine whether it is in accordance with
section 100.371, Florida Statutes.
IT IS, THEREFORE, the order of the Court that opponents must file their
briefs on or before April 18, 2019, and serve a copy thereof on the
Attorney General. Answer briefs must be filed on or before May 8, 2019. Replies
by opponents must be filed on or before May 28, 2019. Briefs submitted will be
available on the Court's public online docket at http://onlinedocketssc.flcourts.org/DocketResults/CaseByYear?CaseNumber=328
&CaseYear=2019.
Oral argument is scheduled for 9:00 a.m., Wednesday, August 28, 2019. A
maximum of twenty minutes to the side is allowed for the argument. All parties
who have filed a brief and have asked to be heard may, in the Court's discretion,
be permitted to participate in oral argument.
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04/08/2019
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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Tampa Electric Company TEC BY: Bryan A. Garner
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Bryan A. Garner
(without signature of local counsel)
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04/08/2019
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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Tampa Electric Company TEC BY: Bryan A. Garner
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Bryan A. Garner (with signature of local counsel)
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04/08/2019
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FEE PAID-PRO HAC VICE
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Bryan A. Garner BY: Bryan A. Garner
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04/10/2019
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motion to appear pro hac vice filed in the above cause by Bryan A. Garner, on behalf of Tampa Electric Company and Duke Energy Florida, LLC, is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(2)(a), Florida Statutes (2015), was received by this Court on April 8, 2019.
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04/18/2019
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INITIAL BRIEF-MERITS
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Florida League Of Cities, Inc. BY: Rachael Mahaffey Crews 795321
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Initial Brief of Interested Parties Florida League of Cities, Inc., Florida Association of Counties, Inc., Florida Sheriffs Association, and Florida Police Benevolent Association in Opposition to the Proposed Amendment
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04/18/2019
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APPENDIX-MERIT BRIEF
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Florida League Of Cities, Inc. BY: Rachael Mahaffey Crews 795321
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Appendix to Initial Brief of Interested Parties Florida League of Cities, Inc., Florida Association of Counties, Inc., Florida Sheriffs Association, and Florida Police Benevolent Association in Opposition to the Proposed Amendment
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04/18/2019
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INITIAL BRIEF-MERITS
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Florida Chamber Of Commerce BY: Raoul G. Cantero 552356
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Initial Brief of Florida Chamber of Commerce and Florida Economic Development Council in Opposition to the Initiative Petition
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04/18/2019
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APPENDIX-MERIT BRIEF
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Florida Chamber Of Commerce BY: Raoul G. Cantero 552356
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Appendix to Initial Brief of Florida Chamber of Commerce and Florida Economic Development Council in Opposition to the Initiative Petition
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04/18/2019
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INITIAL BRIEF-MERITS
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Audubon Of Florida BY: Virginia C. Dailey 419168
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Initial Brief Opposing the Placement on a Ballot of the Proposed Right to Energy Market Constitutional Amendment by Audubon Florida and the Nature Conservancy, Florida Program
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04/18/2019
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INITIAL BRIEF-MERITS
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Florida Public Service Commission BY: Keith C. Hetrick 564168
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Initial Brief of the Florida Public Service Commission in Opposition to the Initiative Petition
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04/18/2019
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INITIAL BRIEF-MERITS
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Floridians For Affordable Reliable Energy FARE BY: M. Stephen Turner 95691
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Initial Brief of Floridians for Affordable Reliable Energy (FARE), Urban League of Palm Beach County, Jacksonville Urban League, and the Central Florida Urban League in Opposition to the Initiative
**Stricken 4/18/2019, as appendix not filed separately.**
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04/18/2019
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INITIAL BRIEF-MERITS
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City Of Fort Lauderdale LAUDERD BY: Alain E. Boileau 148598
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Filed as "Brief of the City of Fort Lauderdale, the City of Hollywood, the City of Pompano Beach and the Town of Davie as Amicus Curiae"
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04/18/2019
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INITIAL BRIEF-MERITS
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City Of Belle Glade BY: Glen Torcivia 343374
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Filed as "Amicus Curiae Brief of the City of Belle Glade, Village of Indiantown, City of Chipley, City of Vernon and the Lake Okeechobee Regional Economic Alliance of Palm Beach County, Inc. ("LORE")"
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04/18/2019
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INITIAL BRIEF-MERITS
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Associated Industries Of Florida AIF BY: Daniel E. Nordby 14588
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Initial Brief of Associated Industries of Florida, Florida Health Care Association, and Florida Hospital Association in Opposition to the Initiative
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04/18/2019
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INITIAL BRIEF-MERITS
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Partnership For Affordable Clean Energy BY: Glenn Burhans 605867
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Initial Brief of Partnership for Affordable Clean Energy a/k/a Energy Fairness in Opposition to the Initiative
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04/18/2019
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REQUEST-ORAL ARGUMENT
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Florida Power & Light Company FPL BY: Barry S. Richard 105599
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04/18/2019
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INITIAL BRIEF-MERITS
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Florida Power & Light Company FPL BY: Barry S. Richard 105599
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Brief of Florida Power & Light Company and Gulf Power Company in Opposition to Proposed Amendment
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04/18/2019
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Floridians for Affordable Reliable Energy (FARE), Urban League of Palm Beach County, Jacksonville Urban League, and the Central Florida Urban League's initial brief, which was filed with this Court on April 18, 2019, does not comply with Florida Rule of Appellate Procedure 9.220 and is hereby stricken. Floridians for Affordable Reliable Energy (FARE), Urban League of Palm Beach County, Jacksonville Urban League, and the Central Florida Urban League is hereby directed, on or before April 26, 2019, to file an amended initial brief with a separate appendix which complies with Florida Rule of Appellate Procedure 9.220(c).
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04/18/2019
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INITIAL BRIEF-MERITS
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American Senior Alliance BY: William N. Spicola 70732
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Initial Brief of Opponent American Senior Alliance
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04/18/2019
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INITIAL BRIEF-MERITS
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Tampa Electric Company TEC BY: Bryan A. Garner
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Initial Brief of Tampa Electric Company and Duke Energy Florida, LLC
**Stricken 4/22/2019 for non-compliance. Does not contain appropriate sections and appendix was not filed separately.**
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04/18/2019
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INITIAL BRIEF-MERITS
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Jacksonville Electric Authority JEA BY: Gregory Thomas Stewart 203718
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Initial Brief of Opponent JEA
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04/18/2019
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REQUEST-ORAL ARGUMENT
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Jacksonville Electric Authority JEA BY: Gregory Thomas Stewart 203718
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Opponent JEA's Request for Oral Argument
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04/18/2019
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INITIAL BRIEF-MERITS
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The Florida Electric Cooperatives Association, Inc. BY: George N. Meros 263321
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Initial Brief of The Florida Electric Cooperatives Association, Inc.
(Filed in Opposition to the Initiative Petition)
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04/18/2019
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APPENDIX-MERIT BRIEF
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The Florida Electric Cooperatives Association, Inc. BY: George N. Meros 263321
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Appendix to the Initial Brief of The Florida Electric Cooperatives Association, Inc.
(Filed in Opposition to the Initiative Petition)
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04/18/2019
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REQUEST-ORAL ARGUMENT
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The Florida Electric Cooperatives Association, Inc. BY: George N. Meros 263321
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04/18/2019
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INITIAL BRIEF-MERITS
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Florida Association Of Realtors, Inc. BY: Matthew J. Conigliaro 63525
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Initial Brief of Interested Party Florida Association of Realtors, Inc. d/b/a Florida Realtors in Opposition to the Initiative Petition
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04/18/2019
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INITIAL BRIEF-MERITS
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PT Advisory Opinion To The Attorney General BY: PT Christopher J. Baum 1007882
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Attorney General's Initial Brief (Filed in Opposition to the Initiative Petition)
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04/18/2019
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APPENDIX-MERIT BRIEF
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PT Advisory Opinion To The Attorney General BY: PT Christopher J. Baum 1007882
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Appendix to Attorney General's Initial Brief
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04/18/2019
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INITIAL BRIEF-MERITS
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Florida Senate SENATE BY: Jeremiah Hawkes 472270
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Initial Brief of Opponent The Florida Senate; and Bill Galvano, in his official capacity as President of the Florida Senate
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04/18/2019
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REQUEST-ORAL ARGUMENT
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Florida Senate SENATE BY: Jeremiah Hawkes 472270
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Senate's Request to Participate in Oral Argument
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04/18/2019
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INITIAL BRIEF-MERITS
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Orlando Utilities Commission BY: W. Christopher Browder 883212
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Initial Brief of Orlando Utilities Commission Florida Municipal Electric Association, Inc. Florida Municipal Power Agency (Filed in Opposition to the Initiative Petition)
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04/18/2019
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INITIAL BRIEF-MERITS
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The Florida House Of Representatives BY: Adam S. Tanenbaum 117498
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Initial Brief of the Florida House of Representatives in Opposition to the Initiative
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04/22/2019
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REQUEST-ORAL ARGUMENT
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The Florida House Of Representatives BY: Adam S. Tanenbaum 117498
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Request by Florida House of Representatives to Participate in Oral Argument
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04/22/2019
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INITIAL AMD BRIEF-MERITS
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Floridians For Affordable Reliable Energy FARE BY: M. Stephen Turner 95691
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Amended Initial Brief of Floridians for Affordable Reliable Energy (FARE), Urban League of Palm Beach County, Jacksonville Urban League, and the Central Florida Urban League in Opposition to the Initiative
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04/22/2019
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APPENDIX-MERIT BRIEF
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Floridians For Affordable Reliable Energy FARE BY: M. Stephen Turner 95691
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Appendix to Amended Initial Brief of Floridians for Affordable Reliable Energy (FARE), Urban League of Palm Beach County, Jacksonville Urban League, and the Central Florida Urban League in Opposition to the Initiative
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04/22/2019
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Tampa Electric Company and Duke Energy Florida, LLC's initial brief, which was filed with this Court on April 18, 2019, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Tampa Electric Company and Duke Energy Florida, LLC is hereby directed, on or before April 29, 2019, to serve an amended brief which shall contain, in the following order: a cover sheet, a table of contents, a table of citations, a statement of the case and of the facts, a summary of argument, an argument, a conclusion and include a certificate of compliance which immediately follows the certificate of service. The brief must not exceed fifty pages. The table of contents and citations, the certificates of service and compliance, and the signature block for the brief's author shall be excluded from the computation. If an appendix is filed, the appendix shall be filed as a separate document which complies with Florida Rule of Appellate Procedure 9.220(c).
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04/22/2019
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INITIAL AMD BRIEF-MERITS
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Tampa Electric Company TEC BY: Bryan A. Garner
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Initial Brief of Tampa Electric Company and Duke Energy Florida, LLC (Amended)
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04/22/2019
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APPENDIX-AMENDED-MERIT BRIEF
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Tampa Electric Company TEC BY: Bryan A. Garner
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Appendix to Initial Brief of Tampa Electric Company and Duke Energy Florida, LLC (Amended)
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05/01/2019
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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PT Citizens For Energy Choices BY: Kenneth Wayne Sukhia 266256
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Motion by Citizens for Energy Choices for Extension of Time to File Answer Briefs
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05/01/2019
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MOTION-TOLL TIME
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PT Citizens For Energy Choices BY: Kenneth Wayne Sukhia 266256
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Request to Toll Time for the Filing of Reply Briefs Pursuant to Citizens for Energy Choices' Motion for Extension of Time to File Answer Briefs
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05/02/2019
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Citizens for Energy Choices' motion for extension of time and motion to toll time are granted. Citizens for Energy Choices is allowed to and including May 23, 2019, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. Reply briefs must be filed on or before June 12, 2019.
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05/22/2019
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REQUEST-ORAL ARGUMENT
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Orlando Utilities Commission BY: W. Christopher Browder 883212
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Request of Orlando Utilities Commission, Florida Municipal Electric Association, and Florida Municipal Power Agency to Participate in Oral Argument
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05/23/2019
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REQUEST-ORAL ARGUMENT
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Florida League Of Cities, Inc. BY: Rachael Mahaffey Crews 795321
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05/23/2019
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REQUEST-ORAL ARGUMENT
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Partnership For Affordable Clean Energy BY: Glenn Burhans 605867
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Request of Partnership for Affordable Clean Energy a/k/a Energy Fairness to Participate in Oral Argument
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05/23/2019
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ANSWER BRIEF-MERITS
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PT Citizens For Energy Choices BY: Kenneth Wayne Sukhia 266256
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Answer Brief of Sponsor Citizens for Energy Choices
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05/23/2019
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ANSWER BRIEF-MERITS
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Infinite Energy, Inc. BY: Warren Lee Rhea 115579
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Brief of Infinite Energy, Inc., NRG Energy, Inc., Vistra Energy Corp., National Energy Marketers Association, and The Energy Choice Coalition (The Energy Suppliers) in Support of the Proposed Amendment
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05/24/2019
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MOTION-BRIEF PAGE ENLARGEMENT
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PT Citizens For Energy Choices BY: Kenneth Wayne Sukhia 266256
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Motion by Citizens for Energy Choices for Court to Accept Brief in Excess of Page Limits
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05/24/2019
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REQUEST-ORAL ARGUMENT
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PT Citizens For Energy Choices BY: Kenneth Wayne Sukhia 266256
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05/28/2019
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ORDER-BRIEF PAGE ENLARGEMENT GR
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The Motion by Citizens for Energy Choices for Court to Accept Brief in Excess of Page Limits is hereby granted and said brief was filed with this Court on May 23, 2019.
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06/04/2019
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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Associated Industries Of Florida AIF BY: Daniel E. Nordby 14588
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Filed as UNOPPOSED MOTION TO AMEND SCHEDULING ORDER
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06/04/2019
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Associated Industries of Florida, Florida Health Care Association, and Florida Hospital Association's motion for extension of time is granted. Reply briefs must be filed on or before June 21, 2019. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
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06/20/2019
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REPLY BRIEF-MERITS
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Jacksonville Electric Authority JEA BY: Gregory Thomas Stewart 203718
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Reply Brief of Opponent JEA
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06/20/2019
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REPLY BRIEF-MERITS
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The Florida Electric Cooperatives Association, Inc. BY: George N. Meros 263321
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Reply Brief of The Florida Electric Cooperatives Association, Inc. (Filed in Opposition to the Initiative Petition)
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06/21/2019
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REPLY BRIEF-MERITS
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Florida Public Service Commission BY: Andrew B. King 124759
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Reply Brief of The Florida Public Service Commission
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06/21/2019
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REPLY BRIEF-MERITS
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Florida Municipal Electric Association, Inc. BY: Jody Lamar Finklea 336970
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Reply Brief of Orlando Utilities Commission, Florida Municipal Electric Association, Inc., and Florida Municipal Power Agency
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06/21/2019
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REPLY BRIEF-MERITS
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Florida Chamber Of Commerce BY: Raoul G. Cantero 552356
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Reply of Florida Chamber of Commerce and Florida Economic Development Council in Support of Initial Brief Opposing the Initiative Petition
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06/21/2019
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REPLY BRIEF-MERITS
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Partnership For Affordable Clean Energy BY: Glenn Burhans 605867
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Reply Brief of Partnership for Affordable Clean Energy a/k/a Energy Fairness in Opposition to the Initiative
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06/21/2019
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REPLY BRIEF-MERITS
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PT Advisory Opinion To The Attorney General BY: PT Christopher J. Baum 1007882
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Attorney General's Reply Brief
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06/21/2019
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REPLY BRIEF-MERITS
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Florida Power & Light Company FPL BY: Barry S. Richard 105599
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Reply Brief of Florida Power & Light Company and Gulf Power Company in Opposition to Proposed Amendment
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06/21/2019
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REPLY BRIEF-MERITS
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American Senior Alliance BY: William N. Spicola 70732
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Reply Brief of Opponent American Senior Alliance
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06/21/2019
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REPLY BRIEF-MERITS
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Associated Industries Of Florida AIF BY: Daniel E. Nordby 14588
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Reply Brief of Associated Industries of Florida, Florida Heath Care Association, and Florida Hospital Association in Opposition to the Initiative
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06/21/2019
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REPLY BRIEF-MERITS
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Duke Energy Florida, Inc. BY: Jason B. Gonzalez 146854
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Reply Brief of Tampa Electric Company and Duke Energy of Florida, LLC
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06/21/2019
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REPLY BRIEF-MERITS
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Bill Galvano 966487 BY: Jeremiah Hawkes 472270
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Reply Brief of Opponent The Florida Senate; and Bill Galvano, in his official capacity as President of the Florida Senate
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06/21/2019
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REPLY BRIEF-MERITS
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The Florida House Of Representatives BY: Adam S. Tanenbaum 117498
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Reply Brief of The Florida House of Representatives in Opposition to the Initiative
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06/27/2019
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NOTICE-COUNS SUBSTITUTION
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PT Advisory Opinion To The Attorney General BY: PT Edward M. Wenger 85568
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06/27/2019
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NOTICE-COUNS SUBSTITUTION
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06/28/2019
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REQUEST-ORAL ARGUMENT
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Florida Chamber Of Commerce BY: Raoul G. Cantero 552356
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Request by Florida Chamber of Commerce and Florida Economic Development Council to Present Oral Argument
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07/01/2019
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REQUEST-ORAL ARGUMENT
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Tampa Electric Company TEC BY: Jason B. Gonzalez 146854
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Tampa Electric Company and Duke Energy Florida, LLC's Request to Participate in Oral Argument
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07/08/2019
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REQUEST-ORAL ARGUMENT
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Florida Hospital Association BY: Daniel E. Nordby 14588
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Request of Associated Industries of Florida, Florida Health Care Association, and Florida Hospital Association to Participate in Oral Argument
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07/08/2019
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REQUEST-ORAL ARGUMENT
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PT Advisory Opinion To The Attorney General BY: PT Edward M. Wenger 85568
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07/10/2019
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Advisory Opinion To The Attorney General BY: PT Edward M. Wenger 85568
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07/10/2019
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APPENDIX/ATTACHMENT TO MISC DOC
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PT Advisory Opinion To The Attorney General BY: PT Edward M. Wenger 85568
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07/15/2019
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ORDER-OTHER SUBSTANTIVE
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The Florida House of Representatives and Citizens for Energy Choices' requests for enlargement of oral argument time are hereby granted. The time permitted for oral argument on August 28, 2019, is expanded to a maximum of thirty minutes to the side. All parties who have filed a brief and have asked to be heard are permitted to participate in oral argument. However, the opponents are advised to present their arguments in a way that avoids undue repetition.
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07/15/2019
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REQUEST-ORAL ARGUMENT
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Infinite Energy, Inc. BY: Warren Lee Rhea 115579
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Request of Infinite Energy, Inc., NRG Energy, Inc., Vistra Energy Corp., National Energy Marketers Association, and The Energy Choice Coalition (The Energy Suppliers) to Participate in Oral Argument
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08/02/2019
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ORDER-OTHER SUBSTANTIVE GR
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The Court treats the Notice of Supplemental Authority filed by the Attorney General on July 10, 2019, in part as a motion to authorize the Financial Impact Estimating Conference (FIEC) to submit an amended financial impact statement to the Attorney General and the Secretary of State in light of chapter 2019-64, Laws of Florida, and to allow the Attorney General to file that amended statement with this Court for review in Advisory Opinion to the Attorney General Re: Right to Competitive Energy Markets for Customers of Investor-Owned Utilities; Allowing Energy Choice, No. SC19-328. That motion is granted. The FIEC is hereby authorized to prepare an amended financial impact statement for the initiative petition entitled Right to Competitive Energy Market for Customers of Investor-Owned Utilities; Allowing Energy Choice, Serial Number 18-10, and the Attorney General shall have up to and including twenty days from the date of this order to file the amended financial impact statement if the FIEC submits one. If this Court does not receive an amended financial statement by that time, it will proceed with review of the Attorney General's petitions without it.
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08/14/2019
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NOTICE-FILING
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PT Advisory Opinion To The Attorney General BY: PT Edward M. Wenger 85568
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08/28/2019
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ORAL ARGUMENT HELD
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10/17/2019
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MOTION-COUNS WITHDRAWAL
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Associated Industries Of Florida AIF BY: Rachel Nordby 56606
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Motion to Withdraw as Counsel for Opponents AIF, FHCA, and FHA
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10/18/2019
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ORDER-COUNS WITHDRAWAL GR
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The motion to withdraw as attorney of record for Associated Industries of Florida (AIF), the Florida Healthcare Association (FHCA), and the Florida Hospital Association (FHA) is granted and Rachel Nordby is hereby allowed to withdraw as counsel for Associated Industries of Florida, the Florida Healthcare Associated and the Florida Hospital Association.
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10/25/2019
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NOTICE-COUNS SUBSTITUTION
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The Florida House Of Representatives BY: Adam S. Tanenbaum 117498
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Tanenbaum's Motion to Withdraw as Counsel for the Florida House of Representatives
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12/19/2019
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DISP-DISMISSED MISC.
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This proceeding, in which the Attorney General seeks direct review by this Court of a financial impact statement corresponding to an initiative petition proposing an amendment to the Florida Constitution, is hereby dismissed for lack of jurisdiction. See Advisory Op. to the Att'y Gen. re Raising Florida's Minimum Wage, Nos. SC19-548 & SC19-736, slip op. at 14 (Fla. Dec. 19, 2019).
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