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Click to open document 03/01/2019 REQUEST-ADVISORY OPINION (ATTY GEN) PT Advisory Opinion To The Attorney General BY: PT Ashley Moody 487198
03/01/2019 No Fee Required
Click to open document 03/04/2019 ACKNOWLEDGMENT LETTER-NEW CASE Supreme Court Florida FSC BY: Supreme Court Florida FSC
Click to open document 03/28/2019 ORDER-OA&BRIEF SCHED (AG ADVISORY OPIN) 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.
Click to open document 04/08/2019 MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) OP Tampa Electric Company TEC BY: OP Bryan A. Garner Bryan A. Garner (without signature of local counsel)
Click to open document 04/08/2019 MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) OP Tampa Electric Company TEC BY: OP Bryan A. Garner Bryan A. Garner (with signature of local counsel)
04/08/2019 FEE PAID-PRO HAC VICE OP Bryan A. Garner BY: OP Bryan A. Garner
Click to open document 04/10/2019 ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL) 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.
Click to open document 04/18/2019 INITIAL BRIEF-MERITS OP Florida League Of Cities, Inc. BY: OP Rachael Mahaffey Crews 795321 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
Click to open document 04/18/2019 APPENDIX-MERIT BRIEF OP Florida League Of Cities, Inc. BY: OP Rachael Mahaffey Crews 795321 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
Click to open document 04/18/2019 INITIAL BRIEF-MERITS OP Florida Chamber Of Commerce BY: OP Raoul G. Cantero 552356 Initial Brief of Florida Chamber of Commerce and Florida Economic Development Council in Opposition to the Initiative Petition
Click to open document 04/18/2019 APPENDIX-MERIT BRIEF OP Florida Chamber Of Commerce BY: OP Raoul G. Cantero 552356 Appendix to Initial Brief of Florida Chamber of Commerce and Florida Economic Development Council in Opposition to the Initiative Petition
Click to open document 04/18/2019 INITIAL BRIEF-MERITS OP Audubon Of Florida BY: OP Virginia C. Dailey 419168 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
Click to open document 04/18/2019 INITIAL BRIEF-MERITS OP Florida Public Service Commission PSC BY: OP Keith C. Hetrick 564168 Initial Brief of the Florida Public Service Commission in Opposition to the Initiative Petition
Click to open document 04/18/2019 INITIAL BRIEF-MERITS OP Floridians For Affordable Reliable Energy FARE BY: OP M. Stephen Turner 95691 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.**
Click to open document 04/18/2019 INITIAL BRIEF-MERITS OP City Of Fort Lauderdale LAUDERD BY: OP Alain E. Boileau 148598 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"
Click to open document 04/18/2019 INITIAL BRIEF-MERITS OP City Of Belle Glade BY: OP Glen Torcivia 343374 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")"
Click to open document 04/18/2019 INITIAL BRIEF-MERITS OP Associated Industries Of Florida AIF BY: OP Daniel Nordby 14588 Initial Brief of Associated Industries of Florida, Florida Health Care Association, and Florida Hospital Association in Opposition to the Initiative
Click to open document 04/18/2019 INITIAL BRIEF-MERITS OP Partnership For Affordable Clean Energy BY: OP Glenn Burhans 605867 Initial Brief of Partnership for Affordable Clean Energy a/k/a Energy Fairness in Opposition to the Initiative
Click to open document 04/18/2019 REQUEST-ORAL ARGUMENT OP Florida Power & Light Company FPL BY: OP Barry Richard 105599
Click to open document 04/18/2019 INITIAL BRIEF-MERITS OP Florida Power & Light Company FPL BY: OP Barry Richard 105599 Brief of Florida Power & Light Company and Gulf Power Company in Opposition to Proposed Amendment
Click to open document 04/18/2019 ORDER-BRIEF STRICKEN (NON-COMPLIANCE) 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).
Click to open document 04/18/2019 INITIAL BRIEF-MERITS OP American Senior Alliance BY: OP William N. Spicola 70732 Initial Brief of Opponent American Senior Alliance
Click to open document 04/18/2019 INITIAL BRIEF-MERITS OP Tampa Electric Company TEC BY: OP Bryan A. Garner 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.**
Click to open document 04/18/2019 INITIAL BRIEF-MERITS OP Jacksonville Electric Authority JEA BY: OP Gregory Thomas Stewart 203718 Initial Brief of Opponent JEA
Click to open document 04/18/2019 REQUEST-ORAL ARGUMENT OP Jacksonville Electric Authority JEA BY: OP Gregory Thomas Stewart 203718 Opponent JEA's Request for Oral Argument
Click to open document 04/18/2019 INITIAL BRIEF-MERITS OP The Florida Electric Cooperatives Association, Inc. BY: OP George N. Meros 263321 Initial Brief of The Florida Electric Cooperatives Association, Inc. (Filed in Opposition to the Initiative Petition)
Click to open document 04/18/2019 APPENDIX-MERIT BRIEF OP The Florida Electric Cooperatives Association, Inc. BY: OP George N. Meros 263321 Appendix to the Initial Brief of The Florida Electric Cooperatives Association, Inc. (Filed in Opposition to the Initiative Petition)
Click to open document 04/18/2019 REQUEST-ORAL ARGUMENT OP The Florida Electric Cooperatives Association, Inc. BY: OP George N. Meros 263321
Click to open document 04/18/2019 INITIAL BRIEF-MERITS OP Florida Association Of Realtors, Inc. BY: RS Matthew J. Conigliaro 63525 Initial Brief of Interested Party Florida Association of Realtors, Inc. d/b/a Florida Realtors in Opposition to the Initiative Petition
Click to open document 04/18/2019 INITIAL BRIEF-MERITS PT Advisory Opinion To The Attorney General BY: PT Christopher J. Baum 1007882 Attorney General's Initial Brief (Filed in Opposition to the Initiative Petition)
Click to open document 04/18/2019 APPENDIX-MERIT BRIEF PT Advisory Opinion To The Attorney General BY: PT Christopher J. Baum 1007882 Appendix to Attorney General's Initial Brief
Click to open document 04/18/2019 INITIAL BRIEF-MERITS OP Florida Senate SENATE BY: OP Jeremiah Hawkes 472270 Initial Brief of Opponent The Florida Senate; and Bill Galvano, in his official capacity as President of the Florida Senate
Click to open document 04/18/2019 REQUEST-ORAL ARGUMENT OP Florida Senate SENATE BY: OP Jeremiah Hawkes 472270 Senate's Request to Participate in Oral Argument
Click to open document 04/18/2019 INITIAL BRIEF-MERITS OP Orlando Utilities Commission BY: OP W. Christopher Browder 883212 Initial Brief of Orlando Utilities Commission Florida Municipal Electric Association, Inc. Florida Municipal Power Agency (Filed in Opposition to the Initiative Petition)
Click to open document 04/18/2019 INITIAL BRIEF-MERITS OP The Florida House Of Representatives BY: WE Adam S. Tanenbaum 117498 Initial Brief of the Florida House of Representatives in Opposition to the Initiative
Click to open document 04/22/2019 REQUEST-ORAL ARGUMENT OP The Florida House Of Representatives BY: WE Adam S. Tanenbaum 117498 Request by Florida House of Representatives to Participate in Oral Argument
Click to open document 04/22/2019 INITIAL AMD BRIEF-MERITS OP Floridians For Affordable Reliable Energy FARE BY: OP M. Stephen Turner 95691 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
Click to open document 04/22/2019 APPENDIX-MERIT BRIEF OP Floridians For Affordable Reliable Energy FARE BY: OP M. Stephen Turner 95691 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
Click to open document 04/22/2019 ORDER-BRIEF STRICKEN (NON-COMPLIANCE) 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).
Click to open document 04/22/2019 INITIAL AMD BRIEF-MERITS OP Tampa Electric Company TEC BY: OP Bryan A. Garner Initial Brief of Tampa Electric Company and Duke Energy Florida, LLC (Amended)
Click to open document 04/22/2019 APPENDIX-AMENDED-MERIT BRIEF OP Tampa Electric Company TEC BY: OP Bryan A. Garner Appendix to Initial Brief of Tampa Electric Company and Duke Energy Florida, LLC (Amended)
Click to open document 05/01/2019 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) PT Citizens For Energy Choices BY: PT Kenneth Wayne Sukhia 266256 Motion by Citizens for Energy Choices for Extension of Time to File Answer Briefs
Click to open document 05/01/2019 MOTION-TOLL TIME PT Citizens For Energy Choices BY: PT Kenneth Wayne Sukhia 266256 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
Click to open document 05/02/2019 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) 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.
Click to open document 05/22/2019 REQUEST-ORAL ARGUMENT OP Orlando Utilities Commission BY: OP W. Christopher Browder 883212 Request of Orlando Utilities Commission, Florida Municipal Electric Association, and Florida Municipal Power Agency to Participate in Oral Argument
Click to open document 05/23/2019 REQUEST-ORAL ARGUMENT OP Florida League Of Cities, Inc. BY: OP Rachael Mahaffey Crews 795321
Click to open document 05/23/2019 REQUEST-ORAL ARGUMENT OP Partnership For Affordable Clean Energy BY: OP Glenn Burhans 605867 Request of Partnership for Affordable Clean Energy a/k/a Energy Fairness to Participate in Oral Argument
Click to open document 05/23/2019 ANSWER BRIEF-MERITS PT Citizens For Energy Choices BY: PT Kenneth Wayne Sukhia 266256 Answer Brief of Sponsor Citizens for Energy Choices
Click to open document 05/23/2019 ANSWER BRIEF-MERITS PR Infinite Energy, Inc. BY: PR Warren Lee Rhea 115579 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
Click to open document 05/24/2019 MOTION-BRIEF PAGE ENLARGEMENT PT Citizens For Energy Choices BY: PT Kenneth Wayne Sukhia 266256 Motion by Citizens for Energy Choices for Court to Accept Brief in Excess of Page Limits
Click to open document 05/24/2019 REQUEST-ORAL ARGUMENT PT Citizens For Energy Choices BY: PT Kenneth Wayne Sukhia 266256
Click to open document 05/28/2019 ORDER-BRIEF PAGE ENLARGEMENT GR 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.
Click to open document 06/04/2019 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) OP Associated Industries Of Florida AIF BY: OP Daniel Nordby 14588 Filed as UNOPPOSED MOTION TO AMEND SCHEDULING ORDER
Click to open document 06/04/2019 ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) 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.
Click to open document 06/20/2019 REPLY BRIEF-MERITS OP Jacksonville Electric Authority JEA BY: OP Gregory Thomas Stewart 203718 Reply Brief of Opponent JEA
Click to open document 06/20/2019 REPLY BRIEF-MERITS OP The Florida Electric Cooperatives Association, Inc. BY: OP George N. Meros 263321 Reply Brief of The Florida Electric Cooperatives Association, Inc. (Filed in Opposition to the Initiative Petition)
Click to open document 06/21/2019 REPLY BRIEF-MERITS OP Florida Public Service Commission PSC BY: OP Andrew B. King 124759 Reply Brief of The Florida Public Service Commission
Click to open document 06/21/2019 REPLY BRIEF-MERITS OP Florida Municipal Electric Association, Inc. BY: OP Jody Lamar Finklea 336970 Reply Brief of Orlando Utilities Commission, Florida Municipal Electric Association, Inc., and Florida Municipal Power Agency
Click to open document 06/21/2019 REPLY BRIEF-MERITS OP Florida Chamber Of Commerce BY: OP Raoul G. Cantero 552356 Reply of Florida Chamber of Commerce and Florida Economic Development Council in Support of Initial Brief Opposing the Initiative Petition
Click to open document 06/21/2019 REPLY BRIEF-MERITS OP Partnership For Affordable Clean Energy BY: OP Glenn Burhans 605867 Reply Brief of Partnership for Affordable Clean Energy a/k/a Energy Fairness in Opposition to the Initiative
Click to open document 06/21/2019 REPLY BRIEF-MERITS PT Advisory Opinion To The Attorney General BY: PT Christopher J. Baum 1007882 Attorney General's Reply Brief
Click to open document 06/21/2019 REPLY BRIEF-MERITS OP Florida Power & Light Company FPL BY: OP Barry Richard 105599 Reply Brief of Florida Power & Light Company and Gulf Power Company in Opposition to Proposed Amendment
Click to open document 06/21/2019 REPLY BRIEF-MERITS OP American Senior Alliance BY: OP William N. Spicola 70732 Reply Brief of Opponent American Senior Alliance
Click to open document 06/21/2019 REPLY BRIEF-MERITS OP Associated Industries Of Florida AIF BY: OP Daniel Nordby 14588 Reply Brief of Associated Industries of Florida, Florida Heath Care Association, and Florida Hospital Association in Opposition to the Initiative
Click to open document 06/21/2019 REPLY BRIEF-MERITS OP Duke Energy Florida, Inc. BY: OP Jason Gonzalez 146854 Reply Brief of Tampa Electric Company and Duke Energy of Florida, LLC
Click to open document 06/21/2019 REPLY BRIEF-MERITS OP Bill Galvano 966487 BY: OP Jeremiah Hawkes 472270 Reply Brief of Opponent The Florida Senate; and Bill Galvano, in his official capacity as President of the Florida Senate
Click to open document 06/21/2019 REPLY BRIEF-MERITS OP The Florida House Of Representatives BY: WE Adam S. Tanenbaum 117498 Reply Brief of The Florida House of Representatives in Opposition to the Initiative
Click to open document 06/27/2019 NOTICE-COUNS SUBSTITUTION PT Advisory Opinion To The Attorney General BY: PT Edward M. Wenger 85568
06/27/2019 NOTICE-COUNS SUBSTITUTION
Click to open document 06/28/2019 REQUEST-ORAL ARGUMENT OP Florida Chamber Of Commerce BY: OP Raoul G. Cantero 552356 Request by Florida Chamber of Commerce and Florida Economic Development Council to Present Oral Argument
Click to open document 07/01/2019 REQUEST-ORAL ARGUMENT OP Tampa Electric Company TEC BY: OP Jason Gonzalez 146854 Tampa Electric Company and Duke Energy Florida, LLC's Request to Participate in Oral Argument
Click to open document 07/08/2019 REQUEST-ORAL ARGUMENT OP Florida Hospital Association BY: OP Daniel Nordby 14588 Request of Associated Industries of Florida, Florida Health Care Association, and Florida Hospital Association to Participate in Oral Argument
Click to open document 07/08/2019 REQUEST-ORAL ARGUMENT PT Advisory Opinion To The Attorney General BY: PT Edward M. Wenger 85568
Click to open document 07/10/2019 NOTICE-SUPPLEMENTAL AUTHORITY PT Advisory Opinion To The Attorney General BY: PT Edward M. Wenger 85568
Click to open document 07/10/2019 APPENDIX/ATTACHMENT TO MISC DOC PT Advisory Opinion To The Attorney General BY: PT Edward M. Wenger 85568
Click to open document 07/15/2019 ORDER-OTHER SUBSTANTIVE 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.
Click to open document 07/15/2019 REQUEST-ORAL ARGUMENT PR Infinite Energy, Inc. BY: PR Warren Lee Rhea 115579 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
Click to open document 08/02/2019 ORDER-OTHER SUBSTANTIVE GR 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.
Click to open document 08/14/2019 NOTICE-FILING PT Advisory Opinion To The Attorney General BY: PT Edward M. Wenger 85568
08/28/2019 ORAL ARGUMENT HELD
Click to open document 10/17/2019 MOTION-COUNS WITHDRAWAL OP Associated Industries Of Florida AIF BY: WE Rachel Nordby 56606 Motion to Withdraw as Counsel for Opponents AIF, FHCA, and FHA
Click to open document 10/18/2019 ORDER-COUNS WITHDRAWAL GR 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.
Click to open document 10/25/2019 NOTICE-COUNS SUBSTITUTION OP The Florida House Of Representatives BY: WE Adam S. Tanenbaum 117498 Tanenbaum's Motion to Withdraw as Counsel for the Florida House of Representatives