Bradley Marshall, senior associate attorney in Earthjustice’s Florida regional office, explains that it’s not the ballot summary that is deceptive for voters. It’s what is left out. Tucked within the full text—not included on the ballot—is the measure’s definition of subsidizing “backup power.” Section (3)© defines backup power as electricity “from an electric utility” during periods when solar electricity generation is “insufficient or unavailable, such as at night.”


While most people think of “backup power” as electricity via household, off-the-grid generators, Marshall says, the amendment’s definition actually pertains to the daily cycle of energy transaction and consumption. Under Florida’s current net-metering policy, solar users sell unused energy back to the grid at wholesale prices, generally during the day when electricity rates are highest and solar energy is in surplus. Then, solar customers draw energy—or “backup power”—from the grid at night when their rooftop systems are no longer generating power. The language of the amendment could allow for hefty fees to be doled out by utility companies for using this power under the pretense of protection for all consumers—stifling Florida’s bountiful rooftop solar potential in the process.


Opponents of Amendment 1 worry that the utility companies’ real target is the system of net metering itself, and that the measure could lead to its repeal.

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