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from the sunshine-state-finally-living-up-to-its-name dept.

Solar Industry Magazine reports [solarindustrymag.com]

Following a long local--and national--campaign, Florida voters overwhelmingly approved a pro-solar ballot measure during the state's primary election on [August 30].

Passed with 73% of the vote, Amendment 4 implements a change to the state constitution and clears the way for the legislature to implement new tax laws that advocates say will end prohibitive tax liabilities and help boost Florida's fledgling distributed solar market.

According to Vote Solar, a big proponent of the measure, Amendment 4 was placed on the ballot after garnering unanimous support from state policymakers in March. Specifically, the amendment authorizes the state legislature to abate ad valorem taxation and exempt tangible personal property tax on solar or renewable energy source devices installed on commercial and industrial property. This reflects an extension of the existing ad valorem abatement for solar and renewable energy devices on residential property. Once implemented by the legislature, the tax incentives of the amendment will begin in 2018 and extend for 20 years.

[...]The ballot summary says, "This amendment establishes a right under Florida's constitution for consumers to own or lease solar equipment installed on their property to generate electricity for their own use. State and local governments shall retain their abilities to protect consumer rights and public health, safety and welfare, and to ensure that consumers who do not choose to install solar are not required to subsidize the costs of backup power and electric grid access to those who do."

The Florida Supreme court narrowly approved the amendment's language in a 3-4 vote, and in her dissenting opinion [flcourts.org][PDF][1], Justice Barbara Pariente deemed the ballot measure a "wolf in sheep's clothing".

[1] Unable to resolve host address.

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