HB 7209

1
A bill to be entitled
2An act relating to reorganization of the Public Service
3Commission; amending s. 20.121, F.S.; establishing the
4Office of Regulatory Staff within the Financial Services
5Commission; requiring the executive director of the Office
6of Regulatory Staff to meet specified requirements;
7providing that the executive director's appointment is
8subject to Senate confirmation; amending s. 112.324, F.S.;
9revising provisions for disposition of ethics complaints
10against the Public Counsel and employees of the Public
11Counsel; amending s. 186.801, F.S.; directing the
12commission to request assistance from the Office of
13Regulatory Staff to make a preliminary study of certain
14site plans submitted to the commission by electric
15utilities; amending s. 350.001, F.S.; revising legislative
16intent; amending s. 350.011, F.S.; prohibiting certain
17acts by commissioners and commission staff; repealing s.
18350.012, F.S., relating to the creation and organization
19of the Committee on Public Counsel Oversight; amending s.
20350.031, F.S.; revising requirements for nomination by the
21Public Service Commission Nominating Council for
22appointment to the commission; creating s. 350.035, F.S.;
23prohibiting attempts by certain persons to sway the
24judgment of commissioners; providing for the Commission on
25Ethics to investigate complaints of violations pursuant to
26specified procedures; amending s. 350.04, F.S.; providing
27requirements for nomination by the Public Service
28Commission Nominating Council for appointment to the
29commission; requiring commissioners to complete a course
30of study developed by the executive director and general
31counsel of the Office of Regulatory Staff; requiring
32commissioners to complete continuing education; providing
33training requirements for commissioners and commission
34employees; requiring certifications of compliance to be
35provided to the Legislature; amending s. 350.041, F.S.;
36revising legislative intent; revising standards of conduct
37for commissioners; revising provisions for investigation
38and reports by the Commission on Ethics of alleged
39violations; authorizing commission employees and the
40executive director of the Office of Regulatory Staff to
41request opinions from the Commission on Ethics; amending
42s. 350.042, F.S.; revising provisions for communications
43concerning agency action proceedings and proceedings under
44specified provisions; providing for application of such
45provisions to commission employees; revising restrictions
46on such communications by commissioners and commission
47employees; defining the term "ex parte communication";
48providing a civil penalty; amending s. 350.06, F.S.;
49revising provisions for the offices of the commission,
50payment of moneys, and employment of personnel; amending
51s. 350.0605, F.S.; restricting employment of a former
52executive director or former employee of the Office of
53Regulatory Staff; amending s. 350.061, F.S.; providing for
54appointment of the Public Counsel by, and service of the
55Public Counsel at the pleasure of, the Attorney General;
56amending ss. 350.0613 and 350.0614, F.S.; providing powers
57and duties of the Attorney General regarding the Public
58Counsel and his or her employees to conform provisions to
59the transfer of the Public Counsel; creating s. 350.071,
60F.S.; creating the Office of Regulatory Staff within the
61Financial Services Commission; providing for the office to
62be considered a party of record in all proceedings before
63the Public Service Commission; requiring the commission to
64notify the office of certain proceedings; providing
65purpose of the office; defining the term "public
66interest"; providing that the office is subject to certain
67provisions governing ex parte communications; creating s.
68350.072, F.S.; providing for an executive director and
69employees of the office; providing duties and
70responsibilities of the executive director; providing for
71submission of a budget to the Financial Services
72Commission; providing for the location, internal
73administration, and operation of the office; creating s.
74350.073, F.S.; providing for appointment, term,
75qualifications, and salary of the executive director of
76the office; providing for application of specified
77provisions for standards of conduct; creating s. 350.074,
78F.S.; providing duties of the office; authorizing the
79office to intervene in certain proceedings; requiring the
80office to provide an annual report to the Legislature;
81directing the commission and the office to establish
82procedures by which the office may elect not to
83participate as a party in certain matters; creating s.
84350.075, F.S.; authorizing the office to access certain
85books and records; amending s. 350.113, F.S.; revising
86authorized uses of the Florida Public Service Regulatory
87Trust Fund; amending s. 350.117, F.S.; authorizing the
88office to require reports; requiring a copy of any report
89provided to the commission to be provided to the office;
90authorizing the commission to request that the office
91perform management and operation audits of any regulated
92company; repealing s. 350.121, F.S., relating to
93commission inquiries and the confidentiality of business
94material; creating s. 350.122, F.S.; requiring persons
95testifying before the Public Service Commission to
96disclose certain financial and fiduciary relationships;
97providing that a determination by the commission that a
98violation occurred constitutes agency action for which a
99hearing may be sought; amending s. 364.016, F.S.;
100authorizing the office to assess a telecommunications
101company for certain travel costs; amending s. 364.02,
102F.S.; defining the term "office" as used in provisions
103relating to telecommunications companies; amending s.
104364.15, F.S.; revising provisions authorizing the
105commission to compel changes to a telecommunications
106facility; amending s. 364.183, F.S.; providing that the
107office shall have access to certain records of a
108telecommunications company and may require a
109telecommunications company to file records, reports, or
110other data; specifying limitations on the authority of the
111commission to access records; providing for the office to
112maintain confidentiality; amending s. 364.185, F.S.;
113providing powers of the office to investigate and inspect
114telecommunications companies; removing such powers from
115the commission; amending s. 364.335, F.S.; revising the
116authority of the commission to institute a proceeding to
117determine whether the grant of a certificate of need
118concerning construction, operation, or control of a
119telecommunications facility is in the public interest;
120amending s. 364.3376, F.S.; providing for the office to
121conduct certain investigations; amending s. 364.3381,
122F.S.; revising the authority of the commission to
123investigate allegations of certain anticompetitive
124practices; amending s. 364.37, F.S.; revising the
125authority of the commission to make such order and
126prescribe such terms and conditions with respect to
127controversies concerning territory to be served by a
128telecommunications facility; amending s. 366.02, F.S.;
129defining the term "office" as used in provisions relating
130to public utilities; amending s. 366.05, F.S.; authorizing
131the office to make certain purchases for examinations and
132testing; providing that the office shall have access to
133certain records and may require records, reports, or other
134data; specifying limitations on the authority of the
135commission to access records; authorizing the office to
136assess a public utility for certain travel costs; amending
137ss. 366.06, 366.07, 366.071, and 366.076, F.S.; removing
138authority of the commission to initiate certain
139proceedings or take certain actions upon its own motion;
140amending s. 366.08, F.S.; providing powers of the office
141to investigate public utilities; removing such powers from
142the commission; amending s. 366.093, F.S.; providing
143powers of the office to have access to records; specifying
144limitations on the authority of the commission to access
145records; providing for the office to maintain
146confidentiality; amending s. 366.82, F.S.; revising the
147authority of the commission to require modifications or
148additions to a utility's plans and programs; amending s.
149367.021, F.S.; defining the term "office" as used in
150provisions relating to water and wastewater utilities;
151amending s. 367.045, F.S.; requiring a water or wastewater
152utility to provide notice to the office when it applies
153for an initial or amended certificate of authorization;
154providing for an objection and a request for a public
155hearing by the office; requiring the commission to give
156notice of certain actions upon petition of the office;
157amending s. 367.081, F.S.; revising the authority of the
158commission to fix rates of water and wastewater utilities
159or implement changes of such rates; amending s. 367.0814,
160F.S.; providing for a water or wastewater utility to
161request and obtain assistance from the office for the
162purpose of changing its rates and charges; revising the
163authority of the commission to authorize interim rates;
164directing the commission to request from the office any
165information necessary to complete a status report;
166amending ss. 367.0817, 367.082, 367.0822, and 367.083,
167F.S.; revising authority of the commission to initiate
168certain proceedings or take certain actions upon its own
169motion; amending s. 367.101, F.S.; providing that the
170commission shall, upon request, direct the office to
171investigate agreements or proposals for charges and
172conditions for service availability and report the
173results; amending s. 367.121, F.S.; revising powers of the
174commission; providing powers of the office; amending s.
175367.122, F.S.; providing for the office to test meters;
176amending s. 367.145, F.S.; revising provisions for use of
177certain regulatory fees; amending s. 367.156, F.S.;
178providing powers of the office to have access to records;
179specifying limitations on the authority of the commission
180to access records; providing for the office to maintain
181confidentiality; amending s. 367.171, F.S.; revising
182provisions for jurisdiction of certain cases involving a
183utility that becomes subject to county regulation;
184amending s. 368.05, F.S., relating to gas transmission and
185distribution facilities; prohibiting the commission from
186initiating proceedings under specified provisions on its
187own motion; specifying limitations on the authority of the
188commission to access records; amending s. 368.061, F.S.;
189revising provisions for compromise of a civil penalty;
190revising the authority of the commission to initiate
191injunction proceedings; amending s. 368.103, F.S.;
192defining the term "office" as used in the "Natural Gas
193Transmission Pipeline Intrastate Regulatory Act";  
194amending ss. 368.106 and 368.107, F.S.; revising the
195authority of the commission to initiate certain
196proceedings or take certain actions concerning rates;
197amending s. 368.108, F.S.; providing powers of the office
198to have access to records; specifying limitations on the
199authority of the commission to access records; providing
200for the office to maintain confidentiality; amending s.
201368.1085, F.S.; authorizing the office to assess a natural
202gas transmission company for certain travel costs;
203removing the authority of the commission to assess such
204costs; amending s. 368.109, F.S.; revising provisions for
205use of certain regulatory fees; amending ss. 403.519,
206403.537, and 403.9422, F.S., relating to siting of
207electrical transmission lines; revising authority of the
208commission to initiate certain proceedings or take certain
209actions upon its own motion; amending ss. 196.012,
210199.183, 212.08, 288.0655, 290.007, 364.602, 489.103, and
211624.105, F.S.; conforming cross-references; providing an
212effective date.
213
214Be It Enacted by the Legislature of the State of Florida:
215
216     Section 1.  Subsection (3) of section 20.121, Florida
217Statutes, is amended to read:
218     20.121  Department of Financial Services.-There is created
219a Department of Financial Services.
220     (3)  FINANCIAL SERVICES COMMISSION.-Effective January 7,
2212003, there is created within the Department of Financial
222Services the Financial Services Commission, composed of the
223Governor, the Attorney General, the Chief Financial Officer, and
224the Commissioner of Agriculture, which shall for purposes of
225this section be referred to as the commission. Commission
226members shall serve as agency head of the Financial Services
227Commission. The commission shall be a separate budget entity and
228shall be exempt from the provisions of s. 20.052. Commission
229action shall be by majority vote consisting of at least three
230affirmative votes. The commission shall not be subject to
231control, supervision, or direction by the Department of
232Financial Services in any manner, including purchasing,
233transactions involving real or personal property, personnel, or
234budgetary matters.
235     (a)  Structure.-The major structural unit of the commission
236is the office. Each office shall be headed by a director. The
237following offices are established:
238     1.  The Office of Insurance Regulation, which shall be
239responsible for all activities concerning insurers and other
240risk bearing entities, including licensing, rates, policy forms,
241market conduct, claims, issuance of certificates of authority,
242solvency, viatical settlements, premium financing, and
243administrative supervision, as provided under the insurance code
244or chapter 636. The head of the Office of Insurance Regulation
245is the Director of the Office of Insurance Regulation, who may
246also be known as the Commissioner of Insurance Regulation.
247     2.  The Office of Financial Regulation, which shall be
248responsible for all activities of the Financial Services
249Commission relating to the regulation of banks, credit unions,
250other financial institutions, finance companies, and the
251securities industry. The head of the office is the Director of
252the Office of Financial Regulation, who may also be known as the
253Commissioner of Financial Regulation. The Office of Financial
254Regulation shall include a Bureau of Financial Investigations,
255which shall function as a criminal justice agency for purposes
256of ss. 943.045-943.08 and shall have a separate budget. The
257bureau may conduct investigations within or outside this state
258as the bureau deems necessary to aid in the enforcement of this
259section. If, during an investigation, the office has reason to
260believe that any criminal law of this state has or may have been
261violated, the office shall refer any records tending to show
262such violation to state or federal law enforcement or
263prosecutorial agencies and shall provide investigative
264assistance to those agencies as required.
265     3.  The Office of Regulatory Staff, which shall represent
266the public interest with respect to matters within the
267jurisdiction of the Public Service Commission. The Office of
268Regulatory Staff shall be headed by an executive director and
269shall be organized and function independently under the
270provisions of chapter 350.
271     (b)  Organization.-The commission shall establish by rule
272any additional organizational structure of the offices. It is
273the intent of the Legislature to provide the commission with the
274flexibility to organize the offices in any manner they determine
275appropriate to promote both efficiency and accountability.
276     (c)  Powers.-Commission members shall serve as the agency
277head for purposes of rulemaking under ss. 120.536-120.565 by the
278commission and all subunits of the commission. Each director is
279agency head for purposes of final agency action under chapter
280120 for all areas within the regulatory authority delegated to
281the director's office.
282     (d)  Appointment and qualifications of directors.-The
283commission shall appoint or remove each director by a majority
284vote consisting of at least three affirmative votes, with both
285the Governor and the Chief Financial Officer on the prevailing
286side. The minimum qualifications of the directors are as
287follows:
288     1.  Prior to appointment as director, the director of the
289Office of Insurance Regulation must have had, within the
290previous 10 years, at least 5 years of responsible private
291sector experience working full time in areas within the scope of
292the subject matter jurisdiction of the Office of Insurance
293Regulation or at least 5 years of experience as a senior
294examiner or other senior employee of a state or federal agency
295having regulatory responsibility over insurers or insurance
296agencies.
297     2.  Prior to appointment as director, the director of the
298Office of Financial Regulation must have had, within the
299previous 10 years, at least 5 years of responsible private
300sector experience working full time in areas within the subject
301matter jurisdiction of the Office of Financial Regulation or at
302least 5 years of experience as a senior examiner or other senior
303employee of a state or federal agency having regulatory
304responsibility over financial institutions, finance companies,
305or securities companies.
306     3.  The executive director of the Office of Regulatory
307Staff must meet the qualification requirements under s. 350.073.
308Appointment of the executive director is subject to confirmation
309by the Senate.
310     (e)  Administrative support.-The offices shall have a
311sufficient number of attorneys, examiners, investigators, other
312professional personnel to carry out their responsibilities and
313administrative personnel as determined annually in the
314appropriations process. The Department of Financial Services
315shall provide administrative and information systems support to
316the offices.
317     (f)  Records retention schedules.-The commission and the
318offices may destroy general correspondence files and also any
319other records that they deem no longer necessary to preserve in
320accordance with retention schedules and destruction notices
321established under rules of the Division of Library and
322Information Services, records and information management
323program, of the Department of State. Such schedules and notices
324relating to financial records of the commission and offices
325shall be subject to the approval of the Auditor General.
326     (g)  Records storage.-The commission and offices may
327photograph, microphotograph, or reproduce on film such documents
328and records as they may select, in such manner that each page
329will be exposed in exact conformity with the original. After
330reproduction and filing, original documents and records may be
331destroyed in accordance with the provisions of paragraph (f).
332     Section 2.  Paragraphs (a) and (c) of subsection (8) of
333section 112.324, Florida Statutes, are amended to read:
334     112.324  Procedures on complaints of violations; public
335records and meeting exemptions.-
336     (8)  If, in cases pertaining to complaints other than
337complaints against impeachable officers or members of the
338Legislature, upon completion of a full and final investigation
339by the commission, the commission finds that there has been a
340violation of this part or of s. 8, Art. II of the State
341Constitution, it shall be the duty of the commission to report
342its findings and recommend appropriate action to the proper
343disciplinary official or body as follows, and such official or
344body shall have the power to invoke the penalty provisions of
345this part, including the power to order the appropriate
346elections official to remove a candidate from the ballot for a
347violation of s. 112.3145 or s. 8(a) and (i), Art. II of the
348State Constitution:
349     (a)  The President of the Senate and the Speaker of the
350House of Representatives, jointly, in any case concerning the
351Public Counsel, members of the Public Service Commission,
352members of the Public Service Commission Nominating Council, the
353Auditor General, the director of the Office of Program Policy
354Analysis and Government Accountability, or members of the
355Legislative Committee on Intergovernmental Relations.
356     (c)  The President of the Senate, in any case concerning an
357employee of the Senate; the Speaker of the House of
358Representatives, in any case concerning an employee of the House
359of Representatives; or the President and the Speaker, jointly,
360in any case concerning an employee of a committee of the
361Legislature whose members are appointed solely by the President
362and the Speaker or in any case concerning an employee of the
363Public Counsel, Public Service Commission, Auditor General,
364Office of Program Policy Analysis and Government Accountability,
365or Legislative Committee on Intergovernmental Relations.
366     Section 3.  Subsection (2) of section 186.801, Florida
367Statutes, is amended to read:
368     186.801  Ten-year site plans.-
369     (2)  Within 9 months after the receipt of the proposed
370plan, the commission shall request assistance from the Office of
371Regulatory Staff to make a preliminary study of such plan and
372shall classify the plan it as "suitable" or "unsuitable." The
373commission may suggest alternatives to the plan. All findings of
374the commission shall be made available to the Department of
375Environmental Protection for its consideration at any subsequent
376electrical power plant site certification proceedings. It is
377recognized that 10-year site plans submitted by an electric
378utility are tentative information for planning purposes only and
379may be amended at any time at the discretion of the utility upon
380written notification to the commission. A complete application
381for certification of an electrical power plant site under
382chapter 403, when such site is not designated in the current 10-
383year site plan of the applicant, shall constitute an amendment
384to the 10-year site plan. In its preliminary study of each 10-
385year site plan, the commission shall consider such plan as a
386planning document and shall review:
387     (a)  The need, including the need as determined by the
388commission, for electrical power in the area to be served.
389     (b)  The effect on fuel diversity within the state.
390     (c)  The anticipated environmental impact of each proposed
391electrical power plant site.
392     (d)  Possible alternatives to the proposed plan.
393     (e)  The views of appropriate local, state, and federal
394agencies, including the views of the appropriate water
395management district as to the availability of water and its
396recommendation as to the use by the proposed plant of salt water
397or fresh water for cooling purposes.
398     (f)  The extent to which the plan is consistent with the
399state comprehensive plan.
400     (g)  The plan with respect to the information of the state
401on energy availability and consumption.
402     Section 4.  Section 350.001, Florida Statutes, is amended
403to read:
404     350.001  Legislative intent.-
405     (1)  The Florida Public Service Commission has been and
406shall continue to be an arm of the legislative branch of
407government. In the exercise of its jurisdiction, the commission
408shall neither establish nor implement any regulatory policy that
409is contrary to, or is an expansion of, the authority granted to
410it by the Legislature.
411     (2)  The Public Service Commission and its staff shall
412perform their its duties independently, impartially,
413professionally, honorably, and without undue influence from any
414person.
415     (3)  It is the desire of the Legislature that the Governor
416participate in the appointment process of commissioners to the
417Public Service Commission. The Legislature accordingly delegates
418to the Governor a limited authority with respect to the Public
419Service Commission by authorizing him or her to participate in
420the selection of members only in the manner prescribed by s.
421350.031.
422     Section 5.  Section 350.011, Florida Statutes, is amended
423to read:
424     350.011  Florida Public Service Commission; jurisdiction;
425powers and duties.-
426     (1)  The state regulatory agency heretofore known as the
427Florida Railroad and Public Utilities Commission or Florida
428Public Utilities Commission shall be known and hereafter called
429Florida Public Service Commission, and all rights, powers,
430duties, responsibilities, jurisdiction, and judicial powers now
431vested in said Railroad and Public Utilities Commission or said
432Florida Public Utilities Commission and the commissioners
433thereof are vested in the Florida Public Service Commission and
434the commissioners thereof.
435     (2)  The commissioners of the Florida Public Service
436Commission shall not supervise, direct, or control any person
437whose services are employed by the Office of Regulatory Staff
438created under ss. 20.121 and 350.071.
439     (3)  Notwithstanding any other provision of law, the
440commission shall not inspect, audit, or examine any entity
441subject to the jurisdiction of the commission pursuant to any
442provision of law, as these functions are the sole responsibility
443of the Office of Regulatory Staff.
444     (4)  The commission staff shall not appear as a party in
445commission proceedings or offer testimony on issues before the
446commission. The commission staff shall not conduct discovery,
447either informally or pursuant to the Florida Rules of Civil
448Procedure, in any proposed agency action proceeding or any
449proceeding under s. 120.569 or s. 120.57 in which the
450substantial interests of a party are determined by the
451commission.
452     Section 6.  Section 350.012, Florida Statutes, is repealed.
453     Section 7.  Paragraphs (b) and (d) of subsection (1) and
454subsection (5) of section 350.031, Florida Statutes, are amended
455to read:
456     350.031  Florida Public Service Commission Nominating
457Council.-
458     (1)
459     (b)  All terms shall be for 4 years except those members of
460the House and Senate, who shall serve 2-year terms concurrent
461with the 2-year elected terms of House members. All terms of the
462members of the Public Service Commission Nominating Council
463existing on June 30, 2008, shall terminate upon the effective
464date of this act; however, such members may serve an additional
465term if reappointed by the Speaker of the House of
466Representatives or the President of the Senate. To establish
467staggered terms, appointments of members shall be made for
468initial terms to begin on July 1, 2008, with each appointing
469officer to appoint three legislator members, one of whom shall
470be a member of the minority party, to terms through the
471remainder of the 2-year elected terms of House members; one
472nonlegislator member to a 6-month term; one nonlegislator member
473to an 18-month term; and one nonlegislator member to a 42-month
474term. Thereafter, the terms of the nonlegislator members of the
475Public Service Commission Nominating Council shall begin on
476January 2 of the year the term commences and end 4 years later
477on January 1.
478     (d)  Vacancies on the council shall be filled for the
479unexpired portion of the term in the same manner as original
480appointments to the council. A member may not be reappointed to
481the council, except for a member of the House of Representatives
482or the Senate who may be appointed to two 2-year terms, members
483who are reappointed pursuant to paragraph (b), or a person who
484is appointed to fill the remaining portion of an unexpired term.
485     (5)  A person may not be nominated to the Governor for
486appointment to the Public Service Commission until the council
487has determined that the person satisfies the qualifications set
488forth in s. 350.04(2) is competent and knowledgeable in one or
489more fields, which shall include, but not be limited to: public
490affairs, law, economics, accounting, engineering, finance,
491natural resource conservation, energy, or another field
492substantially related to the duties and functions of the
493commission. The commission shall fairly represent the above-
494stated fields identified in s. 350.04(2). Recommendations of the
495council shall be nonpartisan.
496     Section 8.  Section 350.035, Florida Statutes, is created
497to read:
498     350.035  Prohibited influence on commissioners.-Neither the
499Governor, the President of the Senate, the Speaker of the House
500of Representatives, nor a member of the Public Service
501Commission Nominating Council shall attempt to sway the
502independent judgment of the commission by bringing pressure to
503bear upon a commissioner or commission employee through that
504person's role in the nomination, appointment, or confirmation of
505commissioners. It is the duty of the Commission on Ethics to
506receive and investigate sworn complaints of violations of this
507section pursuant to ss. 112.322-112.3241.
508     Section 9.  Section 350.04, Florida Statutes, is amended to
509read:
510     350.04  Qualifications of commissioners; training and
511continuing education.-
512     (1)  A commissioner may not, at the time of appointment or
513during his or her term of office:
514     (a)(1)  Have any financial interest, other than ownership
515of shares in a mutual fund, in any business entity which, either
516directly or indirectly, owns or controls any public utility
517regulated by the commission, in any public utility regulated by
518the commission, or in any business entity which, either directly
519or indirectly, is an affiliate or subsidiary of any public
520utility regulated by the commission.
521     (b)(2)  Be employed by or engaged in any business activity
522with any business entity which, either directly or indirectly,
523owns or controls any public utility regulated by the commission,
524by any public utility regulated by the commission, or by any
525business entity which, either directly or indirectly, is an
526affiliate or subsidiary of any public utility regulated by the
527commission.
528     (2)  Each person recommended for appointment to the Public
529Service Commission by the Public Service Commission Nominating
530Council must:
531     (a)  Have earned at least a baccalaureate degree from an
532institution of higher learning accredited by a regional or
533national accrediting body; and
534     (b)  Possess a minimum of 10 years of professional
535experience, or a minimum of 6 years of professional experience
536if the person has earned an advanced degree, in one or more of
537the following:
538     1.  Energy or electric industry issues.
539     2.  Telecommunications issues.
540     3.  Water and sewer industry issues.
541     4.  Finance.
542     5.  Economics.
543     6.  Accounting.
544     7.  Engineering.
545     8.  Law.
546     (3)  Before voting on any matter before the Public Service
547Commission, each person appointed to the commission after July
5481, 2010, shall complete a comprehensive course of study,
549developed by the executive director and general counsel of the
550Office of Regulatory Staff in coordination with the National
551Association of Regulatory Utility Commissioners Subcommittee on
552Education and Research, that addresses the substantive matters
553within the jurisdiction of the commission, administrative law
554applicable to commission proceedings, and standards of conduct
555applicable to commissioners. Thereafter, each commissioner must
556annually complete no less than 10 hours of continuing
557professional education directly related to substantive matters
558within the jurisdiction of the commission.
559     (4)  No less than once every 12 months, each commissioner
560and commission employee shall receive training, in a form
561developed by the executive director and general counsel of the
562Office of Regulatory Staff, that addresses the ethical standards
563of conduct applicable to commissioners and their staff.
564     (5)  The chair of the Public Service Commission shall
565certify the commission's compliance with these requirements, and
566each commissioner shall certify his or her individual compliance
567with the continuing professional education requirements provided
568in subsection (3). Each certification of compliance shall be
569provided to the President of the Senate and the Speaker of the
570House of Representatives.
571     Section 10.  Section 350.041, Florida Statutes, is amended
572to read:
573     350.041  Commissioners; standards of conduct.-
574     (1)  STATEMENT OF INTENT.-
575     (a)  Professional, impartial, and honorable commissioners
576are indispensable to the effective performance of the
577commission's duties. A commissioner shall maintain high
578standards of conduct and shall personally observe those
579standards so that the integrity and impartiality of the
580commission may be preserved. The standards of conduct provided
581in this section should be construed and applied to further that
582objective.
583     (b)  In addition to the provisions of part III of chapter
584112, which are applicable to public service commissioners by
585virtue of their being public officers and full-time employees of
586the legislative branch of government, the conduct of public
587service commissioners shall be governed by the standards of
588conduct provided in this section. Nothing shall prohibit the
589standards of conduct from being more restrictive than part III
590of chapter 112. Further, this section shall not be construed to
591contravene the restrictions of part III of chapter 112. In the
592event of a conflict between this section and part III of chapter
593112, the more restrictive provision shall apply.
594     (2)  STANDARDS OF CONDUCT.-
595     (a)  A commissioner may not accept anything from any
596business entity which, either directly or indirectly, owns or
597controls any public utility regulated by the commission, from
598any public utility regulated by the commission, or from any
599business entity which, either directly or indirectly, is an
600affiliate or subsidiary of any public utility regulated by the
601commission. A commissioner may attend conferences and associated
602meals and events that are generally available to all conference
603participants without payment of any fees in addition to the
604conference fee. Additionally, while attending a conference, a
605commissioner may attend meetings, meals, or events that are not
606sponsored, in whole or in part, by any representative of any
607public utility regulated by the commission and that are limited
608to commissioners only, committee members, or speakers if the
609commissioner is a member of a committee of the association of
610regulatory agencies that organized the conference or is a
611speaker at the conference. It is not a violation of this
612paragraph for a commissioner to attend a conference for which
613conference participants who are employed by a utility regulated
614by the commission have paid a higher conference registration fee
615than the commissioner, or to attend a meal or event that is
616generally available to all conference participants without
617payment of any fees in addition to the conference fee and that
618is sponsored, in whole or in part, by a utility regulated by the
619commission. If, during the course of an investigation by the
620Commission on Ethics into an alleged violation of this
621paragraph, allegations are made as to the identity of the person
622giving or providing the prohibited gift, that person must be
623given notice and an opportunity to participate in the
624investigation and relevant proceedings to present a defense. If
625the Commission on Ethics determines that the person gave or
626provided a prohibited gift, the person may not appear before the
627commission or otherwise represent anyone before the commission
628for a period of 2 years.
629     (b)  A commissioner may not accept any form of employment
630with or engage in any business activity with any business entity
631which, either directly or indirectly, owns or controls any
632public utility regulated by the commission, any public utility
633regulated by the commission, or any business entity which,
634either directly or indirectly, is an affiliate or subsidiary of
635any public utility regulated by the commission.
636     (c)  A commissioner may not have any financial interest,
637other than shares in a mutual fund, in any public utility
638regulated by the commission, in any business entity which,
639either directly or indirectly, owns or controls any public
640utility regulated by the commission, or in any business entity
641which, either directly or indirectly, is an affiliate or
642subsidiary of any public utility regulated by the commission. If
643a commissioner acquires any financial interest prohibited by
644this section during his or her term of office as a result of
645events or actions beyond the commissioner's control, he or she
646shall immediately sell such financial interest or place such
647financial interest in a blind trust at a financial institution.
648A commissioner may not attempt to influence, or exercise any
649control over, decisions regarding the blind trust.
650     (d)  A commissioner may not accept anything from a party in
651a proceeding currently pending before the commission. If, during
652the course of an investigation by the Commission on Ethics into
653an alleged violation of this paragraph, allegations are made as
654to the identity of the person giving or providing the prohibited
655gift, that person must be given notice and an opportunity to
656participate in the investigation and relevant proceedings to
657present a defense. If the Commission on Ethics determines that
658the person gave or provided a prohibited gift, the person may
659not appear before the commission or otherwise represent anyone
660before the commission for a period of 2 years.
661     (e)  A commissioner may not serve as the representative of
662any political party or on any executive committee or other
663governing body of a political party; serve as an executive
664officer or employee of any political party, committee,
665organization, or association; receive remuneration for
666activities on behalf of any candidate for public office; engage
667on behalf of any candidate for public office in the solicitation
668of votes or other activities on behalf of such candidacy; or
669become a candidate for election to any public office without
670first resigning from office.
671     (f)  A commissioner, during his or her term of office, may
672not make any public comment regarding the merits of any
673proceeding under ss. 120.569 and 120.57 currently pending before
674the commission.
675     (g)  A commissioner may not conduct himself or herself in
676an unprofessional manner at any time during the performance of
677his or her official duties.
678     (h)  The chair shall require order and decorum in
679proceedings before the commission. In the absence of the chair,
680the commissioner presiding over a commission proceeding shall
681require order and decorum in the proceeding.
682     (i)  A commissioner shall be patient, dignified, and
683courteous to litigants, other commissioners, witnesses, lawyers,
684commission staff, staff of the Office of Regulatory Staff, and
685others with whom the commissioner deals in an official capacity.
686     (j)  A commissioner shall perform his or her official
687duties without bias or prejudice. A commissioner may not, in the
688performance of his or her official duties, by words or conduct
689manifest bias or prejudice.
690     (k)  A commissioner may not, with respect to parties or
691classes of parties, cases, controversies, or issues likely to
692come before the commission, make pledges, promises, or
693commitments that are inconsistent with the impartial performance
694of the commissioner's official duties.
695     (l)  A commissioner may not be swayed by partisan
696interests, public clamor, or fear of criticism.
697     (m)(h)  A commissioner must avoid impropriety in all of his
698or her activities and must act at all times in a manner that
699promotes public confidence in the integrity and impartiality of
700the commission.
701     (n)(i)  A commissioner may not directly or indirectly,
702through staff or other means, solicit anything of value from any
703public utility regulated by the commission, or from any business
704entity that, whether directly or indirectly, is an affiliate or
705subsidiary of any public utility regulated by the commission, or
706from any party appearing in a proceeding considered by the
707commission in the last 2 years.
708     (3)  INVESTIGATIONS; REPORTS; ADVISORY OPINIONS.-
709     (a)  The Commission on Ethics shall accept and investigate
710any alleged violations of this section pursuant to the
711procedures contained in ss. 112.322-112.3241.
712     (b)  The Commission on Ethics shall provide the Governor
713and the Florida Public Service Commission Nominating Council
714with a report of its findings and recommendations with respect
715to alleged violations by a public service commissioner. The
716Governor is authorized to enforce these the findings and
717recommendations of the Commission on Ethics, pursuant to part
718III of chapter 112.
719     (c)  The Commission on Ethics shall provide the
720disciplinary officials or bodies specified in part III of
721chapter 112 with a report of its findings and recommendations
722with respect to alleged violations of the specific provisions of
723this section that, pursuant to s. 350.073, are applicable to the
724executive director of the Office of Regulatory Staff.
725     (d)  A public service commissioner, a commission employee,
726the executive director of the Office of Regulatory Staff, or a
727member of the Florida Public Service Commission Nominating
728Council may request an advisory opinion from the Commission on
729Ethics, pursuant to s. 112.322(3)(a), regarding the standards of
730conduct or prohibitions set forth in this section and ss.
731350.031, 350.04, and 350.042.
732     Section 11.  Section 350.042, Florida Statutes, is amended
733to read:
734     350.042  Ex parte communications.-
735     (1)  Each A commissioner and employee of the commission
736shall should accord to every person who is a party to or is
737registered with the commission as an interested person in a
738proposed agency action proceeding, or who is a party to a
739proceeding under s. 120.565, s. 120.569, or s. 120.57 legally
740interested in a proceeding, or the person's lawyer, full right
741to be heard according to law, and, except as authorized by law,
742shall not neither initiate, solicit, or nor consider ex parte
743communications concerning a pending proposed agency action the
744merits, threat, or offer of reward in any proceeding or a
745proceeding under s. 120.565, s. 120.569, or s. 120.57 other than
746a proceeding under s. 120.54 or s. 120.565, workshops, or
747internal affairs meetings. No individual shall discuss ex parte
748with a commissioner the merits of any issue that he or she knows
749will be filed with the commission within 180 90 days. The
750provisions of this subsection shall not apply to commission
751staff.
752     (a)  As used in this section, the term "ex parte
753communication" means any communication that:
754     1.  If it is a written or printed communication or a
755communication in electronic form, is not served on all parties
756to a proceeding; or
757     2.  If it is an oral communication, is made without
758adequate notice to the parties and without an opportunity for
759the parties to be present and heard.
760     (b)  Where circumstances require, ex parte communications
761concerning scheduling, administrative purposes, or emergencies
762that do not deal with substantive matters or issues on the
763merits are authorized, if:
764     1.  The commissioner or commission employee reasonably
765believes that no party will gain a procedural or tactical
766advantage as a result of the ex parte communication; and
767     2.  The commissioner or commission employee makes provision
768promptly to notify all parties of the substance of the ex parte
769communication and, where possible, allows an opportunity to
770respond.
771     (2)  The provisions of this section shall not prohibit an
772individual residential ratepayer from communicating with a
773commissioner or commission employee, provided that the ratepayer
774is representing only himself or herself, without compensation.
775     (3)  This section shall not apply to oral communications or
776discussions in scheduled and noticed open public meetings of
777educational programs or of a conference or other meeting of an
778association of regulatory agencies.
779     (4)  If a commissioner or commission employee knowingly
780receives an ex parte communication prohibited by this section
781relative to a proceeding other than as set forth in subsection
782(1), to which he or she is assigned, he or she must place on the
783record of the proceeding copies of all written communications
784received, all written responses to the communications, and a
785memorandum stating the substance of all oral communications
786received and all oral responses made, and shall give written
787notice to all parties to the communication that such matters
788have been placed on the record. Any party to the proceeding who
789desires to respond to the an ex parte communication may do so.
790The response must be received by the commission within 10 days
791after receiving notice that the ex parte communication has been
792placed on the record. The commissioner may, if he or she deems
793it necessary to eliminate the effect of an ex parte
794communication received by him or her, withdraw from the
795proceeding, in which case the chair shall substitute another
796commissioner for the proceeding.
797     (5)  Any individual who makes an ex parte communication
798prohibited by this section shall submit to the commission a
799written statement describing the nature of such communication,
800to include the name of the person making the communication, the
801name of each the commissioner or commission employee
802commissioners receiving the communication, copies of all written
803communications made, all written responses to such
804communications, and a memorandum stating the substance of all
805oral communications received and all oral responses made. The
806commission shall place on the record of a proceeding all such
807communications.
808     (6)  Any commissioner or commission employee who knowingly
809fails to place on the record any ex parte communication
810prohibited by this section such communications, in violation of
811this the section, within 15 days after of the date of the such
812communication is subject to removal or dismissal and may be
813assessed a civil penalty not to exceed $5,000. Any individual
814who knowingly fails to comply with subsection (5) may be
815assessed a civil penalty not to exceed $5,000.
816     (7)(a)  It is shall be the duty of the Commission on Ethics
817to receive and investigate sworn complaints of violations of
818this section pursuant to the procedures contained in ss.
819112.322-112.3241.
820     (b)  If the Commission on Ethics finds that there has been
821a violation of this section by a public service commissioner or
822commission employee, it shall provide the Governor and the
823Florida Public Service Commission Nominating Council with a
824report of its findings and recommendations. The Governor is
825authorized to enforce the findings and recommendations of the
826Commission on Ethics, pursuant to part III of chapter 112.
827     (c)  If a commissioner, commission employee, or other
828individual fails or refuses to pay the Commission on Ethics any
829civil penalties assessed pursuant to the provisions of this
830section, the Commission on Ethics may bring an action in any
831circuit court to enforce the such penalty.
832     (d)  If, during the course of an investigation by the
833Commission on Ethics into an alleged violation of this section,
834allegations are made as to the identity of the person who
835participated in the ex parte communication, that person must be
836given notice and an opportunity to participate in the
837investigation and relevant proceedings to present a defense. If
838the Commission on Ethics determines that the person participated
839in the ex parte communication, the person may not appear before
840the commission or otherwise represent anyone before the
841commission for a period of 2 years.
842     Section 12.  Subsections (1), (2), and (3) of section
843350.06, Florida Statutes, are amended to read:
844     350.06  Place of meeting; expenditures; employment of
845personnel; records availability and fees.-
846     (1)  The offices of the commission said commissioners shall
847be in the vicinity of Tallahassee, but the commissioners may
848hold sessions anywhere in the state at their discretion.
849     (2)  All sums of money authorized to be paid on account of
850the commission said commissioners shall be paid out of the State
851Treasury only on the order of the Chief Financial Officer.
852     (3)  The commission commissioners may employ clerical,
853technical, and professional personnel reasonably necessary for
854the performance of its their duties, except for those
855responsibilities and functions reserved to the Office of
856Regulatory Staff, and may also employ one or more persons
857capable of stenographic court reporting, to be known as the
858official reporters of the commission.
859     Section 13.  Section 350.0605, Florida Statutes, is amended
860to read:
861     350.0605  Former commissioners; executive directors; and
862employees of the commission or Office of Regulatory Staff;
863representation of clients before commission.-
864     (1)  Any former commissioner of the Public Service
865Commission or former executive director of the Office of
866Regulatory Staff is prohibited from appearing before the
867commission representing any client or any industry regulated by
868the Public Service Commission for a period of 2 years following
869termination of service as a commissioner or executive director
870on the commission.
871     (2)  Any former employee of the commission or the Office of
872Regulatory Staff is prohibited from appearing before the
873commission representing any client regulated by the Public
874Service Commission on any matter which was pending at the time
875of termination and in which such former employee had
876participated.
877     (3)  For a period of 2 years following termination of
878service as a commissioner or executive director on the
879commission, a former commissioner of the Public Service
880Commission or former executive director of the Office of
881Regulatory Staff member may not accept employment by or
882compensation from a business entity which, directly or
883indirectly, owns or controls a public utility regulated by the
884commission, from a public utility regulated by the commission,
885from a business entity which, directly or indirectly, is an
886affiliate or subsidiary of a public utility regulated by the
887commission or is an actual business competitor of a local
888exchange company or public utility regulated by the commission
889and is otherwise exempt from regulation by the commission under
890ss. 364.02(15)(14) and 366.02(1), or from a business entity or
891trade association that has been a party to a commission
892proceeding within the 2 years preceding the member's termination
893of service on the commission. This subsection applies only to
894members of the Florida Public Service Commission who are
895appointed or reappointed after May 10, 1993.
896     Section 14.  Subsection (1) of section 350.061, Florida
897Statutes, is amended to read:
898     350.061  Public Counsel; appointment; oath; restrictions on
899Public Counsel and his or her employees.-
900     (1)  The Attorney General Committee on Public Counsel
901Oversight shall appoint a Public Counsel by majority vote of the
902members of the committee to represent the general public of
903Florida before the Florida Public Service Commission. The Public
904Counsel shall be an attorney admitted to practice before the
905Florida Supreme Court and shall serve at the pleasure of the
906Attorney General Committee on Public Counsel Oversight, subject
907to biennial reconfirmation by the committee. The Public Counsel
908shall perform his or her duties independently. Vacancies in the
909office shall be filled in the same manner as the original
910appointment.
911     Section 15.  Section 350.0613, Florida Statutes, is amended
912to read:
913     350.0613  Public Counsel; employees; receipt of pleadings.-
914The Attorney General committee may authorize the Public Counsel
915to employ clerical and technical assistants whose
916qualifications, duties, and responsibilities the Attorney
917General committee shall from time to time prescribe. The
918Attorney General committee may from time to time authorize
919retention of the services of additional attorneys or experts to
920the extent that the best interests of the people of the state
921will be better served thereby, including the retention of expert
922witnesses and other technical personnel for participation in
923contested proceedings before the commission. The commission
924shall furnish the Public Counsel with copies of the initial
925pleadings in all proceedings before the commission, and if the
926Public Counsel intervenes as a party in any proceeding he or she
927shall be served with copies of all subsequent pleadings,
928exhibits, and prepared testimony, if used. Upon filing notice of
929intervention, the Public Counsel shall serve all interested
930parties with copies of such notice and all of his or her
931subsequent pleadings and exhibits.
932     Section 16.  Section 350.0614, Florida Statutes, is amended
933to read:
934     350.0614  Public Counsel; compensation and expenses.-
935     (1)  The salaries and expenses of the Public Counsel and
936his or her employees shall be allocated by the Attorney General
937committee only from moneys appropriated to the Public Counsel by
938the Legislature.
939     (2)  The Legislature declares and determines that the
940Public Counsel is under the legislative branch of government
941within the intention of the legislation as expressed in chapter
942216, and no power shall be in the Executive Office of the
943Governor or its successor to release or withhold funds
944appropriated to it, but the same shall be available for
945expenditure as provided by law and the rules or decisions of the
946Committee on Public Counsel Oversight.
947     (3)  Neither the Executive Office of the Governor nor the
948Department of Management Services or its successor shall have
949power to determine the number, or fix the compensation, of the
950employees of the Public Counsel or to exercise any manner of
951control over them.
952     Section 17.  Section 350.071, Florida Statutes, is created
953to read:
954     350.071  Office of Regulatory Staff; creation; status;
955purpose.-
956     (1)  The Office of Regulatory Staff is created as an office
957within the Financial Services Commission. The office shall
958perform its duties independently.
959     (2)  The office shall be considered a party of record in
960all proceedings before the Public Service Commission. All
961tariffs, initial pleadings, complaints, and notices of appeal
962filed with the commission shall be served upon the office. The
963commission shall notify the office of the initiation of any
964rulemaking proceeding, workshop, or other proceeding that the
965commission is authorized by law to initiate.
966     (3)  The office shall represent the public interest of this
967state. As used in ss. 350.071-350.075, the term "public
968interest" means a balancing of the following:
969     (a)  Concerns of the using and consuming public, regardless
970of customer class, with respect to services provided by any
971company subject to the jurisdiction of the commission pursuant
972to any provision of law.
973     (b)  Preservation of the financial integrity of the state's
974regulated public utilities and continued investment in and
975maintenance of facilities in order to provide reliable utility
976services at fair, just, and reasonable rates.
977     (c)  Promotion of fair competition in telecommunications
978markets.
979     (4)  The Office of Regulatory Staff shall be subject to the
980same provisions governing ex parte communications that apply to
981any other party to a commission proceeding. Any recommendation
982of the Office of Regulatory Staff shall be provided to the
983commission in a form, forum, and manner as may lawfully be
984provided by any other party.
985     Section 18.  Section 350.072, Florida Statutes, is created
986to read:
987     350.072  Office of Regulatory Staff; organization,
988administration, and operations.-
989     (1)  The Office of Regulatory Staff shall consist of the
990executive director and any clerical, technical, and professional
991personnel that the executive director deems to be reasonably
992necessary for the performance of the duties of the office. The
993executive director is authorized to employ expert witnesses and
994other professional expertise that the executive director deems
995to be reasonably necessary to assist the office in the
996performance of its duties.
997     (2)  The executive director shall employ and set the
998compensation for all personnel of the Office of Regulatory Staff
999and shall be responsible for the supervision and direction of
1000all such personnel.
1001     (3)  The executive director and employees of the Office of
1002Regulatory Staff are not subject to the supervision, direction,
1003or control of the commission, the chair of the commission, or
1004any member or employee of the commission.
1005     (4)  The executive director is responsible for preparing
1006the budget for the Office of Regulatory Staff and shall submit
1007the budget to the Financial Services Commission.
1008     (5)  The Office of Regulatory Staff shall maintain offices
1009in Leon County at a place convenient to the offices of the
1010commission that will enable the Office of Regulatory Staff to
1011efficiently perform its functions and duties.
1012     (6)  The Office of Regulatory Staff shall establish
1013procedures governing its internal administration and operations.
1014     Section 19.  Section 350.073, Florida Statutes, is created
1015to read:
1016     350.073  Office of Regulatory Staff; executive director.-
1017     (1)  The Financial Services Commission shall appoint or
1018remove the executive director of the Office of Regulatory Staff
1019in the manner set forth in s. 20.121(3)(d). Appointment of the
1020executive director shall be subject to confirmation by the
1021Senate. Until such time as the Senate confirms the appointment
1022of the executive director, the appointee shall perform the
1023functions of the office as provided by law.
1024     (2)(a)  The term of the executive director shall be 4
1025years, and the initial term of office shall begin January 2,
10262011. The Financial Services Commission shall appoint the
1027executive director no less than 60 days prior to the first day
1028of the term to which he or she is appointed.
1029     (b)  In case of a vacancy in the office of executive
1030director for any reason before expiration of the term of office,
1031the Financial Services Commission shall appoint a new executive
1032director in the same manner as the original appointment. The
1033Financial Services Commission may appoint an interim executive
1034director to serve until such time as a new executive director is
1035appointed.
1036     (3)  A person may not be appointed as executive director
1037until the Financial Services Commission determines that the
1038person satisfies the criteria set forth in s. 350.04(1) and
1039(2)(a) and possesses a minimum of 12 years of professional
1040experience in one or more of the fields identified in s.
1041350.04(2)(b).
1042     (4)  The salary of the executive director shall be set by
1043the Financial Services Commission.
1044     (5)  The executive director shall take and subscribe to the
1045oath of office required of state officers by the State
1046Constitution.
1047     (6)  In addition to the provisions of part III of chapter
1048112, applicable to the executive director by virtue of being a
1049public officer, the executive director shall be subject to the
1050standards of conduct applicable to commissioners pursuant to s.
1051350.041(2)(a), (b), (c), (d), (e), (g), (l), and (n). In the
1052event of a conflict between this section and part III of chapter
1053112, the more restrictive provision shall apply.
1054     Section 20.  Section 350.074, Florida Statutes, is created
1055to read:
1056     350.074  Office of Regulatory Staff; duties.-
1057     (1)  The Office of Regulatory Staff shall represent the
1058public interest with respect to matters within the jurisdiction
1059of the commission and, when considered necessary and in the
1060public interest by the executive director, shall petition the
1061commission to initiate proceedings on matters within its
1062jurisdiction. The office shall have authority to:
1063     (a)  Review and investigate the rates charged or proposed
1064to be charged, and the service furnished or proposed to be
1065furnished, by any public utility or regulated company.
1066     (b)  Inspect, audit, and examine public utilities and
1067regulated companies regarding matters within the jurisdiction of
1068the commission.
1069     (c)  Represent the public interest in commission
1070proceedings, hearings, rulemakings, and other regulatory
1071matters.
1072     (d)  Investigate complaints made in connection with matters
1073under the jurisdiction of the commission, including those
1074complaints that are directed to the commission or commissioners.
1075     (e)  Assist customers in the informal resolution of
1076complaints regarding the rates or service of public utilities
1077and regulated companies or regarding any other matter within the
1078jurisdiction of the commission.
1079     (f)  Make studies to the commission with respect to
1080standards, regulations, practices, or service of any public
1081utility or regulated company.
1082     (g)  Provide legal representation of the public interest
1083before other state agencies, federal agencies, and state and
1084federal courts in connection with matters under the jurisdiction
1085of the commission, including proceedings that could affect the
1086rates or service of any public utility or regulated company.
1087     (h)  Educate the public on matters within the jurisdiction
1088of the commission which are of special interest to consumers.
1089     (2)  The commission may not require the Office of
1090Regulatory Staff to sponsor witnesses or provide testimony in
1091any proceeding, but it may request in writing or at any duly
1092noticed public meeting that the office:
1093     (a)  Provide information and reports on any matter subject
1094to the commission's jurisdiction and matters incidental to the
1095jurisdiction of the commission;
1096     (b)  Assist in the preparation of any report that the
1097commission is required by law to produce; or
1098     (c)  Conduct inspections, audits, or examinations of public
1099utilities and regulated companies regarding matters within the
1100jurisdiction of the commission.
1101     (3)  Decisions relating to whether, when, or how to
1102petition to initiate proceedings before the commission or to
1103participate or intervene in proceedings before other state
1104agencies, federal agencies, or state or federal courts are in
1105the sole discretion of the executive director, except for those
1106matters that are specified by order of a court of competent
1107jurisdiction.
1108     (4)  The Office of Regulatory Staff is considered to have
1109an interest sufficient to maintain actions for judicial review
1110of commission orders or decisions and may, as of right and in a
1111manner prescribed by law, intervene or otherwise participate in
1112any civil proceeding which involves the review or enforcement of
1113commission action that the executive director determines may
1114substantially affect the public interest.
1115     (5)  The Office of Regulatory Staff shall provide to the
1116Legislature an annual report of its activities.
1117     (6)  The commission and the office shall establish mutually
1118acceptable procedures by which the office may elect not to
1119participate as a party in noncontroversial matters.
1120     Section 21.  Section 350.075, Florida Statutes, is created
1121to read:
1122     350.075  Office of Regulatory Staff; access to records.-The
1123Office of Regulatory Staff may access or require the production
1124of books, records, and information pursuant to ss. 364.183,
1125366.093, 367.156, and 368.108 and may access or require the
1126production of any other records as provided by law.
1127     Section 22.  Subsections (1), (2), and (6) of section
1128350.113, Florida Statutes, are amended to read:
1129     350.113  Florida Public Service Regulatory Trust Fund;
1130moneys to be deposited therein.-
1131     (1)  There is hereby created in the State Treasury a
1132special fund to be designated as the "Florida Public Service
1133Regulatory Trust Fund" which shall be used in the operation of
1134the commission and the Office of Regulatory Staff in the
1135performance of the various functions and duties required of them
1136it by law.
1137     (2)  All fees, licenses, and other charges collected by the
1138commission shall be deposited in the State Treasury to the
1139credit of the Florida Public Service Regulatory Trust Fund to be
1140used in the operation of the commission and the Office of
1141Regulatory Staff as authorized by the Legislature; however,
1142penalties and interest assessed and collected by the commission
1143shall not be deposited in the trust fund but shall be deposited
1144in the General Revenue Fund. The Florida Public Service
1145Regulatory Trust Fund shall be subject to the service charge
1146imposed pursuant to chapter 215.
1147     (6)  All moneys in the Florida Public Service Regulatory
1148Trust Fund shall be for the use of the commission and the Office
1149of Regulatory Staff in the performance of their its functions
1150and duties as provided by law, subject to the fiscal and
1151budgetary provisions of general law.
1152     Section 23.  Subsections (1) and (2) of section 350.117,
1153Florida Statutes, are amended to read:
1154     350.117  Reports; audits.-
1155     (1)  The commission and the Office of Regulatory Staff may
1156require such regular or emergency reports, including, but not
1157limited to, financial reports, as the commission or the office
1158deems necessary to fulfill its obligations under the law. A copy
1159of any report provided to the commission must be provided to the
1160Office of Regulatory Staff.
1161     (2)  The commission may request that the Office of
1162Regulatory Staff perform management and operation audits of any
1163regulated company. The commission may consider the results of
1164such audits in establishing rates; however, the company shall
1165not be denied due process as a result of the use of any such
1166management or operation audit.
1167     Section 24.  Section 350.121, Florida Statutes, is
1168repealed.
1169     Section 25.  Section 350.122, Florida Statutes, is created
1170to read:
1171     350.122  Testimony; public disclosure of affiliation.-
1172     (1)  Each person offering testimony at a meeting, workshop,
1173hearing, or other scheduled event of the commission shall
1174disclose any financial or fiduciary relationship with any party
1175to the proceedings at the time the testimony is provided to the
1176commission.
1177     (2)  The determination by the commission that a person has
1178knowingly violated this section constitutes agency action for
1179which a hearing may be sought under chapter 120.
1180     Section 26.  Section 364.016, Florida Statutes, is amended
1181to read:
1182     364.016  Travel costs.-The office commission has the
1183authority to assess a telecommunications company for reasonable
1184travel costs associated with reviewing the records of the
1185telecommunications company and its affiliates when such records
1186are kept out of state. The telecommunications company may bring
1187the records back into the state for review.
1188     Section 27.  Subsections (11) through (16) of section
1189364.02, Florida Statutes, are renumbered as subsections (12)
1190through (17), respectively, and a new subsection (11) is added
1191to that section to read:
1192     364.02  Definitions.-As used in this chapter, the term:
1193     (11)  "Office" means the Office of Regulatory Staff.
1194     Section 28.  Section 364.15, Florida Statutes, is amended
1195to read:
1196     364.15  Compelling repairs, improvements, changes,
1197additions, or extensions.-Whenever the commission finds, on its
1198own motion or upon petition or complaint, that repairs or
1199improvements to, or changes in, any telecommunications facility
1200ought reasonably to be made, or that any additions or extensions
1201should reasonably be made to any telecommunications facility, in
1202order to promote the security or convenience of the public or
1203employees or in order to secure adequate service or facilities
1204for basic local telecommunications services consistent with the
1205requirements set forth in this chapter, the commission shall
1206make and serve an order directing that such repairs,
1207improvements, changes, additions, or extensions be made in the
1208manner to be specified in the order. This section authorizes the
1209commission to impose only those requirements that it is
1210otherwise authorized to impose under this chapter.
1211     Section 29.  Subsections (1) and (2) of section 364.183,
1212Florida Statutes, are amended to read:
1213     364.183  Access to company records.-
1214     (1)  The commission and the office shall have access to all
1215records of a telecommunications company that are reasonably
1216necessary for the disposition of matters within the commission's
1217jurisdiction. The commission and the office shall also have
1218access to those records of a local exchange telecommunications
1219company's affiliated companies, including its parent company,
1220that are reasonably necessary for the disposition of any matter
1221concerning an affiliated transaction or a claim of
1222anticompetitive behavior including claims of cross-subsidization
1223and predatory pricing. Both the commission and the office may
1224require a telecommunications company to file records, reports or
1225other data directly related to matters within the commission's
1226jurisdiction in the form specified in the request by the
1227commission and may require such company to retain such
1228information for a designated period of time. Upon request of the
1229company or other person, any records received by the commission
1230or the office which are claimed by the company or other person
1231to be proprietary confidential business information shall be
1232kept confidential and shall be exempt from s. 119.07(1) and s.
123324(a), Art. I of the State Constitution. The authority of the
1234commission to access records under this section is granted
1235subject to the limitations set forth in s. 350.011(3) and (4).
1236     (2)  Discovery in any docket or proceeding before the
1237commission shall be in the manner provided for in Rule 1.280 of
1238the Florida Rules of Civil Procedure. Upon a showing by a
1239company or other person and a finding by the commission that
1240discovery will require the disclosure of proprietary
1241confidential business information, the commission shall issue an
1242appropriate protective order designating the manner for handling
1243such information during the course of the proceeding and for
1244protecting such information from disclosure outside the
1245proceeding. Such proprietary confidential business information
1246shall be exempt from s. 119.07(1). Any records provided pursuant
1247to a discovery request for which proprietary confidential
1248business information status is requested shall be treated by the
1249commission, the Office of Regulatory Staff, and the Office of
1250the Public Counsel, and any other party subject to the public
1251records law as confidential and shall be exempt from s.
1252119.07(1), pending a formal ruling on such request by the
1253commission or the return of the records to the person providing
1254the records. Any record which has been determined to be
1255proprietary confidential business information and is not entered
1256into the official record of the proceeding shall be returned to
1257the person providing the record within 60 days after the final
1258order, unless the final order is appealed. If the final order is
1259appealed, any such record shall be returned within 30 days after
1260the decision on appeal. The commission shall adopt the necessary
1261rules to implement this subsection.
1262     Section 30.  Section 364.185, Florida Statutes, is amended
1263to read:
1264     364.185  Investigations and inspections; power of office
1265commission.-The office commission or its duly authorized
1266representatives may during all reasonable hours enter upon any
1267premises occupied by any telecommunications company and may set
1268up and use thereon all necessary apparatus and appliances for
1269the purpose of making investigations, inspections, examinations,
1270and tests and exercising any power conferred by this chapter or
1271chapter 350; however, the telecommunications company shall be
1272notified of and be represented at the making of such
1273investigations, inspections, examinations, and tests. The
1274requirement to provide prior notification and representation
1275shall not be applicable to the onsite field inspection of
1276equipment used to provide telecommunications services to the
1277transient public, including the facilities of call aggregators.
1278     Section 31.  Subsections (2) and (4) of section 364.335,
1279Florida Statutes, are amended to read:
1280     364.335  Application for certificate.-
1281     (2)  If the commission grants the requested certificate,
1282any person who would be substantially affected by the requested
1283certification may, within 21 days after the granting of such
1284certificate, file a written objection requesting a proceeding
1285pursuant to ss. 120.569 and 120.57. The commission may, upon
1286petition of the office on its own motion, institute a proceeding
1287under ss. 120.569 and 120.57 to determine whether the grant of
1288such certificate is in the public interest. The commission shall
1289order such proceeding conducted in or near the territory applied
1290for, if feasible. If any person requests a public hearing on the
1291application, such hearing shall, if feasible, be held in or near
1292the territory applied for, and the transcript of the public
1293hearing and any material submitted at or prior to the hearing
1294shall be considered part of the record of the application and
1295any proceeding related to the application.
1296     (4)  Except as provided in s. 364.33, revocation,
1297suspension, transfer, or amendment of a certificate shall be
1298subject to the provisions of this section; except that, when the
1299commission institutes a proceeding upon petition of the office
1300initiates the action, the commission shall furnish notice to the
1301appropriate local government and to the Public Counsel.
1302     Section 32.  Subsection (10) of section 364.3376, Florida
1303Statutes, is amended to read:
1304     364.3376  Operator services.-
1305     (10)  The office commission shall conduct an effective
1306program of random, no-notice compliance investigations of the
1307operator services providers and call aggregators operating
1308within the state. When the office commission finds a blocking
1309violation, it shall notify the commission and provide
1310information to assist the commission in determining determine
1311whether the blocking is the responsibility of the call
1312aggregator or the operator services provider. The commission and
1313may fine the responsible party in accordance with s. 364.285.
1314Upon the failure of the responsible party to correct a violation
1315within a mandatory time limit established by the commission or
1316upon a proven pattern of intentional blocking, the commission
1317shall order the discontinuance of the call aggregator's
1318telephone service or revoke the operator services provider's
1319certificate, as applicable.
1320     Section 33.  Subsection (3) of section 364.3381, Florida
1321Statutes, is amended to read:
1322     364.3381  Cross-subsidization.-
1323     (3)  The commission shall have continuing oversight
1324jurisdiction over cross-subsidization, predatory pricing, or
1325other similar anticompetitive behavior and may investigate, upon
1326petition or complaint or on its own motion, allegations of such
1327practices.
1328     Section 34.  Section 364.37, Florida Statutes, is amended
1329to read:
1330     364.37  Controversy concerning territory to be served;
1331powers of commission.-If any person in constructing or extending
1332his or her telecommunications facility unreasonably interferes
1333or is about to unreasonably interfere with any
1334telecommunications facility or service of any other person, or
1335if a controversy arises between any two or more persons with
1336respect to the territory professed to be served by each, the
1337commission, upon petition of the office or on its own initiative
1338or on complaint of any person claiming to be adversely affected,
1339may make such order and prescribe such terms and conditions with
1340respect thereto as are just and reasonable.
1341     Section 35.  Subsection (4) is added to section 366.02,
1342Florida Statutes, to read:
1343     366.02  Definitions.-As used in this chapter:
1344     (4)  "Office" means the Office of Regulatory Staff.
1345     Section 36.  Subsections (6), (9), and (11) of section
1346366.05, Florida Statutes, are amended to read:
1347     366.05  Powers.-
1348     (6)  The commission or the office, if designated by the
1349commission to conduct testing, may purchase materials,
1350apparatus, and standard measuring instruments for such
1351examination and tests.
1352     (9)  Both the commission and the office may require the
1353filing of reports and other data by a public utility or its
1354affiliated companies, including its parent company, regarding
1355transactions, or allocations of common costs, among the utility
1356and such affiliated companies. Both the commission and the
1357office may also require such reports or other data necessary to
1358ensure that a utility's ratepayers do not subsidize nonutility
1359activities. The authority of the commission to access records
1360under this subsection is granted subject to the limitations set
1361forth in s. 350.011(3) and (4).
1362     (11)  The office may commission has the authority to assess
1363a public utility for reasonable travel costs associated with
1364reviewing the records of the public utility and its affiliates
1365when such records are kept out of state. The public utility may
1366bring the records back into the state for review.
1367     Section 37.  Subsections (2) and (3) of section 366.06,
1368Florida Statutes, are amended to read:
1369     366.06  Rates; procedure for fixing and changing.-
1370     (2)  Whenever the commission finds, upon request made or
1371upon its own motion, that the rates demanded, charged, or
1372collected by any public utility for public utility service, or
1373that the rules, regulations, or practices of any public utility
1374affecting such rates, are unjust, unreasonable, unjustly
1375discriminatory, or in violation of law; that such rates are
1376insufficient to yield reasonable compensation for the services
1377rendered; that such rates yield excessive compensation for
1378services rendered; or that such service is inadequate or cannot
1379be obtained, the commission shall order and hold a public
1380hearing, giving notice to the public and to the public utility,
1381and shall thereafter determine just and reasonable rates to be
1382thereafter charged for such service and promulgate rules and
1383regulations affecting equipment, facilities, and service to be
1384thereafter installed, furnished, and used.
1385     (3)  Pending a final order by the commission in any rate
1386proceeding under this section, the commission may withhold
1387consent to the operation of all or any portion of the new rate
1388schedules, delivering to the utility requesting such increase,
1389within 60 days, a reason or written statement of good cause for
1390withholding its consent. Such consent shall not be withheld for
1391a period longer than 8 months from the date of filing the new
1392schedules. The new rates or any portion not consented to shall
1393go into effect under bond or corporate undertaking at the end of
1394such period, but the commission shall, by order, require such
1395public utility to keep accurate account in detail of all amounts
1396received by reason of such increase, specifying by whom and in
1397whose behalf such amounts were paid and, upon completion of
1398hearing and final decision in such proceeding, shall by further
1399order require such public utility to refund with interest at a
1400fair rate, to be determined by the commission in such manner as
1401it may direct, such portion of the increased rate or charge as
1402by its decision shall be found not justified. Any portion of
1403such refund not thus refunded to patrons or customers of the
1404public utility shall be refunded or disposed of by the public
1405utility as the commission may direct; however, no such funds
1406shall accrue to the benefit of the public utility. The
1407commission shall take final commission action in the docket and
1408enter its final order within 12 months of the commencement date
1409for final agency action. As used in this subsection, the
1410"commencement date for final agency action" means the date upon
1411which it has been determined by the commission or its designee
1412that the utility has filed with the clerk the minimum filing
1413requirements as established by rule of the commission. Within 30
1414days after receipt of the application, rate request, or other
1415written document for which the commencement date for final
1416agency action is to be established, the commission or its
1417designee shall either determine the commencement date for final
1418agency action or issue a statement of deficiencies to the
1419applicant, specifically listing why said applicant has failed to
1420meet the minimum filing requirements. Such statement of
1421deficiencies shall be binding upon the commission to the extent
1422that, once the deficiencies in the statement are satisfied, the
1423commencement date for final agency action shall be promptly
1424established as provided herein. Thereafter, within 15 days after
1425the applicant indicates to the commission that it believes that
1426it has met the minimum filing requirements, the commission or
1427its designee shall either determine the commencement date for
1428final agency action or specifically enumerate in writing why the
1429requirements have not been met, in which case this procedure
1430shall be repeated until the commencement date for final agency
1431action is established. When the commission initiates a
1432proceeding upon a request made by a person other than the
1433utility, the commencement date for final agency action shall be
1434the date upon which the order initiating the proceeding is
1435issued.
1436     Section 38.  Section 366.07, Florida Statutes, is amended
1437to read:
1438     366.07  Rates; adjustment.-Whenever the commission, after
1439public hearing either upon petition of the office its own motion
1440or upon complaint, shall find the rates, rentals, charges or
1441classifications, or any of them, proposed, demanded, observed,
1442charged or collected by any public utility for any service, or
1443in connection therewith, or the rules, regulations,
1444measurements, practices or contracts, or any of them, relating
1445thereto, are unjust, unreasonable, insufficient, excessive, or
1446unjustly discriminatory or preferential, or in anywise in
1447violation of law, or any service is inadequate or cannot be
1448obtained, the commission shall determine and by order fix the
1449fair and reasonable rates, rentals, charges or classifications,
1450and reasonable rules, regulations, measurements, practices,
1451contracts or service, to be imposed, observed, furnished or
1452followed in the future.
1453     Section 39.  Subsections (1) and (3) of section 366.071,
1454Florida Statutes, are amended to read:
1455     366.071  Interim rates; procedure.-
1456     (1)  The commission may, during any proceeding for a change
1457of rates, upon its own motion, or upon petition from any party,
1458or by a tariff filing of a public utility, authorize the
1459collection of interim rates until the effective date of the
1460final order. Such interim rates may be based upon a test period
1461different from the test period used in the request for permanent
1462rate relief. To establish a prima facie entitlement for interim
1463relief, the commission, the petitioning party, or the public
1464utility shall demonstrate that the public utility is earning
1465outside the range of reasonableness on rate of return calculated
1466in accordance with subsection (5).
1467     (3)  In granting such relief, the commission may, in an
1468expedited hearing but within 60 days of the commencement of the
1469proceeding, upon petition or upon its own motion, preclude the
1470recovery of any extraordinary or imprudently incurred
1471expenditures or, for good cause shown, increase the amount of
1472the bond or corporate undertaking.
1473     Section 40.  Subsection (1) of section 366.076, Florida
1474Statutes, is amended to read:
1475     366.076  Limited proceedings; rules on subsequent
1476adjustments.-
1477     (1)  Upon petition or its own motion, the commission may
1478conduct a limited proceeding to consider and act upon any matter
1479within its jurisdiction, including any matter the resolution of
1480which requires a public utility to adjust its rates to consist
1481with the provisions of this chapter. The commission shall
1482determine the issues to be considered during such a proceeding
1483and may grant or deny any request to expand the scope of the
1484proceeding to include other matters.
1485     Section 41.  Section 366.08, Florida Statutes, is amended
1486to read:
1487     366.08  Investigations, inspections; power of office
1488commission.-The office commission or its duly authorized
1489representatives may during all reasonable hours enter upon any
1490premises occupied by any public utility and may set up and use
1491thereon all necessary apparatus and appliances for the purpose
1492of making investigations, inspections, examinations and tests
1493and exercising any power conferred by this chapter or chapter
1494350; however provided, such public utility shall have the right
1495to be notified of and be represented at the making of such
1496investigations, inspections, examinations and tests.
1497     Section 42.  Subsections (1) and (2) of section 366.093,
1498Florida Statutes, are amended to read:
1499     366.093  Public utility records; confidentiality.-
1500     (1)  The commission and the office shall continue to have
1501reasonable access to all public utility records and records of
1502the utility's affiliated companies, including its parent
1503company, regarding transactions or cost allocations among the
1504utility and such affiliated companies, and such records
1505necessary to ensure that a utility's ratepayers do not subsidize
1506nonutility activities. Upon request of the public utility or
1507other person, any records received by the commission or the
1508office which are shown and found by the commission to be
1509proprietary confidential business information shall be kept
1510confidential and shall be exempt from s. 119.07(1). The
1511authority of the commission to access records under this section
1512is granted subject to the limitations set forth in s. 350.011(3)
1513and (4).
1514     (2)  Discovery in any docket or proceeding before the
1515commission shall be in the manner provided for in Rule 1.280 of
1516the Florida Rules of Civil Procedure. Information which affects
1517a utility's rates or cost of service shall be considered
1518relevant for purposes of discovery in any docket or proceeding
1519where the utility's rates or cost of service are at issue. The
1520commission shall determine whether information requested in
1521discovery affects a utility's rates or cost of service. Upon a
1522showing by a utility or other person and a finding by the
1523commission that discovery will require the disclosure of
1524proprietary confidential business information, the commission
1525shall issue appropriate protective orders designating the manner
1526for handling such information during the course of the
1527proceeding and for protecting such information from disclosure
1528outside the proceeding. Such proprietary confidential business
1529information shall be exempt from s. 119.07(1). Any records
1530provided pursuant to a discovery request for which proprietary
1531confidential business information status is requested shall be
1532treated by the commission, the Office of Regulatory Staff, and
1533the office of the Public Counsel, and any other party subject to
1534the public records law as confidential and shall be exempt from
1535s. 119.07(1), pending a formal ruling on such request by the
1536commission or the return of the records to the person providing
1537the records. Any record which has been determined to be
1538proprietary confidential business information and is not entered
1539into the official record of the proceeding must be returned to
1540the person providing the record within 60 days after the final
1541order, unless the final order is appealed. If the final order is
1542appealed, any such record must be returned within 30 days after
1543the decision on appeal. The commission shall adopt the necessary
1544rules to implement this provision.
1545     Section 43.  Subsections (6) and (7) of section 366.82,
1546Florida Statutes, are amended to read:
1547     366.82  Definition; goals; plans; programs; annual reports;
1548energy audits.-
1549     (6)  The commission may change the goals upon a showing of
1550for reasonable cause. The time period to review the goals,
1551however, shall not exceed 5 years. After the programs and plans
1552to meet those goals are completed, the commission shall
1553determine what further goals, programs, or plans are warranted
1554and adopt them.
1555     (7)  Following adoption of goals pursuant to subsections
1556(2) and (3), the commission shall require each utility to
1557develop plans and programs to meet the overall goals within its
1558service area. Upon petition, the commission may require
1559modifications or additions to a utility's plans and programs at
1560any time it is shown to be in the public interest consistent
1561with this act. In approving plans and programs for cost
1562recovery, the commission shall have the flexibility to modify or
1563deny plans or programs that would have an undue impact on the
1564costs passed on to customers. If any plan or program includes
1565loans, collection of loans, or similar banking functions by a
1566utility and the plan is approved by the commission, the utility
1567shall perform such functions, notwithstanding any other
1568provision of the law. However, no utility shall be required to
1569loan its funds for the purpose of purchasing or otherwise
1570acquiring conservation measures or devices, but nothing herein
1571shall prohibit or impair the administration or implementation of
1572a utility plan as submitted by a utility and approved by the
1573commission under this subsection. If the commission disapproves
1574a plan, it shall specify the reasons for disapproval, and the
1575utility whose plan is disapproved shall resubmit its modified
1576plan within 30 days. Prior approval by the commission shall be
1577required to modify or discontinue a plan, or part thereof, which
1578has been approved. If any utility has not implemented its
1579programs and is not substantially in compliance with the
1580provisions of its approved plan at any time, the commission
1581shall adopt programs required for that utility to achieve the
1582overall goals. Utility programs may include variations in rate
1583design, load control, cogeneration, residential energy
1584conservation subsidy, or any other measure within the
1585jurisdiction of the commission which the commission finds likely
1586to be effective; this provision shall not be construed to
1587preclude these measures in any plan or program.
1588     Section 44.  Subsections (9) through (13) of section
1589367.021, Florida Statutes, are renumbered as subsections (10)
1590through (14), respectively, and a new subsection (9) is added to
1591that section to read:
1592     367.021  Definitions.-As used in this chapter, the
1593following words or terms shall have the meanings indicated:
1594     (9)  "Office" means the Office of Regulatory Staff.
1595     Section 45.  Paragraph (a) of subsection (1), paragraph (a)
1596of subsection (2), and subsections (4) and (6) of section
1597367.045, Florida Statutes, are amended to read:
1598     367.045  Certificate of authorization; application and
1599amendment procedures.-
1600     (1)  When a utility applies for an initial certificate of
1601authorization from the commission, it shall:
1602     (a)  Provide notice of the actual application filed by mail
1603or personal delivery to the governing body of the county or city
1604affected, to the Public Counsel, the office, to the commission,
1605and to such other persons and in such other manner as may be
1606prescribed by commission rule;
1607     (2)  A utility may not delete or extend its service outside
1608the area described in its certificate of authorization until it
1609has obtained an amended certificate of authorization from the
1610commission. When a utility applies for an amended certificate of
1611authorization from the commission, it shall:
1612     (a)  Provide notice of the actual application filed by mail
1613or personal delivery to the governing body of the county or
1614municipality affected, to the Public Counsel, the office, to the
1615commission, and to such other persons and in such other manner
1616as may be prescribed by commission rule;
1617     (4)  If, within 30 days after the last day that notice was
1618mailed or published by the applicant, whichever is later, the
1619commission receives from the Public Counsel, the office, a
1620governmental authority, or a utility or consumer who would be
1621substantially affected by the requested certification or
1622amendment a written objection requesting a proceeding pursuant
1623to ss. 120.569 and 120.57, the commission shall order such
1624proceeding conducted in or near the area for which application
1625is made, if feasible. Notwithstanding the ability to object on
1626any other ground, a county or municipality has standing to
1627object on the ground that the issuance or amendment of the
1628certificate of authorization violates established local
1629comprehensive plans developed pursuant to ss. 163.3161-163.3211.
1630If a consumer, utility, or governmental authority or the office
1631or Public Counsel requests a public hearing on the application,
1632such hearing must, if feasible, be held in or near the area for
1633which application is made; and the transcript of such hearing
1634and any material submitted at or before the hearing must be
1635considered as part of the record of the application and any
1636proceeding related thereto.
1637     (6)  The revocation, suspension, transfer, or amendment of
1638a certificate of authorization is subject to the provisions of
1639this section. The commission shall give 30 days' notice before
1640it initiates any such action upon petition of the office.
1641     Section 46.  Paragraph (a) of subsection (2) and paragraph
1642(a) of subsection (4) of section 367.081, Florida Statutes, are
1643amended to read:
1644     367.081  Rates; procedure for fixing and changing.-
1645     (2)(a)1.  The commission shall, either upon request or upon
1646its own motion, fix rates which are just, reasonable,
1647compensatory, and not unfairly discriminatory. In every such
1648proceeding, the commission shall consider the value and quality
1649of the service and the cost of providing the service, which
1650shall include, but not be limited to, debt interest; the
1651requirements of the utility for working capital; maintenance,
1652depreciation, tax, and operating expenses incurred in the
1653operation of all property used and useful in the public service;
1654and a fair return on the investment of the utility in property
1655used and useful in the public service. However, the commission
1656shall not allow the inclusion of contributions-in-aid-of-
1657construction in the rate base of any utility during a rate
1658proceeding, nor shall the commission impute prospective future
1659contributions-in-aid-of-construction against the utility's
1660investment in property used and useful in the public service;
1661and accumulated depreciation on such contributions-in-aid-of-
1662construction shall not be used to reduce the rate base, nor
1663shall depreciation on such contributed assets be considered a
1664cost of providing utility service.
1665     2.  For purposes of such proceedings, the commission shall
1666consider utility property, including land acquired or facilities
1667constructed or to be constructed within a reasonable time in the
1668future, not to exceed 24 months after the end of the historic
1669base year used to set final rates unless a longer period is
1670approved by the commission, to be used and useful in the public
1671service, if:
1672     a.  Such property is needed to serve current customers;
1673     b.  Such property is needed to serve customers 5 years
1674after the end of the test year used in the commission's final
1675order on a rate request as provided in subsection (6) at a
1676growth rate for equivalent residential connections not to exceed
16775 percent per year; or
1678     c.  Such property is needed to serve customers more than 5
1679full years after the end of the test year used in the
1680commission's final order on a rate request as provided in
1681subsection (6) only to the extent that the utility presents
1682clear and convincing evidence to justify such consideration.
1683
1684Notwithstanding the provisions of this paragraph, the commission
1685shall approve rates for service which allow a utility to recover
1686from customers the full amount of environmental compliance
1687costs. Such rates may not include charges for allowances for
1688funds prudently invested or similar charges. For purposes of
1689this requirement, the term "environmental compliance costs"
1690includes all reasonable expenses and fair return on any prudent
1691investment incurred by a utility in complying with the
1692requirements or conditions contained in any permitting,
1693enforcement, or similar decisions of the United States
1694Environmental Protection Agency, the Department of Environmental
1695Protection, a water management district, or any other
1696governmental entity with similar regulatory jurisdiction.
1697     (4)(a)  On or before March 31 of each year, the commission
1698by order shall establish a price increase or decrease index for
1699major categories of operating costs incurred by utilities
1700subject to its jurisdiction reflecting the percentage of
1701increase or decrease in such costs from the most recent 12-month
1702historical data available. The commission by rule shall
1703establish the procedure to be used in determining such indices
1704and a procedure by which a utility, without further action by
1705the commission, or the commission upon petition of the office on
1706its own motion, may implement an increase or decrease in its
1707rates based upon the application of the indices to the amount of
1708the major categories of operating costs incurred by the utility
1709during the immediately preceding calendar year, except to the
1710extent of any disallowances or adjustments for those expenses of
1711that utility in its most recent rate proceeding before the
1712commission. The rules shall provide that, upon a finding of good
1713cause, including inadequate service, the commission may order a
1714utility to refrain from implementing a rate increase hereunder
1715unless implemented under a bond or corporate undertaking in the
1716same manner as interim rates may be implemented under s.
1717367.082. A utility may not use this procedure between the
1718official filing date of the rate proceeding and 1 year
1719thereafter, unless the case is completed or terminated at an
1720earlier date. A utility may not use this procedure to increase
1721any operating cost for which an adjustment has been or could be
1722made under paragraph (b), or to increase its rates by
1723application of a price index other than the most recent price
1724index authorized by the commission at the time of filing.
1725     Section 47.  Subsections (1), (2), (4), (6), (8), and (10)
1726of section 367.0814, Florida Statutes, are amended to read:
1727     367.0814  Office of Regulatory Staff assistance in changing
1728rates and charges; interim rates.-
1729     (1)  The commission may establish rules by which a water or
1730wastewater utility whose gross annual revenues are $250,000 or
1731less may request and obtain staff assistance from the Office of
1732Regulatory Staff for the purpose of changing its rates and
1733charges. A utility may request such staff assistance by filing
1734an application with the commission. The gross annual revenue
1735level shall be adjusted on July 1, 2013, and every 5 years
1736thereafter, based on the most recent cumulative 5 years of the
1737price index established by the commission pursuant to s.
1738367.081(4)(a).
1739     (2)  The official date of filing is established as 30 days
1740after official acceptance by the office commission of the
1741application. If a utility does not remit a fee, as provided by
1742s. 367.145, within 30 days after acceptance, the commission may
1743deny the application. The commission has 15 months after the
1744official date of filing within which to issue a final order.
1745     (4)  The commission may, upon petition from the office or
1746its own motion, or upon petition from the regulated utility,
1747authorize the collection of interim rates until the effective
1748date of the final order. Such interim rates may be based upon a
1749test period different from the test period used in the request
1750for permanent rate relief. To establish interim relief, there
1751must be a demonstration that the operation and maintenance
1752expenses exceed the revenues of the regulated utility, and
1753interim rates shall not exceed the level necessary to cover
1754operation and maintenance expenses as defined by the Uniform
1755System of Accounts for Class C Water and Wastewater Utilities
1756(1996) of the National Association of Regulatory Utility
1757Commissioners.
1758     (6)  The utility, in requesting staff assistance from the
1759office, shall agree to accept the final rates and charges
1760approved by the commission unless the final rates and charges
1761produce less revenue than the existing rates and charges.
1762     (8)  If a utility becomes exempt from commission regulation
1763or jurisdiction during the pendency of a staff-assisted rate
1764case conducted pursuant to this section, the request for rate
1765relief is deemed to have been withdrawn. Interim rates, if
1766previously approved, shall become final. Temporary rates, if
1767previously approved, must be discontinued, and any money
1768collected pursuant to the temporary rates, or the difference
1769between temporary and interim rates, if previously approved,
1770must be refunded to the customers of the utility with interest.
1771     (10)  The commission shall submit to the President of the
1772Senate and the Speaker of the House of Representatives by
1773January 1, 2013, and every 5 years thereafter, a report of the
1774status of proceedings conducted under this section, including
1775the number of utilities eligible to request staff assistance
1776from the office, the number of proceedings conducted annually
1777for the most recent 5-year period, the associated impact on
1778commission and office resources, and any other information the
1779commission deems appropriate. The commission shall request from
1780the office any information necessary to complete this report.
1781     Section 48.  Subsection (6) of section 367.0817, Florida
1782Statutes, is amended to read:
1783     367.0817  Reuse projects.-
1784     (6)  After the reuse project is placed in service, the
1785commission, upon by petition or on its own motion, may initiate
1786a proceeding to true-up the costs of the reuse project and the
1787resulting rates.
1788     Section 49.  Subsections (1) and (3) of section 367.082,
1789Florida Statutes, are amended to read:
1790     367.082  Interim rates; procedure.-
1791     (1)  The commission may, during any proceeding for a change
1792of rates, upon its own motion, upon petition from any party, or
1793by a tariff filing of a utility or a regulated company,
1794authorize the collection of interim rates until the effective
1795date of the final order. Such interim rates may be based upon a
1796test period different from the test period used in the request
1797for permanent rate relief. Upon application by a utility, the
1798commission may use the projected test-year rate base when
1799determining the interim rates or revenues subject to refund. To
1800establish a prima facie entitlement for interim relief, the
1801commission, the petitioning party, the utility, or the regulated
1802company shall demonstrate that the utility or the regulated
1803company is earning outside the range of reasonableness on rate
1804of return calculated in accordance with subsection (5).
1805     (3)  In granting such relief, the commission may, in an
1806expedited hearing but within 60 days of the commencement of the
1807proceeding, upon petition or upon its own motion, preclude the
1808recovery of any extraordinary or imprudently incurred
1809expenditures or, for good cause shown, increase the amount of
1810the bond, escrow, letter of credit, or corporate undertaking.
1811     Section 50.  Subsection (1) of section 367.0822, Florida
1812Statutes, is amended to read:
1813     367.0822  Limited proceedings.-
1814     (1)  Upon petition or by its own motion, the commission may
1815conduct limited proceedings to consider, and act upon, any
1816matter within its jurisdiction, including any matter the
1817resolution of which requires a utility to adjust its rates. The
1818commission shall determine the issues to be considered during
1819such a proceeding and may grant or deny any request to expand
1820the scope of the proceeding to include other related matters.
1821However, unless the issue of rate of return is specifically
1822addressed in the limited proceeding, the commission shall not
1823adjust rates if the effect of the adjustment would be to change
1824the last authorized rate of return.
1825     Section 51.  Section 367.083, Florida Statutes, is amended
1826to read:
1827     367.083  Determination of official date of filing.-Within
182830 days after receipt of an application, rate request, or other
1829written document for which an official date of filing is to be
1830established, the commission or its designee shall either
1831determine the official date of filing or issue a statement of
1832deficiencies to the applicant, specifically listing why said
1833applicant has failed to meet the minimum filing requirements.
1834Such statement of deficiencies shall be binding upon the
1835commission to the extent that, once the deficiencies in the
1836statement are satisfied, the official date of filing shall be
1837promptly established as provided herein. Thereafter, within 20
1838days after the applicant indicates to the commission that it
1839believes that it has met the minimum filing requirements, the
1840commission or its designee shall either determine the official
1841date of filing or issue another statement of deficiencies,
1842specifically listing why the requirements have not been met, in
1843which case this procedure shall be repeated until the applicant
1844meets the minimum filing requirements and the official date of
1845filing is established. When the commission initiates a
1846proceeding upon request made by a person other than the utility,
1847the official date of filing shall be the date upon which the
1848order initiating the proceeding is issued.
1849     Section 52.  Subsection (1) of section 367.101, Florida
1850Statutes, is amended to read:
1851     367.101  Charges for service availability.-
1852     (1)  The commission shall set just and reasonable charges
1853and conditions for service availability. The commission by rule
1854may set standards for and levels of service-availability charges
1855and service-availability conditions. Such charges and conditions
1856shall be just and reasonable. The commission shall, upon request
1857or upon its own motion, direct the office to investigate
1858agreements or proposals for charges and conditions for service
1859availability and report the results to the commission.
1860     Section 53.  Paragraphs (i) and (k) of subsection (1) and
1861subsection (2) of section 367.121, Florida Statutes, are amended
1862to read:
1863     367.121  Powers of commission and office.-
1864     (1)  In the exercise of its jurisdiction, the commission
1865shall have power:
1866     (i)  To require the filing of reports and other data by a
1867public utility or its affiliated companies, including its parent
1868company, regarding transactions or allocations of common costs,
1869among the utility and such affiliated companies. The commission
1870may also require such reports or other data necessary to ensure
1871that a utility's ratepayers do not subsidize nonutility
1872activities. The authority of the commission to access records
1873under this paragraph is granted subject to the limitations set
1874forth in s. 350.011(3) and (4).
1875     (k)  To assess a utility for reasonable travel costs
1876associated with reviewing the records of the utility and its
1877affiliates when such records are kept out of state. The utility
1878may bring the records back into the state for review.
1879     (2)(a)  The office commission or its duly authorized
1880representatives may, during all reasonable hours, enter upon any
1881premises occupied by any utility and set up and use thereon any
1882necessary apparatus and appliance for the purpose of making
1883investigations, inspections, examinations, and tests and
1884exercising any power conferred by this chapter. Such utility
1885shall have the right to be notified of and be represented at the
1886making of such investigations, inspections, examinations, and
1887tests.
1888     (b)  The office may assess a utility for reasonable travel
1889costs associated with reviewing the records of the utility and
1890its affiliates when such records are kept out of state. The
1891utility may bring the records back into the state for review.
1892     Section 54.  Subsections (3) and (4) of section 367.122,
1893Florida Statutes, are amended to read:
1894     367.122  Examination and testing of meters.-
1895     (3)  The commission shall establish reasonable fees to be
1896paid for testing such meters on the request of the customers.
1897Current utility customers or users may, at their discretion, pay
1898the fee fixed by the commission at the time of the request or
1899have the utility include the fee with their next regularly
1900scheduled statement. However, the fee shall be paid by the
1901utility and repaid to the customer or user if the meter is found
1902defective or incorrect to the disadvantage of the customer or
1903user in excess of the degree or amount of tolerance customarily
1904allowed for such meters, or as may be provided for in rules and
1905regulations of the commission. No fee may be charged for any
1906such testing done by the commission or its representatives. The
1907commission may designate the office to conduct testing on its
1908behalf.
1909     (4)  The commission or the office, if designated by the
1910commission to conduct testing, may purchase materials,
1911apparatus, and standard measuring instruments for such
1912examinations and tests.
1913     Section 55.  Subsection (3) of section 367.145, Florida
1914Statutes, is amended to read:
1915     367.145  Regulatory assessment and application fees.-
1916     (3)  Fees collected by the commission pursuant to this
1917section may only be used to cover the cost of the commission and
1918the office in regulating water and wastewater systems. Fees
1919collected by the commission pursuant to chapters 364 and 366 may
1920not be used to pay the cost of regulating water and wastewater
1921systems.
1922     Section 56.  Subsections (1) and (2) of section 367.156,
1923Florida Statutes, are amended to read:
1924     367.156  Public utility records; confidentiality.-
1925     (1)  The commission and the office shall continue to have
1926reasonable access to all utility records and records of
1927affiliated companies, including its parent company, regarding
1928transactions or cost allocations among the utility and such
1929affiliated companies, and such records necessary to ensure that
1930a utility's ratepayers do not subsidize nonutility activities.
1931Upon request of the utility or any other person, any records
1932received by the commission or the office which are shown and
1933found by the commission to be proprietary confidential business
1934information shall be kept confidential and shall be exempt from
1935s. 119.07(1). The authority of the commission to access records
1936under this section is granted subject to the limitations set
1937forth in s. 350.011(3) and (4).
1938     (2)  Discovery in any docket or proceeding before the
1939commission shall be in the manner provided for in Rule 1.280 of
1940the Florida Rules of Civil Procedure. Information which affects
1941a utility's rates or cost of service shall be considered
1942relevant for purposes of discovery in any docket or proceeding
1943where the utility's rates or cost of service are at issue. The
1944commission shall determine whether information requested in
1945discovery affects a utility's rates or cost of service. Upon
1946showing by a utility or other person and a finding by the
1947commission that discovery will require the disclosure of
1948proprietary confidential business information, the commission
1949shall issue appropriate protective orders designating the manner
1950for handling such information during the course of the
1951proceeding and for protecting such information from disclosure
1952outside the proceeding. Such proprietary confidential business
1953information shall be exempt from s. 119.07(1). Any records
1954provided pursuant to a discovery request for which proprietary
1955confidential business information status is requested shall be
1956treated by the commission, the Office of Regulatory Staff, and
1957the Office of the Public Counsel, and any other party subject to
1958the public records act as confidential and shall be exempt from
1959s. 119.07(1), pending a formal ruling on such request by the
1960commission or the return of the records to the person providing
1961the records. Any record which has been determined to be
1962proprietary confidential business information and is not entered
1963into the official record of the proceeding must be returned to
1964the person providing the record within 60 days after the final
1965order, unless the final order is appealed. If the final order is
1966appealed, any such record must be returned within 30 days after
1967the decision on appeal. The commission shall adopt the necessary
1968rules to implement this provision.
1969     Section 57.  Subsection (5) of section 367.171, Florida
1970Statutes, is amended to read:
1971     367.171  Effectiveness of this chapter.-
1972     (5)  When a utility becomes subject to regulation by a
1973county, all cases in which the utility is a party then pending
1974before the commission, or in any court by appeal from any order
1975of the commission, shall remain within the jurisdiction of the
1976commission or court until disposed of in accordance with the law
1977in effect on the day such case was filed by any party with the
1978commission or initiated by the commission upon the petition of
1979any party, whether or not the parties or the subject of any such
1980case relates to a utility in a county wherein this chapter no
1981longer applies.
1982     Section 58.  Subsection (4) is added to section 368.05,
1983Florida Statutes, to read:
1984     368.05  Commission jurisdiction; rules.-
1985     (4)  The commission may not, on its own motion, initiate
1986any proceeding under this part. The authority of the commission
1987to access records under this section is granted subject to the
1988limitations set forth in s. 350.011(3) and (4).
1989     Section 59.  Subsections (2) and (3) of section 368.061,
1990Florida Statutes, are amended to read:
1991     368.061  Penalty.-
1992     (2)  Any such civil penalty may be compromised by the
1993commission commissioners. In determining the amount of such
1994penalty or the amount agreed upon in compromise, the
1995appropriateness of such penalty to the size of the business of
1996the person charged, the gravity of the violation, and the good
1997faith of the person charged in attempting to achieve compliance
1998after notification of a violation shall be considered. Each
1999penalty shall be a lien upon the real and personal property of
2000said persons and enforceable by the commission as statutory
2001liens under chapter 85, the proceeds of which shall be deposited
2002in the general revenue fund of the state.
2003     (3)  The commission commissioners may, upon petition at
2004their discretion, cause to be instituted in any court of
2005competent jurisdiction in this state proceedings for injunction
2006against any person subject to the provisions of this part to
2007compel the observance of the provisions of this part or any
2008rule, regulation, or requirement of the commission made
2009thereunder.
2010     Section 60.  Subsections (5) and (6) of section 368.103,
2011Florida Statutes, are renumbered as subsections (6) and (7),
2012respectively, and a new subsection (5) is added to that section
2013to read:
2014     368.103  Definitions.-As used in ss. 368.101-368.112, the
2015term:
2016     (5)  "Office" means the Office of Regulatory Staff.
2017     Section 61.  Subsection (2) of section 368.106, Florida
2018Statutes, is amended to read:
2019     368.106  Statement of intent to increase rates; major
2020changes; hearing; suspension of rate schedules; determination of
2021rate level.-
2022     (2)  Except when a rate is deemed just and reasonable
2023pursuant to s. 368.105(3), if there is filed with the commission
2024an initial rate, or a change or modification in any rate in
2025effect, the commission shall, on complaint by any person whose
2026substantial interests are affected by the rate, or may, upon
2027petition by the office on its own motion, at any time before
2028such rate would have taken effect, order a hearing pursuant to
2029ss. 120.569 and 120.57 to determine whether the rate is just and
2030reasonable.
2031     Section 62.  Section 368.107, Florida Statutes, is amended
2032to read:
2033     368.107  Unreasonable or violative existing rates and
2034services.-If the commission, after reasonable notice and
2035hearing, upon petition by the office on its own motion or
2036written complaint by any person who has a substantial interest,
2037finds that any rate or service filed with the commission,
2038including any rate filed pursuant to s. 368.105(3), whether or
2039not being demanded, observed, charged, or collected by any
2040natural gas transmission company for any service is unjust,
2041unreasonable, or unduly discriminatory or preferential, or in
2042any way in violation of any provision of law, the commission
2043shall determine the just and reasonable rates, including maximum
2044or minimum rates and services, to be thereafter observed and in
2045force, and shall fix the same by order to be served on the
2046natural gas transmission company. Those rates and services shall
2047constitute the legal rates and services of the natural gas
2048transmission company until changed as provided by ss. 368.101-
2049368.112.
2050     Section 63.  Subsections (1) and (2) of section 368.108,
2051Florida Statutes, are amended to read:
2052     368.108  Confidentiality; discovery.-
2053     (1)  The commission and the office shall continue to have
2054reasonable access to all natural gas transmission company
2055records and records of the natural gas transmission company's
2056affiliated companies, including its parent company, regarding
2057transactions or cost allocations among the natural gas
2058transmission company and such affiliated companies, and such
2059records necessary to ensure that a natural gas transmission
2060company's ratepayers do not subsidize unregulated activities.
2061Upon request of the natural gas transmission company or other
2062person, any records received by the commission or the office
2063which are shown and found by the commission to be proprietary
2064confidential business information shall be confidential and
2065exempt from s. 119.07(1). The authority of the commission to
2066access records under this section is granted subject to the
2067limitations set forth in s. 350.011(3) and (4).
2068     (2)  Discovery in any docket or proceeding before the
2069commission shall be in the manner provided for in Rule 1.280 of
2070the Florida Rules of Civil Procedure. Information which affects
2071a natural gas transmission company's rates or cost of service
2072shall be considered relevant for purposes of discovery in any
2073docket or proceeding where the natural gas transmission
2074company's rates or cost of service are at issue. The commission
2075shall determine whether information requested in discovery
2076affects a natural gas transmission company's rates or cost of
2077service. Upon a showing by a natural gas transmission company or
2078other person and a finding by the commission that discovery will
2079require the disclosure of proprietary confidential business
2080information, the commission shall issue appropriate protective
2081orders designating the manner for handling such information
2082during the course of the proceeding and for protecting such
2083information from disclosure outside the proceeding. Such
2084proprietary confidential business information shall be exempt
2085from s. 119.07(1). Any records provided pursuant to a discovery
2086request for which proprietary confidential business information
2087status is requested shall be treated by the commission, the
2088Office of Regulatory Staff, and the Office of the Public
2089Counsel, and any other party subject to the public records law
2090as confidential and shall be exempt from s. 119.07(1) pending a
2091formal ruling on such request by the commission or the return of
2092the records to the person providing the records. Any record
2093which has been determined to be proprietary confidential
2094business information and is not entered into the official record
2095of the proceeding must be returned to the person providing the
2096record within 60 days after the final order, unless the final
2097order is appealed. If the final order is appealed, any such
2098record must be returned within 30 days after the decision on
2099appeal. The commission shall adopt the necessary rules to
2100implement this provision.
2101     Section 64.  Section 368.1085, Florida Statutes, is amended
2102to read:
2103     368.1085  Travel costs.-The office commission has the
2104authority to assess a natural gas transmission company for
2105reasonable travel costs associated with reviewing the records of
2106the natural gas transmission company and its affiliates when
2107such records are kept out of state. The natural gas transmission
2108company may bring the records back into the state for review.
2109     Section 65.  Section 368.109, Florida Statutes, is amended
2110to read:
2111     368.109  Regulatory assessment fees.-Each natural gas
2112transmission company operating under ss. 368.101-368.112, for
2113all or any part of the preceding 6-month period, shall pay to
2114the commission, within 30 days following the end of each 6-month
2115period, a fee that may not exceed 0.25 percent annually of its
2116gross operating revenues derived from intrastate business
2117excluding sales for resales to natural gas transmission
2118companies, public utilities that supply gas, municipal gas
2119utilities, and gas districts. The fee shall, to the extent
2120practicable, be related to the cost of the commission and the
2121office in regulating such natural gas transmission companies.
2122     Section 66.  Subsection (1) of section 403.519, Florida
2123Statutes, is amended to read:
2124     403.519  Exclusive forum for determination of need.-
2125     (1)  On request by an applicant or upon petition by the
2126Office of Regulatory Staff on its own motion, the commission
2127shall begin a proceeding to determine the need for an electrical
2128power plant subject to the Florida Electrical Power Plant Siting
2129Act.
2130     Section 67.  Paragraph (a) of subsection (1) of section
2131403.537, Florida Statutes, is amended to read:
2132     403.537  Determination of need for transmission line;
2133powers and duties.-
2134     (1)(a)  Upon request by an applicant or upon petition by
2135the Office of Regulatory Staff its own motion, the Florida
2136Public Service Commission shall schedule a public hearing, after
2137notice, to determine the need for a transmission line regulated
2138by the Florida Electric Transmission Line Siting Act, ss.
2139403.52-403.5365. The notice shall be published at least 21 days
2140before the date set for the hearing and shall be published by
2141the applicant in at least one-quarter page size notice in
2142newspapers of general circulation, and by the commission in the
2143manner specified in chapter 120, by giving notice to counties
2144and regional planning councils in whose jurisdiction the
2145transmission line could be placed, and by giving notice to any
2146persons who have requested to be placed on the mailing list of
2147the commission for this purpose. Within 21 days after receipt of
2148a request for determination by an applicant, the commission
2149shall set a date for the hearing. The hearing shall be held
2150pursuant to s. 350.01 within 45 days after the filing of the
2151request, and a decision shall be rendered within 60 days after
2152such filing.
2153     Section 68.  Paragraph (a) of subsection (1) of section
2154403.9422, Florida Statutes, is amended to read:
2155     403.9422  Determination of need for natural gas
2156transmission pipeline; powers and duties.-
2157     (1)(a)  Upon request by an applicant or upon petition by
2158the Office of Regulatory Staff its own motion, the commission
2159shall schedule a public hearing, after notice, to determine the
2160need for a natural gas transmission pipeline regulated by ss.
2161403.9401-403.9425. Such notice shall be published at least 45
2162days before the date set for the hearing and shall be published
2163in at least one-quarter page size in newspapers of general
2164circulation and in the Florida Administrative Weekly, by giving
2165notice to counties and regional planning councils in whose
2166jurisdiction the natural gas transmission pipeline could be
2167placed, and by giving notice to any persons who have requested
2168to be placed on the mailing list of the commission for this
2169purpose. Within 21 days after receipt of a request for
2170determination by an applicant, the commission shall set a date
2171for the hearing. The hearing shall be held pursuant to s. 350.01
2172within 75 days after the filing of the request, and a decision
2173shall be rendered within 90 days after such filing.
2174     Section 69.  Subsection (6) of section 196.012, Florida
2175Statutes, is amended to read:
2176     196.012  Definitions.-For the purpose of this chapter, the
2177following terms are defined as follows, except where the context
2178clearly indicates otherwise:
2179     (6)  Governmental, municipal, or public purpose or function
2180shall be deemed to be served or performed when the lessee under
2181any leasehold interest created in property of the United States,
2182the state or any of its political subdivisions, or any
2183municipality, agency, special district, authority, or other
2184public body corporate of the state is demonstrated to perform a
2185function or serve a governmental purpose which could properly be
2186performed or served by an appropriate governmental unit or which
2187is demonstrated to perform a function or serve a purpose which
2188would otherwise be a valid subject for the allocation of public
2189funds. For purposes of the preceding sentence, an activity
2190undertaken by a lessee which is permitted under the terms of its
2191lease of real property designated as an aviation area on an
2192airport layout plan which has been approved by the Federal
2193Aviation Administration and which real property is used for the
2194administration, operation, business offices and activities
2195related specifically thereto in connection with the conduct of
2196an aircraft full service fixed base operation which provides
2197goods and services to the general aviation public in the
2198promotion of air commerce shall be deemed an activity which
2199serves a governmental, municipal, or public purpose or function.
2200Any activity undertaken by a lessee which is permitted under the
2201terms of its lease of real property designated as a public
2202airport as defined in s. 332.004(14) by municipalities,
2203agencies, special districts, authorities, or other public bodies
2204corporate and public bodies politic of the state, a spaceport as
2205defined in s. 331.303, or which is located in a deepwater port
2206identified in s. 403.021(9)(b) and owned by one of the foregoing
2207governmental units, subject to a leasehold or other possessory
2208interest of a nongovernmental lessee that is deemed to perform
2209an aviation, airport, aerospace, maritime, or port purpose or
2210operation shall be deemed an activity that serves a
2211governmental, municipal, or public purpose. The use by a lessee,
2212licensee, or management company of real property or a portion
2213thereof as a convention center, visitor center, sports facility
2214with permanent seating, concert hall, arena, stadium, park, or
2215beach is deemed a use that serves a governmental, municipal, or
2216public purpose or function when access to the property is open
2217to the general public with or without a charge for admission. If
2218property deeded to a municipality by the United States is
2219subject to a requirement that the Federal Government, through a
2220schedule established by the Secretary of the Interior, determine
2221that the property is being maintained for public historic
2222preservation, park, or recreational purposes and if those
2223conditions are not met the property will revert back to the
2224Federal Government, then such property shall be deemed to serve
2225a municipal or public purpose. The term "governmental purpose"
2226also includes a direct use of property on federal lands in
2227connection with the Federal Government's Space Exploration
2228Program or spaceport activities as defined in s. 212.02(22).
2229Real property and tangible personal property owned by the
2230Federal Government or Space Florida and used for defense and
2231space exploration purposes or which is put to a use in support
2232thereof shall be deemed to perform an essential national
2233governmental purpose and shall be exempt. "Owned by the lessee"
2234as used in this chapter does not include personal property,
2235buildings, or other real property improvements used for the
2236administration, operation, business offices and activities
2237related specifically thereto in connection with the conduct of
2238an aircraft full service fixed based operation which provides
2239goods and services to the general aviation public in the
2240promotion of air commerce provided that the real property is
2241designated as an aviation area on an airport layout plan
2242approved by the Federal Aviation Administration. For purposes of
2243determination of "ownership," buildings and other real property
2244improvements which will revert to the airport authority or other
2245governmental unit upon expiration of the term of the lease shall
2246be deemed "owned" by the governmental unit and not the lessee.
2247Providing two-way telecommunications services to the public for
2248hire by the use of a telecommunications facility, as defined in
2249s. 364.02(16)(15), and for which a certificate is required under
2250chapter 364 does not constitute an exempt use for purposes of s.
2251196.199, unless the telecommunications services are provided by
2252the operator of a public-use airport, as defined in s. 332.004,
2253for the operator's provision of telecommunications services for
2254the airport or its tenants, concessionaires, or licensees, or
2255unless the telecommunications services are provided by a public
2256hospital.
2257     Section 70.  Paragraph (b) of subsection (1) of section
2258199.183, Florida Statutes, is amended to read:
2259     199.183  Taxpayers exempt from nonrecurring taxes.-
2260     (1)  Intangible personal property owned by this state or
2261any of its political subdivisions or municipalities shall be
2262exempt from taxation under this chapter. This exemption does not
2263apply to:
2264     (b)  Property related to the provision of two-way
2265telecommunications services to the public for hire by the use of
2266a telecommunications facility, as defined in s. 364.02(16)(15),
2267and for which a certificate is required under
2268the service is provided by any county,
2269political subdivision of the state. Any
2270political subdivision of the state or other entity of local
2271government from taxation of the property used to provide
2272telecommunication services that is taxed as a result of this
2273paragraph is hereby waived. However, intangible personal
2274property related to the provision of telecommunications services
2275provided by the operator of a public-use airport, as defined in
2276s. 332.004, for the operator's provision of telecommunications
2277services for the airport or its tenants, concessionaires, or
2278licensees, and intangible personal property related to the
2279provision of telecommunications services provided by a public
2280hospital, are exempt from taxation under this chapter.
2281     Section 71.  Subsection (6) of section 212.08, Florida
2282Statutes, is amended to read:
2283     212.08  Sales, rental, use, consumption, distribution, and
2284storage tax; specified exemptions.-The sale at retail, the
2285rental, the use, the consumption, the distribution, and the
2286storage to be used or consumed in this state of the following
2287are hereby specifically exempt from the tax imposed by this
2288chapter.
2289     (6)  EXEMPTIONS; POLITICAL SUBDIVISIONS.-There are also
2290exempt from the tax imposed by this chapter sales made to the
2291United States Government, a state, or any county, municipality,
2292or political subdivision of a state when payment is made
2293directly to the dealer by the governmental entity. This
2294exemption shall not inure to any transaction otherwise taxable
2295under this chapter when payment is made by a government employee
2296by any means, including, but not limited to, cash, check, or
2297credit card when that employee is subsequently reimbursed by the
2298governmental entity. This exemption does not include sales of
2299tangible personal property made to contractors employed either
2300directly or as agents of any such government or political
2301subdivision thereof when such tangible personal property goes
2302into or becomes a part of public works owned by such government
2303or political subdivision. A determination whether a particular
2304transaction is properly characterized as an exempt sale to a
2305government entity or a taxable sale to a contractor shall be
2306based on the substance of the transaction rather than the form
2307in which the transaction is cast. The department shall adopt
2308rules that give special consideration to factors that govern the
2309status of the tangible personal property before its affixation
2310to real property. In developing these rules, assumption of the
2311risk of damage or loss is of paramount consideration in the
2312determination. This exemption does not include sales, rental,
2313use, consumption, or storage for use in any political
2314subdivision or municipality in this state of machines and
2315equipment and parts and accessories therefor used in the
2316generation, transmission, or distribution of electrical energy
2317by systems owned and operated by a political subdivision in this
2318state for transmission or distribution expansion. Likewise
2319exempt are charges for services rendered by radio and television
2320stations, including line charges, talent fees, or license fees
2321and charges for films, videotapes, and transcriptions used in
2322producing radio or television broadcasts. The exemption provided
2323in this subsection does not include sales, rental, use,
2324consumption, or storage for use in any political subdivision or
2325municipality in this state of machines and equipment and parts
2326and accessories therefor used in providing two-way
2327telecommunications services to the public for hire by the use of
2328a telecommunications facility, as defined in s. 364.02(16)(15),
2329and for which a certificate is required under chapter 364, which
2330facility is owned and operated by any county, municipality, or
2331other political subdivision of the state. Any immunity of any
2332political subdivision of the state or other entity of local
2333government from taxation of the property used to provide
2334telecommunication services that is taxed as a result of this
2335section is hereby waived. However, the exemption provided in
2336this subsection includes transactions taxable under this chapter
2337which are for use by the operator of a public-use airport, as
2338defined in s. 332.004, in providing such telecommunications
2339services for the airport or its tenants, concessionaires, or
2340licensees, or which are for use by a public hospital for the
2341provision of such telecommunications services.
2342     Section 72.  Paragraph (b) of subsection (2) of section
2343288.0655, Florida Statutes, is amended to read:
2344     288.0655  Rural Infrastructure Fund.-
2345     (2)
2346     (b)  To facilitate access of rural communities and rural
2347areas of critical economic concern as defined by the Rural
2348Economic Development Initiative to infrastructure funding
2349programs of the Federal Government, such as those offered by the
2350United States Department of Agriculture and the United States
2351Department of Commerce, and state programs, including those
2352offered by Rural Economic Development Initiative agencies, and
2353to facilitate local government or private infrastructure funding
2354efforts, the office may award grants for up to 30 percent of the
2355total infrastructure project cost. If an application for funding
2356is for a catalyst site, as defined in s. 288.0656, the office
2357may award grants for up to 40 percent of the total
2358infrastructure project cost. Eligible projects must be related
2359to specific job-creation or job-retention opportunities.
2360Eligible projects may also include improving any inadequate
2361infrastructure that has resulted in regulatory action that
2362prohibits economic or community growth or reducing the costs to
2363community users of proposed infrastructure improvements that
2364exceed such costs in comparable communities. Eligible uses of
2365funds shall include improvements to public infrastructure for
2366industrial or commercial sites and upgrades to or development of
2367public tourism infrastructure. Authorized infrastructure may
2368include the following public or public-private partnership
2369facilities: storm water systems; telecommunications facilities;
2370broadband facilities; roads or other remedies to transportation
2371impediments; nature-based tourism facilities; or other physical
2372requirements necessary to facilitate tourism, trade, and
2373economic development activities in the community. Authorized
2374infrastructure may also include publicly or privately owned
2375self-powered nature-based tourism facilities, publicly owned
2376telecommunications facilities, and broadband facilities, and
2377additions to the distribution facilities of the existing natural
2378gas utility as defined in s. 366.04(3)(c), the existing electric
2379utility as defined in s. 366.02, or the existing water or
2380wastewater utility as defined in s. 367.021(13)(12), or any
2381other existing water or wastewater facility, which owns a gas or
2382electric distribution system or a water or wastewater system in
2383this state where:
2384     1.  A contribution-in-aid of construction is required to
2385serve public or public-private partnership facilities under the
2386tariffs of any natural gas, electric, water, or wastewater
2387utility as defined herein; and
2388     2.  Such utilities as defined herein are willing and able
2389to provide such service.
2390     Section 73.  Subsection (8) of section 290.007, Florida
2391Statutes, is amended to read:
2392     290.007  State incentives available in enterprise zones.-
2393The following incentives are provided by the state to encourage
2394the revitalization of enterprise zones:
2395     (8)  Notwithstanding any law to the contrary, the Public
2396Service Commission may allow public utilities and
2397telecommunications companies to grant discounts of up to 50
2398percent on tariffed rates for services to small businesses
2399located in an enterprise zone designated pursuant to s.
2400290.0065. Such discounts may be granted for a period not to
2401exceed 5 years. For purposes of this subsection, the term
2402"public utility" has the same meaning as in s. 366.02(1) and the
2403term "telecommunications company" has the same meaning as in s.
2404364.02(15)(14).
2405     Section 74.  Subsection (4) of section 364.602, Florida
2406Statutes, is amended to read:
2407     364.602  Definitions.-For purposes of this part:
2408     (4)  "Originating party" means any person, firm,
2409corporation, or other entity, including a telecommunications
2410company or a billing clearinghouse, that provides any
2411telecommunications service or information service to a customer
2412or bills a customer through a billing party, except the term
2413"originating party" does not include any entity specifically
2414exempted from the definition of "telecommunications company" as
2415provided in s. 364.02(15)(14).
2416     Section 75.  Subsection (5) of section 489.103, Florida
2417Statutes, is amended to read:
2418     489.103  Exemptions.-This part does not apply to:
2419     (5)  Public utilities, including special gas districts as
2420defined in chapter 189, telecommunications companies as defined
2421in s. 364.02(15)(14), and natural gas transmission companies as
2422defined in s. 368.103(4), on construction, maintenance, and
2423development work performed by their employees, which work,
2424including, but not limited to, work on bridges, roads, streets,
2425highways, or railroads, is incidental to their business. The
2426board shall define, by rule, the term "incidental to their
2427business" for purposes of this subsection.
2428     Section 76.  Section 624.105, Florida Statutes, is amended
2429to read:
2430     624.105  Waiver of customer liability.-Any regulated
2431company as defined in s. 350.111, any electric utility as
2432defined in s. 366.02(2), any utility as defined in s.
2433367.021(13)(12) or s. 367.022(2) and (7), and any provider of
2434communications services as defined in s. 202.11(2) may charge
2435for and include an optional waiver of liability provision in
2436their customer contracts under which the entity agrees to waive
2437all or a portion of the customer's liability for service from
2438the entity for a defined period in the event of the customer's
2439call to active military service, death, disability, involuntary
2440unemployment, qualification for family leave, or similar
2441qualifying event or condition. Such provisions may not be
2442effective in the customer's contract with the entity unless
2443affirmatively elected by the customer. No such provision shall
2444constitute insurance so long as the provision is a contract
2445between the entity and its customer.
2446     Section 77.  This act shall take effect October 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.