CS/HB 7211

1
A bill to be entitled
2An act relating to organization and standards of the
3Public Service Commission; amending s. 20.055, F.S.,
4relating to agency inspectors general; revising the
5definition of the term "agency head"; amending s. 112.324,
6F.S.; revising provisions for disposition of ethics
7complaints against the Public Counsel and employees of the
8Public Counsel; amending s. 350.001, F.S.; revising
9legislative intent; repealing s. 350.012, F.S., relating
10to the creation, organization, and duties of the Committee
11on Public Counsel Oversight; amending s. 350.031, F.S.,
12relating to terms of members of the Florida Public Service
13Commission Nominating Council; removing obsolete language;
14creating s. 350.035, F.S.; prohibiting attempts by certain
15persons to sway the judgment of the commission by bringing
16pressure to bear on certain persons; providing for the
17Commission on Ethics to receive and investigate complaints
18of violations pursuant to specified provisions;
19prohibiting commissioners from requiring or demanding that
20certain commission staff pursue particular positions or
21courses of action; requiring the inspector general of the
22commission to receive and investigate complaints of
23violations; amending s. 350.04, F.S.; requiring
24commissioners to complete a course of study developed by
25the executive director and general counsel; requiring
26commissioners to complete continuing professional
27education; providing training requirements for
28commissioners and commission employees; requiring
29certifications of compliance to be provided to the
30Legislature; amending s. 350.041, F.S.; revising
31legislative intent; revising standards of conduct for
32commissioners; revising provisions for investigation and
33reports of alleged violations; authorizing commission
34employees to request opinions from the Commission on
35Ethics; amending s. 350.042, F.S.; revising provisions for
36communications concerning agency proceedings; providing
37for application of such provisions to members of a
38commissioner's direct staff; revising restrictions on such
39communications by commissioners and members of their
40direct staff; defining the term "ex parte communication";
41providing a civil penalty; amending s. 350.06, F.S.;
42revising provisions for the offices of the commission,
43payment of moneys, and employment of personnel;
44establishing the executive director as the agency head for
45certain purposes; amending s. 350.061, F.S.; providing for
46appointment of the Public Counsel by, and service of the
47Public Counsel at the pleasure of, the Attorney General;
48amending ss. 350.0613 and 350.0614, F.S.; providing powers
49and duties of the Attorney General regarding the Public
50Counsel and his or her employees to conform provisions to
51the transfer of the Office of Public Counsel; transferring
52the Office of Public Counsel from the legislative branch
53to the Office of the Attorney General; repealing s.
54350.121, F.S.; relating to commission inquiries; creating
55s. 350.122, F.S.; requiring persons testifying before the
56Public Service Commission to disclose certain financial
57and fiduciary relationships; providing that a
58determination by the commission that a violation occurred
59constitutes agency action for which a hearing may be
60sought; providing an effective date.
61
62Be It Enacted by the Legislature of the State of Florida:
63
64     Section 1.  Paragraph (b) of subsection (1) of section
6520.055, Florida Statutes, is amended to read:
66     20.055  Agency inspectors general.-
67     (1)  For the purposes of this section:
68     (b)  "Agency head" means the Governor, a Cabinet officer, a
69secretary as defined in s. 20.03(5), or an executive director as
70defined in s. 20.03(6). It also includes the chair of the Public
71Service Commission, the Director of the Office of Insurance
72Regulation of the Financial Services Commission, the Director of
73the Office of Financial Regulation of the Financial Services
74Commission, and the Chief Justice of the State Supreme Court.
75     Section 2.  Paragraphs (a) and (c) of subsection (8) of
76section 112.324, Florida Statutes, are amended to read:
77     112.324  Procedures on complaints of violations; public
78records and meeting exemptions.-
79     (8)  If, in cases pertaining to complaints other than
80complaints against impeachable officers or members of the
81Legislature, upon completion of a full and final investigation
82by the commission, the commission finds that there has been a
83violation of this part or of s. 8, Art. II of the State
84Constitution, it shall be the duty of the commission to report
85its findings and recommend appropriate action to the proper
86disciplinary official or body as follows, and such official or
87body shall have the power to invoke the penalty provisions of
88this part, including the power to order the appropriate
89elections official to remove a candidate from the ballot for a
90violation of s. 112.3145 or s. 8(a) and (i), Art. II of the
91State Constitution:
92     (a)  The President of the Senate and the Speaker of the
93House of Representatives, jointly, in any case concerning the
94Public Counsel, members of the Public Service Commission,
95members of the Public Service Commission Nominating Council, the
96Auditor General, the director of the Office of Program Policy
97Analysis and Government Accountability, or members of the
98Legislative Committee on Intergovernmental Relations.
99     (c)  The President of the Senate, in any case concerning an
100employee of the Senate; the Speaker of the House of
101Representatives, in any case concerning an employee of the House
102of Representatives; or the President and the Speaker, jointly,
103in any case concerning an employee of a committee of the
104Legislature whose members are appointed solely by the President
105and the Speaker or in any case concerning an employee of the
106Public Counsel, Public Service Commission, Auditor General,
107Office of Program Policy Analysis and Government Accountability,
108or Legislative Committee on Intergovernmental Relations.
109     Section 3.  Section 350.001, Florida Statutes, is amended
110to read:
111     350.001  Legislative intent.-
112     (1)  The Florida Public Service Commission has been and
113shall continue to be an arm of the legislative branch of
114government. In the exercise of its jurisdiction, the commission
115may not establish or implement any regulatory policy that is
116contrary to, or is an expansion of, the authority granted to it
117by the Legislature.
118     (2)  The Public Service Commission shall perform its duties
119independently, impartially, professionally, honorably, and
120without undue influence from any person, pursuant to s. 350.041.
121     (3)  It is the desire of the Legislature that the Governor
122participate in the appointment process of commissioners to the
123Public Service Commission. The Legislature accordingly delegates
124to the Governor a limited authority with respect to the Public
125Service Commission by authorizing him or her to participate in
126the selection of members only in the manner prescribed by s.
127350.031.
128     Section 4.  Section 350.012, Florida Statutes, is repealed.
129     Section 5.  Paragraphs (b) and (d) of subsection (1) of
130section 350.031, Florida Statutes, are amended to read:
131     350.031  Florida Public Service Commission Nominating
132Council.-
133     (1)
134     (b)  All terms shall be for 4 years except those members of
135the House and Senate, who shall serve 2-year terms concurrent
136with the 2-year elected terms of House members. All terms of the
137members of the Public Service Commission Nominating Council
138existing on June 30, 2008, shall terminate upon the effective
139date of this act; however, such members may serve an additional
140term if reappointed by the Speaker of the House of
141Representatives or the President of the Senate. To establish
142staggered terms, appointments of members shall be made for
143initial terms to begin on July 1, 2008, with each appointing
144officer to appoint three legislator members, one of whom shall
145be a member of the minority party, to terms through the
146remainder of the 2-year elected terms of House members; one
147nonlegislator member to a 6-month term; one nonlegislator member
148to an 18-month term; and one nonlegislator member to a 42-month
149term. Thereafter, the terms of the nonlegislator members of the
150Public Service Commission Nominating Council shall begin on
151January 2 of the year the term commences and end 4 years later
152on January 1.
153     (d)  Vacancies on the council shall be filled for the
154unexpired portion of the term in the same manner as original
155appointments to the council. A member may not be reappointed to
156the council, except for a member of the House of Representatives
157or the Senate who may be appointed to two 2-year terms, members
158who are reappointed pursuant to paragraph (b), or a person who
159is appointed to fill the remaining portion of an unexpired term.
160     Section 6.  Section 350.035, Florida Statutes, is created
161to read:
162     350.035  Prohibited influence on commissioners and
163commission staff.-
164     (1)(a)  Neither the Governor, the President of the Senate,
165the Speaker of the House of Representatives, nor a member of the
166Public Service Commission Nominating Council may attempt to sway
167the independent judgment of the commission by bringing pressure
168to bear upon a commissioner, an applicant to fill a vacancy on
169the commission, or a commission employee by threat or offer of
170reward in relation to the nomination, appointment, or
171confirmation of a commissioner.
172     (b)  The Commission on Ethics shall receive and investigate
173sworn complaints of violations of this subsection pursuant to
174ss. 112.322-112.3241.
175     (2)(a)  To ensure that each commissioner, as a member of a
176collegial body, is afforded the benefit of unbiased and
177independent analysis and advice from its professional and
178technical staff, an individual commissioner may not demand or
179require any member of the commission staff, other than the
180commissioner's direct staff, to develop, present, or pursue a
181particular opinion, position, or course of action in relation to
182any substantive matter pending before the commission or a panel
183of commissioners. This paragraph does not prohibit the
184commission, as a collegial body, from directing its staff to
185pursue a course of action consistent with direction provided by
186the collegial body. Further, this paragraph is not intended to
187prohibit an individual commissioner from any otherwise lawful
188communication with commission staff, including any expression of
189opinion, position, or concern regarding a matter within the
190jurisdiction of the commission. A violation of this subsection
191is an act of malfeasance for purposes of ss. 112.3187-112.31895.
192     (b)  The inspector general of the commission shall receive
193and investigate complaints of violations of this subsection.
194     Section 7.  Section 350.04, Florida Statutes, is amended to
195read:
196     350.04  Qualifications of commissioners; training and
197continuing education.-
198     (1)  A commissioner may not, at the time of appointment or
199during his or her term of office:
200     (a)(1)  Have any financial interest, other than ownership
201of shares in a mutual fund, in any business entity which, either
202directly or indirectly, owns or controls any public utility
203regulated by the commission, in any public utility regulated by
204the commission, or in any business entity which, either directly
205or indirectly, is an affiliate or subsidiary of any public
206utility regulated by the commission.
207     (b)(2)  Be employed by or engaged in any business activity
208with any business entity which, either directly or indirectly,
209owns or controls any public utility regulated by the commission,
210by any public utility regulated by the commission, or by any
211business entity which, either directly or indirectly, is an
212affiliate or subsidiary of any public utility regulated by the
213commission.
214     (2)  Before voting on any matter before the commission,
215each person appointed to the commission after July 1, 2011, must
216complete a comprehensive course of study that is developed by
217the commission's executive director and general counsel in
218coordination with the National Association of Regulatory Utility
219Commissioners Subcommittee on Education and Research and that
220addresses the substantive matters within the jurisdiction of the
221commission, administrative law applicable to commission
222proceedings, and standards of conduct applicable to
223commissioners.
224     (3)  Each commissioner must annually complete no less than
22510 hours of continuing professional education directly related
226to substantive matters within the jurisdiction of the
227commission.
228     (4)  At least once every 12 months, each commissioner and
229commission employee must receive training, in a form developed
230by the commission's executive director and general counsel,
231which addresses the ethical standards of conduct applicable to
232commissioners and the commission's staff.
233     (5)  The chair of the commission shall certify the
234commission's compliance with the requirements provided in this
235section, and each commissioner shall certify his or her
236individual compliance with the continuing professional education
237requirements provided in subsection (3). Each certification of
238compliance shall be provided to the President of the Senate and
239the Speaker of the House of Representatives.
240     Section 8.  Section 350.041, Florida Statutes, is amended
241to read:
242     350.041  Commissioners; standards of conduct.-
243     (1)  STATEMENT OF INTENT.-
244     (a)  Professional, impartial, and honorable commissioners
245are indispensable to the effective performance of the
246commission's duties. A commissioner shall maintain high
247standards of conduct and shall personally observe those
248standards so that the integrity and impartiality of the
249commission may be preserved. The standards of conduct provided
250in this section should be construed and applied to further that
251objective.
252     (b)  In addition to the provisions of part III of chapter
253112, which are applicable to public service commissioners by
254virtue of their being public officers and full-time employees of
255the legislative branch of government, the conduct of public
256service commissioners shall be governed by the standards of
257conduct provided in this section. Nothing shall prohibit the
258standards of conduct from being more restrictive than part III
259of chapter 112. Further, this section shall not be construed to
260contravene the restrictions of part III of chapter 112. In the
261event of a conflict between this section and part III of chapter
262112, the more restrictive provision shall apply.
263     (2)  STANDARDS OF CONDUCT.-
264     (a)  A commissioner may not accept anything from any
265business entity which, either directly or indirectly, owns or
266controls any public utility regulated by the commission, from
267any public utility regulated by the commission, or from any
268business entity which, either directly or indirectly, is an
269affiliate or subsidiary of any public utility regulated by the
270commission. A commissioner may attend conferences and associated
271meals and events that are generally available to all conference
272participants without payment of any fees in addition to the
273conference fee. Additionally, while attending a conference, a
274commissioner may attend meetings, meals, or events that are not
275sponsored, in whole or in part, by any representative of any
276public utility regulated by the commission and that are limited
277to commissioners only, committee members, or speakers if the
278commissioner is a member of a committee of the association of
279regulatory agencies that organized the conference or is a
280speaker at the conference. It is not a violation of this
281paragraph for a commissioner to attend a conference for which
282conference participants who are employed by a utility regulated
283by the commission have paid a higher conference registration fee
284than the commissioner, or to attend a meal or event that is
285generally available to all conference participants without
286payment of any fees in addition to the conference fee and that
287is sponsored, in whole or in part, by a utility regulated by the
288commission. If, during the course of an investigation by the
289Commission on Ethics into an alleged violation of this
290paragraph, allegations are made as to the identity of the person
291giving or providing the prohibited gift, that person must be
292given notice and an opportunity to participate in the
293investigation and relevant proceedings to present a defense. If
294the Commission on Ethics determines that the person gave or
295provided a prohibited gift, the person may not appear before the
296commission or otherwise represent anyone before the commission
297for a period of 2 years.
298     (b)  A commissioner may not accept any form of employment
299with or engage in any business activity with any business entity
300which, either directly or indirectly, owns or controls any
301public utility regulated by the commission, any public utility
302regulated by the commission, or any business entity which,
303either directly or indirectly, is an affiliate or subsidiary of
304any public utility regulated by the commission.
305     (c)  A commissioner may not have any financial interest,
306other than shares in a mutual fund, in any public utility
307regulated by the commission, in any business entity which,
308either directly or indirectly, owns or controls any public
309utility regulated by the commission, or in any business entity
310which, either directly or indirectly, is an affiliate or
311subsidiary of any public utility regulated by the commission. If
312a commissioner acquires any financial interest prohibited by
313this section during his or her term of office as a result of
314events or actions beyond the commissioner's control, he or she
315shall immediately sell such financial interest or place such
316financial interest in a blind trust at a financial institution.
317A commissioner may not attempt to influence, or exercise any
318control over, decisions regarding the blind trust.
319     (d)  A commissioner may not accept anything from a party in
320a proceeding currently pending before the commission. If, during
321the course of an investigation by the Commission on Ethics into
322an alleged violation of this paragraph, allegations are made as
323to the identity of the person giving or providing the prohibited
324gift, that person must be given notice and an opportunity to
325participate in the investigation and relevant proceedings to
326present a defense. If the Commission on Ethics determines that
327the person gave or provided a prohibited gift, the person may
328not appear before the commission or otherwise represent anyone
329before the commission for a period of 2 years.
330     (e)  A commissioner may not serve as the representative of
331any political party or on any executive committee or other
332governing body of a political party; serve as an executive
333officer or employee of any political party, committee,
334organization, or association; receive remuneration for
335activities on behalf of any candidate for public office; engage
336on behalf of any candidate for public office in the solicitation
337of votes or other activities on behalf of such candidacy; or
338become a candidate for election to any public office without
339first resigning from office.
340     (f)  A commissioner, during his or her term of office, may
341not make any public comment regarding the merits of any
342proceeding under ss. 120.569 and 120.57 currently pending before
343the commission.
344     (g)  A commissioner may not conduct himself or herself in
345an unprofessional manner at any time during the performance of
346his or her official duties.
347     (h)  The commission chair shall require order and decorum
348in proceedings before the commission. In the absence of the
349chair, the commissioner presiding over a commission proceeding
350shall require order and decorum in the proceeding.
351     (i)  A commissioner shall be patient, dignified, and
352courteous to litigants, other commissioners, witnesses, lawyers,
353commission staff, and others with whom the commissioner deals in
354an official capacity.
355     (j)  A commissioner shall perform his or her official
356duties without bias or prejudice. A commissioner may not, in the
357performance of his or her official duties, by words or conduct
358manifest bias or prejudice.
359     (k)  A commissioner may not, with respect to parties or
360classes of parties, cases, controversies, or issues likely to
361come before the commission, make pledges, promises, or
362commitments that are inconsistent with the impartial performance
363of the commissioner's official duties.
364     (l)  A commissioner may not be swayed by partisan
365interests, public clamor, or fear of criticism.
366     (m)(h)  A commissioner must avoid impropriety in all of his
367or her activities and must act at all times in a manner that
368promotes public confidence in the integrity and impartiality of
369the commission.
370     (n)(i)  A commissioner may not directly or indirectly,
371through staff or other means, solicit anything of value from any
372public utility regulated by the commission, or from any business
373entity that, whether directly or indirectly, is an affiliate or
374subsidiary of any public utility regulated by the commission, or
375from any party appearing in a proceeding considered by the
376commission in the last 2 years.
377     (3)  INVESTIGATIONS; REPORTS; ADVISORY OPINIONS.-
378     (a)  The Commission on Ethics shall accept and investigate
379any alleged violations of this section pursuant to the
380procedures contained in ss. 112.322-112.3241.
381     (b)  The Commission on Ethics shall provide the Governor
382and the Florida Public Service Commission Nominating Council
383with a report of its findings and recommendations with respect
384to alleged violations by a public service commissioner. The
385Governor is authorized to enforce such the findings and
386recommendations of the Commission on Ethics, pursuant to part
387III of chapter 112.
388     (c)  A public service commissioner, a commission employee,
389or a member of the Florida Public Service Commission Nominating
390Council may request an advisory opinion from the Commission on
391Ethics, pursuant to s. 112.322(3)(a), regarding the standards of
392conduct or prohibitions set forth in this section and ss.
393350.031, 350.04, and 350.042.
394     Section 9.  Section 350.042, Florida Statutes, is amended
395to read:
396     350.042  Ex parte communications.-
397     (1)  Each A commissioner and member of a commissioner's
398direct staff shall should accord to every person who is a party
399to or registered with the commission as an interested person in
400a proposed agency action proceeding or a party to a proceeding
401under s. 120.565, s. 120.569, or s. 120.57 legally interested in
402a proceeding, or the person's lawyer, full right to be heard
403according to law, and, except as authorized by law, shall not
404neither initiate, solicit, or nor consider ex parte
405communications concerning a pending proposed agency action the
406merits, threat, or offer of reward in any proceeding or a
407proceeding under s. 120.565, s. 120.569, or s. 120.57 other than
408a proceeding under s. 120.54 or s. 120.565, workshops, or
409internal affairs meetings. No individual shall discuss ex parte
410with a commissioner or a member of a commissioner's direct staff
411the merits of any issue that he or she reasonably foresees knows
412will be filed with the commission within 90 days. The provisions
413of this subsection shall not apply to commission staff other
414than members of a commissioner's direct staff.
415     (a)  As used in this section, the term "ex parte
416communication" means any communication that:
417     1.  If it is a written or printed communication or a
418communication in electronic form, is not served on all parties
419to a proceeding; or
420     2.  If it is an oral communication, is made without
421adequate notice to the parties and without an opportunity for
422the parties to be present and heard.
423     (b)  When circumstances require, ex parte communications
424concerning scheduling, administrative purposes, or emergencies
425that do not deal with substantive matters or issues on the
426merits are authorized, if:
427     1.  The commissioner or member of a commissioner's direct
428staff reasonably believes that no party will gain a procedural
429or tactical advantage as a result of the ex parte communication;
430and
431     2.  The commissioner or member of a commissioner's direct
432staff makes provision promptly to notify all parties of the
433substance of the ex parte communication and, if possible, allows
434all parties an opportunity to respond.
435     (2)  The provisions of this section shall not prohibit an
436individual residential ratepayer from communicating with a
437commissioner or member of a commissioner's direct staff,
438provided that the ratepayer is representing only himself or
439herself, without compensation.
440     (3)  This section shall not apply to oral communications or
441discussions in scheduled and noticed open public meetings of
442educational programs or of a conference or other meeting of an
443association of regulatory agencies.
444     (4)  If a commissioner or member of a commissioner's direct
445staff knowingly receives an ex parte communication prohibited by
446this section relative to a proceeding other than as set forth in
447subsection (1), to which he or she is assigned, he or she must
448place on the record of the proceeding copies of all written
449communications received, all written responses to the
450communications, and a memorandum stating the substance of all
451oral communications received and all oral responses made, and
452shall give written notice to all parties to the communication
453that such matters have been placed on the record. Any party to
454the proceeding who desires to respond to the an ex parte
455communication may do so. The response must be received by the
456commission within 10 days after receiving notice that the ex
457parte communication has been placed on the record. The
458commissioner may, if he or she deems it necessary to eliminate
459the effect of an ex parte communication received by him or her,
460withdraw from the proceeding, in which case the chair shall
461substitute another commissioner for the proceeding.
462     (5)  Any individual who makes an ex parte communication
463prohibited by this section shall submit to the commission a
464written statement describing the nature of such communication,
465to include the name of the person making the communication, the
466name of each the commissioner or direct staff member of a
467commissioner commissioners receiving the communication, copies
468of all written communications made, all written responses to
469such communications, and a memorandum stating the substance of
470all oral communications received and all oral responses made.
471The commission shall place on the record of a proceeding all
472such communications.
473     (6)  Any commissioner or member of a commissioner's direct
474staff who knowingly fails to place on the record any ex parte
475communication prohibited by this section such communications, in
476violation of this the section, within 15 days after of the date
477of the such communication is subject to removal or dismissal and
478may be assessed a civil penalty not to exceed $5,000. Any
479individual who knowingly fails to comply with subsection (5) may
480be assessed a civil penalty not to exceed $5,000.
481     (7)(a)  It is shall be the duty of the Commission on Ethics
482to receive and investigate sworn complaints of violations of
483this section pursuant to the procedures contained in ss.
484112.322-112.3241.
485     (b)  If the Commission on Ethics finds that there has been
486a violation of this section by a public service commissioner or
487member of a commissioner's direct staff, it shall provide the
488Governor and the Florida Public Service Commission Nominating
489Council with a report of its findings and recommendations. The
490Governor is authorized to enforce the findings and
491recommendations of the Commission on Ethics, pursuant to part
492III of chapter 112.
493     (c)  If a commissioner, a member of a commissioner's direct
494staff, or any other individual fails or refuses to pay the
495Commission on Ethics any civil penalties assessed pursuant to
496the provisions of this section, the Commission on Ethics may
497bring an action in any circuit court to enforce the such
498penalty.
499     (d)  If, during the course of an investigation by the
500Commission on Ethics into an alleged violation of this section,
501allegations are made as to the identity of the person who
502participated in the ex parte communication, that person must be
503given notice and an opportunity to participate in the
504investigation and relevant proceedings to present a defense. If
505the Commission on Ethics determines that the person participated
506in the ex parte communication, the person may not appear before
507the commission or otherwise represent anyone before the
508commission for a period of 2 years.
509     Section 10.  Subsections (1), (2), and (3) of section
510350.06, Florida Statutes, are amended to read:
511     350.06  Place of meeting; expenditures; employment of
512personnel; records availability and fees.-
513     (1)  The offices of the commission said commissioners shall
514be in the vicinity of Tallahassee, but the commissioners may
515hold sessions anywhere in the state at their discretion.
516     (2)  All sums of money authorized to be paid on account of
517the commission said commissioners shall be paid out of the State
518Treasury only on the order of the Chief Financial Officer.
519     (3)(a)  The commission shall commissioners may employ an
520executive director, a general counsel, and an inspector general
521clerical, technical, and professional personnel reasonably
522necessary for the performance of their duties and may also
523employ one or more persons capable of stenographic court
524reporting, to be known as the official reporters of the
525commission. The executive director shall serve as the agency
526head for the purposes of chapters 110, 112, 216, 282, and 287.
527Selection of the executive director shall be subject to
528confirmation by the Senate. Until such time as the Senate
529confirms the selection of the executive director, the individual
530selected shall perform the functions of the position. If the
531Senate refuses to confirm or fails to consider the selection
532during its next regular session, the commission shall, within 30
533days, select another individual for Senate confirmation. This
534process shall continue until the Senate has confirmed a
535selection. In case of a vacancy in the position of executive
536director, the commission shall select a new executive director
537in the same manner as the original selection.
538     (b)  Each commissioner may employ a chief advisor and an
539executive assistant to serve as the direct staff of the
540commissioner.
541     (c)  Notwithstanding any other provision of law, the
542executive director shall employ clerical, technical, and
543professional personnel reasonably necessary to assist the
544commission in the performance of its duties and may employ one
545or more persons capable of stenographic court reporting to be
546known as the official reporters of the commission. The executive
547director shall have sole authority with respect to employment,
548compensation, supervision, and direction of agency personnel
549other than those personnel employed by the commission and
550individual commissioners under paragraphs (a) and (b).
551     (d)  The general counsel shall, in consultation with the
552executive director, employ attorneys, paralegals, legal
553secretaries, and other personnel reasonably necessary to assist
554the commission in the performance of its duties.
555     Section 11.  Subsection (1) of section 350.061, Florida
556Statutes, is amended to read:
557     350.061  Public Counsel; appointment; oath; restrictions on
558Public Counsel and his or her employees.-
559     (1)  The Attorney General Committee on Public Counsel
560Oversight shall appoint a Public Counsel by majority vote of the
561members of the committee to represent the general public of
562Florida before the Florida Public Service Commission. The Public
563Counsel shall be an attorney admitted to practice before the
564Florida Supreme Court and shall serve at the pleasure of the
565Attorney General Committee on Public Counsel Oversight, subject
566to biennial reconfirmation by the committee. The Public Counsel
567shall perform his or her duties independently. Vacancies in the
568office shall be filled in the same manner as the original
569appointment.
570     Section 12.  Section 350.0613, Florida Statutes, is amended
571to read:
572     350.0613  Public Counsel; employees; receipt of pleadings.-
573The Attorney General committee may authorize the Public Counsel
574to employ clerical and technical assistants whose
575qualifications, duties, and responsibilities the Attorney
576General committee shall from time to time prescribe. The
577Attorney General committee may from time to time authorize
578retention of the services of additional attorneys or experts to
579the extent that the best interests of the people of the state
580will be better served thereby, including the retention of expert
581witnesses and other technical personnel for participation in
582contested proceedings before the commission. The commission
583shall furnish the Public Counsel with copies of the initial
584pleadings in all proceedings before the commission, and if the
585Public Counsel intervenes as a party in any proceeding he or she
586shall be served with copies of all subsequent pleadings,
587exhibits, and prepared testimony, if used. Upon filing notice of
588intervention, the Public Counsel shall serve all interested
589parties with copies of such notice and all of his or her
590subsequent pleadings and exhibits.
591     Section 13.  Section 350.0614, Florida Statutes, is amended
592to read:
593     350.0614  Public Counsel; compensation and expenses.-
594     (1)  The salaries and expenses of the Public Counsel and
595his or her employees shall be allocated by the Attorney General
596committee only from moneys appropriated to the Public Counsel by
597the Legislature.
598     (2)  The Legislature declares and determines that the
599Public Counsel is under the legislative branch of government
600within the intention of the legislation as expressed in chapter
601216, and no power shall be in the Executive Office of the
602Governor or its successor to release or withhold funds
603appropriated to it, but the same shall be available for
604expenditure as provided by law and the rules or decisions of the
605Committee on Public Counsel Oversight.
606     (3)  Neither the Executive Office of the Governor nor the
607Department of Management Services or its successor shall have
608power to determine the number, or fix the compensation, of the
609employees of the Public Counsel or to exercise any manner of
610control over them.
611     Section 14.  (1)  All powers, duties, functions, records,
612offices, personnel, property, pending issues, and existing
613contracts, administrative authority, administrative rules, and
614unexpended balances of appropriations, allocations, and other
615funds relating to the Office of Public Counsel pursuant to s.
616350.061, Florida Statutes, are transferred by a type two
617transfer, as defined in s. 20.06(2), Florida Statutes, from the
618Legislature to the Office of the Attorney General. The Office of
619Public Counsel shall be funded from the General Revenue Fund.
620     (2)  Notwithstanding ss. 216.292 and 216.351, Florida
621Statutes, upon approval by the Legislative Budget Commission,
622the Executive Office of the Governor shall transfer funds and
623positions between the Legislature and the Office of the Attorney
624General to implement this act.
625     Section 15.  Section 350.121, Florida Statutes, is
626repealed.
627     Section 16.  Section 350.122, Florida Statutes, is created
628to read:
629     350.122  Testimony; public disclosure of affiliation.-
630     (1)  Each person offering testimony at a meeting, workshop,
631hearing, or other scheduled event of the commission shall
632disclose any financial or fiduciary relationship with any party
633to the proceedings at the time the testimony is provided to the
634commission.
635     (2)  The determination by the commission that a person has
636knowingly violated this section constitutes agency action for
637which a hearing may be sought under chapter 120.
638     Section 17.  This act shall take effect July 1, 2011.


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