| 1 | The Commerce Council offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Committee on Public Service Commission |
| 6 | Oversight; creation; membership; powers and duties.-- |
| 7 | (1) There is created a standing joint committee of the |
| 8 | Legislature, designated the Committee on Public Service |
| 9 | Commission Oversight, and composed of 12 members appointed as |
| 10 | follows: 6 members of the Senate appointed by the President of |
| 11 | the Senate, 2 of whom must be members of the minority party; and |
| 12 | 6 members of the House of Representatives appointed by the |
| 13 | Speaker of the House of Representatives, 2 of whom must be |
| 14 | members of the minority party. The terms of members shall be for |
| 15 | 2 years and shall run from the organization of one Legislature |
| 16 | to the organization of the next Legislature. The President shall |
| 17 | appoint the chair of the committee in even-numbered years and |
| 18 | the vice chair in odd-numbered years, and the Speaker of the |
| 19 | House of Representatives shall appoint the chair of the |
| 20 | committee in odd-numbered years and the vice chair in even- |
| 21 | numbered years, from among the committee membership. Vacancies |
| 22 | shall be filled in the same manner as the original appointment. |
| 23 | Members shall serve without additional compensation, but shall |
| 24 | be reimbursed for expenses. |
| 25 | (2) The committee shall be governed by joint rules of the |
| 26 | Senate and the House of Representatives which shall remain in |
| 27 | effect until repealed or amended by concurrent resolution. |
| 28 | (3) The committee shall: |
| 29 | (a) Recommend to the Governor nominees to fill a vacancy |
| 30 | on the Public Service Commission, as provided by general law; |
| 31 | and |
| 32 | (b) Appoint a Public Counsel as provided by general law. |
| 33 | (4) The committee is authorized to file a complaint with |
| 34 | the Commission on Ethics alleging a violation of chapter 350, |
| 35 | Florida Statutes, by a commissioner, former commissioner, former |
| 36 | commission employee, or member of the Public Service Commission |
| 37 | Nominating Council. |
| 38 | (5) The committee will not have a permanent staff, but the |
| 39 | President of the Senate and the Speaker of the House of |
| 40 | Representatives shall select staff members from among existing |
| 41 | legislative staff, when and as needed. |
| 42 | Section 2. Section 350.001, Florida Statutes, is amended |
| 43 | to read: |
| 44 | 350.001 Legislative intent.--The Florida Public Service |
| 45 | Commission has been and shall continue to be an arm of the |
| 46 | legislative branch of government. It is the desire of the |
| 47 | Legislature that the Governor participate in the appointment |
| 48 | process of commissioners to the Public Service Commission. The |
| 49 | Legislature accordingly delegates to the Governor a limited |
| 50 | authority with respect to the Public Service Commission by |
| 51 | authorizing him or her to participate in the selection of |
| 52 | members only from the list provided by the Florida Public |
| 53 | Service Commission Nominating Council in the manner prescribed |
| 54 | by s. 350.031. |
| 55 | Section 3. Section 350.031, Florida Statutes, is amended |
| 56 | to read: |
| 57 | 350.031 Florida Public Service Commission Nominating |
| 58 | Council.-- |
| 59 | (1) There is created a Florida Public Service Commission |
| 60 | Nominating Council consisting of nine members. At least one |
| 61 | member of the council must be 60 years of age or older. Three |
| 62 | members, including one member of the House of Representatives, |
| 63 | shall be appointed by and serve at the pleasure of the Speaker |
| 64 | of the House of Representatives; three members, including one |
| 65 | member of the Senate, shall be appointed by and serve at the |
| 66 | pleasure of the President of the Senate; and three members shall |
| 67 | be selected and appointed by a majority vote of the other six |
| 68 | members of the council. All terms shall be for 4 years except |
| 69 | those members of the House and Senate, who shall serve 2-year |
| 70 | terms concurrent with the 2-year elected terms of House members. |
| 71 | Vacancies on the council shall be filled for the unexpired |
| 72 | portion of the term in the same manner as original appointments |
| 73 | to the council. A member may not be reappointed to the council, |
| 74 | except for a member of the House of Representatives or the |
| 75 | Senate who may be appointed to two 2-year terms or a person who |
| 76 | is appointed to fill the remaining portion of an unexpired term. |
| 77 | (2)(a) No member or spouse shall be the holder of the |
| 78 | stocks or bonds of any company, other than through ownership of |
| 79 | shares in a mutual fund, regulated by the commission, or any |
| 80 | affiliated company of any company regulated by the commission, |
| 81 | or be an agent or employee of, or have any interest in, any |
| 82 | company regulated by the commission or any affiliated company of |
| 83 | any company regulated by the commission, or in any firm which |
| 84 | represents in any capacity either companies which are regulated |
| 85 | by the commission or affiliates of companies regulated by the |
| 86 | commission. As a condition of appointment to the council, each |
| 87 | appointee shall affirm to the Speaker and the President his or |
| 88 | her qualification by the following certification: "I hereby |
| 89 | certify that I am not a stockholder, other than through |
| 90 | ownership of shares in a mutual fund, in any company regulated |
| 91 | by the commission or in any affiliate of a company regulated by |
| 92 | the commission, nor in any way, directly or indirectly, in the |
| 93 | employment of, or engaged in the management of any company |
| 94 | regulated by the commission or any affiliate of a company |
| 95 | regulated by the commission, or in any firm which represents in |
| 96 | any capacity either companies which are regulated by the |
| 97 | commission or affiliates of companies regulated by the |
| 98 | commission." |
| 99 |
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| 100 | This certification is made as condition to appointment to the |
| 101 | Florida Public Service Commission Nominating Council. |
| 102 | (b) A member of the council may be removed by the Speaker |
| 103 | of the House of Representatives and the President of the Senate |
| 104 | upon a finding by the Speaker and the President that the council |
| 105 | member has violated any provision of this subsection or for |
| 106 | other good cause. |
| 107 | (c) If a member of the council does not meet the |
| 108 | requirements of this subsection, the President of the Senate or |
| 109 | the Speaker of the House of Representatives, as appropriate, |
| 110 | shall appoint a legislative replacement. |
| 111 | (3) A majority of the membership of the council may |
| 112 | conduct any business before the council. All meetings and |
| 113 | proceedings of the council shall be staffed by the Office of |
| 114 | Legislative Services and shall be subject to the provisions of |
| 115 | ss. 119.07 and 286.011. Members of the council are entitled to |
| 116 | receive per diem and travel expenses as provided in s. 112.061, |
| 117 | which shall be funded by the Florida Public Service Regulatory |
| 118 | Trust Fund. Applicants invited for interviews before the council |
| 119 | may, in the discretion of the council, receive per diem and |
| 120 | travel expenses as provided in s. 112.061, which shall be funded |
| 121 | by the Florida Public Service Regulatory Trust Fund. The council |
| 122 | shall establish policies and procedures to govern the process by |
| 123 | which applicants are nominated. |
| 124 | (4) The council may spend a nominal amount, not to exceed |
| 125 | $10,000, to advertise a vacancy on the council, which shall be |
| 126 | funded by the Florida Public Service Regulatory Trust Fund. |
| 127 | (5)(4) A person may not be nominated to the Committee on |
| 128 | Public Service Commission Oversight Governor until the council |
| 129 | has determined that the person is competent and knowledgeable in |
| 130 | one or more fields, which shall include, but not be limited to: |
| 131 | public affairs, law, economics, accounting, engineering, |
| 132 | finance, natural resource conservation, energy, or another field |
| 133 | substantially related to the duties and functions of the |
| 134 | commission. The commission shall fairly represent the above- |
| 135 | stated fields. Recommendations of the council shall be |
| 136 | nonpartisan. |
| 137 | (6)(5) It is the responsibility of the council to nominate |
| 138 | to the Committee on Public Service Commission Oversight six |
| 139 | Governor not fewer than three persons for each vacancy occurring |
| 140 | on the Public Service Commission. The council shall submit the |
| 141 | recommendations to the committee Governor by August 1 October 1 |
| 142 | of those years in which the terms are to begin the following |
| 143 | January, or within 60 days after a vacancy occurs for any reason |
| 144 | other than the expiration of the term. |
| 145 | (7)(6) The Committee on Public Service Commission |
| 146 | Oversight Governor shall select from the list of nominees |
| 147 | provided by the nominating council three persons for |
| 148 | recommendation to the Governor for appointment to the |
| 149 | commission. The recommendations must be provided to the Governor |
| 150 | within 45 days after receipt of the list of nominees. The |
| 151 | Governor shall fill a vacancy occurring on the Public Service |
| 152 | Commission by appointment of one of the applicants nominated by |
| 153 | the council only after a background investigation of the such |
| 154 | applicant has been conducted by the Florida Department of Law |
| 155 | Enforcement. If the Governor has not made an appointment within |
| 156 | 30 days after the receipt of the recommendation by December 1 to |
| 157 | fill a vacancy for a term to begin the following January, then |
| 158 | the council shall immediately initiate the nominating process in |
| 159 | accordance with this section. The council shall include in the |
| 160 | process all new applicants and all previous applicants for this |
| 161 | vacancy. The council must, within 30 days after the Governor's |
| 162 | rejection of the previous recommendations or failure to timely |
| 163 | make an appointment, submit to the committee a list of six |
| 164 | persons for each vacancy. The committee must, within 30 days |
| 165 | after receipt, select three nominees for recommendation to the |
| 166 | Governor for appointment to the commission. If the Governor |
| 167 | rejects the recommendation or fails to make an appointment |
| 168 | within 30 days after receipt of the recommendation, the council |
| 169 | shall immediately initiate the nominating process again with the |
| 170 | time periods applicable., by majority vote, shall appoint by |
| 171 | December 31 one person from the applicants previously nominated |
| 172 | to the Governor to fill the vacancy. If the Governor has not |
| 173 | made the appointment to fill a vacancy occurring for any reason |
| 174 | other than the expiration of the term by the 60th day following |
| 175 | receipt of the nominations of the council, the council by |
| 176 | majority vote shall appoint within 30 days thereafter one person |
| 177 | from the applicants previously nominated to the Governor to fill |
| 178 | the vacancy. |
| 179 | (8)(7) Each appointment to the Public Service Commission |
| 180 | shall be subject to confirmation by the Senate during the next |
| 181 | regular session after the vacancy occurs. If the Senate refuses |
| 182 | to confirm or rejects the Governor's appointment, the council |
| 183 | shall initiate, in accordance with this section, the nominating |
| 184 | process within 30 days. |
| 185 | Section 4. Subsection (2) of section 350.041, Florida |
| 186 | Statutes, is amended to read: |
| 187 | 350.041 Commissioners; standards of conduct.-- |
| 188 | (2) STANDARDS OF CONDUCT.-- |
| 189 | (a) A commissioner may not accept anything from any |
| 190 | business entity which, either directly or indirectly, owns or |
| 191 | controls any public utility regulated by the commission, from |
| 192 | any public utility regulated by the commission, or from any |
| 193 | business entity which, either directly or indirectly, is an |
| 194 | affiliate or subsidiary of any public utility regulated by the |
| 195 | commission. A commissioner may attend conferences and associated |
| 196 | meals and events that are generally available to all conference |
| 197 | participants without payment of any fees in addition to the |
| 198 | conference fee. Additionally, while attending a conference, a |
| 199 | commissioner may attend meetings, meals, or events that are not |
| 200 | sponsored, in whole or in part, by any representative of any |
| 201 | public utility regulated by the commission and that are limited |
| 202 | to commissioners only, committee members, or speakers if the |
| 203 | commissioner is a member of a committee of the association of |
| 204 | regulatory agencies that organized the conference or is a |
| 205 | speaker at the conference. It is not a violation of this |
| 206 | paragraph for a commissioner to attend a conference for which |
| 207 | conference participants who are employed by a utility regulated |
| 208 | by the commission have paid a higher conference registration fee |
| 209 | than the commissioner, or to attend a meal or event that is |
| 210 | generally available to all conference participants without |
| 211 | payment of any fees in addition to the conference fee and that |
| 212 | is sponsored, in whole or in part, by a utility regulated by the |
| 213 | commission. If, during the course of an investigation by the |
| 214 | Commission on Ethics into an alleged violation of this |
| 215 | paragraph, allegations are made as to the identity of the person |
| 216 | giving or providing the prohibited gift, that person must be |
| 217 | given notice and an opportunity to participate in the |
| 218 | investigation and relevant proceedings to present a defense. If |
| 219 | the Commission on Ethics determines that the person gave or |
| 220 | provided a prohibited gift, the commission may sanction the |
| 221 | person from appearing before the commission or otherwise |
| 222 | representing anyone before the commission for a period of up to |
| 223 | 2 years. |
| 224 | (b) A commissioner may not accept any form of employment |
| 225 | with or engage in any business activity with any business entity |
| 226 | which, either directly or indirectly, owns or controls any |
| 227 | public utility regulated by the commission, any public utility |
| 228 | regulated by the commission, or any business entity which, |
| 229 | either directly or indirectly, is an affiliate or subsidiary of |
| 230 | any public utility regulated by the commission. |
| 231 | (c) A commissioner may not have any financial interest, |
| 232 | other than shares in a mutual fund, in any public utility |
| 233 | regulated by the commission, in any business entity which, |
| 234 | either directly or indirectly, owns or controls any public |
| 235 | utility regulated by the commission, or in any business entity |
| 236 | which, either directly or indirectly, is an affiliate or |
| 237 | subsidiary of any public utility regulated by the commission. If |
| 238 | a commissioner acquires any financial interest prohibited by |
| 239 | this section during his or her term of office as a result of |
| 240 | events or actions beyond the commissioner's control, he or she |
| 241 | shall immediately sell such financial interest or place such |
| 242 | financial interest in a blind trust at a financial institution. |
| 243 | A commissioner may not attempt to influence, or exercise any |
| 244 | control over, decisions regarding the blind trust. |
| 245 | (d) A commissioner may not accept anything from a party in |
| 246 | a proceeding currently pending before the commission. If, during |
| 247 | the course of an investigation by the Commission on Ethics into |
| 248 | an alleged violation of this subsection, allegations are made as |
| 249 | to the identity of the person giving or providing the prohibited |
| 250 | gift, that person must be given notice and an opportunity to |
| 251 | participate in the investigation and relevant proceedings to |
| 252 | present a defense. If the Commission on Ethics determines that |
| 253 | the person gave or provided a prohibited gift, the commission |
| 254 | may sanction the person from appearing before the commission or |
| 255 | otherwise representing anyone before the commission for a period |
| 256 | of up to 2 years. |
| 257 | (e) A commissioner may not serve as the representative of |
| 258 | any political party or on any executive committee or other |
| 259 | governing body of a political party; serve as an executive |
| 260 | officer or employee of any political party, committee, |
| 261 | organization, or association; receive remuneration for |
| 262 | activities on behalf of any candidate for public office; engage |
| 263 | on behalf of any candidate for public office in the solicitation |
| 264 | of votes or other activities on behalf of such candidacy; or |
| 265 | become a candidate for election to any public office without |
| 266 | first resigning from office. |
| 267 | (f) A commissioner, during his or her term of office, may |
| 268 | not make any public comment regarding the merits of any |
| 269 | proceeding under ss. 120.569 and 120.57 currently pending before |
| 270 | the commission. |
| 271 | (g) A commissioner may not conduct himself or herself in |
| 272 | an unprofessional manner at any time during the performance of |
| 273 | his or her official duties. |
| 274 | (h) A commissioner must avoid impropriety in all of his or |
| 275 | her activities and must act at all times in a manner that |
| 276 | promotes public confidence in the integrity and impartiality of |
| 277 | the commission. |
| 278 | (i) A commissioner may not directly or indirectly, through |
| 279 | staff or other means, solicit any thing of value from any public |
| 280 | utility regulated by the commission, or from any business entity |
| 281 | that, whether directly or indirectly, is an affiliate or |
| 282 | subsidiary of any public utility regulated by the commission, or |
| 283 | from any party appearing in a proceeding considered by the |
| 284 | commission in the last 2 years. |
| 285 | Section 5. Subsection (7) of section 350.042, Florida |
| 286 | Statutes, is amended to read: |
| 287 | 350.042 Ex parte communications.-- |
| 288 | (7)(a) It shall be the duty of the Commission on Ethics to |
| 289 | receive and investigate sworn complaints of violations of this |
| 290 | section pursuant to the procedures contained in ss. 112.322- |
| 291 | 112.3241. |
| 292 | (b) If the Commission on Ethics finds that there has been |
| 293 | a violation of this section by a public service commissioner, it |
| 294 | shall provide the Governor and the Florida Public Service |
| 295 | Commission Nominating Council with a report of its findings and |
| 296 | recommendations. The Governor is authorized to enforce the |
| 297 | findings and recommendations of the Commission on Ethics, |
| 298 | pursuant to part III of chapter 112. |
| 299 | (c) If a commissioner fails or refuses to pay the |
| 300 | Commission on Ethics any civil penalties assessed pursuant to |
| 301 | the provisions of this section, the Commission on Ethics may |
| 302 | bring an action in any circuit court to enforce such penalty. |
| 303 | (d) If, during the course of an investigation by the |
| 304 | Commission on Ethics into an alleged violation of this |
| 305 | paragraph, allegations are made as to the identity of the person |
| 306 | who participated in the ex parte communication, that person must |
| 307 | be given notice and an opportunity to participate in the |
| 308 | investigation and relevant proceedings to present a defense. If |
| 309 | the Commission on Ethics determines that the person participated |
| 310 | in the ex parte communication, the commission may sanction the |
| 311 | person from appearing before the commission or otherwise |
| 312 | representing anyone before the commission for a period of up to |
| 313 | 2 years. |
| 314 | Section 6. Subsection (1) of section 350.061, Florida |
| 315 | Statutes, is amended to read: |
| 316 | 350.061 Public Counsel; appointment; oath; restrictions on |
| 317 | Public Counsel and his or her employees.-- |
| 318 | (1) The Committee on Public Service Commission Oversight |
| 319 | Joint Legislative Auditing Committee shall appoint a Public |
| 320 | Counsel by majority vote of the members of the committee to |
| 321 | represent the general public of Florida before the Florida |
| 322 | Public Service Commission. The Public Counsel shall be an |
| 323 | attorney admitted to practice before the Florida Supreme Court |
| 324 | and shall serve at the pleasure of the Joint Legislative |
| 325 | Auditing Committee on Public Service Commission Oversight, |
| 326 | subject to biennial annual reconfirmation by the committee. The |
| 327 | Public Counsel shall perform his or her duties independently. |
| 328 | Vacancies in the office shall be filled in the same manner as |
| 329 | the original appointment. |
| 330 | Section 7. Subsection (2) of section 350.0614, Florida |
| 331 | Statutes, is amended to read: |
| 332 | 350.0614 Public Counsel; compensation and expenses.-- |
| 333 | (2) The Legislature hereby declares and determines that |
| 334 | the Public Counsel is under the legislative branch of government |
| 335 | within the intention of the legislation as expressed in chapter |
| 336 | 216, and no power shall be in the Executive Office of the |
| 337 | Governor or its successor to release or withhold funds |
| 338 | appropriated to it, but the same shall be available for |
| 339 | expenditure as provided by law and the rules or decisions of the |
| 340 | Joint Auditing Committee on Public Service Commission Oversight. |
| 341 | Section 8. Communications services offered by governmental |
| 342 | entities.-- |
| 343 | (1) As used in this section, the term: |
| 344 | (a) "Advanced service" means high-speed-Internet-access- |
| 345 | service capability in excess of 200 kilobits per second in the |
| 346 | upstream or the downstream direction, including any service |
| 347 | application provided over the high-speed-access service or any |
| 348 | information service as defined in 47 U.S.C. s. 153(20). |
| 349 | (b) "Cable service" has the same meaning as in 47 U.S.C. |
| 350 | s. 522(6). |
| 351 | (c) "Communications services" includes any "advanced |
| 352 | service," "cable service," or "telecommunications service" and |
| 353 | shall be construed in the broadest sense. |
| 354 | (d) "Enterprise fund" means a separate fund to account for |
| 355 | the operation of communications services by a local government, |
| 356 | established and maintained in accordance with generally accepted |
| 357 | accounting principles as prescribed by the Governmental |
| 358 | Accounting Standards Board. |
| 359 | (e) "Governmental entity" means any political subdivision |
| 360 | as defined in section 1.01, Florida Statutes, including any |
| 361 | county, municipality, special district, school district, or |
| 362 | utility authority or other authority or any instrumentality, |
| 363 | agency, unit, or department thereof. The term does not include |
| 364 | an independent special district created before 1970 which has |
| 365 | been granted express legislative authority to provide a |
| 366 | communications service and which does not sell a communications |
| 367 | service outside its district boundaries. |
| 368 | (f) "Provide," "providing," "provision," or "provisioning" |
| 369 | means offering or supplying a communications service for a fee |
| 370 | or other consideration to a person, including any portion of the |
| 371 | public or a private provider, but does not include service by a |
| 372 | governmental entity to itself or to any other governmental law |
| 373 | enforcement or governmental emergency services entity. |
| 374 | (g) "Subscriber" means a person who receives a |
| 375 | communications service. |
| 376 | (h) "Telecommunications services" means the transmission |
| 377 | of signs, signals, writing, images, sounds, messages, data, or |
| 378 | other information of the user's choosing, by wire, radio, light |
| 379 | waves, or other electromagnetic means, without change in the |
| 380 | form or content of the information as sent and received by the |
| 381 | user and regardless of the facilities used, including, without |
| 382 | limitation, wireless facilities. |
| 383 | (2)(a) Prior to a proposal to provide any provision of |
| 384 | communications services, a governmental entity shall hold no |
| 385 | less than two public hearing not less than 30 days apart. At |
| 386 | least 30 days before the first of the two public hearings, the |
| 387 | governmental entity shall give notice of the hearing in the |
| 388 | predominant newspaper of general circulation in the area |
| 389 | considered for service. At least 40 days before the first public |
| 390 | hearing, the governmental entity shall electronically provide |
| 391 | notice to the Department of Revenue and the Public Service |
| 392 | Commission, which shall post the notice on the department's and |
| 393 | the commission's website to be available to the public. The |
| 394 | Department of Revenue shall also send the notice by United |
| 395 | States Postal Service to the known addresses for all dealers of |
| 396 | communications services registered with the department under |
| 397 | chapter 202, Florida Statutes, or provide an electronic |
| 398 | notification, if the means are available, within 10 days after |
| 399 | receiving the notice. The notice shall include the time and |
| 400 | place of the hearings and shall state that the purpose of the |
| 401 | hearings is to consider whether the governmental entity will |
| 402 | provide communications services. The notice shall include, at a |
| 403 | minimum, the geographic areas proposed to be served by the |
| 404 | governmental entity and the services, if any, which the |
| 405 | governmental entity believes are not currently being adequately |
| 406 | provided. The notice shall also state that any dealer who wishes |
| 407 | to do so may appear and be heard at the public hearings. |
| 408 | (b) At a public hearing required by this subsection, a |
| 409 | governmental entity shall, at a minimum, consider: |
| 410 | 1. Whether the service that is proposed to be provided is |
| 411 | currently being offered in the community and, if so, whether the |
| 412 | service is generally available throughout the community. |
| 413 | 2. Whether a similar service is currently being offered in |
| 414 | the community and, if so, whether the service is generally |
| 415 | available throughout the community. |
| 416 | 3. If the same or a similar service is not currently |
| 417 | offered, whether any other service provider proposes to offer |
| 418 | the same or a similar service and, if so, what assurances that |
| 419 | service provider is willing or able to offer regarding the same |
| 420 | or similar service. |
| 421 | 4. The capital investment required by the governmental |
| 422 | entity to provide the communications service, the estimated |
| 423 | realistic cost of operation and maintenance, and, using a full |
| 424 | cost-accounting method, the estimated realistic revenues and |
| 425 | expenses of providing the service and the proposed method of |
| 426 | financing. |
| 427 | 5. The private and public costs and benefits of providing |
| 428 | the service by a private entity or a governmental entity, |
| 429 | including the effect on existing and future jobs, actual |
| 430 | economic development prospects, tax-base growth, education, and |
| 431 | public health. |
| 432 | (c) At one or more of the public hearings under this |
| 433 | subsection, the governmental entity shall make available to the |
| 434 | public a written business plan for the proposed communications |
| 435 | service venture containing, at a minimum: |
| 436 | 1. The projected number of customers to be served by the |
| 437 | venture. |
| 438 | 2. The geographic area to be served by the venture. |
| 439 | 3. The types of communications services to be provided. |
| 440 | 4. A plan to ensure that revenues exceed operating |
| 441 | expenses and payment of principal and interest on debt within 4 |
| 442 | years. |
| 443 | 5. Estimated capital and operational costs and revenues |
| 444 | for the first 4 years. |
| 445 | 6. Projected network modernization and technological |
| 446 | upgrade plans, including estimated costs. |
| 447 | (d) After making specific findings regarding the factors |
| 448 | in paragraphs (2)(b) and (2)(c), the governmental entity may |
| 449 | authorize providing a communications service by a majority |
| 450 | recorded vote, by resolution, ordinance, or other formal means |
| 451 | of adoption. |
| 452 | (e) The governing body of a governmental entity may issue |
| 453 | one or more bonds to finance the capital costs for facilities to |
| 454 | provide a communications service. However: |
| 455 | 1. A governmental entity may only pledge revenues in |
| 456 | support of the issuance of any bond to finance provision of a |
| 457 | communications service: |
| 458 | a. Within the county in which the governmental entity is |
| 459 | located; |
| 460 | b. Within an area in which the governmental entity |
| 461 | provides electric service outside its home county under an |
| 462 | electric service territorial agreement approved by the Public |
| 463 | Service Commission before the effective date of this act; or |
| 464 | c. If the governmental entity is a municipality or special |
| 465 | district, within its corporate limits or in an area in which the |
| 466 | municipality or special district provides water, wastewater, or |
| 467 | electric or natural gas service, or within an urban service area |
| 468 | designated in a comprehensive plan, whichever is larger, unless |
| 469 | the municipality or special district obtains the consent, by a |
| 470 | majority recorded vote by resolution, ordinance, or other formal |
| 471 | means of adoption, of the governmental entity within the |
| 472 | boundaries of which the municipality or special district |
| 473 | proposes to provide service. |
| 474 |
|
| 475 | Any governmental entity from which consent is sought pursuant to |
| 476 | sub-subparagraph c. shall be located within the county in which |
| 477 | the governmental entity is located for consent to be effective. |
| 478 | 2. Revenue bonds issued in order to finance provision of a |
| 479 | communications service are not subject to the approval of the |
| 480 | electors if the revenue bonds mature within 15 years. Revenue |
| 481 | bonds issued to finance provision of a communications service |
| 482 | that does not mature within 15 years shall be approved by the |
| 483 | electors. The election shall be conducted as specified in |
| 484 | chapter 100, Florida Statutes. |
| 485 | (f) A governmental entity providing a communications |
| 486 | service may not price any service below the cost of providing |
| 487 | the service by subsidizing the communications service with |
| 488 | moneys from rates paid by customers of a noncommunications |
| 489 | services utility or from any other revenues. The cost standard |
| 490 | for determining cross-subsidization is whether the total revenue |
| 491 | from the service is less than the total long-run incremental |
| 492 | cost, including direct costs and indirect costs, as allocated |
| 493 | pursuant to the cost-allocation plan described in paragraph (g), |
| 494 | of the service. "Total long-run incremental cost" means service- |
| 495 | specific volume and nonvolume-sensitive costs. |
| 496 | (g) A governmental entity providing a communications |
| 497 | service shall keep separate and accurate books and records, |
| 498 | maintained in accordance with generally accepted accounting |
| 499 | principles, of a governmental entity's communication service, |
| 500 | which books and records shall be made available for any audits |
| 501 | of the books and records conducted under applicable law. To |
| 502 | facilitate equitable distribution of indirect costs, a local |
| 503 | governmental entity shall develop and follow a cost-allocation |
| 504 | plan, which is a procedure for allocating direct and indirect |
| 505 | costs and which is generally developed in accordance with OMB |
| 506 | Circular A-87, Cost Principles for State, Local, and Indian |
| 507 | Tribal Government, published by the United States Office of |
| 508 | Management and Budget. |
| 509 | (h) The governmental entity shall establish an enterprise |
| 510 | fund to account for its operation of communications services. |
| 511 | (i) The governmental entity shall adopt separate operating |
| 512 | and capital budgets for its communications services. |
| 513 | (j) A governmental entity may not use its powers of |
| 514 | eminent domain under chapter 73, Florida Statutes, solely or |
| 515 | primarily for the purpose of providing a communications service. |
| 516 | (k) If, after 4 years following the initiation of the |
| 517 | provision of communications services by a governmental entity or |
| 518 | 4 years after the effective date of this act, whichever is |
| 519 | later, revenues do not exceed operating expenses and payment of |
| 520 | principal and interest on the debt for a governmental entity's |
| 521 | provision of communications services, no later than 60 days |
| 522 | following the end of the 4-year period a governmental entity |
| 523 | shall hold a public hearing at which the governmental entity |
| 524 | shall do at least one of the following: |
| 525 | 1. Approve a plan to cease providing communications |
| 526 | services; |
| 527 | 2. Approve a plan to dispose of the system the |
| 528 | governmental entity is using to provide communications services |
| 529 | and, accordingly, to cease providing communications services; |
| 530 | 3. Approve a plan to create a partnership with a private |
| 531 | entity in order to achieve operations in which revenues exceed |
| 532 | operating expenses and payment of principal and interest on |
| 533 | debt; or |
| 534 | 4. Approve the continuing provision of communications |
| 535 | services. |
| 536 | (l) If the governmental entity chooses to continue |
| 537 | providing communications services, or approves a plan provided |
| 538 | in paragraph (k), but thereafter does not implement the plan, |
| 539 | the governmental entity shall either develop a new business plan |
| 540 | provided under paragraph (c) or provide notice of the decision |
| 541 | to not pursue the provisions under paragraph (k). The new plan |
| 542 | shall be submitted to the governing body for approval within 60 |
| 543 | days after the public hearing and shall be implemented upon |
| 544 | approval. If the governing body does not approve the new plan, |
| 545 | the governmental entity shall cease providing communications |
| 546 | services within 12 months thereafter. |
| 547 | (m) The governmental entity shall conduct an annual review |
| 548 | at a formal public meeting to consider the progress the |
| 549 | governmental entity is making toward reaching its business plan |
| 550 | goals and objectives for providing communication services. At |
| 551 | the public meeting, the governmental entity shall review the |
| 552 | related revenues, operating expenses, and payment of interest on |
| 553 | debt. |
| 554 | (n) Within 12 months after the end of each fiscal year, a |
| 555 | governmental entity that is providing communications services |
| 556 | shall prepare a modified statement of revenues, expenses, and |
| 557 | changes in net assets for the enterprise fund used to account |
| 558 | for the communications services. Such statement shall present a |
| 559 | full and complete accounting of the operations of the covered |
| 560 | services for the fiscal year in accordance with generally |
| 561 | accepted accounting principles and utilizing full cost |
| 562 | accounting. The governmental entity shall provide a copy of the |
| 563 | accountant's report and affidavit to the Department of Revenue, |
| 564 | in addition to the governmental entity's regular annual |
| 565 | financial report and audit, required by s. 218.32, Florida |
| 566 | Statutes. |
| 567 | (3)(a) A governmental entity that provides a cable service |
| 568 | shall comply with the Cable Communications Policy Act of 1984, |
| 569 | 47 U.S.C. 521, et seq., the regulations issued by the Federal |
| 570 | Communications Commission under the Cable Communications Policy |
| 571 | Act of 1984, 47 U.S.C. 521, et seq., and all applicable state |
| 572 | and federal rules and regulations, including, but not limited |
| 573 | to, s. 166.046, Florida Statutes, and those provisions of |
| 574 | chapters 202, 212, and 337, Florida Statutes, which apply to a |
| 575 | provider of the services. |
| 576 | (b) A governmental entity that provides a |
| 577 | telecommunications service or advanced service shall comply, if |
| 578 | applicable, with chapter 364, Florida Statutes, and rules |
| 579 | adopted by the Public Service Commission; chapter 166, Florida |
| 580 | Statutes, and all applicable state and federal rules and |
| 581 | regulations, including, but not limited to, those provisions of |
| 582 | chapters 202, 212, and 337, Florida Statutes, which apply to a |
| 583 | provider of the services. |
| 584 | (c) A governmental entity may not exercise its power or |
| 585 | authority in any area, including zoning or land use regulation, |
| 586 | to require any person, including residents of a particular |
| 587 | development, to use or subscribe to any communications service |
| 588 | of a governmental entity. |
| 589 | (d) A governmental entity shall apply its ordinances, |
| 590 | rules, and policies, and exercise any authority under state or |
| 591 | federal laws, including, but not limited to, those relating to |
| 592 | the following subjects and without discrimination as to itself |
| 593 | when providing a communications service or to any private |
| 594 | provider of communications services: |
| 595 | 1. Access to public rights-of-way; and |
| 596 | 2. Permitting, access to, use of, and payment for use of |
| 597 | governmental-entity-owned poles. The governmental entity is |
| 598 | subject to the same terms, conditions, and fees, if any, for |
| 599 | access to governmental-entity-owned poles which the governmental |
| 600 | entity applies to a private provider for access. |
| 601 | (4)(a) If a governmental entity was providing, as of April |
| 602 | 1, 2005, advanced services, cable services, or |
| 603 | telecommunications services, it is not required to comply with |
| 604 | paragraph (2)(a), paragraph (2)(b), paragraph (2)(c), paragraph |
| 605 | (2)(d), sub-subparagraph (2)(e)1.c., or paragraph (2)(f), in |
| 606 | order to continue to provide advanced services, cable services, |
| 607 | or telecommunications services, respectively, but it shall |
| 608 | comply with and be subject to all other provisions of this |
| 609 | section. |
| 610 | (b) If a governmental entity, as of April 1, 2005, had |
| 611 | issued debt pledging revenues from an advanced service, cable |
| 612 | service, or telecommunications service, it is not required to |
| 613 | comply with paragraph (2)(a), (b), (c), (d), (e)1.c., or (f) in |
| 614 | order to provide advanced services, cable services, or |
| 615 | telecommunications services, respectively, but it shall comply |
| 616 | with and be subject to all other provisions of this section. |
| 617 | (c) A governmental entity that has purchased equipment |
| 618 | specifically for the provisioning of advanced service, cable |
| 619 | service, or telecommunications service by April 1, 2005, and has |
| 620 | received authorization by a recorded majority vote by |
| 621 | resolution, ordinance, or other formal means of adoption, for |
| 622 | the provision of an advanced service, cable service, or |
| 623 | telecommunications service, is not required to comply with |
| 624 | paragraph (2)(a), (b), (c), (d), (2)(e)1.c., or (f) in order to |
| 625 | provide advanced services, cable services, or telecommunications |
| 626 | services, respectively, but shall comply with and be subject to |
| 627 | all other provisions of this section. |
| 628 | (5) Notwithstanding s. 542.235, Florida Statutes, or any |
| 629 | other law, a governmental entity that provides a communications |
| 630 | service is subject to the same prohibitions applicable to |
| 631 | private providers under ss. 542.18 and 542.19, Florida Statutes, |
| 632 | as it relates to providing a communications service. In |
| 633 | addition, this section does not confer state action immunity, or |
| 634 | any other antitrust immunity or exemption, on any governmental |
| 635 | entity providing communications services. |
| 636 | (6) To ensure the safe and secure transportation of |
| 637 | passengers and freight through an airport facility, as defined |
| 638 | in s. 159.27(17), Florida Statutes, exemption from this section |
| 639 | is granted to any airport authority or other governmental entity |
| 640 | that provides or is proposing to provide: |
| 641 | (a) Communications services only within the boundaries of |
| 642 | its airport layout plan, as defined in s. 333.01(6), Florida |
| 643 | Statutes, to subscribers which are integral and essential to the |
| 644 | safe and secure transportation of passengers and freight through |
| 645 | the airport facility. |
| 646 | (b) Shared-tenant service under s. 364.339, Florida |
| 647 | Statutes, not including dial tone, enabling subscribers to |
| 648 | complete calls outside the airport layout plan, to one or more |
| 649 | subscribers within its airport layout plan which are not |
| 650 | integral and essential to the safe and secure transportation of |
| 651 | passengers and freight through the airport facility. |
| 652 |
|
| 653 | An airport authority or other governmental entity that provides |
| 654 | or is proposing to provide communications services to one or |
| 655 | more customers within its airport layout plan which are not |
| 656 | integral and essential to the safe and secure transportation of |
| 657 | passengers and freight through the airport facility, or to one |
| 658 | or more customers outside its airport layout plan, is not exempt |
| 659 | from this section. By way of example and not limitation, the |
| 660 | integral, essential subscribers may include airlines and |
| 661 | emergency service entities, and the nonintegral, nonessential |
| 662 | subscribers may include retail shops, restaurants, hotels, or |
| 663 | rental car companies. |
| 664 | (7) This section does not alter or affect any provisions |
| 665 | in the charter, code, or other governing authorities of a |
| 666 | governmental entity that impose additional or different |
| 667 | requirements on provision of communications service by a |
| 668 | governmental entity. Any such provisions shall apply in addition |
| 669 | to the applicable provisions in this section. |
| 670 | Section 9. If any provision of this act or its application |
| 671 | to any person or circumstance is held invalid, the invalidity |
| 672 | does not affect other provisions or applications of the act |
| 673 | which can be given effect without the invalid provision or |
| 674 | application, and to this end the provisions of this act are |
| 675 | severable. |
| 676 | Section 10. Effective July 1, 2005, subsection (7) of |
| 677 | section 288.1162, Florida Statutes, is amended to read: |
| 678 | 288.1162 Professional sports franchises; spring training |
| 679 | franchises; duties.-- |
| 680 | (7)(a) The Office of Tourism, Trade, and Economic |
| 681 | Development shall notify the Department of Revenue of any |
| 682 | facility certified as a facility for a new professional sports |
| 683 | franchise or a facility for a retained professional sports |
| 684 | franchise or as a facility for a retained spring training |
| 685 | franchise. The Office of Tourism, Trade, and Economic |
| 686 | Development shall certify no more than eight facilities as |
| 687 | facilities for a new professional sports franchise or as |
| 688 | facilities for a retained professional sports franchise and |
| 689 | shall certify at least five as facilities for retained spring |
| 690 | training franchises, including in such total any facilities |
| 691 | certified by the Department of Commerce before July 1, 1996. The |
| 692 | office may make no more than one certification for any facility. |
| 693 | The office may not certify funding for less than the requested |
| 694 | amount to any applicant certified as a facility for a retained |
| 695 | spring training franchise. |
| 696 | (b) Certification of an applicant under this section for |
| 697 | the eighth certification for a facility for a new professional |
| 698 | sports franchise or for a facility for a retained professional |
| 699 | sports franchise shall be for an applicant for which the |
| 700 | franchise that serves as the basis of the certification is a |
| 701 | member of the National Basketball Association, has been located |
| 702 | within the state since 1987, and has not been previously |
| 703 | certified. This paragraph is repealed July 1, 2010. |
| 704 | Section 11. Except as otherwise provided herein, this act |
| 705 | shall take effect October 1, 2005; however, the provisions |
| 706 | creating penalties or new standards of conduct apply to |
| 707 | violations occurring on or after that date. |
| 708 |
|
| 709 |
|
| 710 | ================= T I T L E A M E N D M E N T ================= |
| 711 | Remove the entire title and insert: |
| 712 | A bill to be entitled |
| 713 | An act relating to the Public Service Commission; creating |
| 714 | the Committee on Public Service Commission Oversight as a |
| 715 | standing joint committee of the Legislature; providing for |
| 716 | its membership, powers, and duties; amending s. 350.001, |
| 717 | F.S.; revising legislative intent; revising provisions for |
| 718 | selection of commission members by the Governor; amending |
| 719 | s. 350.031, F.S.; authorizing the Florida Public Service |
| 720 | Commission Nominating Council to make expenditures to |
| 721 | advertise a vacancy on the council; requiring that the |
| 722 | Committee on Public Service Commission Oversight provide |
| 723 | nominees for recommendation to the Governor for |
| 724 | appointment to the Public Service Commission; providing |
| 725 | procedures; amending s. 350.041, F.S.; revising standards |
| 726 | of conduct for commissioners relating to gifts; providing |
| 727 | procedures for investigation of allegations and relevant |
| 728 | proceedings by the Commission on Ethics; providing for |
| 729 | sanctions for violations; requiring that commissioners |
| 730 | avoid impropriety and act in a manner that promotes |
| 731 | confidence in the commission; prohibiting a commissioner |
| 732 | from soliciting any thing of value from any public |
| 733 | utility, its affiliate, or any party; amending s. 350.042, |
| 734 | F.S.; revising provisions prohibiting ex parte |
| 735 | communication with a commissioner; providing procedures |
| 736 | for investigation of allegations and relevant proceedings |
| 737 | by the Commission on Ethics; providing for sanctions for |
| 738 | violations; amending s. 350.061, F.S.; requiring that the |
| 739 | Committee on Public Service Commission Oversight rather |
| 740 | than the Joint Legislative Auditing Committee appoint the |
| 741 | Public Counsel; providing for biennial reconfirmation |
| 742 | rather than annual; requiring that the Public Counsel |
| 743 | perform his or her duties independently; amending s. |
| 744 | 350.0614, F.S.; requiring that the Committee on Public |
| 745 | Service Commission Oversight rather than the Joint |
| 746 | Legislative Auditing Committee oversee expenditures of the |
| 747 | Public Counsel; providing for communications services |
| 748 | offered by certain governmental entities; providing |
| 749 | definitions; providing for notice of public hearings to |
| 750 | consider whether the local government will provide a |
| 751 | communications service; requiring a governmental entity to |
| 752 | consider certain factors before a communications service |
| 753 | is provided; providing certain restrictions on revenue |
| 754 | bonds to finance provisioning of communications services; |
| 755 | requiring a local government to make available a written |
| 756 | business plan; providing criteria for the business plan; |
| 757 | setting pricing standards; providing for accounting and |
| 758 | books and records; requiring the governmental entity to |
| 759 | establish an enterprise fund; requiring the governmental |
| 760 | entity to maintain separate operating and capital budgets; |
| 761 | limiting the use of eminent-domain powers; requiring a |
| 762 | governmental entity to hold a public hearing to consider |
| 763 | certain factors if the business plan goals are not met; |
| 764 | requiring compliance with certain federal and state laws; |
| 765 | requiring a local government to treat itself the same as |
| 766 | it treats other providers of similar communications |
| 767 | services; exempting certain governmental entities from |
| 768 | specified provisions of the act; requiring a local |
| 769 | governmental provider of communications services to follow |
| 770 | the same prohibitions as other providers of the same |
| 771 | services; providing an exemption for airports under |
| 772 | certain conditions; recognizing preemption of a charter, |
| 773 | code, or other governmental authority; providing for |
| 774 | severability; amending s. 288.1162, F.S.; specifying |
| 775 | certification criteria for the remaining eighth available |
| 776 | certification by the Office of Tourism, Trade, and |
| 777 | Economic Development for a facility for a new professional |
| 778 | sports franchise or for a facility for a retained |
| 779 | professional sports franchise; providing for future |
| 780 | repeal; providing for application; providing effective |
| 781 | dates. |