HB 537

1	A bill to be entitled
2	An act relating to the Public Service Commission; amending
3	s. 350.001, F.S.; removing legislative intent relating to
4	the appointment of members to the Public Service
5	Commission; amending s. 350.01, F.S.; providing that,
6	beginning with the general election of 2006, commissioners
7	shall be elected to serve on the commission; removing
8	provisions for appointing members to the commission;
9	providing that a commissioner is elected to serve a 4-year
10	term; providing for a staggered election in 2006; amending
11	s. 350.012, F.S.; requiring the Committee on Public
12	Service Commission Oversight to oversee the operations of
13	the commission; requiring the committee to report to the
14	Legislature at least once each year on the activities of
15	the commission; amending ss. 350.041, 350.042, 350.043,
16	and 112.324, F.S.; conforming provisions to changes made
17	by the act; repealing s. 350.031, F.S., relating to the
18	formation and duties of the Florida Public Service
19	Commission Nominating Council; providing an effective
20	date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Section 350.001, Florida Statutes, is amended
25	to read:
26	350.001  Legislative intent.--The Florida Public Service
27	Commission has been and shall continue to be an arm of the
28	legislative branch of government. The Public Service Commission
29	shall perform its duties independently. It is the desire of the
30	Legislature that the Governor participate in the appointment
31	process of commissioners to the Public Service Commission. The
32	Legislature accordingly delegates to the Governor a limited
33	authority with respect to the Public Service Commission by
34	authorizing him or her to participate in the selection of
35	members only in the manner prescribed by s. 350.031.
36	Section 2.  Section 350.01, Florida Statutes, is amended to
37	read:
38	350.01  Florida Public Service Commission; terms of
39	commissioners; vacancies; election and duties of chair; quorum;
40	proceedings.--
41	(1)  The Florida Public Service Commission shall consist of
42	five commissioners appointed pursuant to s. 350.031.
43	(2)  Each commissioner shall be elected for a term of 4
44	years, except that, at the 2006 general election, three members
45	shall be elected for a term of 4 years and two members shall be
46	elected for a term of 2 years. The term of office shall begin on
47	the second Tuesday following the general election at which the
48	commissioner is elected.
49	(2)(a)  Each commissioner serving on July 1, 1978, shall be
50	permitted to remain in office until the completion of his or her
51	current term. Upon the expiration of the term, a successor shall
52	be appointed in the manner prescribed by s. 350.031(3) and (4)
53	for a 4-year term, except that the terms of the initial members
54	appointed under this act shall be as follows:
55	1.  The vacancy created by the present term ending in
56	January, 1981, shall be filled by appointment for a 4-year term
57	and for 4-year terms thereafter; and
58	2.  The vacancies created by the two present terms ending
59	in January, 1979, shall be filled by appointment for a 3-year
60	term and for 4-year terms thereafter.
61	(b)  Two additional commissioners shall be appointed in the
62	manner prescribed by s. 350.031(3) and (4) for 4-year terms
63	beginning the first Tuesday after the first Monday in January,
64	1979, and successors shall be appointed for 4-year terms
65	thereafter.
66	(3)(c)  Vacancies on the commission shall be filled by
67	election for the unexpired portion of the term or as otherwise
68	provided by law for public officers in the same manner as
69	original appointments to the commission.
70	(3)  Any person serving on the commission who seeks to be
71	appointed or reappointed shall file with the nominating council
72	at least 180 days before the expiration of his or her term a
73	statement that he or she desires to serve an additional term.
74	(4)  One member of the commission shall be elected by
75	majority vote to serve as chair for a term of 2 years, beginning
76	with the second first Tuesday after the general election first
77	Monday in January 1979. A member may not serve two consecutive
78	terms as chair.
79	(5)  The primary duty of the chair is to serve as chief
80	administrative officer of the commission; however, the chair may
81	participate in any proceedings pending before the commission
82	when administrative duties and time permit. In order to
83	distribute the workload and expedite the commission's calendar,
84	the chair, in addition to other administrative duties, has
85	authority to assign the various proceedings pending before the
86	commission requiring hearings to two or more commissioners or to
87	the commission's office of hearing examiners under the
88	supervision of the office of general counsel. Only those
89	commissioners assigned to a proceeding requiring hearings are
90	entitled to participate in the final decision of the commission
91	as to that proceeding; provided, if only two commissioners are
92	assigned to a proceeding requiring hearings and cannot agree on
93	a final decision, the chair shall cast the deciding vote for
94	final disposition of the proceeding. If more than two
95	commissioners are assigned to any proceeding, a majority of the
96	members assigned shall constitute a quorum and a majority vote
97	of the members assigned shall be essential to final commission
98	disposition of those proceedings requiring actual participation
99	by the commissioners. If a commissioner becomes unavailable
100	after assignment to a particular proceeding, the chair shall
101	assign a substitute commissioner. In those proceedings assigned
102	to a hearing examiner, following the conclusion of the hearings,
103	the designated hearing examiner is responsible for preparing
104	recommendations for final disposition by a majority vote of the
105	commission. A petition for reconsideration shall be voted upon
106	by those commissioners participating in the final disposition of
107	the proceeding.
108	(6)  A majority of the commissioners may determine that the
109	full commission shall sit in any proceeding. The public counsel
110	or a person regulated by the Public Service Commission and
111	substantially affected by a proceeding may file a petition that
112	the proceeding be assigned to the full commission. Within 15
113	days after of receipt by the commission of any petition or
114	application, the full commission shall dispose of the such
115	petition by majority vote and render a written decision thereon
116	before prior to assignment of less than the full commission to a
117	proceeding. In disposing of the such petition, the commission
118	shall consider the overall general public interest and impact of
119	the pending proceeding, including, but not limited to, the
120	following criteria: the magnitude of a rate filing, including
121	the number of customers affected and the total revenues
122	requested; the services rendered to the affected public; the
123	urgency of the requested action; the needs of the consuming
124	public and the utility; value of service involved; the effect on
125	consumer relations, regulatory policies, conservation, economy,
126	competition, public health, and safety of the area involved. If
127	the petition is denied, the commission shall set forth the
128	grounds for denial.
129	(7)  This section does not prohibit a commissioner,
130	designated by the chair, from conducting a hearing as provided
131	under ss. 120.569 and 120.57(1) and the rules of the commission
132	adopted pursuant thereto.
133	Section 3.  Subsections (3) and (4) of section 350.012,
134	Florida Statutes, are amended to read:
135	350.012  Committee on Public Service Commission Oversight;
136	creation; membership; powers and duties.--
137	(3)  The committee shall:
138	(a)  Recommend to the Governor nominees to fill a vacancy
139	on the Public Service Commission, as provided by general law;
140	and
141	(a)(b)  Appoint a Public Counsel as provided by general
142	law.
143	(b)  Provide general oversight of the commission and report
144	to the Legislature at least once each year on the activities of
145	the commission.
146	(4)  The committee may is authorized to file a complaint
147	with the Commission on Ethics alleging a violation of this
148	chapter by a commissioner, former commissioner, or former
149	commission employee, or member of the Public Service Commission
150	Nominating Council.
151	Section 4.  Subsection (3) of section 350.041, Florida
152	Statutes, is amended to read:
153	350.041  Commissioners; standards of conduct.--
154	(3)  The Commission on Ethics shall accept and investigate
155	any alleged violations of this section under pursuant to the
156	procedures contained in ss. 112.322-112.3241. The Commission on
157	Ethics shall provide the Governor and the Committee on Public
158	Service Commission Oversight Florida Public Service Commission
159	Nominating Council with a report of its findings and
160	recommendations. The Governor is authorized to enforce the
161	findings and recommendations of the Commission on Ethics, under
162	pursuant to part III of chapter 112. A public service
163	commissioner or a member of the Committee on Public Service
164	Commission Oversight Florida Public Service Commission
165	Nominating Council may request an advisory opinion from the
166	Commission on Ethics, under pursuant to s. 112.322(3)(a),
167	regarding the standards of conduct or prohibitions set forth in
168	ss. 350.031, 350.04, 350.041 and 350.042.
169	Section 5.  Subsection (7) of section 350.042, Florida
170	Statutes, is amended to read:
171	350.042  Ex parte communications.--
172	(7)(a)  It is shall be the duty of the Commission on Ethics
173	to receive and investigate sworn complaints of violations of
174	this section under pursuant to the procedures contained in ss.
175	112.322-112.3241.
176	(b)  If the Commission on Ethics finds that there has been
177	a violation of this section by a public service commissioner, it
178	shall provide the Governor and the Committee on Public Service
179	Commission Oversight Florida Public Service Commission
180	Nominating Council with a report of its findings and
181	recommendations. The Governor is authorized to enforce the
182	findings and recommendations of the Commission on Ethics, under
183	pursuant to part III of chapter 112.
184	(c)  If a commissioner fails or refuses to pay the
185	Commission on Ethics any civil penalties assessed under pursuant
186	to the provisions of this section, the Commission on Ethics may
187	bring an action in any circuit court to enforce the such
188	penalty.
189	(d)  If, during the course of an investigation by the
190	Commission on Ethics into an alleged violation of this section,
191	allegations are made as to the identity of the person who
192	participated in the ex parte communication, that person must be
193	given notice and an opportunity to participate in the
194	investigation and relevant proceedings to present a defense. If
195	the Commission on Ethics determines that the person participated
196	in the ex parte communication, the person may not appear before
197	the commission or otherwise represent anyone before the
198	commission for a period of 2 years.
199	Section 6.  Section 350.043, Florida Statutes, is amended
200	to read:
201	350.043  Enforcement and interpretation.--Any violation of
202	s. 350.031, s. 350.04, s. 350.041, s. 350.042, or s. 350.0605 by
203	a commissioner, former commissioner, or former employee, or
204	Public Service Commission Nominating Council member shall be
205	punishable as provided in ss. 112.317 and 112.324. The
206	Commission on Ethics may is hereby given the power and authority
207	to investigate complaints of violation of this chapter in the
208	manner provided in part III of chapter 112, as if this section
209	were included in that part. A commissioner may request an
210	advisory opinion from the Commission on Ethics as provided by s.
211	112.322(3)(a).
212	Section 7.  Paragraph (a) of subsection (8) of section
213	112.324, Florida Statutes, is amended to read:
214	112.324  Procedures on complaints of violations; public
215	records and meeting exemptions.--
216	(8)  If, in cases pertaining to complaints other than
217	complaints against impeachable officers or members of the
218	Legislature, upon completion of a full and final investigation
219	by the commission, the commission finds that there has been a
220	violation of this part or of s. 8, Art. II of the State
221	Constitution, it shall be the duty of the commission to report
222	its findings and recommend appropriate action to the proper
223	disciplinary official or body as follows, and such official or
224	body shall have the power to invoke the penalty provisions of
225	this part, including the power to order the appropriate
226	elections official to remove a candidate from the ballot for a
227	violation of s. 112.3145 or s. 8(a) and (i), Art. II of the
228	State Constitution:
229	(a)  The President of the Senate and the Speaker of the
230	House of Representatives, jointly, in any case concerning the
231	Public Counsel, members of the Public Service Commission,
232	members of the Public Service Commission Nominating Council, the
233	Auditor General, the director of the Office of Program Policy
234	Analysis and Government Accountability, or members of the
235	Legislative Committee on Intergovernmental Relations.
236	Section 8.  Section 350.031, Florida Statutes, is repealed.
237	Section 9.  This act shall take effect October 1, 2006.

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