| 1 | A bill to be entitled |
| 2 | An act relating to testimony before the Public Service |
| 3 | Commission; creating s. 350.122, F.S.; requiring each |
| 4 | person offering testimony at a meeting, workshop, hearing, |
| 5 | or other scheduled event of the Public Service Commission |
| 6 | to disclose any financial or fiduciary relationship with |
| 7 | any public utility; requiring such disclosures to be filed |
| 8 | in writing with the office of the commission and with the |
| 9 | office of the Public Counsel before testimony is provided |
| 10 | to the commission; providing a penalty for failure to make |
| 11 | such disclosure; providing procedures for a petition for a |
| 12 | hearing to review the penalty; providing an effective |
| 13 | date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Section 350.122, Florida Statutes, is created |
| 18 | to read: |
| 19 | 350.122 Testimony; public disclosure of affiliation.- |
| 20 | (1) Each person offering testimony at a meeting, workshop, |
| 21 | hearing, or other scheduled event of the Public Service |
| 22 | Commission shall disclose any financial or fiduciary |
| 23 | relationship with any public utility, as defined in s. 366.02, |
| 24 | at the time the testimony is provided to the commission and as |
| 25 | required by subsection (2). Such disclosure shall include: |
| 26 | (a) Any charitable contribution made by any public utility |
| 27 | to any organization represented by the person testifying. |
| 28 | (b) Positions of governance that are held by an employee |
| 29 | of any public utility within the organization represented by the |
| 30 | person testifying. |
| 31 | (c) Any gifts as defined in chapter 112 received from any |
| 32 | public utility, or from any business entity which, directly or |
| 33 | indirectly, is an affiliate or subsidiary of any public utility |
| 34 | regulated by the commission. |
| 35 | (2) Disclosures required under subsection (1) shall also |
| 36 | be filed in writing with the office of the clerk of the |
| 37 | commission and with the office of the Public Counsel before the |
| 38 | testimony is provided to the commission. |
| 39 | (3) Any person who knowingly violates this section, as |
| 40 | determined by and issued in a final order of the commission, may |
| 41 | not offer testimony to or appear before the commission or |
| 42 | otherwise represent anyone before the commission for a period of |
| 43 | 2 years. |
| 44 | (4) The determination by the commission that a person has |
| 45 | knowingly violated this section shall be agency action under |
| 46 | chapter 120. Any petition for a hearing under chapter 120 must |
| 47 | be filed by the person with the Division of Administrative |
| 48 | Hearings within 30 days after the order under subsection (3) is |
| 49 | filed with the clerk of the commission. In such case, the person |
| 50 | shall, within the 30-day period, notify the clerk of the |
| 51 | commission of his or her intention to request a hearing. |
| 52 | Section 2. This act shall take effect July 1, 2010. |