HJR 719

1	House Joint Resolution
2	A joint resolution proposing the creation of Section 14 of
3	Article IV and Section 32 of Article XII of the State
4	Constitution, providing for an elected, five-member Public
5	Service Commission within the executive branch and
6	prohibiting candidates for election to the commission from
7	accepting contributions from employees, lobbyists,
8	officers, directors, or agents of any utility or entity
9	regulated by the commission, affiliates of regulated
10	utilities or entities, business entities, law firms, and
11	trade associations under certain circumstances.
12
13	Be It Resolved by the Legislature of the State of Florida:
14
15	That the following creation of Section 14 of Article IV and
16	Section 32 of Article XII of the State Constitution is agreed to
17	and shall be submitted to the electors of this state for
18	approval or rejection at the next general election or at an
19	earlier special election specifically authorized by law for that
20	purpose:
21	ARTICLE IV
22	EXECUTIVE
23	SECTION 14.  Public service commission.-
24	(a)  There shall be an elected public service commission
25	consisting of five members. The qualifications, compensation,
26	and residency requirements for members of the commission and the
27	powers and duties of the commission shall be provided by general
28	law.
29	(b)  A candidate for election to a seat on the commission
30	may not accept contributions from any employee, lobbyist,
31	officer, director, or agent of:
32	(1)  A business entity that, directly or indirectly, owns
33	or controls a public utility regulated by the commission.
34	(2)  A public utility or company regulated by the
35	commission.
36	(3)  A business entity that, directly or indirectly, is an
37	affiliate or subsidiary of a public utility regulated by the
38	commission.
39	(4)  A business entity that is exempt from regulation by
40	the commission but is an actual business competitor of a local
41	exchange company or public utility regulated by the commission.
42	(5)  A business entity or trade association that has been a
43	party to a commission proceeding within the two years preceding
44	the date of the contribution.
45	(6)  An attorney or the law firm of an attorney that has
46	represented a party to a commission proceeding within the two
47	years preceding the date of the contribution.
48	(7)  A business entity or trade association directly or
49	indirectly funded by a public utility or company regulated by
50	the commission or a direct or indirect affiliate of a public
51	utility or company regulated by the commission.
52	ARTICLE XII
53	SCHEDULE
54	SECTION 32.  Public service commission.-Section 14 of
55	Article IV and this section shall take effect January 8, 2013,
56	but shall govern with respect to the qualifying for and the
57	holding of primary elections in 2012.
58	BE IT FURTHER RESOLVED that the following statement be
59	placed on the ballot:
60	CONSTITUTIONAL AMENDMENTS
61	ARTICLE IV, SECTION 14
62	ARTICLE XII, SECTION 32
63	ELECTION OF MEMBERS OF THE PUBLIC SERVICE COMMISSION.-
64	Proposing amendments to the State Constitution to provide for an
65	elected, five-member Public Service Commission within the
66	executive branch. Under the proposed amendments, the Public
67	Service Commission would consist of five members who are elected
68	by the people rather than appointed by the Governor, and the
69	commission would be a part of the executive branch of state
70	government rather than the legislative branch. A candidate for
71	election to a seat on the commission would be prohibited from
72	accepting contributions from employees, lobbyists, officers,
73	directors, or agents of: any utility or entity regulated by the
74	commission, affiliates of regulated utilities or entities,
75	business entities, certain attorneys and law firms, and trade
76	associations under certain circumstances. Each of the five seats
77	on the commission would be subject to a vote of the electors in
78	2012.

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