| 1 | A bill to be entitled |
| 2 | An act relating to organization and standards of the |
| 3 | Public Service Commission; amending s. 112.324, F.S.; |
| 4 | revising provisions for disposition of ethics complaints |
| 5 | against the Public Counsel and employees of the Public |
| 6 | Counsel; amending s. 350.001, F.S.; revising legislative |
| 7 | intent; repealing s. 350.012, F.S., relating to the |
| 8 | creation, organization, and duties of the Committee on |
| 9 | Public Counsel Oversight; amending s. 350.031, F.S., |
| 10 | relating to terms of members of the Florida Public Service |
| 11 | Commission Nominating Council; removing obsolete language; |
| 12 | creating s. 350.035, F.S.; prohibiting attempts by certain |
| 13 | persons to sway the judgment of commissioners; providing |
| 14 | for the Commission on Ethics to receive and investigate |
| 15 | complaints of violations pursuant to specified provisions; |
| 16 | prohibiting commissioners from requiring or demanding that |
| 17 | certain commission staff pursue particular positions or |
| 18 | courses of action; requiring the inspector general of the |
| 19 | commission to receive and investigate complaints of |
| 20 | violations; amending s. 350.04, F.S.; requiring |
| 21 | commissioners to complete a course of study developed by |
| 22 | the executive director and general counsel; requiring |
| 23 | commissioners to complete continuing professional |
| 24 | education; providing training requirements for |
| 25 | commissioners and commission employees; requiring |
| 26 | certifications of compliance to be provided to the |
| 27 | Legislature; amending s. 350.041, F.S.; revising |
| 28 | legislative intent; revising standards of conduct for |
| 29 | commissioners; revising provisions for investigation and |
| 30 | reports of alleged violations; authorizing commission |
| 31 | employees to request opinions from the Commission on |
| 32 | Ethics; amending s. 350.042, F.S.; revising provisions for |
| 33 | communications concerning agency proceedings; providing |
| 34 | for application of such provisions to members of a |
| 35 | commissioner's direct staff; revising restrictions on such |
| 36 | communications by commissioners and members of their |
| 37 | direct staff; defining the term "ex parte communication"; |
| 38 | providing a civil penalty; amending s. 350.06, F.S.; |
| 39 | revising provisions for the offices of the commission, |
| 40 | payment of moneys, and employment of personnel; amending |
| 41 | s. 350.061, F.S.; providing for appointment of the Public |
| 42 | Counsel by, and service of the Public Counsel at the |
| 43 | pleasure of, the Attorney General; amending ss. 350.0613 |
| 44 | and 350.0614, F.S.; providing powers and duties of the |
| 45 | Attorney General regarding the Public Counsel and his or |
| 46 | her employees to conform provisions to the transfer of the |
| 47 | Office of Public Counsel; transferring the Office of |
| 48 | Public Counsel from the legislative branch to the Office |
| 49 | of the Attorney General; repealing s. 350.121, F.S.; |
| 50 | relating to commission inquiries; creating s. 350.122, |
| 51 | F.S.; requiring persons testifying before the Public |
| 52 | Service Commission to disclose certain financial and |
| 53 | fiduciary relationships; providing that a determination by |
| 54 | the commission that a violation occurred constitutes |
| 55 | agency action for which a hearing may be sought; providing |
| 56 | an effective date. |
| 57 |
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| 58 | Be It Enacted by the Legislature of the State of Florida: |
| 59 |
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| 60 | Section 1. Paragraphs (a) and (c) of subsection (8) of |
| 61 | section 112.324, Florida Statutes, are amended to read: |
| 62 | 112.324 Procedures on complaints of violations; public |
| 63 | records and meeting exemptions.- |
| 64 | (8) If, in cases pertaining to complaints other than |
| 65 | complaints against impeachable officers or members of the |
| 66 | Legislature, upon completion of a full and final investigation |
| 67 | by the commission, the commission finds that there has been a |
| 68 | violation of this part or of s. 8, Art. II of the State |
| 69 | Constitution, it shall be the duty of the commission to report |
| 70 | its findings and recommend appropriate action to the proper |
| 71 | disciplinary official or body as follows, and such official or |
| 72 | body shall have the power to invoke the penalty provisions of |
| 73 | this part, including the power to order the appropriate |
| 74 | elections official to remove a candidate from the ballot for a |
| 75 | violation of s. 112.3145 or s. 8(a) and (i), Art. II of the |
| 76 | State Constitution: |
| 77 | (a) The President of the Senate and the Speaker of the |
| 78 | House of Representatives, jointly, in any case concerning the |
| 79 | Public Counsel, members of the Public Service Commission, |
| 80 | members of the Public Service Commission Nominating Council, the |
| 81 | Auditor General, the director of the Office of Program Policy |
| 82 | Analysis and Government Accountability, or members of the |
| 83 | Legislative Committee on Intergovernmental Relations. |
| 84 | (c) The President of the Senate, in any case concerning an |
| 85 | employee of the Senate; the Speaker of the House of |
| 86 | Representatives, in any case concerning an employee of the House |
| 87 | of Representatives; or the President and the Speaker, jointly, |
| 88 | in any case concerning an employee of a committee of the |
| 89 | Legislature whose members are appointed solely by the President |
| 90 | and the Speaker or in any case concerning an employee of the |
| 91 | Public Counsel, Public Service Commission, Auditor General, |
| 92 | Office of Program Policy Analysis and Government Accountability, |
| 93 | or Legislative Committee on Intergovernmental Relations. |
| 94 | Section 2. Section 350.001, Florida Statutes, is amended |
| 95 | to read: |
| 96 | 350.001 Legislative intent.- |
| 97 | (1) The Florida Public Service Commission has been and |
| 98 | shall continue to be an arm of the legislative branch of |
| 99 | government. In the exercise of its jurisdiction, the commission |
| 100 | may not establish or implement any regulatory policy that is |
| 101 | contrary to, or is an expansion of, the authority granted to it |
| 102 | by the Legislature. |
| 103 | (2) The Public Service Commission shall perform its duties |
| 104 | independently, impartially, professionally, honorably, and |
| 105 | without undue influence from any person, pursuant to s. 350.041. |
| 106 | (3) It is the desire of the Legislature that the Governor |
| 107 | participate in the appointment process of commissioners to the |
| 108 | Public Service Commission. The Legislature accordingly delegates |
| 109 | to the Governor a limited authority with respect to the Public |
| 110 | Service Commission by authorizing him or her to participate in |
| 111 | the selection of members only in the manner prescribed by s. |
| 112 | 350.031. |
| 113 | Section 3. Section 350.012, Florida Statutes, is repealed. |
| 114 | Section 4. Paragraphs (b) and (d) of subsection (1) of |
| 115 | section 350.031, Florida Statutes, are amended to read: |
| 116 | 350.031 Florida Public Service Commission Nominating |
| 117 | Council.- |
| 118 | (1) |
| 119 | (b) All terms shall be for 4 years except those members of |
| 120 | the House and Senate, who shall serve 2-year terms concurrent |
| 121 | with the 2-year elected terms of House members. All terms of the |
| 122 | members of the Public Service Commission Nominating Council |
| 123 | existing on June 30, 2008, shall terminate upon the effective |
| 124 | date of this act; however, such members may serve an additional |
| 125 | term if reappointed by the Speaker of the House of |
| 126 | Representatives or the President of the Senate. To establish |
| 127 | staggered terms, appointments of members shall be made for |
| 128 | initial terms to begin on July 1, 2008, with each appointing |
| 129 | officer to appoint three legislator members, one of whom shall |
| 130 | be a member of the minority party, to terms through the |
| 131 | remainder of the 2-year elected terms of House members; one |
| 132 | nonlegislator member to a 6-month term; one nonlegislator member |
| 133 | to an 18-month term; and one nonlegislator member to a 42-month |
| 134 | term. Thereafter, the terms of the nonlegislator members of the |
| 135 | Public Service Commission Nominating Council shall begin on |
| 136 | January 2 of the year the term commences and end 4 years later |
| 137 | on January 1. |
| 138 | (d) Vacancies on the council shall be filled for the |
| 139 | unexpired portion of the term in the same manner as original |
| 140 | appointments to the council. A member may not be reappointed to |
| 141 | the council, except for a member of the House of Representatives |
| 142 | or the Senate who may be appointed to two 2-year terms, members |
| 143 | who are reappointed pursuant to paragraph (b), or a person who |
| 144 | is appointed to fill the remaining portion of an unexpired term. |
| 145 | Section 5. Section 350.035, Florida Statutes, is created |
| 146 | to read: |
| 147 | 350.035 Prohibited influence on commissioners and |
| 148 | commission staff.- |
| 149 | (1)(a) Neither the Governor, the President of the Senate, |
| 150 | the Speaker of the House of Representatives, nor a member of the |
| 151 | Public Service Commission Nominating Council may attempt to sway |
| 152 | the independent judgment of the commission by bringing pressure |
| 153 | to bear upon a commissioner or commission employee through that |
| 154 | person's role in the nomination, appointment, or confirmation of |
| 155 | commissioners. |
| 156 | (b) The Commission on Ethics shall receive and investigate |
| 157 | sworn complaints of violations of this subsection pursuant to |
| 158 | ss. 112.322-112.3241. |
| 159 | (2)(a) To ensure that each commissioner, as a member of a |
| 160 | collegial body, is afforded the benefit of unbiased and |
| 161 | independent analysis and advice from its professional and |
| 162 | technical staff, an individual commissioner may not demand or |
| 163 | require any member of the commission staff, other than the |
| 164 | commissioner's direct staff, to develop, present, or pursue a |
| 165 | particular opinion, position, or course of action in relation to |
| 166 | any substantive matter pending before the commission or a panel |
| 167 | of commissioners. This paragraph does not prohibit the |
| 168 | commission, as a collegial body, from directing its staff to |
| 169 | pursue a course of action consistent with direction provided by |
| 170 | the collegial body. Further, this paragraph is not intended to |
| 171 | prohibit an individual commissioner from any otherwise lawful |
| 172 | communication with commission staff, including any expression of |
| 173 | opinion, position, or concern regarding a matter within the |
| 174 | jurisdiction of the commission. A violation of this subsection |
| 175 | is an act of malfeasance for purposes of ss. 112.3187-112.31895. |
| 176 | (b) The inspector general of the commission shall receive |
| 177 | and investigate complaints of violations of this subsection. |
| 178 | Section 6. Section 350.04, Florida Statutes, is amended to |
| 179 | read: |
| 180 | 350.04 Qualifications of commissioners; training and |
| 181 | continuing education.- |
| 182 | (1) A commissioner may not, at the time of appointment or |
| 183 | during his or her term of office: |
| 184 | (a)(1) Have any financial interest, other than ownership |
| 185 | of shares in a mutual fund, in any business entity which, either |
| 186 | directly or indirectly, owns or controls any public utility |
| 187 | regulated by the commission, in any public utility regulated by |
| 188 | the commission, or in any business entity which, either directly |
| 189 | or indirectly, is an affiliate or subsidiary of any public |
| 190 | utility regulated by the commission. |
| 191 | (b)(2) Be employed by or engaged in any business activity |
| 192 | with any business entity which, either directly or indirectly, |
| 193 | owns or controls any public utility regulated by the commission, |
| 194 | by any public utility regulated by the commission, or by any |
| 195 | business entity which, either directly or indirectly, is an |
| 196 | affiliate or subsidiary of any public utility regulated by the |
| 197 | commission. |
| 198 | (2) Before voting on any matter before the commission, |
| 199 | each person appointed to the commission after July 1, 2011, must |
| 200 | complete a comprehensive course of study that is developed by |
| 201 | the commission's executive director and general counsel in |
| 202 | coordination with the National Association of Regulatory Utility |
| 203 | Commissioners Subcommittee on Education and Research and that |
| 204 | addresses the substantive matters within the jurisdiction of the |
| 205 | commission, administrative law applicable to commission |
| 206 | proceedings, and standards of conduct applicable to |
| 207 | commissioners. Thereafter, each commissioner must annually |
| 208 | complete no less than 10 hours of continuing professional |
| 209 | education directly related to substantive matters within the |
| 210 | jurisdiction of the commission. |
| 211 | (3) At least once every 12 months, each commissioner and |
| 212 | commission employee must receive training, in a form developed |
| 213 | by the commission's executive director and general counsel, |
| 214 | which addresses the ethical standards of conduct applicable to |
| 215 | commissioners and the commission's staff. |
| 216 | (4) The chair of the commission shall certify the |
| 217 | commission's compliance with the requirements provided in this |
| 218 | section, and each commissioner shall certify his or her |
| 219 | individual compliance with the continuing professional education |
| 220 | requirements provided in subsection (2). Each certification of |
| 221 | compliance shall be provided to the President of the Senate and |
| 222 | the Speaker of the House of Representatives. |
| 223 | Section 7. Section 350.041, Florida Statutes, is amended |
| 224 | to read: |
| 225 | 350.041 Commissioners; standards of conduct.- |
| 226 | (1) STATEMENT OF INTENT.- |
| 227 | (a) Professional, impartial, and honorable commissioners |
| 228 | are indispensable to the effective performance of the |
| 229 | commission's duties. A commissioner shall maintain high |
| 230 | standards of conduct and shall personally observe those |
| 231 | standards so that the integrity and impartiality of the |
| 232 | commission may be preserved. The standards of conduct provided |
| 233 | in this section should be construed and applied to further that |
| 234 | objective. |
| 235 | (b) In addition to the provisions of part III of chapter |
| 236 | 112, which are applicable to public service commissioners by |
| 237 | virtue of their being public officers and full-time employees of |
| 238 | the legislative branch of government, the conduct of public |
| 239 | service commissioners shall be governed by the standards of |
| 240 | conduct provided in this section. Nothing shall prohibit the |
| 241 | standards of conduct from being more restrictive than part III |
| 242 | of chapter 112. Further, this section shall not be construed to |
| 243 | contravene the restrictions of part III of chapter 112. In the |
| 244 | event of a conflict between this section and part III of chapter |
| 245 | 112, the more restrictive provision shall apply. |
| 246 | (2) STANDARDS OF CONDUCT.- |
| 247 | (a) A commissioner may not accept anything from any |
| 248 | business entity which, either directly or indirectly, owns or |
| 249 | controls any public utility regulated by the commission, from |
| 250 | any public utility regulated by the commission, or from any |
| 251 | business entity which, either directly or indirectly, is an |
| 252 | affiliate or subsidiary of any public utility regulated by the |
| 253 | commission. A commissioner may attend conferences and associated |
| 254 | meals and events that are generally available to all conference |
| 255 | participants without payment of any fees in addition to the |
| 256 | conference fee. Additionally, while attending a conference, a |
| 257 | commissioner may attend meetings, meals, or events that are not |
| 258 | sponsored, in whole or in part, by any representative of any |
| 259 | public utility regulated by the commission and that are limited |
| 260 | to commissioners only, committee members, or speakers if the |
| 261 | commissioner is a member of a committee of the association of |
| 262 | regulatory agencies that organized the conference or is a |
| 263 | speaker at the conference. It is not a violation of this |
| 264 | paragraph for a commissioner to attend a conference for which |
| 265 | conference participants who are employed by a utility regulated |
| 266 | by the commission have paid a higher conference registration fee |
| 267 | than the commissioner, or to attend a meal or event that is |
| 268 | generally available to all conference participants without |
| 269 | payment of any fees in addition to the conference fee and that |
| 270 | is sponsored, in whole or in part, by a utility regulated by the |
| 271 | commission. If, during the course of an investigation by the |
| 272 | Commission on Ethics into an alleged violation of this |
| 273 | paragraph, allegations are made as to the identity of the person |
| 274 | giving or providing the prohibited gift, that person must be |
| 275 | given notice and an opportunity to participate in the |
| 276 | investigation and relevant proceedings to present a defense. If |
| 277 | the Commission on Ethics determines that the person gave or |
| 278 | provided a prohibited gift, the person may not appear before the |
| 279 | commission or otherwise represent anyone before the commission |
| 280 | for a period of 2 years. |
| 281 | (b) A commissioner may not accept any form of employment |
| 282 | with or engage in any business activity with any business entity |
| 283 | which, either directly or indirectly, owns or controls any |
| 284 | public utility regulated by the commission, any public utility |
| 285 | regulated by the commission, or any business entity which, |
| 286 | either directly or indirectly, is an affiliate or subsidiary of |
| 287 | any public utility regulated by the commission. |
| 288 | (c) A commissioner may not have any financial interest, |
| 289 | other than shares in a mutual fund, in any public utility |
| 290 | regulated by the commission, in any business entity which, |
| 291 | either directly or indirectly, owns or controls any public |
| 292 | utility regulated by the commission, or in any business entity |
| 293 | which, either directly or indirectly, is an affiliate or |
| 294 | subsidiary of any public utility regulated by the commission. If |
| 295 | a commissioner acquires any financial interest prohibited by |
| 296 | this section during his or her term of office as a result of |
| 297 | events or actions beyond the commissioner's control, he or she |
| 298 | shall immediately sell such financial interest or place such |
| 299 | financial interest in a blind trust at a financial institution. |
| 300 | A commissioner may not attempt to influence, or exercise any |
| 301 | control over, decisions regarding the blind trust. |
| 302 | (d) A commissioner may not accept anything from a party in |
| 303 | a proceeding currently pending before the commission. If, during |
| 304 | the course of an investigation by the Commission on Ethics into |
| 305 | an alleged violation of this paragraph, allegations are made as |
| 306 | to the identity of the person giving or providing the prohibited |
| 307 | gift, that person must be given notice and an opportunity to |
| 308 | participate in the investigation and relevant proceedings to |
| 309 | present a defense. If the Commission on Ethics determines that |
| 310 | the person gave or provided a prohibited gift, the person may |
| 311 | not appear before the commission or otherwise represent anyone |
| 312 | before the commission for a period of 2 years. |
| 313 | (e) A commissioner may not serve as the representative of |
| 314 | any political party or on any executive committee or other |
| 315 | governing body of a political party; serve as an executive |
| 316 | officer or employee of any political party, committee, |
| 317 | organization, or association; receive remuneration for |
| 318 | activities on behalf of any candidate for public office; engage |
| 319 | on behalf of any candidate for public office in the solicitation |
| 320 | of votes or other activities on behalf of such candidacy; or |
| 321 | become a candidate for election to any public office without |
| 322 | first resigning from office. |
| 323 | (f) A commissioner, during his or her term of office, may |
| 324 | not make any public comment regarding the merits of any |
| 325 | proceeding under ss. 120.569 and 120.57 currently pending before |
| 326 | the commission. |
| 327 | (g) A commissioner may not conduct himself or herself in |
| 328 | an unprofessional manner at any time during the performance of |
| 329 | his or her official duties. |
| 330 | (h) The commission chair shall require order and decorum |
| 331 | in proceedings before the commission. In the absence of the |
| 332 | chair, the commissioner presiding over a commission proceeding |
| 333 | shall require order and decorum in the proceeding. |
| 334 | (i) A commissioner shall be patient, dignified, and |
| 335 | courteous to litigants, other commissioners, witnesses, lawyers, |
| 336 | commission staff, and others with whom the commissioner deals in |
| 337 | an official capacity. |
| 338 | (j) A commissioner shall perform his or her official |
| 339 | duties without bias or prejudice. A commissioner may not, in the |
| 340 | performance of his or her official duties, by words or conduct |
| 341 | manifest bias or prejudice. |
| 342 | (k) A commissioner may not, with respect to parties or |
| 343 | classes of parties, cases, controversies, or issues likely to |
| 344 | come before the commission, make pledges, promises, or |
| 345 | commitments that are inconsistent with the impartial performance |
| 346 | of the commissioner's official duties. |
| 347 | (l) A commissioner may not be swayed by partisan |
| 348 | interests, public clamor, or fear of criticism. |
| 349 | (m)(h) A commissioner must avoid impropriety in all of his |
| 350 | or her activities and must act at all times in a manner that |
| 351 | promotes public confidence in the integrity and impartiality of |
| 352 | the commission. |
| 353 | (n)(i) A commissioner may not directly or indirectly, |
| 354 | through staff or other means, solicit anything of value from any |
| 355 | public utility regulated by the commission, or from any business |
| 356 | entity that, whether directly or indirectly, is an affiliate or |
| 357 | subsidiary of any public utility regulated by the commission, or |
| 358 | from any party appearing in a proceeding considered by the |
| 359 | commission in the last 2 years. |
| 360 | (3) INVESTIGATIONS; REPORTS; ADVISORY OPINIONS.- |
| 361 | (a) The Commission on Ethics shall accept and investigate |
| 362 | any alleged violations of this section pursuant to the |
| 363 | procedures contained in ss. 112.322-112.3241. |
| 364 | (b) The Commission on Ethics shall provide the Governor |
| 365 | and the Florida Public Service Commission Nominating Council |
| 366 | with a report of its findings and recommendations with respect |
| 367 | to alleged violations by a public service commissioner. The |
| 368 | Governor is authorized to enforce such the findings and |
| 369 | recommendations of the Commission on Ethics, pursuant to part |
| 370 | III of chapter 112. |
| 371 | (c) A public service commissioner, a commission employee, |
| 372 | or a member of the Florida Public Service Commission Nominating |
| 373 | Council may request an advisory opinion from the Commission on |
| 374 | Ethics, pursuant to s. 112.322(3)(a), regarding the standards of |
| 375 | conduct or prohibitions set forth in this section and ss. |
| 376 | 350.031, 350.04, and 350.042. |
| 377 | Section 8. Section 350.042, Florida Statutes, is amended |
| 378 | to read: |
| 379 | 350.042 Ex parte communications.- |
| 380 | (1) Each A commissioner and member of a commissioner's |
| 381 | direct staff shall should accord to every person who is a party |
| 382 | to or registered with the commission as an interested person in |
| 383 | a proposed agency action proceeding or a party to a proceeding |
| 384 | under s. 120.565, s. 120.569, or s. 120.57 legally interested in |
| 385 | a proceeding, or the person's lawyer, full right to be heard |
| 386 | according to law, and, except as authorized by law, shall not |
| 387 | neither initiate, solicit, or nor consider ex parte |
| 388 | communications concerning a pending proposed agency action the |
| 389 | merits, threat, or offer of reward in any proceeding or a |
| 390 | proceeding under s. 120.565, s. 120.569, or s. 120.57 other than |
| 391 | a proceeding under s. 120.54 or s. 120.565, workshops, or |
| 392 | internal affairs meetings. No individual shall discuss ex parte |
| 393 | with a commissioner or a member of a commissioner's direct staff |
| 394 | the merits of any issue that he or she reasonably foresees knows |
| 395 | will be filed with the commission within 90 days. The provisions |
| 396 | of this subsection shall not apply to commission staff other |
| 397 | than members of a commissioner's direct staff. |
| 398 | (a) As used in this section, the term "ex parte |
| 399 | communication" means any communication that: |
| 400 | 1. If it is a written or printed communication or a |
| 401 | communication in electronic form, is not served on all parties |
| 402 | to a proceeding; or |
| 403 | 2. If it is an oral communication, is made without |
| 404 | adequate notice to the parties and without an opportunity for |
| 405 | the parties to be present and heard. |
| 406 | (b) When circumstances require, ex parte communications |
| 407 | concerning scheduling, administrative purposes, or emergencies |
| 408 | that do not deal with substantive matters or issues on the |
| 409 | merits are authorized, if: |
| 410 | 1. The commissioner or member of a commissioner's direct |
| 411 | staff reasonably believes that no party will gain a procedural |
| 412 | or tactical advantage as a result of the ex parte communication; |
| 413 | and |
| 414 | 2. The commissioner or member of a commissioner's direct |
| 415 | staff makes provision promptly to notify all parties of the |
| 416 | substance of the ex parte communication and, if possible, allows |
| 417 | all parties an opportunity to respond. |
| 418 | (2) The provisions of this section shall not prohibit an |
| 419 | individual residential ratepayer from communicating with a |
| 420 | commissioner or member of a commissioner's direct staff, |
| 421 | provided that the ratepayer is representing only himself or |
| 422 | herself, without compensation. |
| 423 | (3) This section shall not apply to oral communications or |
| 424 | discussions in scheduled and noticed open public meetings of |
| 425 | educational programs or of a conference or other meeting of an |
| 426 | association of regulatory agencies. |
| 427 | (4) If a commissioner or member of a commissioner's direct |
| 428 | staff knowingly receives an ex parte communication prohibited by |
| 429 | this section relative to a proceeding other than as set forth in |
| 430 | subsection (1), to which he or she is assigned, he or she must |
| 431 | place on the record of the proceeding copies of all written |
| 432 | communications received, all written responses to the |
| 433 | communications, and a memorandum stating the substance of all |
| 434 | oral communications received and all oral responses made, and |
| 435 | shall give written notice to all parties to the communication |
| 436 | that such matters have been placed on the record. Any party to |
| 437 | the proceeding who desires to respond to the an ex parte |
| 438 | communication may do so. The response must be received by the |
| 439 | commission within 10 days after receiving notice that the ex |
| 440 | parte communication has been placed on the record. The |
| 441 | commissioner may, if he or she deems it necessary to eliminate |
| 442 | the effect of an ex parte communication received by him or her, |
| 443 | withdraw from the proceeding, in which case the chair shall |
| 444 | substitute another commissioner for the proceeding. |
| 445 | (5) Any individual who makes an ex parte communication |
| 446 | prohibited by this section shall submit to the commission a |
| 447 | written statement describing the nature of such communication, |
| 448 | to include the name of the person making the communication, the |
| 449 | name of each the commissioner or direct staff member of a |
| 450 | commissioner commissioners receiving the communication, copies |
| 451 | of all written communications made, all written responses to |
| 452 | such communications, and a memorandum stating the substance of |
| 453 | all oral communications received and all oral responses made. |
| 454 | The commission shall place on the record of a proceeding all |
| 455 | such communications. |
| 456 | (6) Any commissioner or member of a commissioner's direct |
| 457 | staff who knowingly fails to place on the record any ex parte |
| 458 | communication prohibited by this section such communications, in |
| 459 | violation of this the section, within 15 days after of the date |
| 460 | of the such communication is subject to removal or dismissal and |
| 461 | may be assessed a civil penalty not to exceed $5,000. Any |
| 462 | individual who knowingly fails to comply with subsection (5) may |
| 463 | be assessed a civil penalty not to exceed $5,000. |
| 464 | (7)(a) It is shall be the duty of the Commission on Ethics |
| 465 | to receive and investigate sworn complaints of violations of |
| 466 | this section pursuant to the procedures contained in ss. |
| 467 | 112.322-112.3241. |
| 468 | (b) If the Commission on Ethics finds that there has been |
| 469 | a violation of this section by a public service commissioner or |
| 470 | member of a commissioner's direct staff, it shall provide the |
| 471 | Governor and the Florida Public Service Commission Nominating |
| 472 | Council with a report of its findings and recommendations. The |
| 473 | Governor is authorized to enforce the findings and |
| 474 | recommendations of the Commission on Ethics, pursuant to part |
| 475 | III of chapter 112. |
| 476 | (c) If a commissioner, a member of a commissioner's direct |
| 477 | staff, or any other individual fails or refuses to pay the |
| 478 | Commission on Ethics any civil penalties assessed pursuant to |
| 479 | the provisions of this section, the Commission on Ethics may |
| 480 | bring an action in any circuit court to enforce the such |
| 481 | penalty. |
| 482 | (d) If, during the course of an investigation by the |
| 483 | Commission on Ethics into an alleged violation of this section, |
| 484 | allegations are made as to the identity of the person who |
| 485 | participated in the ex parte communication, that person must be |
| 486 | given notice and an opportunity to participate in the |
| 487 | investigation and relevant proceedings to present a defense. If |
| 488 | the Commission on Ethics determines that the person participated |
| 489 | in the ex parte communication, the person may not appear before |
| 490 | the commission or otherwise represent anyone before the |
| 491 | commission for a period of 2 years. |
| 492 | Section 9. Subsections (1), (2), and (3) of section |
| 493 | 350.06, Florida Statutes, are amended to read: |
| 494 | 350.06 Place of meeting; expenditures; employment of |
| 495 | personnel; records availability and fees.- |
| 496 | (1) The offices of the commission said commissioners shall |
| 497 | be in the vicinity of Tallahassee, but the commissioners may |
| 498 | hold sessions anywhere in the state at their discretion. |
| 499 | (2) All sums of money authorized to be paid on account of |
| 500 | the commission said commissioners shall be paid out of the State |
| 501 | Treasury only on the order of the Chief Financial Officer. |
| 502 | (3)(a) The commission shall commissioners may employ an |
| 503 | executive director, a general counsel, and an inspector general |
| 504 | clerical, technical, and professional personnel reasonably |
| 505 | necessary for the performance of their duties and may also |
| 506 | employ one or more persons capable of stenographic court |
| 507 | reporting, to be known as the official reporters of the |
| 508 | commission. Selection of the executive director shall be subject |
| 509 | to confirmation by the Senate. Until such time as the Senate |
| 510 | confirms the selection of the executive director, the individual |
| 511 | selected shall perform the functions of the position. If the |
| 512 | Senate refuses to confirm or fails to consider the selection |
| 513 | during its next regular session, the commission shall, within 30 |
| 514 | days, select another individual for Senate confirmation. This |
| 515 | process shall continue until the Senate has confirmed a |
| 516 | selection. In case of a vacancy in the position of executive |
| 517 | director, the commission shall select a new executive director |
| 518 | in the same manner as the original selection. |
| 519 | (b) Each commissioner may employ a chief advisor and an |
| 520 | executive assistant to serve as the direct staff of the |
| 521 | commissioner. |
| 522 | (c) Notwithstanding any other provision of law, the |
| 523 | executive director shall employ clerical, technical, and |
| 524 | professional personnel reasonably necessary to assist the |
| 525 | commission in the performance of its duties and may employ one |
| 526 | or more persons capable of stenographic court reporting to be |
| 527 | known as the official reporters of the commission. The executive |
| 528 | director shall have sole authority with respect to employment, |
| 529 | compensation, supervision, and direction of agency personnel |
| 530 | other than those personnel employed by the commission and |
| 531 | individual commissioners under paragraphs (a) and (b). |
| 532 | (d) The general counsel shall, in consultation with the |
| 533 | executive director, employ attorneys, paralegals, legal |
| 534 | secretaries, and other personnel reasonably necessary to assist |
| 535 | the commission in the performance of its duties. |
| 536 | Section 10. Subsection (1) of section 350.061, Florida |
| 537 | Statutes, is amended to read: |
| 538 | 350.061 Public Counsel; appointment; oath; restrictions on |
| 539 | Public Counsel and his or her employees.- |
| 540 | (1) The Attorney General Committee on Public Counsel |
| 541 | Oversight shall appoint a Public Counsel by majority vote of the |
| 542 | members of the committee to represent the general public of |
| 543 | Florida before the Florida Public Service Commission. The Public |
| 544 | Counsel shall be an attorney admitted to practice before the |
| 545 | Florida Supreme Court and shall serve at the pleasure of the |
| 546 | Attorney General Committee on Public Counsel Oversight, subject |
| 547 | to biennial reconfirmation by the committee. The Public Counsel |
| 548 | shall perform his or her duties independently. Vacancies in the |
| 549 | office shall be filled in the same manner as the original |
| 550 | appointment. |
| 551 | Section 11. Section 350.0613, Florida Statutes, is amended |
| 552 | to read: |
| 553 | 350.0613 Public Counsel; employees; receipt of pleadings.- |
| 554 | The Attorney General committee may authorize the Public Counsel |
| 555 | to employ clerical and technical assistants whose |
| 556 | qualifications, duties, and responsibilities the Attorney |
| 557 | General committee shall from time to time prescribe. The |
| 558 | Attorney General committee may from time to time authorize |
| 559 | retention of the services of additional attorneys or experts to |
| 560 | the extent that the best interests of the people of the state |
| 561 | will be better served thereby, including the retention of expert |
| 562 | witnesses and other technical personnel for participation in |
| 563 | contested proceedings before the commission. The commission |
| 564 | shall furnish the Public Counsel with copies of the initial |
| 565 | pleadings in all proceedings before the commission, and if the |
| 566 | Public Counsel intervenes as a party in any proceeding he or she |
| 567 | shall be served with copies of all subsequent pleadings, |
| 568 | exhibits, and prepared testimony, if used. Upon filing notice of |
| 569 | intervention, the Public Counsel shall serve all interested |
| 570 | parties with copies of such notice and all of his or her |
| 571 | subsequent pleadings and exhibits. |
| 572 | Section 12. Section 350.0614, Florida Statutes, is amended |
| 573 | to read: |
| 574 | 350.0614 Public Counsel; compensation and expenses.- |
| 575 | (1) The salaries and expenses of the Public Counsel and |
| 576 | his or her employees shall be allocated by the Attorney General |
| 577 | committee only from moneys appropriated to the Public Counsel by |
| 578 | the Legislature. |
| 579 | (2) The Legislature declares and determines that the |
| 580 | Public Counsel is under the legislative branch of government |
| 581 | within the intention of the legislation as expressed in chapter |
| 582 | 216, and no power shall be in the Executive Office of the |
| 583 | Governor or its successor to release or withhold funds |
| 584 | appropriated to it, but the same shall be available for |
| 585 | expenditure as provided by law and the rules or decisions of the |
| 586 | Committee on Public Counsel Oversight. |
| 587 | (3) Neither the Executive Office of the Governor nor the |
| 588 | Department of Management Services or its successor shall have |
| 589 | power to determine the number, or fix the compensation, of the |
| 590 | employees of the Public Counsel or to exercise any manner of |
| 591 | control over them. |
| 592 | Section 13. (1) All powers, duties, functions, records, |
| 593 | offices, personnel, property, pending issues, and existing |
| 594 | contracts, administrative authority, administrative rules, and |
| 595 | unexpended balances of appropriations, allocations, and other |
| 596 | funds relating to the Office of Public Counsel pursuant to s. |
| 597 | 350.061, Florida Statutes, are transferred by a type two |
| 598 | transfer, as defined in s. 20.06(2), Florida Statutes, from the |
| 599 | Legislature to the Office of the Attorney General. The Office of |
| 600 | Public Counsel shall be funded from the General Revenue Fund. |
| 601 | (2) Notwithstanding ss. 216.292 and 216.351, Florida |
| 602 | Statutes, upon approval by the Legislative Budget Commission, |
| 603 | the Executive Office of the Governor shall transfer funds and |
| 604 | positions between the Legislature and the Office of the Attorney |
| 605 | General to implement this act. |
| 606 | Section 14. Section 350.121, Florida Statutes, is |
| 607 | repealed. |
| 608 | Section 15. Section 350.122, Florida Statutes, is created |
| 609 | to read: |
| 610 | 350.122 Testimony; public disclosure of affiliation.- |
| 611 | (1) Each person offering testimony at a meeting, workshop, |
| 612 | hearing, or other scheduled event of the commission shall |
| 613 | disclose any financial or fiduciary relationship with any party |
| 614 | to the proceedings at the time the testimony is provided to the |
| 615 | commission. |
| 616 | (2) The determination by the commission that a person has |
| 617 | knowingly violated this section constitutes agency action for |
| 618 | which a hearing may be sought under chapter 120. |
| 619 | Section 16. This act shall take effect July 1, 2011. |