Senate Bill 0426

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    Florida Senate - 1998                                   SB 426

    By Senators Crist, Brown-Waite and Cowin





    20-172-98

  1                      A bill to be entitled

  2         An act relating to the Florida Public Service

  3         Commission; amending s. 350.01, F.S.; providing

  4         for nonpartisan election of members of the

  5         commission; providing for the initial election

  6         of commissioners under this act; amending ss.

  7         350.001, 350.04, 350.041, 350.043, 350.0605,

  8         112.324, F.S., to conform; repealing s.

  9         350.031, F.S., relating to the Florida Public

10         Service Commission Nominating Council;

11         providing an effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Section 350.01, Florida Statutes, is

16  amended to read:

17         (Substantial rewording of section.  See s. 350.01,

18  F.S., for present text.)

19         350.01  Florida Public Service Commissioners;

20  election.--

21         (1)  The Florida Public Service Commission shall

22  consist of five commissioners elected by the electors of this

23  state on a nonpartisan basis.  The primary election for a seat

24  on the Florida Public Service Commission shall be held at the

25  first primary, and, if a runoff election is necessary, the

26  runoff election shall be held at the general election.

27         (2)  Each seat on the Florida Public Service Commission

28  shall be designated by a number: one, two, three, four, or

29  five.  A candidate for the office of Florida Public Service

30  Commissioner must qualify for a specific, numbered seat.  The

31  term of office of Florida Public Service Commissioners is 4

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    Florida Senate - 1998                                   SB 426
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  1  years, beginning on the first Tuesday after the first Monday

  2  in January of the year succeeding the general election at

  3  which the commissioner is elected.

  4         Section 2.  Notwithstanding any other provision of law:

  5         (1)  The term of office of each person serving as a

  6  Florida Public Service Commissioner on January 1, 2001,

  7  expires on January 2, 2001.

  8         (2)  At the general election in 2000, five persons

  9  shall be elected to the office of Florida Public Service

10  Commissioner.  Candidates shall qualify in the manner provided

11  by general law for candidates for statewide office, and the

12  election shall be conducted in the manner provided by general

13  law for elections for statewide office.

14         (3)  The term of office of each person elected to an

15  odd-numbered seat on the Florida Public Service Commission in

16  the general election in 2000 is 4 years, beginning on January

17  2, 2001; and the initial term of office of each person elected

18  to an even-numbered seat on the Florida Public Service

19  Commission in the general election in 2000 is 2 years,

20  beginning on January 2, 2001, after which the term of office

21  is 4 years.

22         Section 3.  Subsection (7) of section 112.324, Florida

23  Statutes, is amended to read:

24         112.324  Procedures on complaints of violations.--

25         (7)  If, in cases pertaining to complaints other than

26  complaints against impeachable officers or members of the

27  Legislature, upon completion of a full and final investigation

28  by the commission, the commission finds that there has been a

29  violation of this part or of s. 8, Art. II of the State

30  Constitution, it shall be the duty of the commission to report

31  its findings and recommend appropriate action to the proper

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    Florida Senate - 1998                                   SB 426
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  1  disciplinary official or body as follows, and such official or

  2  body shall have the power to invoke the penalty provisions of

  3  this part, including the power to order the appropriate

  4  elections official to remove a candidate from the ballot for a

  5  violation of s. 112.3145 or s. 8(a) and (h), Art. II of the

  6  State Constitution:

  7         (a)  The President of the Senate and the Speaker of the

  8  House of Representatives, jointly, in any case concerning the

  9  Public Counsel, members of the Public Service Commission,

10  members of the Public Service Commission Nominating Council,

11  the Auditor General, members of the Legislative Committee on

12  Intergovernmental Relations, or members of the Advisory

13  Council on Environmental Education.

14         (b)  The Supreme Court, in any case concerning an

15  employee of the judicial branch.

16         (c)  The President of the Senate, in any case

17  concerning an employee of the Senate; the Speaker of the House

18  of Representatives, in any case concerning an employee of the

19  House of Representatives; or the President and the Speaker,

20  jointly, in any case concerning an employee of a committee of

21  the Legislature whose members are appointed solely by the

22  President and the Speaker or in any case concerning an

23  employee of the Public Counsel, Public Service Commission,

24  Auditor General, Legislative Committee on Intergovernmental

25  Relations, or Advisory Council on Environmental Education.

26         (d)  Except as otherwise provided by this part, the

27  Governor, in the case of any other public officer, public

28  employee, former public officer or public employee, candidate,

29  or former candidate.

30         (e)  The President of the Senate or the Speaker of the

31  House of Representatives, whichever is applicable, in any case

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  1  concerning a former member of the Legislature who has violated

  2  a provision applicable to former members or whose violation

  3  occurred while a member of the Legislature.

  4         Section 4.  Section 350.001, Florida Statutes, is

  5  amended to read:

  6         350.001  Legislative intent.--The Florida Public

  7  Service Commission has been and shall continue to be an arm of

  8  the legislative branch of government.  It is the desire of the

  9  Legislature that the Governor participate in the appointment

10  process of commissioners to the Public Service Commission.

11  The Legislature accordingly delegates to the Governor a

12  limited authority with respect to the Public Service

13  Commission by authorizing him or her to participate in the

14  selection of members only from the list provided by the

15  Florida Public Service Commission Nominating Council in the

16  manner prescribed by s. 350.031.

17         Section 5.  Section 350.04, Florida Statutes, is

18  amended to read:

19         350.04  Qualifications of commissioners.--A

20  commissioner may not, at the time of election appointment or

21  during his or her term of office:

22         (1)  Have any financial interest, other than ownership

23  of shares in a mutual fund, in any business entity that which,

24  either directly or indirectly, owns or controls any public

25  utility regulated by the commission, in any public utility

26  regulated by the commission, or in any business entity that

27  which, either directly or indirectly, is an affiliate or

28  subsidiary of any public utility regulated by the commission.

29         (2)  Be employed by or engaged in any business activity

30  with any business entity that which, either directly or

31  indirectly, owns or controls any public utility regulated by

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    Florida Senate - 1998                                   SB 426
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  1  the commission, by any public utility regulated by the

  2  commission, or by any business entity that which, either

  3  directly or indirectly, is an affiliate or subsidiary of any

  4  public utility regulated by the commission.

  5         Section 6.  Subsections (1) and (3) of section 350.041,

  6  Florida Statutes, are amended to read:

  7         350.041  Commissioners; standards of conduct.--

  8         (1)  STATEMENT OF INTENT.--In addition to the

  9  provisions of part III of chapter 112, which are applicable to

10  public service commissioners by virtue of their being public

11  officers and full-time employees of the legislative branch of

12  government, the conduct of public service commissioners shall

13  be governed by the standards of conduct provided in this

14  section. Nothing shall prohibit the standards of conduct from

15  being more restrictive than part III of chapter 112.  Further,

16  this section shall not be construed to contravene the

17  restrictions of part III of chapter 112.  In the event of a

18  conflict between this section and part III of chapter 112, the

19  more restrictive provision shall apply.

20         (3)  The Commission on Ethics shall accept and

21  investigate any alleged violations of this section pursuant to

22  the procedures contained in ss. 112.322-112.3241.  The

23  Commission on Ethics shall provide the Governor and the

24  Florida Public Service Commission Nominating Council with a

25  report of its findings and recommendations.  The Governor is

26  authorized to enforce the findings and recommendations of the

27  Commission on Ethics, pursuant to part III of chapter 112. A

28  public service commissioner or a member of the Florida Public

29  Service Commission Nominating Council may request an advisory

30  opinion from the Commission on Ethics, pursuant to s.

31  112.322(3)(a), regarding the standards of conduct or

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    Florida Senate - 1998                                   SB 426
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  1  prohibitions set forth in ss. 350.031, 350.04, 350.041, and

  2  350.042.

  3         Section 7.  Section 350.043, Florida Statutes, is

  4  amended to read:

  5         350.043  Enforcement and interpretation.--Any violation

  6  of s. 350.031, s. 350.04, s. 350.041, s. 350.042, or s.

  7  350.0605 by a commissioner, former commissioner, or former

  8  employee, or Public Service Commission Nominating Council

  9  member shall be punishable as provided in ss. 112.317 and

10  112.324. The Commission on Ethics is hereby given the power

11  and authority to investigate complaints of violation of this

12  chapter in the manner provided in part III of chapter 112, as

13  if this section were included in that part.  A commissioner

14  may request an advisory opinion from the Commission on Ethics

15  as provided by s. 112.322(3)(a).

16         Section 8.  Subsection (3) of section 350.0605, Florida

17  Statutes, is amended to read:

18         350.0605  Former commissioners and employees;

19  representation of clients before commission.--

20         (3)  For a period of 2 years following termination of

21  service on the commission, a former member may not accept

22  employment by or compensation from a business entity which,

23  directly or indirectly, owns or controls a public utility

24  regulated by the commission, from a public utility regulated

25  by the commission, from a business entity which, directly or

26  indirectly, is an affiliate or subsidiary of a public utility

27  regulated by the commission or is an actual business

28  competitor of a local exchange company or public utility

29  regulated by the commission and is otherwise exempt from

30  regulation by the commission under ss. 364.02(7) and

31  366.02(1), or from a business entity or trade association that

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    Florida Senate - 1998                                   SB 426
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  1  has been a party to a commission proceeding within the 2 years

  2  preceding the member's termination of service on the

  3  commission.  This subsection applies only to members of the

  4  Florida Public Service Commission who are appointed, or

  5  reappointed, or elected after May 10, 1993.

  6         Section 9.  Section 350.031, Florida Statutes, is

  7  repealed.

  8         Section 10.  Except for this section and section 2,

  9  which shall take effect upon becoming a law, this act shall

10  take effect January 2, 2001.

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12            *****************************************

13                          SENATE SUMMARY

14    Provides that, beginning with the general election in
      2000, members of the Florida Public Service Commission
15    will be elected, rather than appointed, for 4-year,
      staggered terms.  Abolishes the Florida Public Service
16    Commission Nominating Council.

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