Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 2232
                        Barcode 725736
                            CHAMBER ACTION
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11  Senator Fasano moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 24, lines 21 and 22, delete those lines
15  
16  and insert:  
17         Section 20.  Committee on Public Service Commission
18  Oversight; creation; membership; powers and duties.--
19         (1)  There is created a standing joint committee of the
20  Legislature, designated the Committee on Public Service
21  Commission Oversight, and composed of twelve members appointed
22  as follows: six members of the Senate appointed by the
23  President of the Senate, two of whom must be members of the
24  minority party; and six members of the House of
25  Representatives appointed by the Speaker of the House of
26  Representatives, two of whom must be members of the minority
27  party. The terms of members shall be for 2 years and shall run
28  from the organization of one Legislature to the organization
29  of the next Legislature. The President shall appoint the chair
30  of the committee in even years and the vice chair in odd
31  years, and the Speaker of the House of Representatives shall
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Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 2232 Barcode 725736 1 appoint the chair of the committee in odd years and the vice 2 chair in even years, from among the committee membership. 3 Vacancies shall be filled in the same manner as the original 4 appointment. Members shall serve without additional 5 compensation, but shall be reimbursed for expenses. 6 (2) The committee shall be governed by joint rules of 7 the Senate and the House of Representatives which shall remain 8 in effect until repealed or amended by concurrent resolution. 9 (3) The committee shall: 10 (a) Recommend to the Governor a nominee to fill a 11 vacancy on the Public Service Commission, as provided by 12 general law; and 13 (b) Appoint a Public Counsel as provided by general 14 law. 15 (4) The committee is authorized to file a complaint 16 with the Commission on Ethics alleging a violation of this 17 chapter by a commissioner, former commissioner, former 18 commission employee, or member of the Public Service 19 Commission Nominating Council. 20 (5) The committee will not have a permanent staff, but 21 the President of the Senate and the Speaker of the House of 22 Representatives shall select staff members from among existing 23 legislative staff, when and as needed. 24 Section 21. Section 350.001, Florida Statutes, is 25 amended to read: 26 350.001 Legislative intent.--The Florida Public 27 Service Commission has been and shall continue to be an arm of 28 the legislative branch of government. The Public Service 29 Commission shall perform its duties independently. The 30 Legislature declares and determines that the Public Service 31 Commission is under the legislative branch of government 2 12:12 PM 04/29/05 s2232c2c-11-29h
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 2232 Barcode 725736 1 within the intent expressed in chapter 216. The Executive 2 Office of the Governor or its successor is not authorized to 3 release or withhold funds appropriated to the Public Service 4 Commission, but the Committee on Public Service Commission 5 Oversight shall release or withhold funds appropriated to the 6 Public Service Commission as provided by law and the rules or 7 decisions of the Committee on Public Service Commission 8 Oversight. The Executive Office of the Governor, the 9 Department of Management Services, or any successor may not 10 determine the number, or fix the compensation, of employees of 11 the Public Service Commission and may not exercise any manner 12 of control over the employees of the Public Service 13 Commission. It is the desire of the Legislature that the 14 Governor participate in the appointment process of 15 commissioners to the Public Service Commission. The 16 Legislature accordingly delegates to the Governor a limited 17 authority with respect to the Public Service Commission by 18 authorizing him or her to participate in the selection of 19 members only from the list provided by the Florida Public 20 Service Commission Nominating Council in the manner prescribed 21 by s. 350.031. 22 Section 22. Section 350.031, Florida Statutes, is 23 amended to read: 24 350.031 Florida Public Service Commission Nominating 25 Council.-- 26 (1) There is created a Florida Public Service 27 Commission Nominating Council consisting of nine members. At 28 least one member of the council must be 60 years of age or 29 older. Three members, including one member of the House of 30 Representatives, shall be appointed by and serve at the 31 pleasure of the Speaker of the House of Representatives; three 3 12:12 PM 04/29/05 s2232c2c-11-29h
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 2232 Barcode 725736 1 members, including one member of the Senate, shall be 2 appointed by and serve at the pleasure of the President of the 3 Senate; and three members shall be selected and appointed by a 4 majority vote of the other six members of the council. All 5 terms shall be for 4 years except those members of the House 6 and Senate, who shall serve 2-year terms concurrent with the 7 2-year elected terms of House members. Vacancies on the 8 council shall be filled for the unexpired portion of the term 9 in the same manner as original appointments to the council. A 10 member may not be reappointed to the council, except for a 11 member of the House of Representatives or the Senate who may 12 be appointed to two 2-year terms or a person who is appointed 13 to fill the remaining portion of an unexpired term. 14 (2)(a) No member or spouse shall be the holder of the 15 stocks or bonds of any company, other than through ownership 16 of shares in a mutual fund, regulated by the commission, or 17 any affiliated company of any company regulated by the 18 commission, or be an agent or employee of, or have any 19 interest in, any company regulated by the commission or any 20 affiliated company of any company regulated by the commission, 21 or in any firm which represents in any capacity either 22 companies which are regulated by the commission or affiliates 23 of companies regulated by the commission. As a condition of 24 appointment to the council, each appointee shall affirm to the 25 Speaker and the President his or her qualification by the 26 following certification: "I hereby certify that I am not a 27 stockholder, other than through ownership of shares in a 28 mutual fund, in any company regulated by the commission or in 29 any affiliate of a company regulated by the commission, nor in 30 any way, directly or indirectly, in the employment of, or 31 engaged in the management of any company regulated by the 4 12:12 PM 04/29/05 s2232c2c-11-29h
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 2232 Barcode 725736 1 commission or any affiliate of a company regulated by the 2 commission, or in any firm which represents in any capacity 3 either companies which are regulated by the commission or 4 affiliates of companies regulated by the commission." 5 6 This certification is made as condition to appointment to the 7 Florida Public Service Commission Nominating Council. 8 (b) A member of the council may be removed by the 9 Speaker of the House of Representatives and the President of 10 the Senate upon a finding by the Speaker and the President 11 that the council member has violated any provision of this 12 subsection or for other good cause. 13 (c) If a member of the council does not meet the 14 requirements of this subsection, the President of the Senate 15 or the Speaker of the House of Representatives, as 16 appropriate, shall appoint a legislative replacement. 17 (3) A majority of the membership of the council may 18 conduct any business before the council. All meetings and 19 proceedings of the council shall be staffed by the Office of 20 Legislative Services and shall be subject to the provisions of 21 ss. 119.07 and 286.011. Members of the council are entitled 22 to receive per diem and travel expenses as provided in s. 23 112.061, which shall be funded by the Florida Public Service 24 Regulatory Trust Fund. Applicants invited for interviews 25 before the council may, in the discretion of the council, 26 receive per diem and travel expenses as provided in s. 27 112.061, which shall be funded by the Florida Public Service 28 Regulatory Trust Fund. The council shall establish policies 29 and procedures to govern the process by which applicants are 30 nominated. 31 (4) The council may spend a nominal amount, not to 5 12:12 PM 04/29/05 s2232c2c-11-29h
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 2232 Barcode 725736 1 exceed $10,000, to advertise a vacancy on the council, which 2 shall be funded by the Florida Public Service Regulatory Trust 3 Fund. 4 (5)(4) A person may not be nominated to the Committee 5 on Public Service Commission Oversight Governor until the 6 council has determined that the person is competent and 7 knowledgeable in one or more fields, which shall include, but 8 not be limited to: public affairs, law, economics, 9 accounting, engineering, finance, natural resource 10 conservation, energy, or another field substantially related 11 to the duties and functions of the commission. The commission 12 shall fairly represent the above-stated fields. 13 Recommendations of the council shall be nonpartisan. 14 (6)(5) It is the responsibility of the council to 15 nominate to the Committee on Public Service Commission 16 Oversight Governor not fewer than three persons for each 17 vacancy occurring on the Public Service Commission. The 18 council shall submit the recommendations to the committee 19 Governor by August 1 October 1 of those years in which the 20 terms are to begin the following January, or within 60 days 21 after a vacancy occurs for any reason other than the 22 expiration of the term. 23 (7)(6) The Committee on Public Service Commission 24 Oversight Governor shall select from the list of nominees 25 provided by the nominating council one nominee for 26 recommendation to the Governor for appointment to the 27 commission. The recommendation must be provided to the 28 Governor within 45 days after receipt of the list of nominees. 29 The committee shall make the recommendation fill a vacancy 30 occurring on the Public Service Commission by appointment of 31 one of the applicants nominated by the council only after a 6 12:12 PM 04/29/05 s2232c2c-11-29h
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 2232 Barcode 725736 1 background investigation of the recommended nominee such 2 applicant has been conducted by the Florida Department of Law 3 Enforcement. If the Governor rejects the recommendation or has 4 not made an appointment within 30 days after the receipt of 5 the recommendation by December 1 to fill a vacancy for a term 6 to begin the following January, then the council shall 7 immediately initiate the nominating process in accordance with 8 this section. The council shall include in the process all new 9 applicants and all previous applicants for this vacancy. The 10 council must, within 30 days after the Governor's rejection of 11 the previous recommendation or failure to timely make an 12 appointment, submit to the committee a list of no fewer than 13 three persons for each vacancy. The committee must, within 30 14 days after receipt, select one nominee for recommendation to 15 the Governor for appointment to the commission. If the 16 Governor rejects the recommendation or fails to make an 17 appointment within 30 days after receipt of the 18 recommendation, the council shall immediately initiate the 19 nominating process again with the time periods applicable., by 20 majority vote, shall appoint by December 31 one person from 21 the applicants previously nominated to the Governor to fill 22 the vacancy. If the Governor has not made the appointment to 23 fill a vacancy occurring for any reason other than the 24 expiration of the term by the 60th day following receipt of 25 the nominations of the council, the council by majority vote 26 shall appoint within 30 days thereafter one person from the 27 applicants previously nominated to the Governor to fill the 28 vacancy. 29 (8)(7) Each appointment to the Public Service 30 Commission shall be subject to confirmation by the Senate 31 during the next regular session after the vacancy occurs. If 7 12:12 PM 04/29/05 s2232c2c-11-29h
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 2232 Barcode 725736 1 the Senate refuses to confirm or rejects the Governor's 2 appointment, the council shall initiate, in accordance with 3 this section, the nominating process within 30 days. 4 Section 23. Subsection (2) of section 350.041, Florida 5 Statutes, is amended to read: 6 350.041 Commissioners; standards of conduct.-- 7 (2) STANDARDS OF CONDUCT.-- 8 (a) A commissioner may not accept anything from any 9 business entity which, either directly or indirectly, owns or 10 controls any public utility regulated by the commission, from 11 any public utility regulated by the commission, or from any 12 business entity which, either directly or indirectly, is an 13 affiliate or subsidiary of any public utility regulated by the 14 commission. A commissioner may attend conferences and 15 associated meals and events that are generally available to 16 all conference participants without payment of any fees in 17 addition to the conference fee. Additionally, while attending 18 a conference, a commissioner may attend meetings, meals, or 19 events that are not sponsored, in whole or in part, by any 20 representative of any public utility regulated by the 21 commission and that are limited to commissioners only, 22 committee members, or speakers if the commissioner is a member 23 of a committee of the association of regulatory agencies that 24 organized the conference or is a speaker at the conference. It 25 is not a violation of this paragraph for a commissioner to 26 attend a conference for which conference participants who are 27 employed by a utility regulated by the commission have paid a 28 higher conference registration fee than the commissioner, or 29 to attend a meal or event that is generally available to all 30 conference participants without payment of any fees in 31 addition to the conference fee and that is sponsored, in whole 8 12:12 PM 04/29/05 s2232c2c-11-29h
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 2232 Barcode 725736 1 or in part, by a utility regulated by the commission. If, 2 during the course of an investigation by the Commission on 3 Ethics into an alleged violation of this paragraph, 4 allegations are made as to the identity of the person giving 5 or providing the prohibited gift, that person must be given 6 notice and an opportunity to participate in the investigation 7 and relevant proceedings to present a defense. If the 8 Commission on Ethics determines that the person gave or 9 provided a prohibited gift, the person may not appear before 10 the commission or otherwise represent anyone before the 11 commission for a period of 2 years. 12 (b) A commissioner may not accept any form of 13 employment with or engage in any business activity with any 14 business entity which, either directly or indirectly, owns or 15 controls any public utility regulated by the commission, any 16 public utility regulated by the commission, or any business 17 entity which, either directly or indirectly, is an affiliate 18 or subsidiary of any public utility regulated by the 19 commission. 20 (c) A commissioner may not have any financial 21 interest, other than shares in a mutual fund, in any public 22 utility regulated by the commission, in any business entity 23 which, either directly or indirectly, owns or controls any 24 public utility regulated by the commission, or in any business 25 entity which, either directly or indirectly, is an affiliate 26 or subsidiary of any public utility regulated by the 27 commission. If a commissioner acquires any financial interest 28 prohibited by this section during his or her term of office as 29 a result of events or actions beyond the commissioner's 30 control, he or she shall immediately sell such financial 31 interest or place such financial interest in a blind trust at 9 12:12 PM 04/29/05 s2232c2c-11-29h
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 2232 Barcode 725736 1 a financial institution. A commissioner may not attempt to 2 influence, or exercise any control over, decisions regarding 3 the blind trust. 4 (d) A commissioner may not accept anything from a 5 party in a proceeding currently pending before the commission. 6 If, during the course of an investigation by the Commission on 7 Ethics into an alleged violation of this paragraph, 8 allegations are made as to the identity of the person giving 9 or providing the prohibited gift, that person must be given 10 notice and an opportunity to participate in the investigation 11 and relevant proceedings to present a defense. If the 12 Commission on Ethics determines that the person gave or 13 provided a prohibited gift, the person may not appear before 14 the commission or otherwise represent anyone before the 15 commission for a period of 2 years. 16 (e) A commissioner may not serve as the representative 17 of any political party or on any executive committee or other 18 governing body of a political party; serve as an executive 19 officer or employee of any political party, committee, 20 organization, or association; receive remuneration for 21 activities on behalf of any candidate for public office; 22 engage on behalf of any candidate for public office in the 23 solicitation of votes or other activities on behalf of such 24 candidacy; or become a candidate for election to any public 25 office without first resigning from office. 26 (f) A commissioner, during his or her term of office, 27 may not make any public comment regarding the merits of any 28 proceeding under ss. 120.569 and 120.57 currently pending 29 before the commission. 30 (g) A commissioner may not conduct himself or herself 31 in an unprofessional manner at any time during the performance 10 12:12 PM 04/29/05 s2232c2c-11-29h
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 2232 Barcode 725736 1 of his or her official duties. 2 (h) A commissioner must avoid impropriety in all of 3 his or her activities and must act at all times in a manner 4 that promotes public confidence in the integrity and 5 impartiality of the commission. 6 (i) A commissioner may not directly or indirectly, 7 through staff or other means, solicit any thing of value from 8 any public utility regulated by the commission, or from any 9 business entity that, whether directly or indirectly, is an 10 affiliate or subsidiary of any public utility regulated by the 11 commission, or from any party appearing in a proceeding 12 considered by the commission in the last 2 years. 13 Section 24. Subsection (7) of section 350.042, Florida 14 Statutes, is amended to read: 15 350.042 Ex parte communications.-- 16 (7)(a) It shall be the duty of the Commission on 17 Ethics to receive and investigate sworn complaints of 18 violations of this section pursuant to the procedures 19 contained in ss. 112.322-112.3241. 20 (b) If the Commission on Ethics finds that there has 21 been a violation of this section by a public service 22 commissioner, it shall provide the Governor and the Florida 23 Public Service Commission Nominating Council with a report of 24 its findings and recommendations. The Governor is authorized 25 to enforce the findings and recommendations of the Commission 26 on Ethics, pursuant to part III of chapter 112. 27 (c) If a commissioner fails or refuses to pay the 28 Commission on Ethics any civil penalties assessed pursuant to 29 the provisions of this section, the Commission on Ethics may 30 bring an action in any circuit court to enforce such penalty. 31 (d) If, during the course of an investigation by the 11 12:12 PM 04/29/05 s2232c2c-11-29h
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 2232 Barcode 725736 1 Commission on Ethics into an alleged violation of this 2 paragraph, allegations are made as to the identity of the 3 person who participated in the ex parte communication, that 4 person must be given notice and an opportunity to participate 5 in the investigation and relevant proceedings to present a 6 defense. If the Commission on Ethics determines that the 7 person participated in the ex parte communication, the person 8 may not appear before the commission or otherwise represent 9 anyone before the commission for a period of 2 years. 10 Section 25. Subsection (1) of section 350.061, Florida 11 Statutes, is amended to read: 12 350.061 Public Counsel; appointment; oath; 13 restrictions on Public Counsel and his or her employees.-- 14 (1) The Committee on Public Service Commission 15 Oversight Joint Legislative Auditing Committee shall appoint a 16 Public Counsel by majority vote of the members of the 17 committee to represent the general public of Florida before 18 the Florida Public Service Commission. The Public Counsel 19 shall be an attorney admitted to practice before the Florida 20 Supreme Court and shall serve at the pleasure of the Joint 21 Legislative Auditing Committee on Public Service Commission 22 Oversight, subject to biennial annual reconfirmation by the 23 committee. The Public Counsel shall perform his or her duties 24 independently. Vacancies in the office shall be filled in the 25 same manner as the original appointment. 26 Section 26. Subsection (2) of section 350.0614, 27 Florida Statutes, is amended to read: 28 350.0614 Public Counsel; compensation and expenses.-- 29 (2) The Legislature hereby declares and determines 30 that the Public Counsel is under the legislative branch of 31 government within the intention of the legislation as 12 12:12 PM 04/29/05 s2232c2c-11-29h
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 2232 Barcode 725736 1 expressed in chapter 216, and no power shall be in the 2 Executive Office of the Governor or its successor to release 3 or withhold funds appropriated to it, but the same shall be 4 available for expenditure as provided by law and the rules or 5 decisions of the Joint Auditing Committee on Public Service 6 Commission Oversight. 7 Section 27. Except for sections 20 through 26, which 8 shall take effect October 1, 2005, the penalty provisions of 9 which and the provisions of which that create new standards of 10 conduct apply to violations occurring on or after that date, 11 this act shall take effect upon becoming a law. 12 13 14 ================ T I T L E A M E N D M E N T =============== 15 And the title is amended as follows: 16 On page 1, line 2, delete that line 17 18 and insert: 19 An act relating to the Public Service 20 Commission; creating the Committee on Public 21 Service Commission Oversight as a standing 22 joint committee of the Legislature; providing 23 for its membership, powers, and duties; 24 amending s. 350.001, F.S.; requiring that the 25 commission perform its duties independently; 26 specifying that the Governor has no planning or 27 budgetary authority with respect to the 28 commission; specifying that the Governor and 29 the Department of Management Services have no 30 authority over the commission's employees; 31 amending s. 350.031, F.S.; authorizing the 13 12:12 PM 04/29/05 s2232c2c-11-29h
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 2232 Barcode 725736 1 Florida Public Service Commission Nominating 2 Council to make expenditures to advertise a 3 vacancy on the council or the commission; 4 requiring that the Committee on Public Service 5 Commission Oversight provide a nominee for 6 recommendation to the Governor for appointment 7 to the Public Service Commission; providing 8 procedures; amending s. 350.041, F.S.; 9 clarifying the prohibition against accepting 10 gifts with respect to its application to 11 commissioners attending conferences; requiring 12 that a penalty be imposed against a person who 13 gives a commissioner a prohibited gift; 14 requiring that commissioners avoid impropriety 15 and act in a manner that promotes confidence in 16 the commission; prohibiting a commissioner from 17 soliciting any thing of value, either directly 18 or indirectly, from any public utility, its 19 affiliate, or any party; amending s. 350.042, 20 F.S.; requiring that a penalty be imposed 21 against a person involved in a prohibited ex 22 parte communication with a commissioner; 23 amending s. 350.061, F.S.; requiring that the 24 Committee on Public Service Commission 25 Oversight rather than the Joint Legislative 26 Auditing Committee appoint the Public Counsel; 27 providing for biennial reconfirmation rather 28 than annual; requiring that the Public Counsel 29 perform his or her duties independently; 30 amending s. 350.0614, F.S.; requiring that the 31 Committee on Public Service Commission 14 12:12 PM 04/29/05 s2232c2c-11-29h
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 2232 Barcode 725736 1 Oversight rather than the Joint Legislative 2 Auditing Committee oversee expenditures of the 3 Public Counsel; amending 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 15 12:12 PM 04/29/05 s2232c2c-11-29h