Senate Bill sb2232e1

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  1                      A bill to be entitled

  2         An act relating to the Public Service

  3         Commission; creating the Committee on Public

  4         Service Commission Oversight as a standing

  5         joint committee of the Legislature; providing

  6         for its membership, powers, and duties;

  7         amending s. 350.001, F.S.; requiring that the

  8         commission perform its duties independently;

  9         specifying that the Governor has no planning or

10         budgetary authority with respect to the

11         commission; specifying that the Governor and

12         the Department of Management Services have no

13         authority over the commission's employees;

14         amending s. 350.031, F.S.; authorizing the

15         Florida Public Service Commission Nominating

16         Council to make expenditures to advertise a

17         vacancy on the council or the commission;

18         requiring that the Committee on Public Service

19         Commission Oversight provide a nominee for

20         recommendation to the Governor for appointment

21         to the Public Service Commission; providing

22         procedures; amending s. 350.041, F.S.;

23         clarifying the prohibition against accepting

24         gifts with respect to its application to

25         commissioners attending conferences; requiring

26         that a penalty be imposed against a person who

27         gives a commissioner a prohibited gift;

28         requiring that commissioners avoid impropriety

29         and act in a manner that promotes confidence in

30         the commission; prohibiting a commissioner from

31         soliciting any thing of value, either directly


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 1         or indirectly, from any public utility, its

 2         affiliate, or any party; amending s. 350.042,

 3         F.S.; requiring that a penalty be imposed

 4         against a person involved in a prohibited ex

 5         parte communication with a commissioner;

 6         amending s. 350.061, F.S.; requiring that the

 7         Committee on Public Service Commission

 8         Oversight rather than the Joint Legislative

 9         Auditing Committee appoint the Public Counsel;

10         providing for biennial reconfirmation rather

11         than annual; requiring that the Public Counsel

12         perform his or her duties independently;

13         amending s. 350.0614, F.S.; requiring that the

14         Committee on Public Service Commission

15         Oversight rather than the Joint Legislative

16         Auditing Committee oversee expenditures of the

17         Public Counsel; amending s. 364.01, F.S.;

18         specifying the exclusive jurisdiction of the

19         Florida Public Service Commission to regulate

20         telecommunications companies; providing that

21         state laws governing business and consumer

22         protection be applied to communications

23         activities that are not regulated by the

24         commission; revising provisions governing the

25         exclusive jurisdiction of the commission;

26         creating s. 364.011, F.S.; specifying certain

27         services that are exempt from oversight by the

28         commission; creating s. 364.012, F.S.;

29         requiring the commission to coordinate with

30         federal agencies; providing that ch. 364, F.S.,

31         does not limit or modify certain duties of a


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 1         local exchange carrier; creating s. 364.013,

 2         F.S.; requiring that broadband service remain

 3         free of state and local regulation; requiring

 4         that voice-over-Internet protocol remain free

 5         of regulation, except as specifically provided

 6         in ch. 364, F.S., or by federal law; amending

 7         s. 364.02, F.S.; defining the terms "broadband

 8         service" and "VoIP"; redefining the term

 9         "service"; amending s. 364.0361, F.S.;

10         prohibiting a local government from regulating

11         voice-over-Internet protocol regardless of the

12         platform or provider; amending s. 364.10, F.S.;

13         revising the income threshold for eligibility

14         for Lifeline service; repealing s. 364.502,

15         F.S., relating to video programming services;

16         amending s. 364.335, F.S.; increasing to $500

17         from $250 the maximum allowable filing fee for

18         certification of telecommunications carriers;

19         amending s. 364.336, F.S.; authorizing the

20         Public Service Commission to establish a

21         minimum fee of up to $1,000; authorizing

22         different fees for different types of services

23         provided by telecommunications companies;

24         amending ss. 196.012, 199.183, 212.08, 290.007,

25         350.0605, 364.602, and 489.103, F.S.;

26         conforming cross-references; requiring

27         providers to comply with certain laws; amending

28         s. 364.051, F.S.; providing that damage to the

29         equipment and facilities of a local exchange

30         telecommunications as a result of a named

31         tropical system constitutes a compelling


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 1         showing of changed circumstances to justify a

 2         rate increase; allowing such companies to

 3         petition for recovery of such costs and

 4         expenses; requiring the Public Service

 5         Commission to verify the intrastate costs and

 6         expenses for repairing, restoring, or replacing

 7         damaged lines, plants, or facilities; requiring

 8         the commission to determine whether the

 9         intrastate costs and expenses are reasonable;

10         requiring a company to exhaust any

11         storm-reserve funds prior to recovery from

12         customers; providing that the commission may

13         authorize adding an equal line-item charge per

14         access line for certain customers; providing

15         for a rate cap and providing the maximum number

16         of months the rate may be imposed; providing a

17         12-month limit for the application; allowing

18         recovery for more than one storm within the

19         limit; providing effective dates.

20  

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

22  

23         Section 1.  Section 364.01, Florida Statutes, is

24  amended to read:

25         364.01  Powers of commission, legislative intent.--

26         (1)  The Florida Public Service Commission shall

27  exercise over and in relation to telecommunications companies

28  the powers conferred by this chapter.

29         (2)  It is the legislative intent to give exclusive

30  jurisdiction in all matters set forth in this chapter to the

31  Florida Public Service Commission in regulating


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 1  telecommunications companies, and such preemption shall

 2  supersede any local or special act or municipal charter where

 3  any conflict of authority may exist.  However, the provisions

 4  of this chapter shall not affect the authority and powers

 5  granted in s. 166.231(9) or s. 337.401.

 6         (3)  Communications activities that are not regulated

 7  by the Florida Public Service Commission, including, but not

 8  limited to, VoIP, wireless, and broadband, are subject to this

 9  state's generally applicable business regulation and deceptive

10  trade practices and consumer protection laws, as enforced by

11  the appropriate state authority or through actions in the

12  judicial system. This chapter does not limit the availability

13  to any party of any remedy or defense under state or federal

14  antitrust laws. The Legislature finds that the competitive

15  provision of telecommunications services, including local

16  exchange telecommunications service, is in the public interest

17  and will provide customers with freedom of choice, encourage

18  the introduction of new telecommunications service, encourage

19  technological innovation, and encourage investment in

20  telecommunications infrastructure.  The Legislature further

21  finds that the transition from the monopoly provision of local

22  exchange service to the competitive provision thereof will

23  require appropriate regulatory oversight to protect consumers

24  and provide for the development of fair and effective

25  competition, but nothing in this chapter shall limit the

26  availability to any party of any remedy under state or federal

27  antitrust laws.  The Legislature further finds that changes in

28  regulations allowing increased competition in

29  telecommunications services could provide the occasion for

30  increases in the telecommunications workforce; therefore, it

31  is in the public interest that competition in


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 1  telecommunications services lead to a situation that enhances

 2  the high-technological skills and the economic status of the

 3  telecommunications workforce. The Legislature further finds

 4  that the provision of voice-over-Internet protocol (VOIP) free

 5  of unnecessary regulation, regardless of the provider, is in

 6  the public interest.

 7         (4)  The commission shall exercise its exclusive

 8  jurisdiction in order to:

 9         (a)  Protect the public health, safety, and welfare by

10  ensuring that basic local telecommunications services are

11  available to all consumers in the state at reasonable and

12  affordable prices.

13         (b)  Encourage competition through flexible regulatory

14  treatment among providers of telecommunications services in

15  order to ensure the availability of the widest possible range

16  of consumer choice in the provision of all telecommunications

17  services.

18         (c)  Protect the public health, safety, and welfare by

19  ensuring that monopoly services provided by telecommunications

20  companies continue to be subject to effective price, rate, and

21  service regulation.

22         (d)  Promote competition by encouraging innovation and

23  investment in new entrants into telecommunications markets and

24  by allowing a transitional period in which new and emerging

25  technologies entrants are subject to a reduced lesser level of

26  regulatory oversight than local exchange telecommunications

27  companies.

28         (e)  Encourage all providers of telecommunications

29  services to introduce new or experimental telecommunications

30  services free of unnecessary regulatory restraints.

31  


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 1         (f)  Eliminate any rules or and/or regulations which

 2  will delay or impair the transition to competition.

 3         (g)  Ensure that all providers of telecommunications

 4  services are treated fairly, by preventing anticompetitive

 5  behavior and eliminating unnecessary regulatory restraint.

 6         (h)  Recognize the continuing emergence of a

 7  competitive telecommunications environment through the

 8  flexible regulatory treatment of competitive

 9  telecommunications services, where appropriate, if doing so

10  does not reduce the availability of adequate basic local

11  telecommunications service to all citizens of the state at

12  reasonable and affordable prices, if competitive

13  telecommunications services are not subsidized by monopoly

14  telecommunications services, and if all monopoly services are

15  available to all competitors on a nondiscriminatory basis.

16         (i)  Continue its historical role as a surrogate for

17  competition for monopoly services provided by local exchange

18  telecommunications companies.

19         Section 2.  Section 364.011, Florida Statutes, is

20  created to read:

21         364.011  Exemptions from commission jurisdiction.--The

22  following services are exempt from oversight by the

23  commission, except to the extent delineated in this chapter or

24  specifically authorized by federal law:

25         (1)  Intrastate interexchange telecommunications

26  services.

27         (2)  Broadband services, regardless of the provider,

28  platform, or protocol.

29         (3)  VoIP.

30         (4)  Wireless telecommunications, including commercial

31  mobile radio service providers.


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 1         Section 3.  Section 364.012, Florida Statutes, is

 2  created to read:

 3         364.012  Consistency with federal law.--

 4         (1)  In order to promote commission coordination with

 5  federal policymakers and regulatory agencies, the commission

 6  shall maintain continuous liaisons with appropriate federal

 7  agencies whose policy decisions and rulemaking authority

 8  affect those telecommunications companies over which the

 9  commission has jurisdiction. The commission is encouraged to

10  participate in the proceedings of federal agencies in cases in

11  which the state's consumers may be affected and to convey the

12  commission's policy positions and information requirements in

13  order to achieve greater efficiency in regulation.

14         (2)  This chapter does not limit or modify the duties

15  of a local exchange carrier to provide unbundled access to

16  network elements or the commission's authority to arbitrate

17  and enforce interconnection agreements to the extent that

18  those elements are required under 47 U.S.C. ss. 251 and 252,

19  and under any regulations issued by the Federal Communications

20  Commission at rates determined in accordance with the

21  standards established by the Federal Communications Commission

22  pursuant to 47 C.F.R. ss. 51.503-51.513, inclusive of any

23  successor regulation or successor forbearance of regulation.

24         Section 4.  Section 364.013, Florida Statutes, is

25  created to read:

26         364.013  Emerging and advanced services.--Broadband

27  service and the provision of voice-over-Internet protocol

28  (VoIP) shall be free of state regulation, except as delineated

29  in this chapter or as specifically authorized by federal law,

30  regardless of the provider, platform, or protocol.

31  


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 1         Section 5.  Section 364.02, Florida Statutes, is

 2  amended to read:

 3         364.02  Definitions.--As used in this chapter:

 4         (1)  "Basic local telecommunications service" means

 5  voice-grade, flat-rate residential, and flat-rate single-line

 6  business local exchange services which provide dial tone,

 7  local usage necessary to place unlimited calls within a local

 8  exchange area, dual tone multifrequency dialing, and access to

 9  the following:  emergency services such as "911," all locally

10  available interexchange companies, directory assistance,

11  operator services, relay services, and an alphabetical

12  directory listing. For a local exchange telecommunications

13  company, the such term shall include any extended area service

14  routes, and extended calling service in existence or ordered

15  by the commission on or before July 1, 1995.

16         (2)  "Broadband service" means any service that

17  consists of or includes the offering of the capability to

18  transmit or receive information at a rate that is not less

19  than 200 kilobits per second and either:

20         (a)  Is used to provide access to the Internet; or

21         (b)  Provides computer processing, information storage,

22  information content, or protocol conversion in combination

23  with the service.

24  

25  The definition of broadband service does not include any

26  intrastate telecommunications services that have been tariffed

27  with the commission on or before January 1, 2005.

28         (3)(2)  "Commercial mobile radio service provider"

29  means a commercial mobile radio service provider as defined by

30  and pursuant to 47 U.S.C. ss. 153(n) and 332(d).

31  


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 1         (4)(3)  "Commission" means the Florida Public Service

 2  Commission.

 3         (5)(4)  "Competitive local exchange telecommunications

 4  company" means any company certificated by the commission to

 5  provide local exchange telecommunications services in this

 6  state on or after July 1, 1995.

 7         (6)(5)  "Corporation" includes a corporation, company,

 8  association, or joint stock association.

 9         (7)(6)  "Intrastate interexchange telecommunications

10  company" means any entity that provides intrastate

11  interexchange telecommunications services.

12         (8)(7)  "Local exchange telecommunications company"

13  means any company certificated by the commission to provide

14  local exchange telecommunications service in this state on or

15  before June 30, 1995.

16         (9)(8)  "Monopoly service" means a telecommunications

17  service for which there is no effective competition, either in

18  fact or by operation of law.

19         (10)(9)  "Nonbasic service" means any

20  telecommunications service provided by a local exchange

21  telecommunications company other than a basic local

22  telecommunications service, a local interconnection

23  arrangement described in s. 364.16, or a network access

24  service described in s. 364.163.

25         (11)(10)  "Operator service" includes, but is not

26  limited to, billing or completion of third-party,

27  person-to-person, collect, or calling card or credit card

28  calls through the use of a live operator or automated

29  equipment.

30         (12)(11)  "Operator service provider" means a person

31  who furnishes operator service through a call aggregator.


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 1         (13)(12)  "Service" is to be construed in its broadest

 2  and most inclusive sense. The term "service" does not include

 3  broadband service or voice-over-Internet protocol service for

 4  purposes of regulation by the commission. Nothing herein shall

 5  affect the rights and obligations of any entity related to the

 6  payment of switched network access rates or other intercarrier

 7  compensation, if any, related to voice-over-Internet protocol

 8  service. Notwithstanding s. 364.013 and the exemption of

 9  services pursuant to this subsection, the commission may

10  arbitrate, enforce, or approve interconnection agreements, and

11  resolve disputes as provided by 47 U.S.C. ss. 251 and 252, or

12  any other applicable federal law or regulation.  With respect

13  to the services exempted in this subsection, regardless of the

14  technology, the duties of a local exchange telecommunications

15  company are only those that the company is obligated to extend

16  or provide under applicable federal law and regulations.

17         (14)(13)  "Telecommunications company" includes every

18  corporation, partnership, and person and their lessees,

19  trustees, or receivers appointed by any court whatsoever, and

20  every political subdivision in the state, offering two-way

21  telecommunications service to the public for hire within this

22  state by the use of a telecommunications facility. The term

23  "telecommunications company" does not include:

24         (a)  An entity which provides a telecommunications

25  facility exclusively to a certificated telecommunications

26  company;

27         (b)  An entity which provides a telecommunications

28  facility exclusively to a company which is excluded from the

29  definition of a telecommunications company under this

30  subsection;

31         (c)  A commercial mobile radio service provider;


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 1         (d)  A facsimile transmission service;

 2         (e)  A private computer data network company not

 3  offering service to the public for hire;

 4         (f)  A cable television company providing cable service

 5  as defined in 47 U.S.C. s. 522; or

 6         (g)  An intrastate interexchange telecommunications

 7  company.

 8  

 9  However, each commercial mobile radio service provider and

10  each intrastate interexchange telecommunications company shall

11  continue to be liable for any taxes imposed under pursuant to

12  chapters 202, 203, and 212 and any fees assessed under

13  pursuant to ss. 364.025 and 364.336. Each intrastate

14  interexchange telecommunications company shall continue to be

15  subject to ss. 364.04, 364.10(3)(a) and (d), 364.163, 364.285,

16  364.501, 364.603, and 364.604, shall provide the commission

17  with such current information as the commission deems

18  necessary to contact and communicate with the company, shall

19  continue to pay intrastate switched network access rates or

20  other intercarrier compensation to the local exchange

21  telecommunications company or the competitive local exchange

22  telecommunications company for the origination and termination

23  of interexchange telecommunications service, and shall reduce

24  its intrastate long distance toll rates in accordance with s.

25  364.163(2).

26         (15)(14)  "Telecommunications facility" includes real

27  estate, easements, apparatus, property, and routes used and

28  operated to provide two-way telecommunications service to the

29  public for hire within this state.

30         (16)  "VoIP" means the voice-over-Internet protocol as

31  that term is defined in federal law.


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 1         Section 6.  Section 364.0361, Florida Statutes, is

 2  amended to read:

 3         364.0361  Local government authority; nondiscriminatory

 4  exercise.--A local government shall treat each

 5  telecommunications company in a nondiscriminatory manner when

 6  exercising its authority to grant franchises to a

 7  telecommunications company or to otherwise establish

 8  conditions or compensation for the use of rights-of-way or

 9  other public property by a telecommunications company. A local

10  government may not directly or indirectly regulate the terms

11  and conditions, including, but not limited to, the operating

12  systems, qualifications, services, service quality, service

13  territory, and prices, applicable to or in connection with the

14  provision of any voice-over-Internet-protocol, regardless of

15  the provider, platform, or protocol, broadband or information

16  service. This section does not relieve a provider from any

17  obligations under s. 166.046 or s. 337.401.

18         Section 7.  Paragraph (a) of subsection (3) of section

19  364.10, Florida Statutes, is amended to read:

20         364.10  Undue advantage to person or locality

21  prohibited; Lifeline service.--

22         (3)(a)  Effective September 1, 2003, any local exchange

23  telecommunications company authorized by the commission to

24  reduce its switched network access rate under pursuant to s.

25  364.164 shall have tariffed and shall provide Lifeline service

26  to any otherwise eligible customer or potential customer who

27  meets an income eligibility test at 135 125 percent or less of

28  the federal poverty income guidelines for Lifeline customers.

29  The Such a test for eligibility must augment, rather than

30  replace, the eligibility standards established by federal law

31  and based on participation in certain low-income assistance


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 1  programs. Each intrastate interexchange telecommunications

 2  company shall, effective September 1, 2003, file a tariff

 3  providing at a minimum the intrastate interexchange

 4  telecommunications carrier's current Lifeline benefits and

 5  exemptions to Lifeline customers who meet the income

 6  eligibility test set forth in this subsection. The Office of

 7  Public Counsel shall certify and maintain claims submitted by

 8  a customer for eligibility under the income test authorized by

 9  this subsection.

10         Section 8.  Section 364.502, Florida Statutes, is

11  repealed.

12         Section 9.  Subsection (1) of section 364.335, Florida

13  Statutes, is amended to read:

14         364.335  Application for certificate.--

15         (1)  Each applicant for a certificate shall:

16         (a)  Provide all information required by rule or order

17  of the commission, which may include a detailed inquiry into

18  the ability of the applicant to provide service, a detailed

19  inquiry into the territory and facilities involved, and a

20  detailed inquiry into the existence of service from other

21  sources within geographical proximity to the territory applied

22  for.

23         (b)  File with the commission schedules showing all

24  rates for service of every kind furnished by it and all rules

25  and contracts relating to such service.

26         (c)  File the application fee required by the

27  commission in an amount not to exceed $500 $250.  Such fees

28  shall be deposited in accordance with s. 350.113.

29         (d)  Submit an affidavit that the applicant has caused

30  notice of its application to be given to such persons and in

31  such manner as may be prescribed by commission rule.


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 1         Section 10.  Section 364.336, Florida Statutes, is

 2  amended to read:

 3         364.336  Regulatory assessment fees.--Notwithstanding

 4  any provisions of law to the contrary, each telecommunications

 5  company licensed or operating under this chapter, for any part

 6  of the preceding 6-month period, shall pay to the commission,

 7  within 30 days following the end of each 6-month period, a fee

 8  that may not exceed 0.25 percent annually of its gross

 9  operating revenues derived from intrastate business, except,

10  for purposes of this section and the fee specified in s.

11  350.113(3), any amount paid to another telecommunications

12  company for the use of any telecommunications network shall be

13  deducted from the gross operating revenue for purposes of

14  computing the fee due. The commission shall by rule assess a

15  minimum fee in an amount up to $1,000. The minimum amount may

16  vary depending on the type of service provided by the

17  telecommunications company, and shall, to the extent

18  practicable, be related to the cost of regulating such type of

19  company. Differences, if any, between the amount paid in any

20  6-month period and the amount actually determined by the

21  commission to be due shall, upon motion by the commission, be

22  immediately paid or refunded. Fees under this section may not

23  be less than $50 annually.  Such fees shall be deposited in

24  accordance with s. 350.113.  The commission may by rule

25  establish criteria for payment of the regulatory assessment

26  fee on an annual basis rather than on a semiannual basis.

27         Section 11.  Subsection (6) of section 196.012, Florida

28  Statutes, is amended to read:

29         196.012  Definitions.--For the purpose of this chapter,

30  the following terms are defined as follows, except where the

31  context clearly indicates otherwise:


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 1         (6)  Governmental, municipal, or public purpose or

 2  function shall be deemed to be served or performed when the

 3  lessee under any leasehold interest created in property of the

 4  United States, the state or any of its political subdivisions,

 5  or any municipality, agency, special district, authority, or

 6  other public body corporate of the state is demonstrated to

 7  perform a function or serve a governmental purpose which could

 8  properly be performed or served by an appropriate governmental

 9  unit or which is demonstrated to perform a function or serve a

10  purpose which would otherwise be a valid subject for the

11  allocation of public funds. For purposes of the preceding

12  sentence, an activity undertaken by a lessee which is

13  permitted under the terms of its lease of real property

14  designated as an aviation area on an airport layout plan which

15  has been approved by the Federal Aviation Administration and

16  which real property is used for the administration, operation,

17  business offices and activities related specifically thereto

18  in connection with the conduct of an aircraft full service

19  fixed base operation which provides goods and services to the

20  general aviation public in the promotion of air commerce shall

21  be deemed an activity which serves a governmental, municipal,

22  or public purpose or function. Any activity undertaken by a

23  lessee which is permitted under the terms of its lease of real

24  property designated as a public airport as defined in s.

25  332.004(14) by municipalities, agencies, special districts,

26  authorities, or other public bodies corporate and public

27  bodies politic of the state, a spaceport as defined in s.

28  331.303(19), or which is located in a deepwater port

29  identified in s. 403.021(9)(b) and owned by one of the

30  foregoing governmental units, subject to a leasehold or other

31  possessory interest of a nongovernmental lessee that is deemed


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 1  to perform an aviation, airport, aerospace, maritime, or port

 2  purpose or operation shall be deemed an activity that serves a

 3  governmental, municipal, or public purpose. The use by a

 4  lessee, licensee, or management company of real property or a

 5  portion thereof as a convention center, visitor center, sports

 6  facility with permanent seating, concert hall, arena, stadium,

 7  park, or beach is deemed a use that serves a governmental,

 8  municipal, or public purpose or function when access to the

 9  property is open to the general public with or without a

10  charge for admission. If property deeded to a municipality by

11  the United States is subject to a requirement that the Federal

12  Government, through a schedule established by the Secretary of

13  the Interior, determine that the property is being maintained

14  for public historic preservation, park, or recreational

15  purposes and if those conditions are not met the property will

16  revert back to the Federal Government, then such property

17  shall be deemed to serve a municipal or public purpose. The

18  term "governmental purpose" also includes a direct use of

19  property on federal lands in connection with the Federal

20  Government's Space Exploration Program or spaceport activities

21  as defined in s. 212.02(22). Real property and tangible

22  personal property owned by the Federal Government or the

23  Florida Space Authority and used for defense and space

24  exploration purposes or which is put to a use in support

25  thereof shall be deemed to perform an essential national

26  governmental purpose and shall be exempt. "Owned by the

27  lessee" as used in this chapter does not include personal

28  property, buildings, or other real property improvements used

29  for the administration, operation, business offices and

30  activities related specifically thereto in connection with the

31  conduct of an aircraft full service fixed based operation


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    CS for CS for SB 2232                          First Engrossed



 1  which provides goods and services to the general aviation

 2  public in the promotion of air commerce provided that the real

 3  property is designated as an aviation area on an airport

 4  layout plan approved by the Federal Aviation Administration.

 5  For purposes of determination of "ownership," buildings and

 6  other real property improvements which will revert to the

 7  airport authority or other governmental unit upon expiration

 8  of the term of the lease shall be deemed "owned" by the

 9  governmental unit and not the lessee. Providing two-way

10  telecommunications services to the public for hire by the use

11  of a telecommunications facility, as defined in s. 364.02(15)

12  s.364.02(14), and for which a certificate is required under

13  chapter 364 does not constitute an exempt use for purposes of

14  s. 196.199, unless the telecommunications services are

15  provided by the operator of a public-use airport, as defined

16  in s. 332.004, for the operator's provision of

17  telecommunications services for the airport or its tenants,

18  concessionaires, or licensees, or unless the

19  telecommunications services are provided by a public hospital.

20  However, property that is being used to provide such

21  telecommunications services on or before October 1, 1997,

22  shall remain exempt, but such exemption expires October 1,

23  2004.

24         Section 12.  Paragraph (b) of subsection (1) of section

25  199.183, Florida Statutes, is amended to read:

26         199.183  Taxpayers exempt from annual and nonrecurring

27  taxes.--

28         (1)  Intangible personal property owned by this state

29  or any of its political subdivisions or municipalities shall

30  be exempt from taxation under this chapter. This exemption

31  does not apply to:


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    CS for CS for SB 2232                          First Engrossed



 1         (b)  Property related to the provision of two-way

 2  telecommunications services to the public for hire by the use

 3  of a telecommunications facility, as defined in s. 364.02(15)

 4  s. 364.02(14), and for which a certificate is required under

 5  chapter 364, when the such service is provided by any county,

 6  municipality, or other political subdivision of the state. Any

 7  immunity of any political subdivision of the state or other

 8  entity of local government from taxation of the property used

 9  to provide telecommunication services that is taxed as a

10  result of this paragraph is hereby waived. However, intangible

11  personal property related to the provision of such

12  telecommunications services provided by the operator of a

13  public-use airport, as defined in s. 332.004, for the

14  operator's provision of telecommunications services for the

15  airport or its tenants, concessionaires, or licensees, and

16  intangible personal property related to the provision of such

17  telecommunications services provided by a public hospital, are

18  exempt from taxation under this chapter.

19         Section 13.  Subsection (6) of section 212.08, Florida

20  Statutes, is amended to read:

21         212.08  Sales, rental, use, consumption, distribution,

22  and storage tax; specified exemptions.--The sale at retail,

23  the rental, the use, the consumption, the distribution, and

24  the storage to be used or consumed in this state of the

25  following are hereby specifically exempt from the tax imposed

26  by this chapter.

27         (6)  EXEMPTIONS; POLITICAL SUBDIVISIONS.--There are

28  also exempt from the tax imposed by this chapter sales made to

29  the United States Government, a state, or any county,

30  municipality, or political subdivision of a state when payment

31  is made directly to the dealer by the governmental entity.


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    CS for CS for SB 2232                          First Engrossed



 1  This exemption shall not inure to any transaction otherwise

 2  taxable under this chapter when payment is made by a

 3  government employee by any means, including, but not limited

 4  to, cash, check, or credit card when that employee is

 5  subsequently reimbursed by the governmental entity. This

 6  exemption does not include sales of tangible personal property

 7  made to contractors employed either directly or as agents of

 8  any such government or political subdivision thereof when such

 9  tangible personal property goes into or becomes a part of

10  public works owned by such government or political

11  subdivision. A determination whether a particular transaction

12  is properly characterized as an exempt sale to a government

13  entity or a taxable sale to a contractor shall be based on the

14  substance of the transaction rather than the form in which the

15  transaction is cast. The department shall adopt rules that

16  give special consideration to factors that govern the status

17  of the tangible personal property before its affixation to

18  real property. In developing these rules, assumption of the

19  risk of damage or loss is of paramount consideration in the

20  determination. This exemption does not include sales, rental,

21  use, consumption, or storage for use in any political

22  subdivision or municipality in this state of machines and

23  equipment and parts and accessories therefor used in the

24  generation, transmission, or distribution of electrical energy

25  by systems owned and operated by a political subdivision in

26  this state for transmission or distribution expansion.

27  Likewise exempt are charges for services rendered by radio and

28  television stations, including line charges, talent fees, or

29  license fees and charges for films, videotapes, and

30  transcriptions used in producing radio or television

31  broadcasts. The exemption provided in this subsection does not


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    CS for CS for SB 2232                          First Engrossed



 1  include sales, rental, use, consumption, or storage for use in

 2  any political subdivision or municipality in this state of

 3  machines and equipment and parts and accessories therefor used

 4  in providing two-way telecommunications services to the public

 5  for hire by the use of a telecommunications facility, as

 6  defined in s. 364.02(15) s. 364.02(14), and for which a

 7  certificate is required under chapter 364, which facility is

 8  owned and operated by any county, municipality, or other

 9  political subdivision of the state.  Any immunity of any

10  political subdivision of the state or other entity of local

11  government from taxation of the property used to provide

12  telecommunication services that is taxed as a result of this

13  section is hereby waived.  However, the exemption provided in

14  this subsection includes transactions taxable under this

15  chapter which are for use by the operator of a public-use

16  airport, as defined in s. 332.004, in providing such

17  telecommunications services for the airport or its tenants,

18  concessionaires, or licensees, or which are for use by a

19  public hospital for the provision of such telecommunications

20  services.

21         Section 14.  Subsection (8) of section 290.007, Florida

22  Statutes, is amended to read:

23         290.007  State incentives available in enterprise

24  zones.--The following incentives are provided by the state to

25  encourage the revitalization of enterprise zones:

26         (8)  Notwithstanding any law to the contrary, the

27  Public Service Commission may allow public utilities and

28  telecommunications companies to grant discounts of up to 50

29  percent on tariffed rates for services to small businesses

30  located in an enterprise zone designated pursuant to s.

31  290.0065. Such discounts may be granted for a period not to


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    CS for CS for SB 2232                          First Engrossed



 1  exceed 5 years. For purposes of this subsection, the term

 2  "public utility" has the same meaning as in s. 366.02(1) and

 3  the term "telecommunications company" has the same meaning as

 4  in s. 364.02(14) s. 364.02(13).

 5         Section 15.  Subsection (3) of section 350.0605,

 6  Florida Statutes, is amended to read:

 7         350.0605  Former commissioners and employees;

 8  representation of clients before commission.--

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

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

11  employment by or compensation from a business entity which,

12  directly or indirectly, owns or controls a public utility

13  regulated by the commission, from a public utility regulated

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

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

16  regulated by the commission or is an actual business

17  competitor of a local exchange company or public utility

18  regulated by the commission and is otherwise exempt from

19  regulation by the commission under ss. 364.02(14) 364.02(13)

20  and 366.02(1), or from a business entity or trade association

21  that has been a party to a commission proceeding within the 2

22  years preceding the member's termination of service on the

23  commission.  This subsection applies only to members of the

24  Florida Public Service Commission who are appointed or

25  reappointed after May 10, 1993.

26         Section 16.  Subsection (4) of section 364.602, Florida

27  Statutes, is amended to read:

28         364.602  Definitions.--For purposes of this part:

29         (4)  "Originating party" means any person, firm,

30  corporation, or other entity, including a telecommunications

31  company or a billing clearinghouse, that provides any


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    CS for CS for SB 2232                          First Engrossed



 1  telecommunications service or information service to a

 2  customer or bills a customer through a billing party, except

 3  the term "originating party" does not include any entity

 4  specifically exempted from the definition of

 5  "telecommunications company" as provided in s. 364.02(14) s.

 6  364.02(13).

 7         Section 17.  Subsection (5) of section 489.103, Florida

 8  Statutes, is amended to read:

 9         489.103  Exemptions.--This part does not apply to:

10         (5)  Public utilities, including special gas districts

11  as defined in chapter 189, telecommunications companies as

12  defined in s. 364.02(14) s. 364.02(13) and natural gas

13  transmission companies as defined in s. 368.103(4), on

14  construction, maintenance, and development work performed by

15  their employees, which work, including, but not limited to,

16  work on bridges, roads, streets, highways, or railroads, is

17  incidental to their business. The board shall define, by rule,

18  the term "incidental to their business" for purposes of this

19  subsection.

20         Section 18.  This act may not be construed to limit the

21  rights of local government or the duties of providers of cable

22  service to comply with any and all requirements of federal,

23  state, or local law, including, but not limited to, 47 U.S.C.

24  541, s. 166.046 and s. 337.401.

25         Section 19.  Subsection (4) of section 364.051, Florida

26  Statutes, is amended to read:

27         364.051  Price regulation.--

28         (4)(a)  Notwithstanding the provisions of subsection

29  (2), any local exchange telecommunications company that

30  believes circumstances have changed substantially to justify

31  any increase in the rates for basic local telecommunications


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    CS for CS for SB 2232                          First Engrossed



 1  services may petition the commission for a rate increase, but

 2  the commission shall grant the such petition only after an

 3  opportunity for a hearing and a compelling showing of changed

 4  circumstances. The costs and expenses of any government

 5  program or project required in part II may shall not be

 6  recovered under this subsection unless the such costs and

 7  expenses are incurred in the absence of a bid and subject to

 8  carrier-of-last-resort obligations as provided for in part II.

 9  The commission shall act upon the any such petition within 120

10  days after of its filing.

11         (b)  For purposes of this section, evidence of damage

12  occurring to the lines, plants, or facilities of a local

13  exchange telecommunications company that is subject to the

14  carrier-of-last-resort obligations, which damage is the result

15  of a tropical system occurring after June 1, 2005, and named

16  by the National Hurricane Center, constitutes a compelling

17  showing of changed circumstances.

18         1.  A company may file a petition to recover its

19  intrastate costs and expenses relating to repairing,

20  restoring, or replacing the lines, plants, or facilities

21  damaged by a named tropical system.

22         2.  The commission shall verify the intrastate costs

23  and expenses submitted by the company in support of its

24  petition.

25         3.  The company must show and the commission shall

26  determine whether the intrastate costs and expenses are

27  reasonable under the circumstances for the named tropical

28  system.

29         4.  A company having a storm-reserve fund may recover

30  tropical-system-related costs and expenses from its customers

31  


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    CS for CS for SB 2232                          First Engrossed



 1  only in excess of any amount available in the storm-reserve

 2  fund.

 3         5.  The commission may determine the amount of any

 4  increase that the company may charge its customers, but the

 5  charge per line item may not exceed 50 cents per month per

 6  customer line for a period of not more than 12 months.

 7         6.  The commission may order the company to add an

 8  equal line-item charge per access line to the billing

 9  statement of the company's retail basic local

10  telecommunications service customers, its retail nonbasic

11  telecommunications service customers, and, to the extent the

12  commission determines appropriate, its wholesale loop

13  unbundled network element customers. At the end of the

14  collection period, the commission shall verify that the

15  collected amount does not exceed the amount authorized by the

16  order. If collections exceed the ordered amount, the

17  commission shall order the company to refund the excess.

18         7.  In order to qualify for filing a petition under

19  this paragraph, a company with one million or more access

20  lines, but fewer than three million access lines, must have

21  tropical-system-related costs and expenses exceeding $1.5

22  million, and a company with three million or more access lines

23  must have tropical-system-related costs and expenses of $5

24  million or more. A company with fewer than one million access

25  lines is not required to meet a minimum damage threshold in

26  order to qualify to file a petition under this paragraph.

27         8.  A company may file only one petition for storm

28  recovery in any 12-month period for the previous storm season,

29  but the application may cover damages from more than one named

30  tropical system.

31  


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    CS for CS for SB 2232                          First Engrossed



 1  This paragraph is not intended to adversely affect the

 2  commission's consideration of any petition for an increase in

 3  basic rates to recover costs related to storm damage which was

 4  filed before the effective date of this act.

 5         Section 20.  Committee on Public Service Commission

 6  Oversight; creation; membership; powers and duties.--

 7         (1)  There is created a standing joint committee of the

 8  Legislature, designated the Committee on Public Service

 9  Commission Oversight, and composed of twelve members appointed

10  as follows: six members of the Senate appointed by the

11  President of the Senate, two of whom must be members of the

12  minority party; and six members of the House of

13  Representatives appointed by the Speaker of the House of

14  Representatives, two of whom must be members of the minority

15  party. The terms of members shall be for 2 years and shall run

16  from the organization of one Legislature to the organization

17  of the next Legislature. The President shall appoint the chair

18  of the committee in even years and the vice chair in odd

19  years, and the Speaker of the House of Representatives shall

20  appoint the chair of the committee in odd years and the vice

21  chair in even years, from among the committee membership.

22  Vacancies shall be filled in the same manner as the original

23  appointment. Members shall serve without additional

24  compensation, but shall be reimbursed for expenses.

25         (2)  The committee shall be governed by joint rules of

26  the Senate and the House of Representatives which shall remain

27  in effect until repealed or amended by concurrent resolution.

28         (3)  The committee shall:

29         (a)  Recommend to the Governor a nominee to fill a

30  vacancy on the Public Service Commission, as provided by

31  general law; and


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    CS for CS for SB 2232                          First Engrossed



 1         (b)  Appoint a Public Counsel as provided by general

 2  law.

 3         (4)  The committee is authorized to file a complaint

 4  with the Commission on Ethics alleging a violation of this

 5  chapter by a commissioner, former commissioner, former

 6  commission employee, or member of the Public Service

 7  Commission Nominating Council.

 8         (5)  The committee will not have a permanent staff, but

 9  the President of the Senate and the Speaker of the House of

10  Representatives shall select staff members from among existing

11  legislative staff, when and as needed.

12         Section 21.  Section 350.001, Florida Statutes, is

13  amended to read:

14         350.001  Legislative intent.--The Florida Public

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

16  the legislative branch of government. The Public Service

17  Commission shall perform its duties independently. The

18  Legislature declares and determines that the Public Service

19  Commission is under the legislative branch of government

20  within the intent expressed in chapter 216. The Executive

21  Office of the Governor or its successor is not authorized to

22  release or withhold funds appropriated to the Public Service

23  Commission, but the Committee on Public Service Commission

24  Oversight shall release or withhold funds appropriated to the

25  Public Service Commission as provided by law and the rules or

26  decisions of the Committee on Public Service Commission

27  Oversight. The Executive Office of the Governor, the

28  Department of Management Services, or any successor may not

29  determine the number, or fix the compensation, of employees of

30  the Public Service Commission and may not exercise any manner

31  of control over the employees of the Public Service


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    CS for CS for SB 2232                          First Engrossed



 1  Commission. It is the desire of the Legislature that the

 2  Governor participate in the appointment process of

 3  commissioners to the Public Service Commission.  The

 4  Legislature accordingly delegates to the Governor a limited

 5  authority with respect to the Public Service Commission by

 6  authorizing him or her to participate in the selection of

 7  members only from the list provided by the Florida Public

 8  Service Commission Nominating Council in the manner prescribed

 9  by s. 350.031.

10         Section 22.  Section 350.031, Florida Statutes, is

11  amended to read:

12         350.031  Florida Public Service Commission Nominating

13  Council.--

14         (1)  There is created a Florida Public Service

15  Commission Nominating Council consisting of nine members. At

16  least one member of the council must be 60 years of age or

17  older.  Three members, including one member of the House of

18  Representatives, shall be appointed by and serve at the

19  pleasure of the Speaker of the House of Representatives; three

20  members, including one member of the Senate, shall be

21  appointed by and serve at the pleasure of the President of the

22  Senate; and three members shall be selected and appointed by a

23  majority vote of the other six members of the council. All

24  terms shall be for 4 years except those members of the House

25  and Senate, who shall serve 2-year terms concurrent with the

26  2-year elected terms of House members. Vacancies on the

27  council shall be filled for the unexpired portion of the term

28  in the same manner as original appointments to the council. A

29  member may not be reappointed to the council, except for a

30  member of the House of Representatives or the Senate who may

31  


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    CS for CS for SB 2232                          First Engrossed



 1  be appointed to two 2-year terms or a person who is appointed

 2  to fill the remaining portion of an unexpired term.

 3         (2)(a)  No member or spouse shall be the holder of the

 4  stocks or bonds of any company, other than through ownership

 5  of shares in a mutual fund, regulated by the commission, or

 6  any affiliated company of any company regulated by the

 7  commission, or be an agent or employee of, or have any

 8  interest in, any company regulated by the commission or any

 9  affiliated company of any company regulated by the commission,

10  or in any firm which represents in any capacity either

11  companies which are regulated by the commission or affiliates

12  of companies regulated by the commission.  As a condition of

13  appointment to the council, each appointee shall affirm to the

14  Speaker and the President his or her qualification by the

15  following certification:  "I hereby certify that I am not a

16  stockholder, other than through ownership of shares in a

17  mutual fund, in any company regulated by the commission or in

18  any affiliate of a company regulated by the commission, nor in

19  any way, directly or indirectly, in the employment of, or

20  engaged in the management of any company regulated by the

21  commission or any affiliate of a company regulated by the

22  commission, or in any firm which represents in any capacity

23  either companies which are regulated by the commission or

24  affiliates of companies regulated by the commission."

25  

26  This certification is made as condition to appointment to the

27  Florida Public Service Commission Nominating Council.

28         (b)  A member of the council may be removed by the

29  Speaker of the House of Representatives and the President of

30  the Senate upon a finding by the Speaker and the President

31  


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    CS for CS for SB 2232                          First Engrossed



 1  that the council member has violated any provision of this

 2  subsection or for other good cause.

 3         (c)  If a member of the council does not meet the

 4  requirements of this subsection, the President of the Senate

 5  or the Speaker of the House of Representatives, as

 6  appropriate, shall appoint a legislative replacement.

 7         (3)  A majority of the membership of the council may

 8  conduct any business before the council.  All meetings and

 9  proceedings of the council shall be staffed by the Office of

10  Legislative Services and shall be subject to the provisions of

11  ss. 119.07 and 286.011.  Members of the council are entitled

12  to receive per diem and travel expenses as provided in s.

13  112.061, which shall be funded by the Florida Public Service

14  Regulatory Trust Fund.  Applicants invited for interviews

15  before the council may, in the discretion of the council,

16  receive per diem and travel expenses as provided in s.

17  112.061, which shall be funded by the Florida Public Service

18  Regulatory Trust Fund.  The council shall establish policies

19  and procedures to govern the process by which applicants are

20  nominated.

21         (4)  The council may spend a nominal amount, not to

22  exceed $10,000, to advertise a vacancy on the council, which

23  shall be funded by the Florida Public Service Regulatory Trust

24  Fund.

25         (5)(4)  A person may not be nominated to the Committee

26  on Public Service Commission Oversight Governor until the

27  council has determined that the person is competent and

28  knowledgeable in one or more fields, which shall include, but

29  not be limited to:  public affairs, law, economics,

30  accounting, engineering, finance, natural resource

31  conservation, energy, or another field substantially related


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    CS for CS for SB 2232                          First Engrossed



 1  to the duties and functions of the commission.  The commission

 2  shall fairly represent the above-stated fields.

 3  Recommendations of the council shall be nonpartisan.

 4         (6)(5)  It is the responsibility of the council to

 5  nominate to the Committee on Public Service Commission

 6  Oversight Governor not fewer than three persons for each

 7  vacancy occurring on the Public Service Commission.  The

 8  council shall submit the recommendations to the committee

 9  Governor by August 1 October 1 of those years in which the

10  terms are to begin the following January, or within 60 days

11  after a vacancy occurs for any reason other than the

12  expiration of the term.

13         (7)(6)  The Committee on Public Service Commission

14  Oversight Governor shall select from the list of nominees

15  provided by the nominating council one nominee for

16  recommendation to the Governor for appointment to the

17  commission. The recommendation must be provided to the

18  Governor within 45 days after receipt of the list of nominees.

19  The committee shall make the recommendation fill a vacancy

20  occurring on the Public Service Commission by appointment of

21  one of the applicants nominated by the council only after a

22  background investigation of the recommended nominee such

23  applicant has been conducted by the Florida Department of Law

24  Enforcement. If the Governor rejects the recommendation or has

25  not made an appointment within 30 days after the receipt of

26  the recommendation by December 1 to fill a vacancy for a term

27  to begin the following January, then the council shall

28  immediately initiate the nominating process in accordance with

29  this section. The council shall include in the process all new

30  applicants and all previous applicants for this vacancy. The

31  council must, within 30 days after the Governor's rejection of


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    CS for CS for SB 2232                          First Engrossed



 1  the previous recommendation or failure to timely make an

 2  appointment, submit to the committee a list of no fewer than

 3  three persons for each vacancy. The committee must, within 30

 4  days after receipt, select one nominee for recommendation to

 5  the Governor for appointment to the commission. If the

 6  Governor rejects the recommendation or fails to make an

 7  appointment within 30 days after receipt of the

 8  recommendation, the council shall immediately initiate the

 9  nominating process again with the time periods applicable., by

10  majority vote, shall appoint by December 31 one person from

11  the applicants previously nominated to the Governor to fill

12  the vacancy.  If the Governor has not made the appointment to

13  fill a vacancy occurring for any reason other than the

14  expiration of the term by the 60th day following receipt of

15  the nominations of the council, the council by majority vote

16  shall appoint within 30 days thereafter one person from the

17  applicants previously nominated to the Governor to fill the

18  vacancy.

19         (8)(7)  Each appointment to the Public Service

20  Commission shall be subject to confirmation by the Senate

21  during the next regular session after the vacancy occurs. If

22  the Senate refuses to confirm or rejects the Governor's

23  appointment, the council shall initiate, in accordance with

24  this section, the nominating process within 30 days.

25         Section 23.  Subsection (2) of section 350.041, Florida

26  Statutes, is amended to read:

27         350.041  Commissioners; standards of conduct.--

28         (2)  STANDARDS OF CONDUCT.--

29         (a)  A commissioner may not accept anything from any

30  business entity which, either directly or indirectly, owns or

31  controls any public utility regulated by the commission, from


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    CS for CS for SB 2232                          First Engrossed



 1  any public utility regulated by the commission, or from any

 2  business entity which, either directly or indirectly, is an

 3  affiliate or subsidiary of any public utility regulated by the

 4  commission. A commissioner may attend conferences and

 5  associated meals and events that are generally available to

 6  all conference participants without payment of any fees in

 7  addition to the conference fee. Additionally, while attending

 8  a conference, a commissioner may attend meetings, meals, or

 9  events that are not sponsored, in whole or in part, by any

10  representative of any public utility regulated by the

11  commission and that are limited to commissioners only,

12  committee members, or speakers if the commissioner is a member

13  of a committee of the association of regulatory agencies that

14  organized the conference or is a speaker at the conference. It

15  is not a violation of this paragraph for a commissioner to

16  attend a conference for which conference participants who are

17  employed by a utility regulated by the commission have paid a

18  higher conference registration fee than the commissioner, or

19  to attend a meal or event that is generally available to all

20  conference participants without payment of any fees in

21  addition to the conference fee and that is sponsored, in whole

22  or in part, by a utility regulated by the commission. If,

23  during the course of an investigation by the Commission on

24  Ethics into an alleged violation of this paragraph,

25  allegations are made as to the identity of the person giving

26  or providing the prohibited gift, that person must be given

27  notice and an opportunity to participate in the investigation

28  and relevant proceedings to present a defense. If the

29  Commission on Ethics determines that the person gave or

30  provided a prohibited gift, the person may not appear before

31  


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    CS for CS for SB 2232                          First Engrossed



 1  the commission or otherwise represent anyone before the

 2  commission for a period of 2 years.

 3         (b)  A commissioner may not accept any form of

 4  employment with or engage in any business activity with any

 5  business entity which, either directly or indirectly, owns or

 6  controls any public utility regulated by the commission, any

 7  public utility regulated by the commission, or any business

 8  entity which, either directly or indirectly, is an affiliate

 9  or subsidiary of any public utility regulated by the

10  commission.

11         (c)  A commissioner may not have any financial

12  interest, other than shares in a mutual fund, in any public

13  utility regulated by the commission, in any business entity

14  which, either directly or indirectly, owns or controls any

15  public utility regulated by the commission, or in any business

16  entity which, either directly or indirectly, is an affiliate

17  or subsidiary of any public utility regulated by the

18  commission.  If a commissioner acquires any financial interest

19  prohibited by this section during his or her term of office as

20  a result of events or actions beyond the commissioner's

21  control, he or she shall immediately sell such financial

22  interest or place such financial interest in a blind trust at

23  a financial institution.  A commissioner may not attempt to

24  influence, or exercise any control over, decisions regarding

25  the blind trust.

26         (d)  A commissioner may not accept anything from a

27  party in a proceeding currently pending before the commission.

28  If, during the course of an investigation by the Commission on

29  Ethics into an alleged violation of this paragraph,

30  allegations are made as to the identity of the person giving

31  or providing the prohibited gift, that person must be given


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    CS for CS for SB 2232                          First Engrossed



 1  notice and an opportunity to participate in the investigation

 2  and relevant proceedings to present a defense. If the

 3  Commission on Ethics determines that the person gave or

 4  provided a prohibited gift, the person may not appear before

 5  the commission or otherwise represent anyone before the

 6  commission for a period of 2 years.

 7         (e)  A commissioner may not serve as the representative

 8  of any political party or on any executive committee or other

 9  governing body of a political party; serve as an executive

10  officer or employee of any political party, committee,

11  organization, or association; receive remuneration for

12  activities on behalf of any candidate for public office;

13  engage on behalf of any candidate for public office in the

14  solicitation of votes or other activities on behalf of such

15  candidacy; or become a candidate for election to any public

16  office without first resigning from office.

17         (f)  A commissioner, during his or her term of office,

18  may not make any public comment regarding the merits of any

19  proceeding under ss. 120.569 and 120.57 currently pending

20  before the commission.

21         (g)  A commissioner may not conduct himself or herself

22  in an unprofessional manner at any time during the performance

23  of his or her official duties.

24         (h)  A commissioner must avoid impropriety in all of

25  his or her activities and must act at all times in a manner

26  that promotes public confidence in the integrity and

27  impartiality of the commission.

28         (i)  A commissioner may not directly or indirectly,

29  through staff or other means, solicit any thing of value from

30  any public utility regulated by the commission, or from any

31  business entity that, whether directly or indirectly, is an


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    CS for CS for SB 2232                          First Engrossed



 1  affiliate or subsidiary of any public utility regulated by the

 2  commission, or from any party appearing in a proceeding

 3  considered by the commission in the last 2 years.

 4         Section 24.  Subsection (7) of section 350.042, Florida

 5  Statutes, is amended to read:

 6         350.042  Ex parte communications.--

 7         (7)(a)  It shall be the duty of the Commission on

 8  Ethics to receive and investigate sworn complaints of

 9  violations of this section pursuant to the procedures

10  contained in ss. 112.322-112.3241.

11         (b)  If the Commission on Ethics finds that there has

12  been a violation of this section by a public service

13  commissioner, it shall provide the Governor and the Florida

14  Public Service Commission Nominating Council with a report of

15  its findings and recommendations. The Governor is authorized

16  to enforce the findings and recommendations of the Commission

17  on Ethics, pursuant to part III of chapter 112.

18         (c)  If a commissioner fails or refuses to pay the

19  Commission on Ethics any civil penalties assessed pursuant to

20  the provisions of this section, the Commission on Ethics may

21  bring an action in any circuit court to enforce such penalty.

22         (d)  If, during the course of an investigation by the

23  Commission on Ethics into an alleged violation of this

24  paragraph, allegations are made as to the identity of the

25  person who participated in the ex parte communication, that

26  person must be given notice and an opportunity to participate

27  in the investigation and relevant proceedings to present a

28  defense. If the Commission on Ethics determines that the

29  person participated in the ex parte communication, the person

30  may not appear before the commission or otherwise represent

31  anyone before the commission for a period of 2 years.


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    CS for CS for SB 2232                          First Engrossed



 1         Section 25.  Subsection (1) of section 350.061, Florida

 2  Statutes, is amended to read:

 3         350.061  Public Counsel; appointment; oath;

 4  restrictions on Public Counsel and his or her employees.--

 5         (1)  The Committee on Public Service Commission

 6  Oversight Joint Legislative Auditing Committee shall appoint a

 7  Public Counsel by majority vote of the members of the

 8  committee to represent the general public of Florida before

 9  the Florida Public Service Commission. The Public Counsel

10  shall be an attorney admitted to practice before the Florida

11  Supreme Court and shall serve at the pleasure of the Joint

12  Legislative Auditing Committee on Public Service Commission

13  Oversight, subject to biennial annual reconfirmation by the

14  committee. The Public Counsel shall perform his or her duties

15  independently. Vacancies in the office shall be filled in the

16  same manner as the original appointment.

17         Section 26.  Subsection (2) of section 350.0614,

18  Florida Statutes, is amended to read:

19         350.0614  Public Counsel; compensation and expenses.--

20         (2)  The Legislature hereby declares and determines

21  that the Public Counsel is under the legislative branch of

22  government within the intention of the legislation as

23  expressed in chapter 216, and no power shall be in the

24  Executive Office of the Governor or its successor to release

25  or withhold funds appropriated to it, but the same shall be

26  available for expenditure as provided by law and the rules or

27  decisions of the Joint Auditing Committee on Public Service

28  Commission Oversight.

29         Section 27.  Except for sections 20 through 26, which

30  shall take effect October 1, 2005, the penalty provisions of

31  which and the provisions of which that create new standards of


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    CS for CS for SB 2232                          First Engrossed



 1  conduct apply to violations occurring on or after that date,

 2  this act shall take effect upon becoming a law.

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