HB 533

1
A bill to be entitled
2An act relating to testimony before the Public Service
3Commission; creating s. 350.122, F.S.; requiring each
4person offering testimony at a meeting, workshop, hearing,
5or other scheduled event of the Public Service Commission
6to disclose any financial or fiduciary relationship with
7any public utility; requiring such disclosures to be filed
8in writing with the office of the commission and with the
9office of the Public Counsel before testimony is provided
10to the commission; providing a penalty for failure to make
11such disclosure; providing procedures for a petition for a
12hearing to review the penalty; providing an effective
13date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 350.122, Florida Statutes, is created
18to read:
19     350.122  Testimony; public disclosure of affiliation.-
20     (1)  Each person offering testimony at a meeting, workshop,
21hearing, or other scheduled event of the Public Service
22Commission shall disclose any financial or fiduciary
23relationship with any public utility, as defined in s. 366.02,
24at the time the testimony is provided to the commission and as
25required by subsection (2). Such disclosure shall include:
26     (a)  Any charitable contribution made by any public utility
27to any organization represented by the person testifying.
28     (b)  Positions of governance that are held by an employee
29of any public utility within the organization represented by the
30person testifying.
31     (c)  Any gifts as defined in chapter 112 received from any
32public utility, or from any business entity which, directly or
33indirectly, is an affiliate or subsidiary of any public utility
34regulated by the commission.
35     (2)  Disclosures required under subsection (1) shall also
36be filed in writing with the office of the clerk of the
37commission and with the office of the Public Counsel before the
38testimony is provided to the commission.
39     (3)  Any person who knowingly violates this section, as
40determined by and issued in a final order of the commission, may
41not offer testimony to or appear before the commission or
42otherwise represent anyone before the commission for a period of
432 years.
44     (4)  The determination by the commission that a person has
45knowingly violated this section shall be agency action under
46chapter 120. Any petition for a hearing under chapter 120 must
47be filed by the person with the Division of Administrative
48Hearings within 30 days after the order under subsection (3) is
49filed with the clerk of the commission. In such case, the person
50shall, within the 30-day period, notify the clerk of the
51commission of his or her intention to request a hearing.
52     Section 2.  This act shall take effect July 1, 2010.


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