CS/HB 7209

1	A bill to be entitled
2	An act relating to reorganization of the Public Service
3	Commission; amending s. 20.121, F.S.; establishing the
4	Office of Regulatory Staff within the Financial Services
5	Commission; requiring the executive director of the Office
6	of Regulatory Staff to meet specified requirements;
7	providing that the executive director's appointment is
8	subject to Senate confirmation; amending s. 112.324, F.S.;
9	revising provisions for disposition of ethics complaints
10	against the Public Counsel and employees of the Public
11	Counsel; amending s. 186.801, F.S.; directing the
12	commission to request assistance from the Office of
13	Regulatory Staff to make a preliminary study of certain
14	site plans submitted to the commission by electric
15	utilities; amending s. 350.001, F.S.; revising legislative
16	intent; amending s. 350.011, F.S.; prohibiting certain
17	acts by commissioners and commission staff; repealing s.
18	350.012, F.S., relating to the creation and organization
19	of the Committee on Public Counsel Oversight; amending s.
20	350.031, F.S.; revising requirements for nomination by the
21	Public Service Commission Nominating Council for
22	appointment to the commission; creating s. 350.035, F.S.;
23	prohibiting attempts by certain persons to sway the
24	judgment of commissioners; providing for the Commission on
25	Ethics to investigate complaints of violations pursuant to
26	specified procedures; amending s. 350.04, F.S.; providing
27	requirements for nomination by the Public Service
28	Commission Nominating Council for appointment to the
29	commission; requiring commissioners to complete a course
30	of study developed by the executive director and general
31	counsel of the Office of Regulatory Staff; requiring
32	commissioners to complete continuing education; providing
33	training requirements for commissioners and commission
34	employees; requiring certifications of compliance to be
35	provided to the Legislature; amending s. 350.041, F.S.;
36	revising legislative intent; revising standards of conduct
37	for commissioners; revising provisions for investigation
38	and reports by the Commission on Ethics of alleged
39	violations; authorizing commission employees and the
40	executive director of the Office of Regulatory Staff to
41	request opinions from the Commission on Ethics; amending
42	s. 350.042, F.S.; revising provisions for communications
43	concerning agency action proceedings and proceedings under
44	specified provisions; providing for application of such
45	provisions to commission employees; revising restrictions
46	on such communications by commissioners and commission
47	employees; defining the term "ex parte communication";
48	providing a civil penalty; amending s. 350.06, F.S.;
49	revising provisions for the offices of the commission,
50	payment of moneys, and employment of personnel; amending
51	s. 350.0605, F.S.; restricting employment of a former
52	executive director or former employee of the Office of
53	Regulatory Staff; amending s. 350.061, F.S.; providing for
54	appointment of the Public Counsel by, and service of the
55	Public Counsel at the pleasure of, the Attorney General;
56	amending ss. 350.0613 and 350.0614, F.S.; providing powers
57	and duties of the Attorney General regarding the Public
58	Counsel and his or her employees to conform provisions to
59	the transfer of the Public Counsel; transferring the
60	Office of Public Counsel from the legislative branch to
61	the Office of the Attorney General; creating s. 350.071,
62	F.S.; creating the Office of Regulatory Staff within the
63	Financial Services Commission; providing for the office to
64	be considered a party of record in all proceedings before
65	the Public Service Commission; requiring the commission to
66	notify the office of certain proceedings; providing
67	purpose of the office; defining the term "public
68	interest"; providing that the office is subject to certain
69	provisions governing ex parte communications; creating s.
70	350.072, F.S.; providing for an executive director and
71	employees of the office; providing duties and
72	responsibilities of the executive director; providing for
73	submission of a budget to the Financial Services
74	Commission; providing for the location, internal
75	administration, and operation of the office; creating s.
76	350.073, F.S.; providing for appointment, term,
77	qualifications, and salary of the executive director of
78	the office; providing for application of specified
79	provisions for standards of conduct; creating s. 350.074,
80	F.S.; providing duties of the office; authorizing the
81	office to intervene in certain proceedings; requiring the
82	office to provide an annual report to the Legislature;
83	directing the commission and the office to establish
84	procedures by which the office may elect not to
85	participate as a party in certain matters; transferring
86	from the commission all powers, duties, functions,
87	records, offices, personnel, property, pending issues, and
88	existing contracts, administrative authority,
89	administrative rules, and unexpended balances of funds not
90	related to the duties and responsibilities of the
91	commission to the office; creating s. 350.075, F.S.;
92	authorizing the office to access certain books and
93	records; amending s. 350.113, F.S.; revising authorized
94	uses of the Florida Public Service Regulatory Trust Fund;
95	amending s. 350.117, F.S.; authorizing the office to
96	require reports; requiring a copy of any report provided
97	to the commission to be provided to the office;
98	authorizing the commission to request that the office
99	perform management and operation audits of any regulated
100	company; repealing s. 350.121, F.S., relating to
101	commission inquiries and the confidentiality of business
102	material; creating s. 350.122, F.S.; requiring persons
103	testifying before the Public Service Commission to
104	disclose certain financial and fiduciary relationships;
105	providing that a determination by the commission that a
106	violation occurred constitutes agency action for which a
107	hearing may be sought; amending s. 364.016, F.S.;
108	authorizing the office to assess a telecommunications
109	company for certain travel costs; amending s. 364.02,
110	F.S.; defining the term "office" as used in provisions
111	relating to telecommunications companies; amending s.
112	364.15, F.S.; revising provisions authorizing the
113	commission to compel changes to a telecommunications
114	facility; amending s. 364.183, F.S.; providing that the
115	office shall have access to certain records of a
116	telecommunications company and may require a
117	telecommunications company to file records, reports, or
118	other data; specifying limitations on the authority of the
119	commission to access records; providing for the office to
120	maintain confidentiality; amending s. 364.185, F.S.;
121	providing powers of the office to investigate and inspect
122	telecommunications companies; removing such powers from
123	the commission; amending s. 364.335, F.S.; revising the
124	authority of the commission to institute a proceeding to
125	determine whether the grant of a certificate of need
126	concerning construction, operation, or control of a
127	telecommunications facility is in the public interest;
128	amending s. 364.3376, F.S.; providing for the office to
129	conduct certain investigations; amending s. 364.3381,
130	F.S.; revising the authority of the commission to
131	investigate allegations of certain anticompetitive
132	practices; amending s. 364.37, F.S.; revising the
133	authority of the commission to make such order and
134	prescribe such terms and conditions with respect to
135	controversies concerning territory to be served by a
136	telecommunications facility; amending s. 366.02, F.S.;
137	defining the term "office" as used in provisions relating
138	to public utilities; amending s. 366.05, F.S.; authorizing
139	the office to make certain purchases for examinations and
140	testing; providing that the office shall have access to
141	certain records and may require records, reports, or other
142	data; specifying limitations on the authority of the
143	commission to access records; authorizing the office to
144	assess a public utility for certain travel costs; amending
145	ss. 366.06, 366.07, 366.071, and 366.076, F.S.; removing
146	authority of the commission to initiate certain
147	proceedings or take certain actions upon its own motion;
148	amending s. 366.08, F.S.; providing powers of the office
149	to investigate public utilities; removing such powers from
150	the commission; amending s. 366.093, F.S.; providing
151	powers of the office to have access to records; specifying
152	limitations on the authority of the commission to access
153	records; providing for the office to maintain
154	confidentiality; amending s. 366.82, F.S.; revising the
155	authority of the commission to require modifications or
156	additions to a utility's plans and programs; amending s.
157	367.021, F.S.; defining the term "office" as used in
158	provisions relating to water and wastewater utilities;
159	amending s. 367.045, F.S.; requiring a water or wastewater
160	utility to provide notice to the office when it applies
161	for an initial or amended certificate of authorization;
162	providing for an objection and a request for a public
163	hearing by the office; requiring the commission to give
164	notice of certain actions upon petition of the office;
165	amending s. 367.081, F.S.; revising the authority of the
166	commission to fix rates of water and wastewater utilities
167	or implement changes of such rates; amending s. 367.0814,
168	F.S.; providing for a water or wastewater utility to
169	request and obtain assistance from the office for the
170	purpose of changing its rates and charges; revising the
171	authority of the commission to authorize interim rates;
172	directing the commission to request from the office any
173	information necessary to complete a status report;
174	amending ss. 367.0817, 367.082, 367.0822, and 367.083,
175	F.S.; revising authority of the commission to initiate
176	certain proceedings or take certain actions upon its own
177	motion; amending s. 367.101, F.S.; providing that the
178	commission shall, upon request, direct the office to
179	investigate agreements or proposals for charges and
180	conditions for service availability and report the
181	results; amending s. 367.121, F.S.; revising powers of the
182	commission; providing powers of the office; amending s.
183	367.122, F.S.; providing for the office to test meters;
184	amending s. 367.145, F.S.; revising provisions for use of
185	certain regulatory fees; amending s. 367.156, F.S.;
186	providing powers of the office to have access to records;
187	specifying limitations on the authority of the commission
188	to access records; providing for the office to maintain
189	confidentiality; amending s. 367.171, F.S.; revising
190	provisions for jurisdiction of certain cases involving a
191	utility that becomes subject to county regulation;
192	amending s. 368.05, F.S., relating to gas transmission and
193	distribution facilities; prohibiting the commission from
194	initiating proceedings under specified provisions on its
195	own motion; specifying limitations on the authority of the
196	commission to access records; amending s. 368.061, F.S.;
197	revising provisions for compromise of a civil penalty;
198	revising the authority of the commission to initiate
199	injunction proceedings; amending s. 368.103, F.S.;
200	defining the term "office" as used in the "Natural Gas
201	Transmission Pipeline Intrastate Regulatory Act";
202	amending ss. 368.106 and 368.107, F.S.; revising the
203	authority of the commission to initiate certain
204	proceedings or take certain actions concerning rates;
205	amending s. 368.108, F.S.; providing powers of the office
206	to have access to records; specifying limitations on the
207	authority of the commission to access records; providing
208	for the office to maintain confidentiality; amending s.
209	368.1085, F.S.; authorizing the office to assess a natural
210	gas transmission company for certain travel costs;
211	removing the authority of the commission to assess such
212	costs; amending s. 368.109, F.S.; revising provisions for
213	use of certain regulatory fees; amending ss. 403.519,
214	403.537, and 403.9422, F.S., relating to siting of
215	electrical transmission lines; revising authority of the
216	commission to initiate certain proceedings or take certain
217	actions upon its own motion; amending ss. 196.012,
218	199.183, 212.08, 288.0655, 290.007, 364.602, 489.103, and
219	624.105, F.S.; conforming cross-references; providing an
220	effective date.
221
222	Be It Enacted by the Legislature of the State of Florida:
223
224	Section 1.  Subsection (3) of section 20.121, Florida
225	Statutes, is amended to read:
226	20.121  Department of Financial Services.-There is created
227	a Department of Financial Services.
228	(3)  FINANCIAL SERVICES COMMISSION.-Effective January 7,
229	2003, there is created within the Department of Financial
230	Services the Financial Services Commission, composed of the
231	Governor, the Attorney General, the Chief Financial Officer, and
232	the Commissioner of Agriculture, which shall for purposes of
233	this section be referred to as the commission. Commission
234	members shall serve as agency head of the Financial Services
235	Commission. The commission shall be a separate budget entity and
236	shall be exempt from the provisions of s. 20.052. Commission
237	action shall be by majority vote consisting of at least three
238	affirmative votes. The commission shall not be subject to
239	control, supervision, or direction by the Department of
240	Financial Services in any manner, including purchasing,
241	transactions involving real or personal property, personnel, or
242	budgetary matters.
243	(a)  Structure.-The major structural unit of the commission
244	is the office. Each office shall be headed by a director. The
245	following offices are established:
246	1.  The Office of Insurance Regulation, which shall be
247	responsible for all activities concerning insurers and other
248	risk bearing entities, including licensing, rates, policy forms,
249	market conduct, claims, issuance of certificates of authority,
250	solvency, viatical settlements, premium financing, and
251	administrative supervision, as provided under the insurance code
252	or chapter 636. The head of the Office of Insurance Regulation
253	is the Director of the Office of Insurance Regulation, who may
254	also be known as the Commissioner of Insurance Regulation.
255	2.  The Office of Financial Regulation, which shall be
256	responsible for all activities of the Financial Services
257	Commission relating to the regulation of banks, credit unions,
258	other financial institutions, finance companies, and the
259	securities industry. The head of the office is the Director of
260	the Office of Financial Regulation, who may also be known as the
261	Commissioner of Financial Regulation. The Office of Financial
262	Regulation shall include a Bureau of Financial Investigations,
263	which shall function as a criminal justice agency for purposes
264	of ss. 943.045-943.08 and shall have a separate budget. The
265	bureau may conduct investigations within or outside this state
266	as the bureau deems necessary to aid in the enforcement of this
267	section. If, during an investigation, the office has reason to
268	believe that any criminal law of this state has or may have been
269	violated, the office shall refer any records tending to show
270	such violation to state or federal law enforcement or
271	prosecutorial agencies and shall provide investigative
272	assistance to those agencies as required.
273	3.  The Office of Regulatory Staff, which shall represent
274	the public interest with respect to matters within the
275	jurisdiction of the Public Service Commission. The Office of
276	Regulatory Staff shall be headed by an executive director and
277	shall be organized and function independently under the
278	provisions of chapter 350.
279	(b)  Organization.-The commission shall establish by rule
280	any additional organizational structure of the offices. It is
281	the intent of the Legislature to provide the commission with the
282	flexibility to organize the offices in any manner they determine
283	appropriate to promote both efficiency and accountability.
284	(c)  Powers.-Commission members shall serve as the agency
285	head for purposes of rulemaking under ss. 120.536-120.565 by the
286	commission and all subunits of the commission. Each director is
287	agency head for purposes of final agency action under chapter
288	120 for all areas within the regulatory authority delegated to
289	the director's office.
290	(d)  Appointment and qualifications of directors.-The
291	commission shall appoint or remove each director by a majority
292	vote consisting of at least three affirmative votes, with both
293	the Governor and the Chief Financial Officer on the prevailing
294	side. The minimum qualifications of the directors are as
295	follows:
296	1.  Prior to appointment as director, the director of the
297	Office of Insurance Regulation must have had, within the
298	previous 10 years, at least 5 years of responsible private
299	sector experience working full time in areas within the scope of
300	the subject matter jurisdiction of the Office of Insurance
301	Regulation or at least 5 years of experience as a senior
302	examiner or other senior employee of a state or federal agency
303	having regulatory responsibility over insurers or insurance
304	agencies.
305	2.  Prior to appointment as director, the director of the
306	Office of Financial Regulation must have had, within the
307	previous 10 years, at least 5 years of responsible private
308	sector experience working full time in areas within the subject
309	matter jurisdiction of the Office of Financial Regulation or at
310	least 5 years of experience as a senior examiner or other senior
311	employee of a state or federal agency having regulatory
312	responsibility over financial institutions, finance companies,
313	or securities companies.
314	3.  The executive director of the Office of Regulatory
315	Staff must meet the qualification requirements under s. 350.073.
316	Appointment of the executive director is subject to confirmation
317	by the Senate.
318	(e)  Administrative support.-The offices shall have a
319	sufficient number of attorneys, examiners, investigators, other
320	professional personnel to carry out their responsibilities and
321	administrative personnel as determined annually in the
322	appropriations process. The Department of Financial Services
323	shall provide administrative and information systems support to
324	the offices.
325	(f)  Records retention schedules.-The commission and the
326	offices may destroy general correspondence files and also any
327	other records that they deem no longer necessary to preserve in
328	accordance with retention schedules and destruction notices
329	established under rules of the Division of Library and
330	Information Services, records and information management
331	program, of the Department of State. Such schedules and notices
332	relating to financial records of the commission and offices
333	shall be subject to the approval of the Auditor General.
334	(g)  Records storage.-The commission and offices may
335	photograph, microphotograph, or reproduce on film such documents
336	and records as they may select, in such manner that each page
337	will be exposed in exact conformity with the original. After
338	reproduction and filing, original documents and records may be
339	destroyed in accordance with the provisions of paragraph (f).
340	Section 2.  Paragraphs (a) and (c) of subsection (8) of
341	section 112.324, Florida Statutes, are amended to read:
342	112.324  Procedures on complaints of violations; public
343	records and meeting exemptions.-
344	(8)  If, in cases pertaining to complaints other than
345	complaints against impeachable officers or members of the
346	Legislature, upon completion of a full and final investigation
347	by the commission, the commission finds that there has been a
348	violation of this part or of s. 8, Art. II of the State
349	Constitution, it shall be the duty of the commission to report
350	its findings and recommend appropriate action to the proper
351	disciplinary official or body as follows, and such official or
352	body shall have the power to invoke the penalty provisions of
353	this part, including the power to order the appropriate
354	elections official to remove a candidate from the ballot for a
355	violation of s. 112.3145 or s. 8(a) and (i), Art. II of the
356	State Constitution:
357	(a)  The President of the Senate and the Speaker of the
358	House of Representatives, jointly, in any case concerning the
359	Public Counsel, members of the Public Service Commission,
360	members of the Public Service Commission Nominating Council, the
361	Auditor General, the director of the Office of Program Policy
362	Analysis and Government Accountability, or members of the
363	Legislative Committee on Intergovernmental Relations.
364	(c)  The President of the Senate, in any case concerning an
365	employee of the Senate; the Speaker of the House of
366	Representatives, in any case concerning an employee of the House
367	of Representatives; or the President and the Speaker, jointly,
368	in any case concerning an employee of a committee of the
369	Legislature whose members are appointed solely by the President
370	and the Speaker or in any case concerning an employee of the
371	Public Counsel, Public Service Commission, Auditor General,
372	Office of Program Policy Analysis and Government Accountability,
373	or Legislative Committee on Intergovernmental Relations.
374	Section 3.  Subsection (2) of section 186.801, Florida
375	Statutes, is amended to read:
376	186.801  Ten-year site plans.-
377	(2)  Within 9 months after the receipt of the proposed
378	plan, the commission shall request assistance from the Office of
379	Regulatory Staff to make a preliminary study of such plan and
380	shall classify the plan it as "suitable" or "unsuitable." The
381	commission may suggest alternatives to the plan. All findings of
382	the commission shall be made available to the Department of
383	Environmental Protection for its consideration at any subsequent
384	electrical power plant site certification proceedings. It is
385	recognized that 10-year site plans submitted by an electric
386	utility are tentative information for planning purposes only and
387	may be amended at any time at the discretion of the utility upon
388	written notification to the commission. A complete application
389	for certification of an electrical power plant site under
390	chapter 403, when such site is not designated in the current 10-
391	year site plan of the applicant, shall constitute an amendment
392	to the 10-year site plan. In its preliminary study of each 10-
393	year site plan, the commission shall consider such plan as a
394	planning document and shall review:
395	(a)  The need, including the need as determined by the
396	commission, for electrical power in the area to be served.
397	(b)  The effect on fuel diversity within the state.
398	(c)  The anticipated environmental impact of each proposed
399	electrical power plant site.
400	(d)  Possible alternatives to the proposed plan.
401	(e)  The views of appropriate local, state, and federal
402	agencies, including the views of the appropriate water
403	management district as to the availability of water and its
404	recommendation as to the use by the proposed plant of salt water
405	or fresh water for cooling purposes.
406	(f)  The extent to which the plan is consistent with the
407	state comprehensive plan.
408	(g)  The plan with respect to the information of the state
409	on energy availability and consumption.
410	Section 4.  Section 350.001, Florida Statutes, is amended
411	to read:
412	350.001  Legislative intent.-
413	(1)  The Florida Public Service Commission has been and
414	shall continue to be an arm of the legislative branch of
415	government. In the exercise of its jurisdiction, the commission
416	shall neither establish nor implement any regulatory policy that
417	is contrary to, or is an expansion of, the authority granted to
418	it by the Legislature.
419	(2)  The Public Service Commission and its staff shall
420	perform their its duties independently, impartially,
421	professionally, honorably, and without undue influence from any
422	person.
423	(3)  It is the desire of the Legislature that the Governor
424	participate in the appointment process of commissioners to the
425	Public Service Commission. The Legislature accordingly delegates
426	to the Governor a limited authority with respect to the Public
427	Service Commission by authorizing him or her to participate in
428	the selection of members only in the manner prescribed by s.
429	350.031.
430	Section 5.  Section 350.011, Florida Statutes, is amended
431	to read:
432	350.011  Florida Public Service Commission; jurisdiction;
433	powers and duties.-
434	(1)  The state regulatory agency heretofore known as the
435	Florida Railroad and Public Utilities Commission or Florida
436	Public Utilities Commission shall be known and hereafter called
437	Florida Public Service Commission, and all rights, powers,
438	duties, responsibilities, jurisdiction, and judicial powers now
439	vested in said Railroad and Public Utilities Commission or said
440	Florida Public Utilities Commission and the commissioners
441	thereof are vested in the Florida Public Service Commission and
442	the commissioners thereof.
443	(2)  The commissioners of the Florida Public Service
444	Commission shall not supervise, direct, or control any person
445	whose services are employed by the Office of Regulatory Staff
446	created under ss. 20.121 and 350.071.
447	(3)  Notwithstanding any other provision of law, the
448	commission shall not inspect, audit, or examine any entity
449	subject to the jurisdiction of the commission pursuant to any
450	provision of law, as these functions are the sole responsibility
451	of the Office of Regulatory Staff.
452	(4)  The commission staff shall not appear as a party in
453	commission proceedings or offer testimony on issues before the
454	commission. The commission staff shall not conduct discovery,
455	either informally or pursuant to the Florida Rules of Civil
456	Procedure, in any proposed agency action proceeding or any
457	proceeding under s. 120.569 or s. 120.57 in which the
458	substantial interests of a party are determined by the
459	commission.
460	Section 6.  Section 350.012, Florida Statutes, is repealed.
461	Section 7.  Paragraphs (b) and (d) of subsection (1) and
462	subsection (5) of section 350.031, Florida Statutes, are amended
463	to read:
464	350.031  Florida Public Service Commission Nominating
465	Council.-
466	(1)
467	(b)  All terms shall be for 4 years except those members of
468	the House and Senate, who shall serve 2-year terms concurrent
469	with the 2-year elected terms of House members. All terms of the
470	members of the Public Service Commission Nominating Council
471	existing on June 30, 2008, shall terminate upon the effective
472	date of this act; however, such members may serve an additional
473	term if reappointed by the Speaker of the House of
474	Representatives or the President of the Senate. To establish
475	staggered terms, appointments of members shall be made for
476	initial terms to begin on July 1, 2008, with each appointing
477	officer to appoint three legislator members, one of whom shall
478	be a member of the minority party, to terms through the
479	remainder of the 2-year elected terms of House members; one
480	nonlegislator member to a 6-month term; one nonlegislator member
481	to an 18-month term; and one nonlegislator member to a 42-month
482	term. Thereafter, the terms of the nonlegislator members of the
483	Public Service Commission Nominating Council shall begin on
484	January 2 of the year the term commences and end 4 years later
485	on January 1.
486	(d)  Vacancies on the council shall be filled for the
487	unexpired portion of the term in the same manner as original
488	appointments to the council. A member may not be reappointed to
489	the council, except for a member of the House of Representatives
490	or the Senate who may be appointed to two 2-year terms, members
491	who are reappointed pursuant to paragraph (b), or a person who
492	is appointed to fill the remaining portion of an unexpired term.
493	(5)  A person may not be nominated to the Governor for
494	appointment to the Public Service Commission until the council
495	has determined that the person satisfies the qualifications set
496	forth in s. 350.04(2) is competent and knowledgeable in one or
497	more fields, which shall include, but not be limited to: public
498	affairs, law, economics, accounting, engineering, finance,
499	natural resource conservation, energy, or another field
500	substantially related to the duties and functions of the
501	commission. The commission shall fairly represent the above-
502	stated fields identified in s. 350.04(2). Recommendations of the
503	council shall be nonpartisan.
504	Section 8.  Section 350.035, Florida Statutes, is created
505	to read:
506	350.035  Prohibited influence on commissioners.-Neither the
507	Governor, the President of the Senate, the Speaker of the House
508	of Representatives, nor a member of the Public Service
509	Commission Nominating Council shall attempt to sway the
510	independent judgment of the commission by bringing pressure to
511	bear upon a commissioner or commission employee through that
512	person's role in the nomination, appointment, or confirmation of
513	commissioners. It is the duty of the Commission on Ethics to
514	receive and investigate sworn complaints of violations of this
515	section pursuant to ss. 112.322-112.3241.
516	Section 9.  Section 350.04, Florida Statutes, is amended to
517	read:
518	350.04  Qualifications of commissioners; training and
519	continuing education.-
520	(1)  A commissioner may not, at the time of appointment or
521	during his or her term of office:
522	(a)(1)  Have any financial interest, other than ownership
523	of shares in a mutual fund, in any business entity which, either
524	directly or indirectly, owns or controls any public utility
525	regulated by the commission, in any public utility regulated by
526	the commission, or in any business entity which, either directly
527	or indirectly, is an affiliate or subsidiary of any public
528	utility regulated by the commission.
529	(b)(2)  Be employed by or engaged in any business activity
530	with any business entity which, either directly or indirectly,
531	owns or controls any public utility regulated by the commission,
532	by any public utility regulated by the commission, or by any
533	business entity which, either directly or indirectly, is an
534	affiliate or subsidiary of any public utility regulated by the
535	commission.
536	(2)  Each person recommended for appointment to the Public
537	Service Commission by the Public Service Commission Nominating
538	Council must:
539	(a)  Have earned at least a baccalaureate degree from an
540	institution of higher learning accredited by a regional or
541	national accrediting body; and
542	(b)  Possess a minimum of 10 years of professional
543	experience, or a minimum of 6 years of professional experience
544	if the person has earned an advanced degree, in one or more of
545	the following:
546	1.  Energy or electric industry issues.
547	2.  Telecommunications issues.
548	3.  Water and sewer industry issues.
549	4.  Finance.
550	5.  Economics.
551	6.  Accounting.
552	7.  Engineering.
553	8.  Law.
554	(3)  Before voting on any matter before the Public Service
555	Commission, each person appointed to the commission after July
556	1, 2010, shall complete a comprehensive course of study,
557	developed by the executive director and general counsel of the
558	Office of Regulatory Staff in coordination with the National
559	Association of Regulatory Utility Commissioners Subcommittee on
560	Education and Research, that addresses the substantive matters
561	within the jurisdiction of the commission, administrative law
562	applicable to commission proceedings, and standards of conduct
563	applicable to commissioners. Thereafter, each commissioner must
564	annually complete no less than 10 hours of continuing
565	professional education directly related to substantive matters
566	within the jurisdiction of the commission.
567	(4)  No less than once every 12 months, each commissioner
568	and commission employee shall receive training, in a form
569	developed by the executive director and general counsel of the
570	Office of Regulatory Staff, that addresses the ethical standards
571	of conduct applicable to commissioners and their staff.
572	(5)  The chair of the Public Service Commission shall
573	certify the commission's compliance with these requirements, and
574	each commissioner shall certify his or her individual compliance
575	with the continuing professional education requirements provided
576	in subsection (3). Each certification of compliance shall be
577	provided to the President of the Senate and the Speaker of the
578	House of Representatives.
579	Section 10.  Section 350.041, Florida Statutes, is amended
580	to read:
581	350.041  Commissioners; standards of conduct.-
582	(1)  STATEMENT OF INTENT.-
583	(a)  Professional, impartial, and honorable commissioners
584	are indispensable to the effective performance of the
585	commission's duties. A commissioner shall maintain high
586	standards of conduct and shall personally observe those
587	standards so that the integrity and impartiality of the
588	commission may be preserved. The standards of conduct provided
589	in this section should be construed and applied to further that
590	objective.
591	(b)  In addition to the provisions of part III of chapter
592	112, which are applicable to public service commissioners by
593	virtue of their being public officers and full-time employees of
594	the legislative branch of government, the conduct of public
595	service commissioners shall be governed by the standards of
596	conduct provided in this section. Nothing shall prohibit the
597	standards of conduct from being more restrictive than part III
598	of chapter 112. Further, this section shall not be construed to
599	contravene the restrictions of part III of chapter 112. In the
600	event of a conflict between this section and part III of chapter
601	112, the more restrictive provision shall apply.
602	(2)  STANDARDS OF CONDUCT.-
603	(a)  A commissioner may not accept anything from any
604	business entity which, either directly or indirectly, owns or
605	controls any public utility regulated by the commission, from
606	any public utility regulated by the commission, or from any
607	business entity which, either directly or indirectly, is an
608	affiliate or subsidiary of any public utility regulated by the
609	commission. A commissioner may attend conferences and associated
610	meals and events that are generally available to all conference
611	participants without payment of any fees in addition to the
612	conference fee. Additionally, while attending a conference, a
613	commissioner may attend meetings, meals, or events that are not
614	sponsored, in whole or in part, by any representative of any
615	public utility regulated by the commission and that are limited
616	to commissioners only, committee members, or speakers if the
617	commissioner is a member of a committee of the association of
618	regulatory agencies that organized the conference or is a
619	speaker at the conference. It is not a violation of this
620	paragraph for a commissioner to attend a conference for which
621	conference participants who are employed by a utility regulated
622	by the commission have paid a higher conference registration fee
623	than the commissioner, or to attend a meal or event that is
624	generally available to all conference participants without
625	payment of any fees in addition to the conference fee and that
626	is sponsored, in whole or in part, by a utility regulated by the
627	commission. If, during the course of an investigation by the
628	Commission on Ethics into an alleged violation of this
629	paragraph, allegations are made as to the identity of the person
630	giving or providing the prohibited gift, that person must be
631	given notice and an opportunity to participate in the
632	investigation and relevant proceedings to present a defense. If
633	the Commission on Ethics determines that the person gave or
634	provided a prohibited gift, the person may not appear before the
635	commission or otherwise represent anyone before the commission
636	for a period of 2 years.
637	(b)  A commissioner may not accept any form of employment
638	with or engage in any business activity with any business entity
639	which, either directly or indirectly, owns or controls any
640	public utility regulated by the commission, any public utility
641	regulated by the commission, or any business entity which,
642	either directly or indirectly, is an affiliate or subsidiary of
643	any public utility regulated by the commission.
644	(c)  A commissioner may not have any financial interest,
645	other than shares in a mutual fund, in any public utility
646	regulated by the commission, in any business entity which,
647	either directly or indirectly, owns or controls any public
648	utility regulated by the commission, or in any business entity
649	which, either directly or indirectly, is an affiliate or
650	subsidiary of any public utility regulated by the commission. If
651	a commissioner acquires any financial interest prohibited by
652	this section during his or her term of office as a result of
653	events or actions beyond the commissioner's control, he or she
654	shall immediately sell such financial interest or place such
655	financial interest in a blind trust at a financial institution.
656	A commissioner may not attempt to influence, or exercise any
657	control over, decisions regarding the blind trust.
658	(d)  A commissioner may not accept anything from a party in
659	a proceeding currently pending before the commission. If, during
660	the course of an investigation by the Commission on Ethics into
661	an alleged violation of this paragraph, allegations are made as
662	to the identity of the person giving or providing the prohibited
663	gift, that person must be given notice and an opportunity to
664	participate in the investigation and relevant proceedings to
665	present a defense. If the Commission on Ethics determines that
666	the person gave or provided a prohibited gift, the person may
667	not appear before the commission or otherwise represent anyone
668	before the commission for a period of 2 years.
669	(e)  A commissioner may not serve as the representative of
670	any political party or on any executive committee or other
671	governing body of a political party; serve as an executive
672	officer or employee of any political party, committee,
673	organization, or association; receive remuneration for
674	activities on behalf of any candidate for public office; engage
675	on behalf of any candidate for public office in the solicitation
676	of votes or other activities on behalf of such candidacy; or
677	become a candidate for election to any public office without
678	first resigning from office.
679	(f)  A commissioner, during his or her term of office, may
680	not make any public comment regarding the merits of any
681	proceeding under ss. 120.569 and 120.57 currently pending before
682	the commission.
683	(g)  A commissioner may not conduct himself or herself in
684	an unprofessional manner at any time during the performance of
685	his or her official duties.
686	(h)  The chair shall require order and decorum in
687	proceedings before the commission. In the absence of the chair,
688	the commissioner presiding over a commission proceeding shall
689	require order and decorum in the proceeding.
690	(i)  A commissioner shall be patient, dignified, and
691	courteous to litigants, other commissioners, witnesses, lawyers,
692	commission staff, staff of the Office of Regulatory Staff, and
693	others with whom the commissioner deals in an official capacity.
694	(j)  A commissioner shall perform his or her official
695	duties without bias or prejudice. A commissioner may not, in the
696	performance of his or her official duties, by words or conduct
697	manifest bias or prejudice.
698	(k)  A commissioner may not, with respect to parties or
699	classes of parties, cases, controversies, or issues likely to
700	come before the commission, make pledges, promises, or
701	commitments that are inconsistent with the impartial performance
702	of the commissioner's official duties.
703	(l)  A commissioner may not be swayed by partisan
704	interests, public clamor, or fear of criticism.
705	(m)(h)  A commissioner must avoid impropriety in all of his
706	or her activities and must act at all times in a manner that
707	promotes public confidence in the integrity and impartiality of
708	the commission.
709	(n)(i)  A commissioner may not directly or indirectly,
710	through staff or other means, solicit anything of value from any
711	public utility regulated by the commission, or from any business
712	entity that, whether directly or indirectly, is an affiliate or
713	subsidiary of any public utility regulated by the commission, or
714	from any party appearing in a proceeding considered by the
715	commission in the last 2 years.
716	(3)  INVESTIGATIONS; REPORTS; ADVISORY OPINIONS.-
717	(a)  The Commission on Ethics shall accept and investigate
718	any alleged violations of this section pursuant to the
719	procedures contained in ss. 112.322-112.3241.
720	(b)  The Commission on Ethics shall provide the Governor
721	and the Florida Public Service Commission Nominating Council
722	with a report of its findings and recommendations with respect
723	to alleged violations by a public service commissioner. The
724	Governor is authorized to enforce these the findings and
725	recommendations of the Commission on Ethics, pursuant to part
726	III of chapter 112.
727	(c)  The Commission on Ethics shall provide the
728	disciplinary officials or bodies specified in part III of
729	chapter 112 with a report of its findings and recommendations
730	with respect to alleged violations of the specific provisions of
731	this section that, pursuant to s. 350.073, are applicable to the
732	executive director of the Office of Regulatory Staff.
733	(d)  A public service commissioner, a commission employee,
734	the executive director of the Office of Regulatory Staff, or a
735	member of the Florida Public Service Commission Nominating
736	Council may request an advisory opinion from the Commission on
737	Ethics, pursuant to s. 112.322(3)(a), regarding the standards of
738	conduct or prohibitions set forth in this section and ss.
739	350.031, 350.04, and 350.042.
740	Section 11.  Section 350.042, Florida Statutes, is amended
741	to read:
742	350.042  Ex parte communications.-
743	(1)  Each A commissioner and employee of the commission
744	shall should accord to every person who is a party to or is
745	registered with the commission as an interested person in a
746	proposed agency action proceeding, or who is a party to a
747	proceeding under s. 120.565, s. 120.569, or s. 120.57 legally
748	interested in a proceeding, or the person's lawyer, full right
749	to be heard according to law, and, except as authorized by law,
750	shall not neither initiate, solicit, or nor consider ex parte
751	communications concerning a pending proposed agency action the
752	merits, threat, or offer of reward in any proceeding or a
753	proceeding under s. 120.565, s. 120.569, or s. 120.57 other than
754	a proceeding under s. 120.54 or s. 120.565, workshops, or
755	internal affairs meetings. No individual shall discuss ex parte
756	with a commissioner the merits of any issue that he or she knows
757	will be filed with the commission within 180 90 days. The
758	provisions of this subsection shall not apply to commission
759	staff.
760	(a)  As used in this section, the term "ex parte
761	communication" means any communication that:
762	1.  If it is a written or printed communication or a
763	communication in electronic form, is not served on all parties
764	to a proceeding; or
765	2.  If it is an oral communication, is made without
766	adequate notice to the parties and without an opportunity for
767	the parties to be present and heard.
768	(b)  Where circumstances require, ex parte communications
769	concerning scheduling, administrative purposes, or emergencies
770	that do not deal with substantive matters or issues on the
771	merits are authorized, if:
772	1.  The commissioner or commission employee reasonably
773	believes that no party will gain a procedural or tactical
774	advantage as a result of the ex parte communication; and
775	2.  The commissioner or commission employee makes provision
776	promptly to notify all parties of the substance of the ex parte
777	communication and, where possible, allows an opportunity to
778	respond.
779	(2)  The provisions of this section shall not prohibit an
780	individual residential ratepayer from communicating with a
781	commissioner or commission employee, provided that the ratepayer
782	is representing only himself or herself, without compensation.
783	(3)  This section shall not apply to oral communications or
784	discussions in scheduled and noticed open public meetings of
785	educational programs or of a conference or other meeting of an
786	association of regulatory agencies.
787	(4)  If a commissioner or commission employee knowingly
788	receives an ex parte communication prohibited by this section
789	relative to a proceeding other than as set forth in subsection
790	(1), to which he or she is assigned, he or she must place on the
791	record of the proceeding copies of all written communications
792	received, all written responses to the communications, and a
793	memorandum stating the substance of all oral communications
794	received and all oral responses made, and shall give written
795	notice to all parties to the communication that such matters
796	have been placed on the record. Any party to the proceeding who
797	desires to respond to the an ex parte communication may do so.
798	The response must be received by the commission within 10 days
799	after receiving notice that the ex parte communication has been
800	placed on the record. The commissioner may, if he or she deems
801	it necessary to eliminate the effect of an ex parte
802	communication received by him or her, withdraw from the
803	proceeding, in which case the chair shall substitute another
804	commissioner for the proceeding.
805	(5)  Any individual who makes an ex parte communication
806	prohibited by this section shall submit to the commission a
807	written statement describing the nature of such communication,
808	to include the name of the person making the communication, the
809	name of each the commissioner or commission employee
810	commissioners receiving the communication, copies of all written
811	communications made, all written responses to such
812	communications, and a memorandum stating the substance of all
813	oral communications received and all oral responses made. The
814	commission shall place on the record of a proceeding all such
815	communications.
816	(6)  Any commissioner or commission employee who knowingly
817	fails to place on the record any ex parte communication
818	prohibited by this section such communications, in violation of
819	this the section, within 15 days after of the date of the such
820	communication is subject to removal or dismissal and may be
821	assessed a civil penalty not to exceed $5,000. Any individual
822	who knowingly fails to comply with subsection (5) may be
823	assessed a civil penalty not to exceed $5,000.
824	(7)(a)  It is shall be the duty of the Commission on Ethics
825	to receive and investigate sworn complaints of violations of
826	this section pursuant to the procedures contained in ss.
827	112.322-112.3241.
828	(b)  If the Commission on Ethics finds that there has been
829	a violation of this section by a public service commissioner or
830	commission employee, it shall provide the Governor and the
831	Florida Public Service Commission Nominating Council with a
832	report of its findings and recommendations. The Governor is
833	authorized to enforce the findings and recommendations of the
834	Commission on Ethics, pursuant to part III of chapter 112.
835	(c)  If a commissioner, commission employee, or other
836	individual fails or refuses to pay the Commission on Ethics any
837	civil penalties assessed pursuant to the provisions of this
838	section, the Commission on Ethics may bring an action in any
839	circuit court to enforce the such penalty.
840	(d)  If, during the course of an investigation by the
841	Commission on Ethics into an alleged violation of this section,
842	allegations are made as to the identity of the person who
843	participated in the ex parte communication, that person must be
844	given notice and an opportunity to participate in the
845	investigation and relevant proceedings to present a defense. If
846	the Commission on Ethics determines that the person participated
847	in the ex parte communication, the person may not appear before
848	the commission or otherwise represent anyone before the
849	commission for a period of 2 years.
850	Section 12.  Subsections (1), (2), and (3) of section
851	350.06, Florida Statutes, are amended to read:
852	350.06  Place of meeting; expenditures; employment of
853	personnel; records availability and fees.-
854	(1)  The offices of the commission said commissioners shall
855	be in the vicinity of Tallahassee, but the commissioners may
856	hold sessions anywhere in the state at their discretion.
857	(2)  All sums of money authorized to be paid on account of
858	the commission said commissioners shall be paid out of the State
859	Treasury only on the order of the Chief Financial Officer.
860	(3)  The commission commissioners may employ clerical,
861	technical, and professional personnel reasonably necessary for
862	the performance of its their duties, except for those
863	responsibilities and functions reserved to the Office of
864	Regulatory Staff, and may also employ one or more persons
865	capable of stenographic court reporting, to be known as the
866	official reporters of the commission.
867	Section 13.  Section 350.0605, Florida Statutes, is amended
868	to read:
869	350.0605  Former commissioners; executive directors; and
870	employees of the commission or Office of Regulatory Staff;
871	representation of clients before commission.-
872	(1)  Any former commissioner of the Public Service
873	Commission or former executive director of the Office of
874	Regulatory Staff is prohibited from appearing before the
875	commission representing any client or any industry regulated by
876	the Public Service Commission for a period of 2 years following
877	termination of service as a commissioner or executive director
878	on the commission.
879	(2)  Any former employee of the commission or the Office of
880	Regulatory Staff is prohibited from appearing before the
881	commission representing any client regulated by the Public
882	Service Commission on any matter which was pending at the time
883	of termination and in which such former employee had
884	participated.
885	(3)  For a period of 2 years following termination of
886	service as a commissioner or executive director on the
887	commission, a former commissioner of the Public Service
888	Commission or former executive director of the Office of
889	Regulatory Staff member may not accept employment by or
890	compensation from a business entity which, directly or
891	indirectly, owns or controls a public utility regulated by the
892	commission, from a public utility regulated by the commission,
893	from a business entity which, directly or indirectly, is an
894	affiliate or subsidiary of a public utility regulated by the
895	commission or is an actual business competitor of a local
896	exchange company or public utility regulated by the commission
897	and is otherwise exempt from regulation by the commission under
898	ss. 364.02(15)(14) and 366.02(1), or from a business entity or
899	trade association that has been a party to a commission
900	proceeding within the 2 years preceding the member's termination
901	of service on the commission. This subsection applies only to
902	members of the Florida Public Service Commission who are
903	appointed or reappointed after May 10, 1993.
904	Section 14.  Subsection (1) of section 350.061, Florida
905	Statutes, is amended to read:
906	350.061  Public Counsel; appointment; oath; restrictions on
907	Public Counsel and his or her employees.-
908	(1)  The Attorney General Committee on Public Counsel
909	Oversight shall appoint a Public Counsel by majority vote of the
910	members of the committee to represent the general public of
911	Florida before the Florida Public Service Commission. The Public
912	Counsel shall be an attorney admitted to practice before the
913	Florida Supreme Court and shall serve at the pleasure of the
914	Attorney General Committee on Public Counsel Oversight, subject
915	to biennial reconfirmation by the committee. The Public Counsel
916	shall perform his or her duties independently. Vacancies in the
917	office shall be filled in the same manner as the original
918	appointment.
919	Section 15.  Section 350.0613, Florida Statutes, is amended
920	to read:
921	350.0613  Public Counsel; employees; receipt of pleadings.-
922	The Attorney General committee may authorize the Public Counsel
923	to employ clerical and technical assistants whose
924	qualifications, duties, and responsibilities the Attorney
925	General committee shall from time to time prescribe. The
926	Attorney General committee may from time to time authorize
927	retention of the services of additional attorneys or experts to
928	the extent that the best interests of the people of the state
929	will be better served thereby, including the retention of expert
930	witnesses and other technical personnel for participation in
931	contested proceedings before the commission. The commission
932	shall furnish the Public Counsel with copies of the initial
933	pleadings in all proceedings before the commission, and if the
934	Public Counsel intervenes as a party in any proceeding he or she
935	shall be served with copies of all subsequent pleadings,
936	exhibits, and prepared testimony, if used. Upon filing notice of
937	intervention, the Public Counsel shall serve all interested
938	parties with copies of such notice and all of his or her
939	subsequent pleadings and exhibits.
940	Section 16.  Section 350.0614, Florida Statutes, is amended
941	to read:
942	350.0614  Public Counsel; compensation and expenses.-
943	(1)  The salaries and expenses of the Public Counsel and
944	his or her employees shall be allocated by the Attorney General
945	committee only from moneys appropriated to the Public Counsel by
946	the Legislature.
947	(2)  The Legislature declares and determines that the
948	Public Counsel is under the legislative branch of government
949	within the intention of the legislation as expressed in chapter
950	216, and no power shall be in the Executive Office of the
951	Governor or its successor to release or withhold funds
952	appropriated to it, but the same shall be available for
953	expenditure as provided by law and the rules or decisions of the
954	Committee on Public Counsel Oversight.
955	(3)  Neither the Executive Office of the Governor nor the
956	Department of Management Services or its successor shall have
957	power to determine the number, or fix the compensation, of the
958	employees of the Public Counsel or to exercise any manner of
959	control over them.
960	Section 17.  (1)  All powers, duties, functions, records,
961	offices, personnel, property, pending issues, and existing
962	contracts, administrative authority, administrative rules, and
963	unexpended balances of appropriations, allocations, and other
964	funds relating to the Office of Public Counsel pursuant to s.
965	350.061, Florida Statutes, are transferred by a type two
966	transfer, as defined in s. 20.06(2), Florida Statutes, from the
967	Legislature to the Office of the Attorney General. The Office of
968	Public Counsel shall be funded from the General Revenue Fund.
969	(2)  Notwithstanding ss. 216.292 and 216.351, Florida
970	Statutes, upon approval by the Legislative Budget Commission,
971	the Executive Office of the Governor shall transfer funds and
972	positions between the Legislature and the Office of the Attorney
973	General to implement this act.
974	Section 18.  Section 350.071, Florida Statutes, is created
975	to read:
976	350.071  Office of Regulatory Staff; creation; status;
977	purpose.-
978	(1)  The Office of Regulatory Staff is created as an office
979	within the Financial Services Commission. The office shall
980	perform its duties independently.
981	(2)  The office shall be considered a party of record in
982	all proceedings before the Public Service Commission. All
983	tariffs, initial pleadings, complaints, and notices of appeal
984	filed with the commission shall be served upon the office. The
985	commission shall notify the office of the initiation of any
986	rulemaking proceeding, workshop, or other proceeding that the
987	commission is authorized by law to initiate.
988	(3)  The office shall represent the public interest of this
989	state. As used in ss. 350.071-350.075, the term "public
990	interest" means a balancing of the following:
991	(a)  Concerns of the using and consuming public, regardless
992	of customer class, with respect to services provided by any
993	company subject to the jurisdiction of the commission pursuant
994	to any provision of law.
995	(b)  Preservation of the financial integrity of the state's
996	regulated public utilities and continued investment in and
997	maintenance of facilities in order to provide reliable utility
998	services at fair, just, and reasonable rates.
999	(c)  Promotion of fair competition in telecommunications
1000	markets.
1001	(4)  The Office of Regulatory Staff shall be subject to the
1002	same provisions governing ex parte communications that apply to
1003	any other party to a commission proceeding. Any recommendation
1004	of the Office of Regulatory Staff shall be provided to the
1005	commission in a form, forum, and manner as may lawfully be
1006	provided by any other party.
1007	Section 19.  Section 350.072, Florida Statutes, is created
1008	to read:
1009	350.072  Office of Regulatory Staff; organization,
1010	administration, and operations.-
1011	(1)  The Office of Regulatory Staff shall consist of the
1012	executive director and any clerical, technical, and professional
1013	personnel that the executive director deems to be reasonably
1014	necessary for the performance of the duties of the office. The
1015	executive director is authorized to employ expert witnesses and
1016	other professional expertise that the executive director deems
1017	to be reasonably necessary to assist the office in the
1018	performance of its duties.
1019	(2)  The executive director shall employ and set the
1020	compensation for all personnel of the Office of Regulatory Staff
1021	and shall be responsible for the supervision and direction of
1022	all such personnel.
1023	(3)  The executive director and employees of the Office of
1024	Regulatory Staff are not subject to the supervision, direction,
1025	or control of the commission, the chair of the commission, or
1026	any member or employee of the commission.
1027	(4)  The executive director is responsible for preparing
1028	the budget for the Office of Regulatory Staff and shall submit
1029	the budget to the Financial Services Commission.
1030	(5)  The Office of Regulatory Staff shall maintain offices
1031	in Leon County at a place convenient to the offices of the
1032	commission that will enable the Office of Regulatory Staff to
1033	efficiently perform its functions and duties.
1034	(6)  The Office of Regulatory Staff shall establish
1035	procedures governing its internal administration and operations.
1036	Section 20.  Section 350.073, Florida Statutes, is created
1037	to read:
1038	350.073  Office of Regulatory Staff; executive director.-
1039	(1)  The Financial Services Commission shall appoint or
1040	remove the executive director of the Office of Regulatory Staff
1041	in the manner set forth in s. 20.121(3)(d). Appointment of the
1042	executive director shall be subject to confirmation by the
1043	Senate. Until such time as the Senate confirms the appointment
1044	of the executive director, the appointee shall perform the
1045	functions of the office as provided by law.
1046	(2)(a)  The term of the executive director shall be 4
1047	years, and the initial term of office shall begin January 2,
1048	2011. The Financial Services Commission shall appoint the
1049	executive director no less than 60 days prior to the first day
1050	of the term to which he or she is appointed.
1051	(b)  In case of a vacancy in the office of executive
1052	director for any reason before expiration of the term of office,
1053	the Financial Services Commission shall appoint a new executive
1054	director in the same manner as the original appointment. The
1055	Financial Services Commission may appoint an interim executive
1056	director to serve until such time as a new executive director is
1057	appointed.
1058	(3)  A person may not be appointed as executive director
1059	until the Financial Services Commission determines that the
1060	person satisfies the criteria set forth in s. 350.04(1) and
1061	(2)(a) and possesses a minimum of 12 years of professional
1062	experience in one or more of the fields identified in s.
1063	350.04(2)(b).
1064	(4)  The salary of the executive director shall be set by
1065	the Financial Services Commission.
1066	(5)  The executive director shall take and subscribe to the
1067	oath of office required of state officers by the State
1068	Constitution.
1069	(6)  In addition to the provisions of part III of chapter
1070	112, applicable to the executive director by virtue of being a
1071	public officer, the executive director shall be subject to the
1072	standards of conduct applicable to commissioners pursuant to s.
1073	350.041(2)(a), (b), (c), (d), (e), (g), (l), and (n). In the
1074	event of a conflict between this section and part III of chapter
1075	112, the more restrictive provision shall apply.
1076	Section 21.  Section 350.074, Florida Statutes, is created
1077	to read:
1078	350.074  Office of Regulatory Staff; duties.-
1079	(1)  The Office of Regulatory Staff shall represent the
1080	public interest with respect to matters within the jurisdiction
1081	of the commission and, when considered necessary and in the
1082	public interest by the executive director, shall petition the
1083	commission to initiate proceedings on matters within its
1084	jurisdiction. The office shall have authority to:
1085	(a)  Review and investigate the rates charged or proposed
1086	to be charged, and the service furnished or proposed to be
1087	furnished, by any public utility or regulated company.
1088	(b)  Inspect, audit, and examine public utilities and
1089	regulated companies regarding matters within the jurisdiction of
1090	the commission.
1091	(c)  Represent the public interest in commission
1092	proceedings, hearings, rulemakings, and other regulatory
1093	matters.
1094	(d)  Investigate complaints made in connection with matters
1095	under the jurisdiction of the commission, including those
1096	complaints that are directed to the commission or commissioners.
1097	(e)  Assist customers in the informal resolution of
1098	complaints regarding the rates or service of public utilities
1099	and regulated companies or regarding any other matter within the
1100	jurisdiction of the commission.
1101	(f)  Make studies to the commission with respect to
1102	standards, regulations, practices, or service of any public
1103	utility or regulated company.
1104	(g)  Provide legal representation of the public interest
1105	before other state agencies, federal agencies, and state and
1106	federal courts in connection with matters under the jurisdiction
1107	of the commission, including proceedings that could affect the
1108	rates or service of any public utility or regulated company.
1109	(h)  Educate the public on matters within the jurisdiction
1110	of the commission which are of special interest to consumers.
1111	(2)  The commission may not require the Office of
1112	Regulatory Staff to sponsor witnesses or provide testimony in
1113	any proceeding, but it may request in writing or at any duly
1114	noticed public meeting that the office:
1115	(a)  Provide information and reports on any matter subject
1116	to the commission's jurisdiction and matters incidental to the
1117	jurisdiction of the commission;
1118	(b)  Assist in the preparation of any report that the
1119	commission is required by law to produce; or
1120	(c)  Conduct inspections, audits, or examinations of public
1121	utilities and regulated companies regarding matters within the
1122	jurisdiction of the commission.
1123	(3)  Decisions relating to whether, when, or how to
1124	petition to initiate proceedings before the commission or to
1125	participate or intervene in proceedings before other state
1126	agencies, federal agencies, or state or federal courts are in
1127	the sole discretion of the executive director, except for those
1128	matters that are specified by order of a court of competent
1129	jurisdiction.
1130	(4)  The Office of Regulatory Staff is considered to have
1131	an interest sufficient to maintain actions for judicial review
1132	of commission orders or decisions and may, as of right and in a
1133	manner prescribed by law, intervene or otherwise participate in
1134	any civil proceeding which involves the review or enforcement of
1135	commission action that the executive director determines may
1136	substantially affect the public interest.
1137	(5)  The Office of Regulatory Staff shall provide to the
1138	Legislature an annual report of its activities.
1139	(6)  The commission and the office shall establish mutually
1140	acceptable procedures by which the office may elect not to
1141	participate as a party in noncontroversial matters.
1142	Section 22.  (1)  The Public Service Commission may employ
1143	clerical, technical, and professional personnel reasonably
1144	necessary for the performance of its duties and
1145	responsibilities. The commission may also employ one or more
1146	persons capable of stenographic court reporting to be known as
1147	the official reporters of the commission.
1148	(2)  All powers, duties, functions, records, offices,
1149	personnel, property, pending issues, and existing contracts,
1150	administrative authority, administrative rules, and unexpended
1151	balances of appropriations, allocations, and other funds not
1152	related to the duties and responsibilities of the Public Service
1153	Commission shall be transferred by a type two transfer, as
1154	defined in s. 20.06(2), Florida Statutes, from the commission to
1155	the Office of Regulatory Staff, as created pursuant to s.
1156	350.071, Florida Statutes, to fulfill its duties and
1157	responsibilities in accordance with ss. 350.072, 350.073,
1158	350.074, and 350.075, Florida Statutes, and in accordance with
1159	any other provision of law.
1160	(3)  The Regulatory Trust Fund, FLAIR number 61-2-573, is
1161	transferred from the Public Service Commission to the Office of
1162	Regulatory Staff within the Financial Services Commission.
1163	(4)  Notwithstanding ss. 216.292 and 216.351, Florida
1164	Statutes, upon approval by the Legislative Budget Commission,
1165	the Executive Office of the Governor shall transfer funds and
1166	positions between the Public Service Commission and the Office
1167	of Regulatory Staff to implement this act.
1168	Section 23.  Section 350.075, Florida Statutes, is created
1169	to read:
1170	350.075  Office of Regulatory Staff; access to records.-The
1171	Office of Regulatory Staff may access or require the production
1172	of books, records, and information pursuant to ss. 364.183,
1173	366.093, 367.156, and 368.108 and may access or require the
1174	production of any other records as provided by law.
1175	Section 24.  Subsections (1), (2), and (6) of section
1176	350.113, Florida Statutes, are amended to read:
1177	350.113  Florida Public Service Regulatory Trust Fund;
1178	moneys to be deposited therein.-
1179	(1)  There is hereby created in the State Treasury a
1180	special fund to be designated as the "Florida Public Service
1181	Regulatory Trust Fund" which shall be used in the operation of
1182	the commission and the Office of Regulatory Staff in the
1183	performance of the various functions and duties required of them
1184	it by law.
1185	(2)  All fees, licenses, and other charges collected by the
1186	commission shall be deposited in the State Treasury to the
1187	credit of the Florida Public Service Regulatory Trust Fund to be
1188	used in the operation of the commission and the Office of
1189	Regulatory Staff as authorized by the Legislature; however,
1190	penalties and interest assessed and collected by the commission
1191	shall not be deposited in the trust fund but shall be deposited
1192	in the General Revenue Fund. The Florida Public Service
1193	Regulatory Trust Fund shall be subject to the service charge
1194	imposed pursuant to chapter 215.
1195	(6)  All moneys in the Florida Public Service Regulatory
1196	Trust Fund shall be for the use of the commission and the Office
1197	of Regulatory Staff in the performance of their its functions
1198	and duties as provided by law, subject to the fiscal and
1199	budgetary provisions of general law.
1200	Section 25.  Subsections (1) and (2) of section 350.117,
1201	Florida Statutes, are amended to read:
1202	350.117  Reports; audits.-
1203	(1)  The commission and the Office of Regulatory Staff may
1204	require such regular or emergency reports, including, but not
1205	limited to, financial reports, as the commission or the office
1206	deems necessary to fulfill its obligations under the law. A copy
1207	of any report provided to the commission must be provided to the
1208	Office of Regulatory Staff.
1209	(2)  The commission may request that the Office of
1210	Regulatory Staff perform management and operation audits of any
1211	regulated company. The commission may consider the results of
1212	such audits in establishing rates; however, the company shall
1213	not be denied due process as a result of the use of any such
1214	management or operation audit.
1215	Section 26.  Section 350.121, Florida Statutes, is
1216	repealed.
1217	Section 27.  Section 350.122, Florida Statutes, is created
1218	to read:
1219	350.122  Testimony; public disclosure of affiliation.-
1220	(1)  Each person offering testimony at a meeting, workshop,
1221	hearing, or other scheduled event of the commission shall
1222	disclose any financial or fiduciary relationship with any party
1223	to the proceedings at the time the testimony is provided to the
1224	commission.
1225	(2)  The determination by the commission that a person has
1226	knowingly violated this section constitutes agency action for
1227	which a hearing may be sought under chapter 120.
1228	Section 28.  Section 364.016, Florida Statutes, is amended
1229	to read:
1230	364.016  Travel costs.-The office commission has the
1231	authority to assess a telecommunications company for reasonable
1232	travel costs associated with reviewing the records of the
1233	telecommunications company and its affiliates when such records
1234	are kept out of state. The telecommunications company may bring
1235	the records back into the state for review.
1236	Section 29.  Subsections (11) through (16) of section
1237	364.02, Florida Statutes, are renumbered as subsections (12)
1238	through (17), respectively, and a new subsection (11) is added
1239	to that section to read:
1240	364.02  Definitions.-As used in this chapter, the term:
1241	(11)  "Office" means the Office of Regulatory Staff.
1242	Section 30.  Section 364.15, Florida Statutes, is amended
1243	to read:
1244	364.15  Compelling repairs, improvements, changes,
1245	additions, or extensions.-Whenever the commission finds, on its
1246	own motion or upon petition or complaint, that repairs or
1247	improvements to, or changes in, any telecommunications facility
1248	ought reasonably to be made, or that any additions or extensions
1249	should reasonably be made to any telecommunications facility, in
1250	order to promote the security or convenience of the public or
1251	employees or in order to secure adequate service or facilities
1252	for basic local telecommunications services consistent with the
1253	requirements set forth in this chapter, the commission shall
1254	make and serve an order directing that such repairs,
1255	improvements, changes, additions, or extensions be made in the
1256	manner to be specified in the order. This section authorizes the
1257	commission to impose only those requirements that it is
1258	otherwise authorized to impose under this chapter.
1259	Section 31.  Subsections (1) and (2) of section 364.183,
1260	Florida Statutes, are amended to read:
1261	364.183  Access to company records.-
1262	(1)  The commission and the office shall have access to all
1263	records of a telecommunications company that are reasonably
1264	necessary for the disposition of matters within the commission's
1265	jurisdiction. The commission and the office shall also have
1266	access to those records of a local exchange telecommunications
1267	company's affiliated companies, including its parent company,
1268	that are reasonably necessary for the disposition of any matter
1269	concerning an affiliated transaction or a claim of
1270	anticompetitive behavior including claims of cross-subsidization
1271	and predatory pricing. Both the commission and the office may
1272	require a telecommunications company to file records, reports or
1273	other data directly related to matters within the commission's
1274	jurisdiction in the form specified in the request by the
1275	commission and may require such company to retain such
1276	information for a designated period of time. Upon request of the
1277	company or other person, any records received by the commission
1278	or the office which are claimed by the company or other person
1279	to be proprietary confidential business information shall be
1280	kept confidential and shall be exempt from s. 119.07(1) and s.
1281	24(a), Art. I of the State Constitution. The authority of the
1282	commission to access records under this section is granted
1283	subject to the limitations set forth in s. 350.011(3) and (4).
1284	(2)  Discovery in any docket or proceeding before the
1285	commission shall be in the manner provided for in Rule 1.280 of
1286	the Florida Rules of Civil Procedure. Upon a showing by a
1287	company or other person and a finding by the commission that
1288	discovery will require the disclosure of proprietary
1289	confidential business information, the commission shall issue an
1290	appropriate protective order designating the manner for handling
1291	such information during the course of the proceeding and for
1292	protecting such information from disclosure outside the
1293	proceeding. Such proprietary confidential business information
1294	shall be exempt from s. 119.07(1). Any records provided pursuant
1295	to a discovery request for which proprietary confidential
1296	business information status is requested shall be treated by the
1297	commission, the Office of Regulatory Staff, and the Office of
1298	the Public Counsel, and any other party subject to the public
1299	records law as confidential and shall be exempt from s.
1300	119.07(1), pending a formal ruling on such request by the
1301	commission or the return of the records to the person providing
1302	the records. Any record which has been determined to be
1303	proprietary confidential business information and is not entered
1304	into the official record of the proceeding shall be returned to
1305	the person providing the record within 60 days after the final
1306	order, unless the final order is appealed. If the final order is
1307	appealed, any such record shall be returned within 30 days after
1308	the decision on appeal. The commission shall adopt the necessary
1309	rules to implement this subsection.
1310	Section 32.  Section 364.185, Florida Statutes, is amended
1311	to read:
1312	364.185  Investigations and inspections; power of office
1313	commission.-The office commission or its duly authorized
1314	representatives may during all reasonable hours enter upon any
1315	premises occupied by any telecommunications company and may set
1316	up and use thereon all necessary apparatus and appliances for
1317	the purpose of making investigations, inspections, examinations,
1318	and tests and exercising any power conferred by this chapter or
1319	chapter 350; however, the telecommunications company shall be
1320	notified of and be represented at the making of such
1321	investigations, inspections, examinations, and tests. The
1322	requirement to provide prior notification and representation
1323	shall not be applicable to the onsite field inspection of
1324	equipment used to provide telecommunications services to the
1325	transient public, including the facilities of call aggregators.
1326	Section 33.  Subsections (2) and (4) of section 364.335,
1327	Florida Statutes, are amended to read:
1328	364.335  Application for certificate.-
1329	(2)  If the commission grants the requested certificate,
1330	any person who would be substantially affected by the requested
1331	certification may, within 21 days after the granting of such
1332	certificate, file a written objection requesting a proceeding
1333	pursuant to ss. 120.569 and 120.57. The commission may, upon
1334	petition of the office on its own motion, institute a proceeding
1335	under ss. 120.569 and 120.57 to determine whether the grant of
1336	such certificate is in the public interest. The commission shall
1337	order such proceeding conducted in or near the territory applied
1338	for, if feasible. If any person requests a public hearing on the
1339	application, such hearing shall, if feasible, be held in or near
1340	the territory applied for, and the transcript of the public
1341	hearing and any material submitted at or prior to the hearing
1342	shall be considered part of the record of the application and
1343	any proceeding related to the application.
1344	(4)  Except as provided in s. 364.33, revocation,
1345	suspension, transfer, or amendment of a certificate shall be
1346	subject to the provisions of this section; except that, when the
1347	commission institutes a proceeding upon petition of the office
1348	initiates the action, the commission shall furnish notice to the
1349	appropriate local government and to the Public Counsel.
1350	Section 34.  Subsection (10) of section 364.3376, Florida
1351	Statutes, is amended to read:
1352	364.3376  Operator services.-
1353	(10)  The office commission shall conduct an effective
1354	program of random, no-notice compliance investigations of the
1355	operator services providers and call aggregators operating
1356	within the state. When the office commission finds a blocking
1357	violation, it shall notify the commission and provide
1358	information to assist the commission in determining determine
1359	whether the blocking is the responsibility of the call
1360	aggregator or the operator services provider. The commission and
1361	may fine the responsible party in accordance with s. 364.285.
1362	Upon the failure of the responsible party to correct a violation
1363	within a mandatory time limit established by the commission or
1364	upon a proven pattern of intentional blocking, the commission
1365	shall order the discontinuance of the call aggregator's
1366	telephone service or revoke the operator services provider's
1367	certificate, as applicable.
1368	Section 35.  Subsection (3) of section 364.3381, Florida
1369	Statutes, is amended to read:
1370	364.3381  Cross-subsidization.-
1371	(3)  The commission shall have continuing oversight
1372	jurisdiction over cross-subsidization, predatory pricing, or
1373	other similar anticompetitive behavior and may investigate, upon
1374	petition or complaint or on its own motion, allegations of such
1375	practices.
1376	Section 36.  Section 364.37, Florida Statutes, is amended
1377	to read:
1378	364.37  Controversy concerning territory to be served;
1379	powers of commission.-If any person in constructing or extending
1380	his or her telecommunications facility unreasonably interferes
1381	or is about to unreasonably interfere with any
1382	telecommunications facility or service of any other person, or
1383	if a controversy arises between any two or more persons with
1384	respect to the territory professed to be served by each, the
1385	commission, upon petition of the office or on its own initiative
1386	or on complaint of any person claiming to be adversely affected,
1387	may make such order and prescribe such terms and conditions with
1388	respect thereto as are just and reasonable.
1389	Section 37.  Subsection (4) is added to section 366.02,
1390	Florida Statutes, to read:
1391	366.02  Definitions.-As used in this chapter:
1392	(4)  "Office" means the Office of Regulatory Staff.
1393	Section 38.  Subsections (6), (9), and (11) of section
1394	366.05, Florida Statutes, are amended to read:
1395	366.05  Powers.-
1396	(6)  The commission or the office, if designated by the
1397	commission to conduct testing, may purchase materials,
1398	apparatus, and standard measuring instruments for such
1399	examination and tests.
1400	(9)  Both the commission and the office may require the
1401	filing of reports and other data by a public utility or its
1402	affiliated companies, including its parent company, regarding
1403	transactions, or allocations of common costs, among the utility
1404	and such affiliated companies. Both the commission and the
1405	office may also require such reports or other data necessary to
1406	ensure that a utility's ratepayers do not subsidize nonutility
1407	activities. The authority of the commission to access records
1408	under this subsection is granted subject to the limitations set
1409	forth in s. 350.011(3) and (4).
1410	(11)  The office may commission has the authority to assess
1411	a public utility for reasonable travel costs associated with
1412	reviewing the records of the public utility and its affiliates
1413	when such records are kept out of state. The public utility may
1414	bring the records back into the state for review.
1415	Section 39.  Subsections (2) and (3) of section 366.06,
1416	Florida Statutes, are amended to read:
1417	366.06  Rates; procedure for fixing and changing.-
1418	(2)  Whenever the commission finds, upon request made or
1419	upon its own motion, that the rates demanded, charged, or
1420	collected by any public utility for public utility service, or
1421	that the rules, regulations, or practices of any public utility
1422	affecting such rates, are unjust, unreasonable, unjustly
1423	discriminatory, or in violation of law; that such rates are
1424	insufficient to yield reasonable compensation for the services
1425	rendered; that such rates yield excessive compensation for
1426	services rendered; or that such service is inadequate or cannot
1427	be obtained, the commission shall order and hold a public
1428	hearing, giving notice to the public and to the public utility,
1429	and shall thereafter determine just and reasonable rates to be
1430	thereafter charged for such service and promulgate rules and
1431	regulations affecting equipment, facilities, and service to be
1432	thereafter installed, furnished, and used.
1433	(3)  Pending a final order by the commission in any rate
1434	proceeding under this section, the commission may withhold
1435	consent to the operation of all or any portion of the new rate
1436	schedules, delivering to the utility requesting such increase,
1437	within 60 days, a reason or written statement of good cause for
1438	withholding its consent. Such consent shall not be withheld for
1439	a period longer than 8 months from the date of filing the new
1440	schedules. The new rates or any portion not consented to shall
1441	go into effect under bond or corporate undertaking at the end of
1442	such period, but the commission shall, by order, require such
1443	public utility to keep accurate account in detail of all amounts
1444	received by reason of such increase, specifying by whom and in
1445	whose behalf such amounts were paid and, upon completion of
1446	hearing and final decision in such proceeding, shall by further
1447	order require such public utility to refund with interest at a
1448	fair rate, to be determined by the commission in such manner as
1449	it may direct, such portion of the increased rate or charge as
1450	by its decision shall be found not justified. Any portion of
1451	such refund not thus refunded to patrons or customers of the
1452	public utility shall be refunded or disposed of by the public
1453	utility as the commission may direct; however, no such funds
1454	shall accrue to the benefit of the public utility. The
1455	commission shall take final commission action in the docket and
1456	enter its final order within 12 months of the commencement date
1457	for final agency action. As used in this subsection, the
1458	"commencement date for final agency action" means the date upon
1459	which it has been determined by the commission or its designee
1460	that the utility has filed with the clerk the minimum filing
1461	requirements as established by rule of the commission. Within 30
1462	days after receipt of the application, rate request, or other
1463	written document for which the commencement date for final
1464	agency action is to be established, the commission or its
1465	designee shall either determine the commencement date for final
1466	agency action or issue a statement of deficiencies to the
1467	applicant, specifically listing why said applicant has failed to
1468	meet the minimum filing requirements. Such statement of
1469	deficiencies shall be binding upon the commission to the extent
1470	that, once the deficiencies in the statement are satisfied, the
1471	commencement date for final agency action shall be promptly
1472	established as provided herein. Thereafter, within 15 days after
1473	the applicant indicates to the commission that it believes that
1474	it has met the minimum filing requirements, the commission or
1475	its designee shall either determine the commencement date for
1476	final agency action or specifically enumerate in writing why the
1477	requirements have not been met, in which case this procedure
1478	shall be repeated until the commencement date for final agency
1479	action is established. When the commission initiates a
1480	proceeding upon a request made by a person other than the
1481	utility, the commencement date for final agency action shall be
1482	the date upon which the order initiating the proceeding is
1483	issued.
1484	Section 40.  Section 366.07, Florida Statutes, is amended
1485	to read:
1486	366.07  Rates; adjustment.-Whenever the commission, after
1487	public hearing either upon petition of the office its own motion
1488	or upon complaint, shall find the rates, rentals, charges or
1489	classifications, or any of them, proposed, demanded, observed,
1490	charged or collected by any public utility for any service, or
1491	in connection therewith, or the rules, regulations,
1492	measurements, practices or contracts, or any of them, relating
1493	thereto, are unjust, unreasonable, insufficient, excessive, or
1494	unjustly discriminatory or preferential, or in anywise in
1495	violation of law, or any service is inadequate or cannot be
1496	obtained, the commission shall determine and by order fix the
1497	fair and reasonable rates, rentals, charges or classifications,
1498	and reasonable rules, regulations, measurements, practices,
1499	contracts or service, to be imposed, observed, furnished or
1500	followed in the future.
1501	Section 41.  Subsections (1) and (3) of section 366.071,
1502	Florida Statutes, are amended to read:
1503	366.071  Interim rates; procedure.-
1504	(1)  The commission may, during any proceeding for a change
1505	of rates, upon its own motion, or upon petition from any party,
1506	or by a tariff filing of a public utility, authorize the
1507	collection of interim rates until the effective date of the
1508	final order. Such interim rates may be based upon a test period
1509	different from the test period used in the request for permanent
1510	rate relief. To establish a prima facie entitlement for interim
1511	relief, the commission, the petitioning party, or the public
1512	utility shall demonstrate that the public utility is earning
1513	outside the range of reasonableness on rate of return calculated
1514	in accordance with subsection (5).
1515	(3)  In granting such relief, the commission may, in an
1516	expedited hearing but within 60 days of the commencement of the
1517	proceeding, upon petition or upon its own motion, preclude the
1518	recovery of any extraordinary or imprudently incurred
1519	expenditures or, for good cause shown, increase the amount of
1520	the bond or corporate undertaking.
1521	Section 42.  Subsection (1) of section 366.076, Florida
1522	Statutes, is amended to read:
1523	366.076  Limited proceedings; rules on subsequent
1524	adjustments.-
1525	(1)  Upon petition or its own motion, the commission may
1526	conduct a limited proceeding to consider and act upon any matter
1527	within its jurisdiction, including any matter the resolution of
1528	which requires a public utility to adjust its rates to consist
1529	with the provisions of this chapter. The commission shall
1530	determine the issues to be considered during such a proceeding
1531	and may grant or deny any request to expand the scope of the
1532	proceeding to include other matters.
1533	Section 43.  Section 366.08, Florida Statutes, is amended
1534	to read:
1535	366.08  Investigations, inspections; power of office
1536	commission.-The office commission or its duly authorized
1537	representatives may during all reasonable hours enter upon any
1538	premises occupied by any public utility and may set up and use
1539	thereon all necessary apparatus and appliances for the purpose
1540	of making investigations, inspections, examinations and tests
1541	and exercising any power conferred by this chapter or chapter
1542	350; however provided, such public utility shall have the right
1543	to be notified of and be represented at the making of such
1544	investigations, inspections, examinations and tests.
1545	Section 44.  Subsections (1) and (2) of section 366.093,
1546	Florida Statutes, are amended to read:
1547	366.093  Public utility records; confidentiality.-
1548	(1)  The commission and the office shall continue to have
1549	reasonable access to all public utility records and records of
1550	the utility's affiliated companies, including its parent
1551	company, regarding transactions or cost allocations among the
1552	utility and such affiliated companies, and such records
1553	necessary to ensure that a utility's ratepayers do not subsidize
1554	nonutility activities. Upon request of the public utility or
1555	other person, any records received by the commission or the
1556	office which are shown and found by the commission to be
1557	proprietary confidential business information shall be kept
1558	confidential and shall be exempt from s. 119.07(1). The
1559	authority of the commission to access records under this section
1560	is granted subject to the limitations set forth in s. 350.011(3)
1561	and (4).
1562	(2)  Discovery in any docket or proceeding before the
1563	commission shall be in the manner provided for in Rule 1.280 of
1564	the Florida Rules of Civil Procedure. Information which affects
1565	a utility's rates or cost of service shall be considered
1566	relevant for purposes of discovery in any docket or proceeding
1567	where the utility's rates or cost of service are at issue. The
1568	commission shall determine whether information requested in
1569	discovery affects a utility's rates or cost of service. Upon a
1570	showing by a utility or other person and a finding by the
1571	commission that discovery will require the disclosure of
1572	proprietary confidential business information, the commission
1573	shall issue appropriate protective orders designating the manner
1574	for handling such information during the course of the
1575	proceeding and for protecting such information from disclosure
1576	outside the proceeding. Such proprietary confidential business
1577	information shall be exempt from s. 119.07(1). Any records
1578	provided pursuant to a discovery request for which proprietary
1579	confidential business information status is requested shall be
1580	treated by the commission, the Office of Regulatory Staff, and
1581	the office of the Public Counsel, and any other party subject to
1582	the public records law as confidential and shall be exempt from
1583	s. 119.07(1), pending a formal ruling on such request by the
1584	commission or the return of the records to the person providing
1585	the records. Any record which has been determined to be
1586	proprietary confidential business information and is not entered
1587	into the official record of the proceeding must be returned to
1588	the person providing the record within 60 days after the final
1589	order, unless the final order is appealed. If the final order is
1590	appealed, any such record must be returned within 30 days after
1591	the decision on appeal. The commission shall adopt the necessary
1592	rules to implement this provision.
1593	Section 45.  Subsections (6) and (7) of section 366.82,
1594	Florida Statutes, are amended to read:
1595	366.82  Definition; goals; plans; programs; annual reports;
1596	energy audits.-
1597	(6)  The commission may change the goals upon a showing of
1598	for reasonable cause. The time period to review the goals,
1599	however, shall not exceed 5 years. After the programs and plans
1600	to meet those goals are completed, the commission shall
1601	determine what further goals, programs, or plans are warranted
1602	and adopt them.
1603	(7)  Following adoption of goals pursuant to subsections
1604	(2) and (3), the commission shall require each utility to
1605	develop plans and programs to meet the overall goals within its
1606	service area. Upon petition, the commission may require
1607	modifications or additions to a utility's plans and programs at
1608	any time it is shown to be in the public interest consistent
1609	with this act. In approving plans and programs for cost
1610	recovery, the commission shall have the flexibility to modify or
1611	deny plans or programs that would have an undue impact on the
1612	costs passed on to customers. If any plan or program includes
1613	loans, collection of loans, or similar banking functions by a
1614	utility and the plan is approved by the commission, the utility
1615	shall perform such functions, notwithstanding any other
1616	provision of the law. However, no utility shall be required to
1617	loan its funds for the purpose of purchasing or otherwise
1618	acquiring conservation measures or devices, but nothing herein
1619	shall prohibit or impair the administration or implementation of
1620	a utility plan as submitted by a utility and approved by the
1621	commission under this subsection. If the commission disapproves
1622	a plan, it shall specify the reasons for disapproval, and the
1623	utility whose plan is disapproved shall resubmit its modified
1624	plan within 30 days. Prior approval by the commission shall be
1625	required to modify or discontinue a plan, or part thereof, which
1626	has been approved. If any utility has not implemented its
1627	programs and is not substantially in compliance with the
1628	provisions of its approved plan at any time, the commission
1629	shall adopt programs required for that utility to achieve the
1630	overall goals. Utility programs may include variations in rate
1631	design, load control, cogeneration, residential energy
1632	conservation subsidy, or any other measure within the
1633	jurisdiction of the commission which the commission finds likely
1634	to be effective; this provision shall not be construed to
1635	preclude these measures in any plan or program.
1636	Section 46.  Subsections (9) through (13) of section
1637	367.021, Florida Statutes, are renumbered as subsections (10)
1638	through (14), respectively, and a new subsection (9) is added to
1639	that section to read:
1640	367.021  Definitions.-As used in this chapter, the
1641	following words or terms shall have the meanings indicated:
1642	(9)  "Office" means the Office of Regulatory Staff.
1643	Section 47.  Paragraph (a) of subsection (1), paragraph (a)
1644	of subsection (2), and subsections (4) and (6) of section
1645	367.045, Florida Statutes, are amended to read:
1646	367.045  Certificate of authorization; application and
1647	amendment procedures.-
1648	(1)  When a utility applies for an initial certificate of
1649	authorization from the commission, it shall:
1650	(a)  Provide notice of the actual application filed by mail
1651	or personal delivery to the governing body of the county or city
1652	affected, to the Public Counsel, the office, to the commission,
1653	and to such other persons and in such other manner as may be
1654	prescribed by commission rule;
1655	(2)  A utility may not delete or extend its service outside
1656	the area described in its certificate of authorization until it
1657	has obtained an amended certificate of authorization from the
1658	commission. When a utility applies for an amended certificate of
1659	authorization from the commission, it shall:
1660	(a)  Provide notice of the actual application filed by mail
1661	or personal delivery to the governing body of the county or
1662	municipality affected, to the Public Counsel, the office, to the
1663	commission, and to such other persons and in such other manner
1664	as may be prescribed by commission rule;
1665	(4)  If, within 30 days after the last day that notice was
1666	mailed or published by the applicant, whichever is later, the
1667	commission receives from the Public Counsel, the office, a
1668	governmental authority, or a utility or consumer who would be
1669	substantially affected by the requested certification or
1670	amendment a written objection requesting a proceeding pursuant
1671	to ss. 120.569 and 120.57, the commission shall order such
1672	proceeding conducted in or near the area for which application
1673	is made, if feasible. Notwithstanding the ability to object on
1674	any other ground, a county or municipality has standing to
1675	object on the ground that the issuance or amendment of the
1676	certificate of authorization violates established local
1677	comprehensive plans developed pursuant to ss. 163.3161-163.3211.
1678	If a consumer, utility, or governmental authority or the office
1679	or Public Counsel requests a public hearing on the application,
1680	such hearing must, if feasible, be held in or near the area for
1681	which application is made; and the transcript of such hearing
1682	and any material submitted at or before the hearing must be
1683	considered as part of the record of the application and any
1684	proceeding related thereto.
1685	(6)  The revocation, suspension, transfer, or amendment of
1686	a certificate of authorization is subject to the provisions of
1687	this section. The commission shall give 30 days' notice before
1688	it initiates any such action upon petition of the office.
1689	Section 48.  Paragraph (a) of subsection (2) and paragraph
1690	(a) of subsection (4) of section 367.081, Florida Statutes, are
1691	amended to read:
1692	367.081  Rates; procedure for fixing and changing.-
1693	(2)(a)1.  The commission shall, either upon request or upon
1694	its own motion, fix rates which are just, reasonable,
1695	compensatory, and not unfairly discriminatory. In every such
1696	proceeding, the commission shall consider the value and quality
1697	of the service and the cost of providing the service, which
1698	shall include, but not be limited to, debt interest; the
1699	requirements of the utility for working capital; maintenance,
1700	depreciation, tax, and operating expenses incurred in the
1701	operation of all property used and useful in the public service;
1702	and a fair return on the investment of the utility in property
1703	used and useful in the public service. However, the commission
1704	shall not allow the inclusion of contributions-in-aid-of-
1705	construction in the rate base of any utility during a rate
1706	proceeding, nor shall the commission impute prospective future
1707	contributions-in-aid-of-construction against the utility's
1708	investment in property used and useful in the public service;
1709	and accumulated depreciation on such contributions-in-aid-of-
1710	construction shall not be used to reduce the rate base, nor
1711	shall depreciation on such contributed assets be considered a
1712	cost of providing utility service.
1713	2.  For purposes of such proceedings, the commission shall
1714	consider utility property, including land acquired or facilities
1715	constructed or to be constructed within a reasonable time in the
1716	future, not to exceed 24 months after the end of the historic
1717	base year used to set final rates unless a longer period is
1718	approved by the commission, to be used and useful in the public
1719	service, if:
1720	a.  Such property is needed to serve current customers;
1721	b.  Such property is needed to serve customers 5 years
1722	after the end of the test year used in the commission's final
1723	order on a rate request as provided in subsection (6) at a
1724	growth rate for equivalent residential connections not to exceed
1725	5 percent per year; or
1726	c.  Such property is needed to serve customers more than 5
1727	full years after the end of the test year used in the
1728	commission's final order on a rate request as provided in
1729	subsection (6) only to the extent that the utility presents
1730	clear and convincing evidence to justify such consideration.
1731
1732	Notwithstanding the provisions of this paragraph, the commission
1733	shall approve rates for service which allow a utility to recover
1734	from customers the full amount of environmental compliance
1735	costs. Such rates may not include charges for allowances for
1736	funds prudently invested or similar charges. For purposes of
1737	this requirement, the term "environmental compliance costs"
1738	includes all reasonable expenses and fair return on any prudent
1739	investment incurred by a utility in complying with the
1740	requirements or conditions contained in any permitting,
1741	enforcement, or similar decisions of the United States
1742	Environmental Protection Agency, the Department of Environmental
1743	Protection, a water management district, or any other
1744	governmental entity with similar regulatory jurisdiction.
1745	(4)(a)  On or before March 31 of each year, the commission
1746	by order shall establish a price increase or decrease index for
1747	major categories of operating costs incurred by utilities
1748	subject to its jurisdiction reflecting the percentage of
1749	increase or decrease in such costs from the most recent 12-month
1750	historical data available. The commission by rule shall
1751	establish the procedure to be used in determining such indices
1752	and a procedure by which a utility, without further action by
1753	the commission, or the commission upon petition of the office on
1754	its own motion, may implement an increase or decrease in its
1755	rates based upon the application of the indices to the amount of
1756	the major categories of operating costs incurred by the utility
1757	during the immediately preceding calendar year, except to the
1758	extent of any disallowances or adjustments for those expenses of
1759	that utility in its most recent rate proceeding before the
1760	commission. The rules shall provide that, upon a finding of good
1761	cause, including inadequate service, the commission may order a
1762	utility to refrain from implementing a rate increase hereunder
1763	unless implemented under a bond or corporate undertaking in the
1764	same manner as interim rates may be implemented under s.
1765	367.082. A utility may not use this procedure between the
1766	official filing date of the rate proceeding and 1 year
1767	thereafter, unless the case is completed or terminated at an
1768	earlier date. A utility may not use this procedure to increase
1769	any operating cost for which an adjustment has been or could be
1770	made under paragraph (b), or to increase its rates by
1771	application of a price index other than the most recent price
1772	index authorized by the commission at the time of filing.
1773	Section 49.  Subsections (1), (2), (4), (6), (8), and (10)
1774	of section 367.0814, Florida Statutes, are amended to read:
1775	367.0814  Office of Regulatory Staff assistance in changing
1776	rates and charges; interim rates.-
1777	(1)  The commission may establish rules by which a water or
1778	wastewater utility whose gross annual revenues are $250,000 or
1779	less may request and obtain staff assistance from the Office of
1780	Regulatory Staff for the purpose of changing its rates and
1781	charges. A utility may request such staff assistance by filing
1782	an application with the commission. The gross annual revenue
1783	level shall be adjusted on July 1, 2013, and every 5 years
1784	thereafter, based on the most recent cumulative 5 years of the
1785	price index established by the commission pursuant to s.
1786	367.081(4)(a).
1787	(2)  The official date of filing is established as 30 days
1788	after official acceptance by the office commission of the
1789	application. If a utility does not remit a fee, as provided by
1790	s. 367.145, within 30 days after acceptance, the commission may
1791	deny the application. The commission has 15 months after the
1792	official date of filing within which to issue a final order.
1793	(4)  The commission may, upon petition from the office or
1794	its own motion, or upon petition from the regulated utility,
1795	authorize the collection of interim rates until the effective
1796	date of the final order. Such interim rates may be based upon a
1797	test period different from the test period used in the request
1798	for permanent rate relief. To establish interim relief, there
1799	must be a demonstration that the operation and maintenance
1800	expenses exceed the revenues of the regulated utility, and
1801	interim rates shall not exceed the level necessary to cover
1802	operation and maintenance expenses as defined by the Uniform
1803	System of Accounts for Class C Water and Wastewater Utilities
1804	(1996) of the National Association of Regulatory Utility
1805	Commissioners.
1806	(6)  The utility, in requesting staff assistance from the
1807	office, shall agree to accept the final rates and charges
1808	approved by the commission unless the final rates and charges
1809	produce less revenue than the existing rates and charges.
1810	(8)  If a utility becomes exempt from commission regulation
1811	or jurisdiction during the pendency of a staff-assisted rate
1812	case conducted pursuant to this section, the request for rate
1813	relief is deemed to have been withdrawn. Interim rates, if
1814	previously approved, shall become final. Temporary rates, if
1815	previously approved, must be discontinued, and any money
1816	collected pursuant to the temporary rates, or the difference
1817	between temporary and interim rates, if previously approved,
1818	must be refunded to the customers of the utility with interest.
1819	(10)  The commission shall submit to the President of the
1820	Senate and the Speaker of the House of Representatives by
1821	January 1, 2013, and every 5 years thereafter, a report of the
1822	status of proceedings conducted under this section, including
1823	the number of utilities eligible to request staff assistance
1824	from the office, the number of proceedings conducted annually
1825	for the most recent 5-year period, the associated impact on
1826	commission and office resources, and any other information the
1827	commission deems appropriate. The commission shall request from
1828	the office any information necessary to complete this report.
1829	Section 50.  Subsection (6) of section 367.0817, Florida
1830	Statutes, is amended to read:
1831	367.0817  Reuse projects.-
1832	(6)  After the reuse project is placed in service, the
1833	commission, upon by petition or on its own motion, may initiate
1834	a proceeding to true-up the costs of the reuse project and the
1835	resulting rates.
1836	Section 51.  Subsections (1) and (3) of section 367.082,
1837	Florida Statutes, are amended to read:
1838	367.082  Interim rates; procedure.-
1839	(1)  The commission may, during any proceeding for a change
1840	of rates, upon its own motion, upon petition from any party, or
1841	by a tariff filing of a utility or a regulated company,
1842	authorize the collection of interim rates until the effective
1843	date of the final order. Such interim rates may be based upon a
1844	test period different from the test period used in the request
1845	for permanent rate relief. Upon application by a utility, the
1846	commission may use the projected test-year rate base when
1847	determining the interim rates or revenues subject to refund. To
1848	establish a prima facie entitlement for interim relief, the
1849	commission, the petitioning party, the utility, or the regulated
1850	company shall demonstrate that the utility or the regulated
1851	company is earning outside the range of reasonableness on rate
1852	of return calculated in accordance with subsection (5).
1853	(3)  In granting such relief, the commission may, in an
1854	expedited hearing but within 60 days of the commencement of the
1855	proceeding, upon petition or upon its own motion, preclude the
1856	recovery of any extraordinary or imprudently incurred
1857	expenditures or, for good cause shown, increase the amount of
1858	the bond, escrow, letter of credit, or corporate undertaking.
1859	Section 52.  Subsection (1) of section 367.0822, Florida
1860	Statutes, is amended to read:
1861	367.0822  Limited proceedings.-
1862	(1)  Upon petition or by its own motion, the commission may
1863	conduct limited proceedings to consider, and act upon, any
1864	matter within its jurisdiction, including any matter the
1865	resolution of which requires a utility to adjust its rates. The
1866	commission shall determine the issues to be considered during
1867	such a proceeding and may grant or deny any request to expand
1868	the scope of the proceeding to include other related matters.
1869	However, unless the issue of rate of return is specifically
1870	addressed in the limited proceeding, the commission shall not
1871	adjust rates if the effect of the adjustment would be to change
1872	the last authorized rate of return.
1873	Section 53.  Section 367.083, Florida Statutes, is amended
1874	to read:
1875	367.083  Determination of official date of filing.-Within
1876	30 days after receipt of an application, rate request, or other
1877	written document for which an official date of filing is to be
1878	established, the commission or its designee shall either
1879	determine the official date of filing or issue a statement of
1880	deficiencies to the applicant, specifically listing why said
1881	applicant has failed to meet the minimum filing requirements.
1882	Such statement of deficiencies shall be binding upon the
1883	commission to the extent that, once the deficiencies in the
1884	statement are satisfied, the official date of filing shall be
1885	promptly established as provided herein. Thereafter, within 20
1886	days after the applicant indicates to the commission that it
1887	believes that it has met the minimum filing requirements, the
1888	commission or its designee shall either determine the official
1889	date of filing or issue another statement of deficiencies,
1890	specifically listing why the requirements have not been met, in
1891	which case this procedure shall be repeated until the applicant
1892	meets the minimum filing requirements and the official date of
1893	filing is established. When the commission initiates a
1894	proceeding upon request made by a person other than the utility,
1895	the official date of filing shall be the date upon which the
1896	order initiating the proceeding is issued.
1897	Section 54.  Subsection (1) of section 367.101, Florida
1898	Statutes, is amended to read:
1899	367.101  Charges for service availability.-
1900	(1)  The commission shall set just and reasonable charges
1901	and conditions for service availability. The commission by rule
1902	may set standards for and levels of service-availability charges
1903	and service-availability conditions. Such charges and conditions
1904	shall be just and reasonable. The commission shall, upon request
1905	or upon its own motion, direct the office to investigate
1906	agreements or proposals for charges and conditions for service
1907	availability and report the results to the commission.
1908	Section 55.  Paragraphs (i) and (k) of subsection (1) and
1909	subsection (2) of section 367.121, Florida Statutes, are amended
1910	to read:
1911	367.121  Powers of commission and office.-
1912	(1)  In the exercise of its jurisdiction, the commission
1913	shall have power:
1914	(i)  To require the filing of reports and other data by a
1915	public utility or its affiliated companies, including its parent
1916	company, regarding transactions or allocations of common costs,
1917	among the utility and such affiliated companies. The commission
1918	may also require such reports or other data necessary to ensure
1919	that a utility's ratepayers do not subsidize nonutility
1920	activities. The authority of the commission to access records
1921	under this paragraph is granted subject to the limitations set
1922	forth in s. 350.011(3) and (4).
1923	(k)  To assess a utility for reasonable travel costs
1924	associated with reviewing the records of the utility and its
1925	affiliates when such records are kept out of state. The utility
1926	may bring the records back into the state for review.
1927	(2)(a)  The office commission or its duly authorized
1928	representatives may, during all reasonable hours, enter upon any
1929	premises occupied by any utility and set up and use thereon any
1930	necessary apparatus and appliance for the purpose of making
1931	investigations, inspections, examinations, and tests and
1932	exercising any power conferred by this chapter. Such utility
1933	shall have the right to be notified of and be represented at the
1934	making of such investigations, inspections, examinations, and
1935	tests.
1936	(b)  The office may assess a utility for reasonable travel
1937	costs associated with reviewing the records of the utility and
1938	its affiliates when such records are kept out of state. The
1939	utility may bring the records back into the state for review.
1940	Section 56.  Subsections (3) and (4) of section 367.122,
1941	Florida Statutes, are amended to read:
1942	367.122  Examination and testing of meters.-
1943	(3)  The commission shall establish reasonable fees to be
1944	paid for testing such meters on the request of the customers.
1945	Current utility customers or users may, at their discretion, pay
1946	the fee fixed by the commission at the time of the request or
1947	have the utility include the fee with their next regularly
1948	scheduled statement. However, the fee shall be paid by the
1949	utility and repaid to the customer or user if the meter is found
1950	defective or incorrect to the disadvantage of the customer or
1951	user in excess of the degree or amount of tolerance customarily
1952	allowed for such meters, or as may be provided for in rules and
1953	regulations of the commission. No fee may be charged for any
1954	such testing done by the commission or its representatives. The
1955	commission may designate the office to conduct testing on its
1956	behalf.
1957	(4)  The commission or the office, if designated by the
1958	commission to conduct testing, may purchase materials,
1959	apparatus, and standard measuring instruments for such
1960	examinations and tests.
1961	Section 57.  Subsection (3) of section 367.145, Florida
1962	Statutes, is amended to read:
1963	367.145  Regulatory assessment and application fees.-
1964	(3)  Fees collected by the commission pursuant to this
1965	section may only be used to cover the cost of the commission and
1966	the office in regulating water and wastewater systems. Fees
1967	collected by the commission pursuant to chapters 364 and 366 may
1968	not be used to pay the cost of regulating water and wastewater
1969	systems.
1970	Section 58.  Subsections (1) and (2) of section 367.156,
1971	Florida Statutes, are amended to read:
1972	367.156  Public utility records; confidentiality.-
1973	(1)  The commission and the office shall continue to have
1974	reasonable access to all utility records and records of
1975	affiliated companies, including its parent company, regarding
1976	transactions or cost allocations among the utility and such
1977	affiliated companies, and such records necessary to ensure that
1978	a utility's ratepayers do not subsidize nonutility activities.
1979	Upon request of the utility or any other person, any records
1980	received by the commission or the office which are shown and
1981	found by the commission to be proprietary confidential business
1982	information shall be kept confidential and shall be exempt from
1983	s. 119.07(1). The authority of the commission to access records
1984	under this section is granted subject to the limitations set
1985	forth in s. 350.011(3) and (4).
1986	(2)  Discovery in any docket or proceeding before the
1987	commission shall be in the manner provided for in Rule 1.280 of
1988	the Florida Rules of Civil Procedure. Information which affects
1989	a utility's rates or cost of service shall be considered
1990	relevant for purposes of discovery in any docket or proceeding
1991	where the utility's rates or cost of service are at issue. The
1992	commission shall determine whether information requested in
1993	discovery affects a utility's rates or cost of service. Upon
1994	showing by a utility or other person and a finding by the
1995	commission that discovery will require the disclosure of
1996	proprietary confidential business information, the commission
1997	shall issue appropriate protective orders designating the manner
1998	for handling such information during the course of the
1999	proceeding and for protecting such information from disclosure
2000	outside the proceeding. Such proprietary confidential business
2001	information shall be exempt from s. 119.07(1). Any records
2002	provided pursuant to a discovery request for which proprietary
2003	confidential business information status is requested shall be
2004	treated by the commission, the Office of Regulatory Staff, and
2005	the Office of the Public Counsel, and any other party subject to
2006	the public records act as confidential and shall be exempt from
2007	s. 119.07(1), pending a formal ruling on such request by the
2008	commission or the return of the records to the person providing
2009	the records. Any record which has been determined to be
2010	proprietary confidential business information and is not entered
2011	into the official record of the proceeding must be returned to
2012	the person providing the record within 60 days after the final
2013	order, unless the final order is appealed. If the final order is
2014	appealed, any such record must be returned within 30 days after
2015	the decision on appeal. The commission shall adopt the necessary
2016	rules to implement this provision.
2017	Section 59.  Subsection (5) of section 367.171, Florida
2018	Statutes, is amended to read:
2019	367.171  Effectiveness of this chapter.-
2020	(5)  When a utility becomes subject to regulation by a
2021	county, all cases in which the utility is a party then pending
2022	before the commission, or in any court by appeal from any order
2023	of the commission, shall remain within the jurisdiction of the
2024	commission or court until disposed of in accordance with the law
2025	in effect on the day such case was filed by any party with the
2026	commission or initiated by the commission upon the petition of
2027	any party, whether or not the parties or the subject of any such
2028	case relates to a utility in a county wherein this chapter no
2029	longer applies.
2030	Section 60.  Subsection (4) is added to section 368.05,
2031	Florida Statutes, to read:
2032	368.05  Commission jurisdiction; rules.-
2033	(4)  The commission may not, on its own motion, initiate
2034	any proceeding under this part. The authority of the commission
2035	to access records under this section is granted subject to the
2036	limitations set forth in s. 350.011(3) and (4).
2037	Section 61.  Subsections (2) and (3) of section 368.061,
2038	Florida Statutes, are amended to read:
2039	368.061  Penalty.-
2040	(2)  Any such civil penalty may be compromised by the
2041	commission commissioners. In determining the amount of such
2042	penalty or the amount agreed upon in compromise, the
2043	appropriateness of such penalty to the size of the business of
2044	the person charged, the gravity of the violation, and the good
2045	faith of the person charged in attempting to achieve compliance
2046	after notification of a violation shall be considered. Each
2047	penalty shall be a lien upon the real and personal property of
2048	said persons and enforceable by the commission as statutory
2049	liens under chapter 85, the proceeds of which shall be deposited
2050	in the general revenue fund of the state.
2051	(3)  The commission commissioners may, upon petition at
2052	their discretion, cause to be instituted in any court of
2053	competent jurisdiction in this state proceedings for injunction
2054	against any person subject to the provisions of this part to
2055	compel the observance of the provisions of this part or any
2056	rule, regulation, or requirement of the commission made
2057	thereunder.
2058	Section 62.  Subsections (5) and (6) of section 368.103,
2059	Florida Statutes, are renumbered as subsections (6) and (7),
2060	respectively, and a new subsection (5) is added to that section
2061	to read:
2062	368.103  Definitions.-As used in ss. 368.101-368.112, the
2063	term:
2064	(5)  "Office" means the Office of Regulatory Staff.
2065	Section 63.  Subsection (2) of section 368.106, Florida
2066	Statutes, is amended to read:
2067	368.106  Statement of intent to increase rates; major
2068	changes; hearing; suspension of rate schedules; determination of
2069	rate level.-
2070	(2)  Except when a rate is deemed just and reasonable
2071	pursuant to s. 368.105(3), if there is filed with the commission
2072	an initial rate, or a change or modification in any rate in
2073	effect, the commission shall, on complaint by any person whose
2074	substantial interests are affected by the rate, or may, upon
2075	petition by the office on its own motion, at any time before
2076	such rate would have taken effect, order a hearing pursuant to
2077	ss. 120.569 and 120.57 to determine whether the rate is just and
2078	reasonable.
2079	Section 64.  Section 368.107, Florida Statutes, is amended
2080	to read:
2081	368.107  Unreasonable or violative existing rates and
2082	services.-If the commission, after reasonable notice and
2083	hearing, upon petition by the office on its own motion or
2084	written complaint by any person who has a substantial interest,
2085	finds that any rate or service filed with the commission,
2086	including any rate filed pursuant to s. 368.105(3), whether or
2087	not being demanded, observed, charged, or collected by any
2088	natural gas transmission company for any service is unjust,
2089	unreasonable, or unduly discriminatory or preferential, or in
2090	any way in violation of any provision of law, the commission
2091	shall determine the just and reasonable rates, including maximum
2092	or minimum rates and services, to be thereafter observed and in
2093	force, and shall fix the same by order to be served on the
2094	natural gas transmission company. Those rates and services shall
2095	constitute the legal rates and services of the natural gas
2096	transmission company until changed as provided by ss. 368.101-
2097	368.112.
2098	Section 65.  Subsections (1) and (2) of section 368.108,
2099	Florida Statutes, are amended to read:
2100	368.108  Confidentiality; discovery.-
2101	(1)  The commission and the office shall continue to have
2102	reasonable access to all natural gas transmission company
2103	records and records of the natural gas transmission company's
2104	affiliated companies, including its parent company, regarding
2105	transactions or cost allocations among the natural gas
2106	transmission company and such affiliated companies, and such
2107	records necessary to ensure that a natural gas transmission
2108	company's ratepayers do not subsidize unregulated activities.
2109	Upon request of the natural gas transmission company or other
2110	person, any records received by the commission or the office
2111	which are shown and found by the commission to be proprietary
2112	confidential business information shall be confidential and
2113	exempt from s. 119.07(1). The authority of the commission to
2114	access records under this section is granted subject to the
2115	limitations set forth in s. 350.011(3) and (4).
2116	(2)  Discovery in any docket or proceeding before the
2117	commission shall be in the manner provided for in Rule 1.280 of
2118	the Florida Rules of Civil Procedure. Information which affects
2119	a natural gas transmission company's rates or cost of service
2120	shall be considered relevant for purposes of discovery in any
2121	docket or proceeding where the natural gas transmission
2122	company's rates or cost of service are at issue. The commission
2123	shall determine whether information requested in discovery
2124	affects a natural gas transmission company's rates or cost of
2125	service. Upon a showing by a natural gas transmission company or
2126	other person and a finding by the commission that discovery will
2127	require the disclosure of proprietary confidential business
2128	information, the commission shall issue appropriate protective
2129	orders designating the manner for handling such information
2130	during the course of the proceeding and for protecting such
2131	information from disclosure outside the proceeding. Such
2132	proprietary confidential business information shall be exempt
2133	from s. 119.07(1). Any records provided pursuant to a discovery
2134	request for which proprietary confidential business information
2135	status is requested shall be treated by the commission, the
2136	Office of Regulatory Staff, and the Office of the Public
2137	Counsel, and any other party subject to the public records law
2138	as confidential and shall be exempt from s. 119.07(1) pending a
2139	formal ruling on such request by the commission or the return of
2140	the records to the person providing the records. Any record
2141	which has been determined to be proprietary confidential
2142	business information and is not entered into the official record
2143	of the proceeding must be returned to the person providing the
2144	record within 60 days after the final order, unless the final
2145	order is appealed. If the final order is appealed, any such
2146	record must be returned within 30 days after the decision on
2147	appeal. The commission shall adopt the necessary rules to
2148	implement this provision.
2149	Section 66.  Section 368.1085, Florida Statutes, is amended
2150	to read:
2151	368.1085  Travel costs.-The office commission has the
2152	authority to assess a natural gas transmission company for
2153	reasonable travel costs associated with reviewing the records of
2154	the natural gas transmission company and its affiliates when
2155	such records are kept out of state. The natural gas transmission
2156	company may bring the records back into the state for review.
2157	Section 67.  Section 368.109, Florida Statutes, is amended
2158	to read:
2159	368.109  Regulatory assessment fees.-Each natural gas
2160	transmission company operating under ss. 368.101-368.112, for
2161	all or any part of the preceding 6-month period, shall pay to
2162	the commission, within 30 days following the end of each 6-month
2163	period, a fee that may not exceed 0.25 percent annually of its
2164	gross operating revenues derived from intrastate business
2165	excluding sales for resales to natural gas transmission
2166	companies, public utilities that supply gas, municipal gas
2167	utilities, and gas districts. The fee shall, to the extent
2168	practicable, be related to the cost of the commission and the
2169	office in regulating such natural gas transmission companies.
2170	Section 68.  Subsection (1) of section 403.519, Florida
2171	Statutes, is amended to read:
2172	403.519  Exclusive forum for determination of need.-
2173	(1)  On request by an applicant or upon petition by the
2174	Office of Regulatory Staff on its own motion, the commission
2175	shall begin a proceeding to determine the need for an electrical
2176	power plant subject to the Florida Electrical Power Plant Siting
2177	Act.
2178	Section 69.  Paragraph (a) of subsection (1) of section
2179	403.537, Florida Statutes, is amended to read:
2180	403.537  Determination of need for transmission line;
2181	powers and duties.-
2182	(1)(a)  Upon request by an applicant or upon petition by
2183	the Office of Regulatory Staff its own motion, the Florida
2184	Public Service Commission shall schedule a public hearing, after
2185	notice, to determine the need for a transmission line regulated
2186	by the Florida Electric Transmission Line Siting Act, ss.
2187	403.52-403.5365. The notice shall be published at least 21 days
2188	before the date set for the hearing and shall be published by
2189	the applicant in at least one-quarter page size notice in
2190	newspapers of general circulation, and by the commission in the
2191	manner specified in chapter 120, by giving notice to counties
2192	and regional planning councils in whose jurisdiction the
2193	transmission line could be placed, and by giving notice to any
2194	persons who have requested to be placed on the mailing list of
2195	the commission for this purpose. Within 21 days after receipt of
2196	a request for determination by an applicant, the commission
2197	shall set a date for the hearing. The hearing shall be held
2198	pursuant to s. 350.01 within 45 days after the filing of the
2199	request, and a decision shall be rendered within 60 days after
2200	such filing.
2201	Section 70.  Paragraph (a) of subsection (1) of section
2202	403.9422, Florida Statutes, is amended to read:
2203	403.9422  Determination of need for natural gas
2204	transmission pipeline; powers and duties.-
2205	(1)(a)  Upon request by an applicant or upon petition by
2206	the Office of Regulatory Staff its own motion, the commission
2207	shall schedule a public hearing, after notice, to determine the
2208	need for a natural gas transmission pipeline regulated by ss.
2209	403.9401-403.9425. Such notice shall be published at least 45
2210	days before the date set for the hearing and shall be published
2211	in at least one-quarter page size in newspapers of general
2212	circulation and in the Florida Administrative Weekly, by giving
2213	notice to counties and regional planning councils in whose
2214	jurisdiction the natural gas transmission pipeline could be
2215	placed, and by giving notice to any persons who have requested
2216	to be placed on the mailing list of the commission for this
2217	purpose. Within 21 days after receipt of a request for
2218	determination by an applicant, the commission shall set a date
2219	for the hearing. The hearing shall be held pursuant to s. 350.01
2220	within 75 days after the filing of the request, and a decision
2221	shall be rendered within 90 days after such filing.
2222	Section 71.  Subsection (6) of section 196.012, Florida
2223	Statutes, is amended to read:
2224	196.012  Definitions.-For the purpose of this chapter, the
2225	following terms are defined as follows, except where the context
2226	clearly indicates otherwise:
2227	(6)  Governmental, municipal, or public purpose or function
2228	shall be deemed to be served or performed when the lessee under
2229	any leasehold interest created in property of the United States,
2230	the state or any of its political subdivisions, or any
2231	municipality, agency, special district, authority, or other
2232	public body corporate of the state is demonstrated to perform a
2233	function or serve a governmental purpose which could properly be
2234	performed or served by an appropriate governmental unit or which
2235	is demonstrated to perform a function or serve a purpose which
2236	would otherwise be a valid subject for the allocation of public
2237	funds. For purposes of the preceding sentence, an activity
2238	undertaken by a lessee which is permitted under the terms of its
2239	lease of real property designated as an aviation area on an
2240	airport layout plan which has been approved by the Federal
2241	Aviation Administration and which real property is used for the
2242	administration, operation, business offices and activities
2243	related specifically thereto in connection with the conduct of
2244	an aircraft full service fixed base operation which provides
2245	goods and services to the general aviation public in the
2246	promotion of air commerce shall be deemed an activity which
2247	serves a governmental, municipal, or public purpose or function.
2248	Any activity undertaken by a lessee which is permitted under the
2249	terms of its lease of real property designated as a public
2250	airport as defined in s. 332.004(14) by municipalities,
2251	agencies, special districts, authorities, or other public bodies
2252	corporate and public bodies politic of the state, a spaceport as
2253	defined in s. 331.303, or which is located in a deepwater port
2254	identified in s. 403.021(9)(b) and owned by one of the foregoing
2255	governmental units, subject to a leasehold or other possessory
2256	interest of a nongovernmental lessee that is deemed to perform
2257	an aviation, airport, aerospace, maritime, or port purpose or
2258	operation shall be deemed an activity that serves a
2259	governmental, municipal, or public purpose. The use by a lessee,
2260	licensee, or management company of real property or a portion
2261	thereof as a convention center, visitor center, sports facility
2262	with permanent seating, concert hall, arena, stadium, park, or
2263	beach is deemed a use that serves a governmental, municipal, or
2264	public purpose or function when access to the property is open
2265	to the general public with or without a charge for admission. If
2266	property deeded to a municipality by the United States is
2267	subject to a requirement that the Federal Government, through a
2268	schedule established by the Secretary of the Interior, determine
2269	that the property is being maintained for public historic
2270	preservation, park, or recreational purposes and if those
2271	conditions are not met the property will revert back to the
2272	Federal Government, then such property shall be deemed to serve
2273	a municipal or public purpose. The term "governmental purpose"
2274	also includes a direct use of property on federal lands in
2275	connection with the Federal Government's Space Exploration
2276	Program or spaceport activities as defined in s. 212.02(22).
2277	Real property and tangible personal property owned by the
2278	Federal Government or Space Florida and used for defense and
2279	space exploration purposes or which is put to a use in support
2280	thereof shall be deemed to perform an essential national
2281	governmental purpose and shall be exempt. "Owned by the lessee"
2282	as used in this chapter does not include personal property,
2283	buildings, or other real property improvements used for the
2284	administration, operation, business offices and activities
2285	related specifically thereto in connection with the conduct of
2286	an aircraft full service fixed based operation which provides
2287	goods and services to the general aviation public in the
2288	promotion of air commerce provided that the real property is
2289	designated as an aviation area on an airport layout plan
2290	approved by the Federal Aviation Administration. For purposes of
2291	determination of "ownership," buildings and other real property
2292	improvements which will revert to the airport authority or other
2293	governmental unit upon expiration of the term of the lease shall
2294	be deemed "owned" by the governmental unit and not the lessee.
2295	Providing two-way telecommunications services to the public for
2296	hire by the use of a telecommunications facility, as defined in
2297	s. 364.02(16)(15), and for which a certificate is required under
2298	chapter 364 does not constitute an exempt use for purposes of s.
2299	196.199, unless the telecommunications services are provided by
2300	the operator of a public-use airport, as defined in s. 332.004,
2301	for the operator's provision of telecommunications services for
2302	the airport or its tenants, concessionaires, or licensees, or
2303	unless the telecommunications services are provided by a public
2304	hospital.
2305	Section 72.  Paragraph (b) of subsection (1) of section
2306	199.183, Florida Statutes, is amended to read:
2307	199.183  Taxpayers exempt from nonrecurring taxes.-
2308	(1)  Intangible personal property owned by this state or
2309	any of its political subdivisions or municipalities shall be
2310	exempt from taxation under this chapter. This exemption does not
2311	apply to:
2312	(b)  Property related to the provision of two-way
2313	telecommunications services to the public for hire by the use of
2314	a telecommunications facility, as defined in s. 364.02(16)(15),
2315	and for which a certificate is required under chapter 364, when
2316	the service is provided by any county, municipality, or other
2317	political subdivision of the state. Any immunity of any
2318	political subdivision of the state or other entity of local
2319	government from taxation of the property used to provide
2320	telecommunication services that is taxed as a result of this
2321	paragraph is hereby waived. However, intangible personal
2322	property related to the provision of telecommunications services
2323	provided by the operator of a public-use airport, as defined in
2324	s. 332.004, for the operator's provision of telecommunications
2325	services for the airport or its tenants, concessionaires, or
2326	licensees, and intangible personal property related to the
2327	provision of telecommunications services provided by a public
2328	hospital, are exempt from taxation under this chapter.
2329	Section 73.  Subsection (6) of section 212.08, Florida
2330	Statutes, is amended to read:
2331	212.08  Sales, rental, use, consumption, distribution, and
2332	storage tax; specified exemptions.-The sale at retail, the
2333	rental, the use, the consumption, the distribution, and the
2334	storage to be used or consumed in this state of the following
2335	are hereby specifically exempt from the tax imposed by this
2336	chapter.
2337	(6)  EXEMPTIONS; POLITICAL SUBDIVISIONS.-There are also
2338	exempt from the tax imposed by this chapter sales made to the
2339	United States Government, a state, or any county, municipality,
2340	or political subdivision of a state when payment is made
2341	directly to the dealer by the governmental entity. This
2342	exemption shall not inure to any transaction otherwise taxable
2343	under this chapter when payment is made by a government employee
2344	by any means, including, but not limited to, cash, check, or
2345	credit card when that employee is subsequently reimbursed by the
2346	governmental entity. This exemption does not include sales of
2347	tangible personal property made to contractors employed either
2348	directly or as agents of any such government or political
2349	subdivision thereof when such tangible personal property goes
2350	into or becomes a part of public works owned by such government
2351	or political subdivision. A determination whether a particular
2352	transaction is properly characterized as an exempt sale to a
2353	government entity or a taxable sale to a contractor shall be
2354	based on the substance of the transaction rather than the form
2355	in which the transaction is cast. The department shall adopt
2356	rules that give special consideration to factors that govern the
2357	status of the tangible personal property before its affixation
2358	to real property. In developing these rules, assumption of the
2359	risk of damage or loss is of paramount consideration in the
2360	determination. This exemption does not include sales, rental,
2361	use, consumption, or storage for use in any political
2362	subdivision or municipality in this state of machines and
2363	equipment and parts and accessories therefor used in the
2364	generation, transmission, or distribution of electrical energy
2365	by systems owned and operated by a political subdivision in this
2366	state for transmission or distribution expansion. Likewise
2367	exempt are charges for services rendered by radio and television
2368	stations, including line charges, talent fees, or license fees
2369	and charges for films, videotapes, and transcriptions used in
2370	producing radio or television broadcasts. The exemption provided
2371	in this subsection does not include sales, rental, use,
2372	consumption, or storage for use in any political subdivision or
2373	municipality in this state of machines and equipment and parts
2374	and accessories therefor used in providing two-way
2375	telecommunications services to the public for hire by the use of
2376	a telecommunications facility, as defined in s. 364.02(16)(15),
2377	and for which a certificate is required under chapter 364, which
2378	facility is owned and operated by any county, municipality, or
2379	other political subdivision of the state. Any immunity of any
2380	political subdivision of the state or other entity of local
2381	government from taxation of the property used to provide
2382	telecommunication services that is taxed as a result of this
2383	section is hereby waived. However, the exemption provided in
2384	this subsection includes transactions taxable under this chapter
2385	which are for use by the operator of a public-use airport, as
2386	defined in s. 332.004, in providing such telecommunications
2387	services for the airport or its tenants, concessionaires, or
2388	licensees, or which are for use by a public hospital for the
2389	provision of such telecommunications services.
2390	Section 74.  Paragraph (b) of subsection (2) of section
2391	288.0655, Florida Statutes, is amended to read:
2392	288.0655  Rural Infrastructure Fund.-
2393	(2)
2394	(b)  To facilitate access of rural communities and rural
2395	areas of critical economic concern as defined by the Rural
2396	Economic Development Initiative to infrastructure funding
2397	programs of the Federal Government, such as those offered by the
2398	United States Department of Agriculture and the United States
2399	Department of Commerce, and state programs, including those
2400	offered by Rural Economic Development Initiative agencies, and
2401	to facilitate local government or private infrastructure funding
2402	efforts, the office may award grants for up to 30 percent of the
2403	total infrastructure project cost. If an application for funding
2404	is for a catalyst site, as defined in s. 288.0656, the office
2405	may award grants for up to 40 percent of the total
2406	infrastructure project cost. Eligible projects must be related
2407	to specific job-creation or job-retention opportunities.
2408	Eligible projects may also include improving any inadequate
2409	infrastructure that has resulted in regulatory action that
2410	prohibits economic or community growth or reducing the costs to
2411	community users of proposed infrastructure improvements that
2412	exceed such costs in comparable communities. Eligible uses of
2413	funds shall include improvements to public infrastructure for
2414	industrial or commercial sites and upgrades to or development of
2415	public tourism infrastructure. Authorized infrastructure may
2416	include the following public or public-private partnership
2417	facilities: storm water systems; telecommunications facilities;
2418	broadband facilities; roads or other remedies to transportation
2419	impediments; nature-based tourism facilities; or other physical
2420	requirements necessary to facilitate tourism, trade, and
2421	economic development activities in the community. Authorized
2422	infrastructure may also include publicly or privately owned
2423	self-powered nature-based tourism facilities, publicly owned
2424	telecommunications facilities, and broadband facilities, and
2425	additions to the distribution facilities of the existing natural
2426	gas utility as defined in s. 366.04(3)(c), the existing electric
2427	utility as defined in s. 366.02, or the existing water or
2428	wastewater utility as defined in s. 367.021(13)(12), or any
2429	other existing water or wastewater facility, which owns a gas or
2430	electric distribution system or a water or wastewater system in
2431	this state where:
2432	1.  A contribution-in-aid of construction is required to
2433	serve public or public-private partnership facilities under the
2434	tariffs of any natural gas, electric, water, or wastewater
2435	utility as defined herein; and
2436	2.  Such utilities as defined herein are willing and able
2437	to provide such service.
2438	Section 75.  Subsection (8) of section 290.007, Florida
2439	Statutes, is amended to read:
2440	290.007  State incentives available in enterprise zones.-
2441	The following incentives are provided by the state to encourage
2442	the revitalization of enterprise zones:
2443	(8)  Notwithstanding any law to the contrary, the Public
2444	Service Commission may allow public utilities and
2445	telecommunications companies to grant discounts of up to 50
2446	percent on tariffed rates for services to small businesses
2447	located in an enterprise zone designated pursuant to s.
2448	290.0065. Such discounts may be granted for a period not to
2449	exceed 5 years. For purposes of this subsection, the term
2450	"public utility" has the same meaning as in s. 366.02(1) and the
2451	term "telecommunications company" has the same meaning as in s.
2452	364.02(15)(14).
2453	Section 76.  Subsection (4) of section 364.602, Florida
2454	Statutes, is amended to read:
2455	364.602  Definitions.-For purposes of this part:
2456	(4)  "Originating party" means any person, firm,
2457	corporation, or other entity, including a telecommunications
2458	company or a billing clearinghouse, that provides any
2459	telecommunications service or information service to a customer
2460	or bills a customer through a billing party, except the term
2461	"originating party" does not include any entity specifically
2462	exempted from the definition of "telecommunications company" as
2463	provided in s. 364.02(15)(14).
2464	Section 77.  Subsection (5) of section 489.103, Florida
2465	Statutes, is amended to read:
2466	489.103  Exemptions.-This part does not apply to:
2467	(5)  Public utilities, including special gas districts as
2468	defined in chapter 189, telecommunications companies as defined
2469	in s. 364.02(15)(14), and natural gas transmission companies as
2470	defined in s. 368.103(4), on construction, maintenance, and
2471	development work performed by their employees, which work,
2472	including, but not limited to, work on bridges, roads, streets,
2473	highways, or railroads, is incidental to their business. The
2474	board shall define, by rule, the term "incidental to their
2475	business" for purposes of this subsection.
2476	Section 78.  Section 624.105, Florida Statutes, is amended
2477	to read:
2478	624.105  Waiver of customer liability.-Any regulated
2479	company as defined in s. 350.111, any electric utility as
2480	defined in s. 366.02(2), any utility as defined in s.
2481	367.021(13)(12) or s. 367.022(2) and (7), and any provider of
2482	communications services as defined in s. 202.11(2) may charge
2483	for and include an optional waiver of liability provision in
2484	their customer contracts under which the entity agrees to waive
2485	all or a portion of the customer's liability for service from
2486	the entity for a defined period in the event of the customer's
2487	call to active military service, death, disability, involuntary
2488	unemployment, qualification for family leave, or similar
2489	qualifying event or condition. Such provisions may not be
2490	effective in the customer's contract with the entity unless
2491	affirmatively elected by the customer. No such provision shall
2492	constitute insurance so long as the provision is a contract
2493	between the entity and its customer.
2494	Section 79.  This act shall take effect October 1, 2010.

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