1 | A bill to be entitled |
2 | An act relating to organization and standards of the |
3 | Public Service Commission; amending s. 20.055, F.S., |
4 | relating to agency inspectors general; revising the |
5 | definition of the term "agency head"; amending s. 112.324, |
6 | F.S.; revising provisions for disposition of ethics |
7 | complaints against the Public Counsel and employees of the |
8 | Public Counsel; amending s. 350.001, F.S.; revising |
9 | legislative intent; repealing s. 350.012, F.S., relating |
10 | to the creation, organization, and duties of the Committee |
11 | on Public Counsel Oversight; amending s. 350.031, F.S., |
12 | relating to terms of members of the Florida Public Service |
13 | Commission Nominating Council; removing obsolete language; |
14 | creating s. 350.035, F.S.; prohibiting attempts by certain |
15 | persons to sway the judgment of the commission by bringing |
16 | pressure to bear on certain persons; providing for the |
17 | Commission on Ethics to receive and investigate complaints |
18 | of violations pursuant to specified provisions; |
19 | prohibiting commissioners from requiring or demanding that |
20 | certain commission staff pursue particular positions or |
21 | courses of action; requiring the inspector general of the |
22 | commission to receive and investigate complaints of |
23 | violations; amending s. 350.04, F.S.; requiring |
24 | commissioners to complete a course of study developed by |
25 | the executive director and general counsel; requiring |
26 | commissioners to complete continuing professional |
27 | education; providing training requirements for |
28 | commissioners and commission employees; requiring |
29 | certifications of compliance to be provided to the |
30 | Legislature; amending s. 350.041, F.S.; revising |
31 | legislative intent; revising standards of conduct for |
32 | commissioners; revising provisions for investigation and |
33 | reports of alleged violations; authorizing commission |
34 | employees to request opinions from the Commission on |
35 | Ethics; amending s. 350.042, F.S.; revising provisions for |
36 | communications concerning agency proceedings; providing |
37 | for application of such provisions to members of a |
38 | commissioner's direct staff; revising restrictions on such |
39 | communications by commissioners and members of their |
40 | direct staff; defining the term "ex parte communication"; |
41 | providing a civil penalty; amending s. 350.06, F.S.; |
42 | revising provisions for the offices of the commission, |
43 | payment of moneys, and employment of personnel; |
44 | establishing the executive director as the agency head for |
45 | certain purposes; amending s. 350.061, F.S.; providing for |
46 | appointment of the Public Counsel by, and service of the |
47 | Public Counsel at the pleasure of, the Attorney General; |
48 | amending ss. 350.0613 and 350.0614, F.S.; providing powers |
49 | and duties of the Attorney General regarding the Public |
50 | Counsel and his or her employees to conform provisions to |
51 | the transfer of the Office of Public Counsel; transferring |
52 | the Office of Public Counsel from the legislative branch |
53 | to the Office of the Attorney General; repealing s. |
54 | 350.121, F.S.; relating to commission inquiries; creating |
55 | s. 350.122, F.S.; requiring persons testifying before the |
56 | Public Service Commission to disclose certain financial |
57 | and fiduciary relationships; providing that a |
58 | determination by the commission that a violation occurred |
59 | constitutes agency action for which a hearing may be |
60 | sought; providing an effective date. |
61 |
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62 | Be It Enacted by the Legislature of the State of Florida: |
63 |
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64 | Section 1. Paragraph (b) of subsection (1) of section |
65 | 20.055, Florida Statutes, is amended to read: |
66 | 20.055 Agency inspectors general.- |
67 | (1) For the purposes of this section: |
68 | (b) "Agency head" means the Governor, a Cabinet officer, a |
69 | secretary as defined in s. 20.03(5), or an executive director as |
70 | defined in s. 20.03(6). It also includes the chair of the Public |
71 | Service Commission, the Director of the Office of Insurance |
72 | Regulation of the Financial Services Commission, the Director of |
73 | the Office of Financial Regulation of the Financial Services |
74 | Commission, and the Chief Justice of the State Supreme Court. |
75 | Section 2. Paragraphs (a) and (c) of subsection (8) of |
76 | section 112.324, Florida Statutes, are amended to read: |
77 | 112.324 Procedures on complaints of violations; public |
78 | records and meeting exemptions.- |
79 | (8) If, in cases pertaining to complaints other than |
80 | complaints against impeachable officers or members of the |
81 | Legislature, upon completion of a full and final investigation |
82 | by the commission, the commission finds that there has been a |
83 | violation of this part or of s. 8, Art. II of the State |
84 | Constitution, it shall be the duty of the commission to report |
85 | its findings and recommend appropriate action to the proper |
86 | disciplinary official or body as follows, and such official or |
87 | body shall have the power to invoke the penalty provisions of |
88 | this part, including the power to order the appropriate |
89 | elections official to remove a candidate from the ballot for a |
90 | violation of s. 112.3145 or s. 8(a) and (i), Art. II of the |
91 | State Constitution: |
92 | (a) The President of the Senate and the Speaker of the |
93 | House of Representatives, jointly, in any case concerning the |
94 | Public Counsel, members of the Public Service Commission, |
95 | members of the Public Service Commission Nominating Council, the |
96 | Auditor General, the director of the Office of Program Policy |
97 | Analysis and Government Accountability, or members of the |
98 | Legislative Committee on Intergovernmental Relations. |
99 | (c) The President of the Senate, in any case concerning an |
100 | employee of the Senate; the Speaker of the House of |
101 | Representatives, in any case concerning an employee of the House |
102 | of Representatives; or the President and the Speaker, jointly, |
103 | in any case concerning an employee of a committee of the |
104 | Legislature whose members are appointed solely by the President |
105 | and the Speaker or in any case concerning an employee of the |
106 | Public Counsel, Public Service Commission, Auditor General, |
107 | Office of Program Policy Analysis and Government Accountability, |
108 | or Legislative Committee on Intergovernmental Relations. |
109 | Section 3. Section 350.001, Florida Statutes, is amended |
110 | to read: |
111 | 350.001 Legislative intent.- |
112 | (1) The Florida Public Service Commission has been and |
113 | shall continue to be an arm of the legislative branch of |
114 | government. In the exercise of its jurisdiction, the commission |
115 | may not establish or implement any regulatory policy that is |
116 | contrary to, or is an expansion of, the authority granted to it |
117 | by the Legislature. |
118 | (2) The Public Service Commission shall perform its duties |
119 | independently, impartially, professionally, honorably, and |
120 | without undue influence from any person, pursuant to s. 350.041. |
121 | (3) It is the desire of the Legislature that the Governor |
122 | participate in the appointment process of commissioners to the |
123 | Public Service Commission. The Legislature accordingly delegates |
124 | to the Governor a limited authority with respect to the Public |
125 | Service Commission by authorizing him or her to participate in |
126 | the selection of members only in the manner prescribed by s. |
127 | 350.031. |
128 | Section 4. Section 350.012, Florida Statutes, is repealed. |
129 | Section 5. Paragraphs (b) and (d) of subsection (1) of |
130 | section 350.031, Florida Statutes, are amended to read: |
131 | 350.031 Florida Public Service Commission Nominating |
132 | Council.- |
133 | (1) |
134 | (b) All terms shall be for 4 years except those members of |
135 | the House and Senate, who shall serve 2-year terms concurrent |
136 | with the 2-year elected terms of House members. All terms of the |
137 | members of the Public Service Commission Nominating Council |
138 | existing on June 30, 2008, shall terminate upon the effective |
139 | date of this act; however, such members may serve an additional |
140 | term if reappointed by the Speaker of the House of |
141 | Representatives or the President of the Senate. To establish |
142 | staggered terms, appointments of members shall be made for |
143 | initial terms to begin on July 1, 2008, with each appointing |
144 | officer to appoint three legislator members, one of whom shall |
145 | be a member of the minority party, to terms through the |
146 | remainder of the 2-year elected terms of House members; one |
147 | nonlegislator member to a 6-month term; one nonlegislator member |
148 | to an 18-month term; and one nonlegislator member to a 42-month |
149 | term. Thereafter, the terms of the nonlegislator members of the |
150 | Public Service Commission Nominating Council shall begin on |
151 | January 2 of the year the term commences and end 4 years later |
152 | on January 1. |
153 | (d) Vacancies on the council shall be filled for the |
154 | unexpired portion of the term in the same manner as original |
155 | appointments to the council. A member may not be reappointed to |
156 | the council, except for a member of the House of Representatives |
157 | or the Senate who may be appointed to two 2-year terms, members |
158 | who are reappointed pursuant to paragraph (b), or a person who |
159 | is appointed to fill the remaining portion of an unexpired term. |
160 | Section 6. Section 350.035, Florida Statutes, is created |
161 | to read: |
162 | 350.035 Prohibited influence on commissioners and |
163 | commission staff.- |
164 | (1)(a) Neither the Governor, the President of the Senate, |
165 | the Speaker of the House of Representatives, nor a member of the |
166 | Public Service Commission Nominating Council may attempt to sway |
167 | the independent judgment of the commission by bringing pressure |
168 | to bear upon a commissioner, an applicant to fill a vacancy on |
169 | the commission, or a commission employee by threat or offer of |
170 | reward in relation to the nomination, appointment, or |
171 | confirmation of a commissioner. |
172 | (b) The Commission on Ethics shall receive and investigate |
173 | sworn complaints of violations of this subsection pursuant to |
174 | ss. 112.322-112.3241. |
175 | (2)(a) To ensure that each commissioner, as a member of a |
176 | collegial body, is afforded the benefit of unbiased and |
177 | independent analysis and advice from its professional and |
178 | technical staff, an individual commissioner may not demand or |
179 | require any member of the commission staff, other than the |
180 | commissioner's direct staff, to develop, present, or pursue a |
181 | particular opinion, position, or course of action in relation to |
182 | any substantive matter pending before the commission or a panel |
183 | of commissioners. This paragraph does not prohibit the |
184 | commission, as a collegial body, from directing its staff to |
185 | pursue a course of action consistent with direction provided by |
186 | the collegial body. Further, this paragraph is not intended to |
187 | prohibit an individual commissioner from any otherwise lawful |
188 | communication with commission staff, including any expression of |
189 | opinion, position, or concern regarding a matter within the |
190 | jurisdiction of the commission. A violation of this subsection |
191 | is an act of malfeasance for purposes of ss. 112.3187-112.31895. |
192 | (b) The inspector general of the commission shall receive |
193 | and investigate complaints of violations of this subsection. |
194 | Section 7. Section 350.04, Florida Statutes, is amended to |
195 | read: |
196 | 350.04 Qualifications of commissioners; training and |
197 | continuing education.- |
198 | (1) A commissioner may not, at the time of appointment or |
199 | during his or her term of office: |
200 | (a)(1) Have any financial interest, other than ownership |
201 | of shares in a mutual fund, in any business entity which, either |
202 | directly or indirectly, owns or controls any public utility |
203 | regulated by the commission, in any public utility regulated by |
204 | the commission, or in any business entity which, either directly |
205 | or indirectly, is an affiliate or subsidiary of any public |
206 | utility regulated by the commission. |
207 | (b)(2) Be employed by or engaged in any business activity |
208 | with any business entity which, either directly or indirectly, |
209 | owns or controls any public utility regulated by the commission, |
210 | by any public utility regulated by the commission, or by any |
211 | business entity which, either directly or indirectly, is an |
212 | affiliate or subsidiary of any public utility regulated by the |
213 | commission. |
214 | (2) Before voting on any matter before the commission, |
215 | each person appointed to the commission after July 1, 2011, must |
216 | complete a comprehensive course of study that is developed by |
217 | the commission's executive director and general counsel in |
218 | coordination with the National Association of Regulatory Utility |
219 | Commissioners Subcommittee on Education and Research and that |
220 | addresses the substantive matters within the jurisdiction of the |
221 | commission, administrative law applicable to commission |
222 | proceedings, and standards of conduct applicable to |
223 | commissioners. |
224 | (3) Each commissioner must annually complete no less than |
225 | 10 hours of continuing professional education directly related |
226 | to substantive matters within the jurisdiction of the |
227 | commission. |
228 | (4) At least once every 12 months, each commissioner and |
229 | commission employee must receive training, in a form developed |
230 | by the commission's executive director and general counsel, |
231 | which addresses the ethical standards of conduct applicable to |
232 | commissioners and the commission's staff. |
233 | (5) The chair of the commission shall certify the |
234 | commission's compliance with the requirements provided in this |
235 | section, and each commissioner shall certify his or her |
236 | individual compliance with the continuing professional education |
237 | requirements provided in subsection (3). Each certification of |
238 | compliance shall be provided to the President of the Senate and |
239 | the Speaker of the House of Representatives. |
240 | Section 8. Section 350.041, Florida Statutes, is amended |
241 | to read: |
242 | 350.041 Commissioners; standards of conduct.- |
243 | (1) STATEMENT OF INTENT.- |
244 | (a) Professional, impartial, and honorable commissioners |
245 | are indispensable to the effective performance of the |
246 | commission's duties. A commissioner shall maintain high |
247 | standards of conduct and shall personally observe those |
248 | standards so that the integrity and impartiality of the |
249 | commission may be preserved. The standards of conduct provided |
250 | in this section should be construed and applied to further that |
251 | objective. |
252 | (b) In addition to the provisions of part III of chapter |
253 | 112, which are applicable to public service commissioners by |
254 | virtue of their being public officers and full-time employees of |
255 | the legislative branch of government, the conduct of public |
256 | service commissioners shall be governed by the standards of |
257 | conduct provided in this section. Nothing shall prohibit the |
258 | standards of conduct from being more restrictive than part III |
259 | of chapter 112. Further, this section shall not be construed to |
260 | contravene the restrictions of part III of chapter 112. In the |
261 | event of a conflict between this section and part III of chapter |
262 | 112, the more restrictive provision shall apply. |
263 | (2) STANDARDS OF CONDUCT.- |
264 | (a) A commissioner may not accept anything from any |
265 | business entity which, either directly or indirectly, owns or |
266 | controls any public utility regulated by the commission, from |
267 | any public utility regulated by the commission, or from any |
268 | business entity which, either directly or indirectly, is an |
269 | affiliate or subsidiary of any public utility regulated by the |
270 | commission. A commissioner may attend conferences and associated |
271 | meals and events that are generally available to all conference |
272 | participants without payment of any fees in addition to the |
273 | conference fee. Additionally, while attending a conference, a |
274 | commissioner may attend meetings, meals, or events that are not |
275 | sponsored, in whole or in part, by any representative of any |
276 | public utility regulated by the commission and that are limited |
277 | to commissioners only, committee members, or speakers if the |
278 | commissioner is a member of a committee of the association of |
279 | regulatory agencies that organized the conference or is a |
280 | speaker at the conference. It is not a violation of this |
281 | paragraph for a commissioner to attend a conference for which |
282 | conference participants who are employed by a utility regulated |
283 | by the commission have paid a higher conference registration fee |
284 | than the commissioner, or to attend a meal or event that is |
285 | generally available to all conference participants without |
286 | payment of any fees in addition to the conference fee and that |
287 | is sponsored, in whole or in part, by a utility regulated by the |
288 | commission. If, during the course of an investigation by the |
289 | Commission on Ethics into an alleged violation of this |
290 | paragraph, allegations are made as to the identity of the person |
291 | giving or providing the prohibited gift, that person must be |
292 | given notice and an opportunity to participate in the |
293 | investigation and relevant proceedings to present a defense. If |
294 | the Commission on Ethics determines that the person gave or |
295 | provided a prohibited gift, the person may not appear before the |
296 | commission or otherwise represent anyone before the commission |
297 | for a period of 2 years. |
298 | (b) A commissioner may not accept any form of employment |
299 | with or engage in any business activity with any business entity |
300 | which, either directly or indirectly, owns or controls any |
301 | public utility regulated by the commission, any public utility |
302 | regulated by the commission, or any business entity which, |
303 | either directly or indirectly, is an affiliate or subsidiary of |
304 | any public utility regulated by the commission. |
305 | (c) A commissioner may not have any financial interest, |
306 | other than shares in a mutual fund, in any public utility |
307 | regulated by the commission, in any business entity which, |
308 | either directly or indirectly, owns or controls any public |
309 | utility regulated by the commission, or in any business entity |
310 | which, either directly or indirectly, is an affiliate or |
311 | subsidiary of any public utility regulated by the commission. If |
312 | a commissioner acquires any financial interest prohibited by |
313 | this section during his or her term of office as a result of |
314 | events or actions beyond the commissioner's control, he or she |
315 | shall immediately sell such financial interest or place such |
316 | financial interest in a blind trust at a financial institution. |
317 | A commissioner may not attempt to influence, or exercise any |
318 | control over, decisions regarding the blind trust. |
319 | (d) A commissioner may not accept anything from a party in |
320 | a proceeding currently pending before the commission. If, during |
321 | the course of an investigation by the Commission on Ethics into |
322 | an alleged violation of this paragraph, allegations are made as |
323 | to the identity of the person giving or providing the prohibited |
324 | gift, that person must be given notice and an opportunity to |
325 | participate in the investigation and relevant proceedings to |
326 | present a defense. If the Commission on Ethics determines that |
327 | the person gave or provided a prohibited gift, the person may |
328 | not appear before the commission or otherwise represent anyone |
329 | before the commission for a period of 2 years. |
330 | (e) A commissioner may not serve as the representative of |
331 | any political party or on any executive committee or other |
332 | governing body of a political party; serve as an executive |
333 | officer or employee of any political party, committee, |
334 | organization, or association; receive remuneration for |
335 | activities on behalf of any candidate for public office; engage |
336 | on behalf of any candidate for public office in the solicitation |
337 | of votes or other activities on behalf of such candidacy; or |
338 | become a candidate for election to any public office without |
339 | first resigning from office. |
340 | (f) A commissioner, during his or her term of office, may |
341 | not make any public comment regarding the merits of any |
342 | proceeding under ss. 120.569 and 120.57 currently pending before |
343 | the commission. |
344 | (g) A commissioner may not conduct himself or herself in |
345 | an unprofessional manner at any time during the performance of |
346 | his or her official duties. |
347 | (h) The commission chair shall require order and decorum |
348 | in proceedings before the commission. In the absence of the |
349 | chair, the commissioner presiding over a commission proceeding |
350 | shall require order and decorum in the proceeding. |
351 | (i) A commissioner shall be patient, dignified, and |
352 | courteous to litigants, other commissioners, witnesses, lawyers, |
353 | commission staff, and others with whom the commissioner deals in |
354 | an official capacity. |
355 | (j) A commissioner shall perform his or her official |
356 | duties without bias or prejudice. A commissioner may not, in the |
357 | performance of his or her official duties, by words or conduct |
358 | manifest bias or prejudice. |
359 | (k) A commissioner may not, with respect to parties or |
360 | classes of parties, cases, controversies, or issues likely to |
361 | come before the commission, make pledges, promises, or |
362 | commitments that are inconsistent with the impartial performance |
363 | of the commissioner's official duties. |
364 | (l) A commissioner may not be swayed by partisan |
365 | interests, public clamor, or fear of criticism. |
366 | (m)(h) A commissioner must avoid impropriety in all of his |
367 | or her activities and must act at all times in a manner that |
368 | promotes public confidence in the integrity and impartiality of |
369 | the commission. |
370 | (n)(i) A commissioner may not directly or indirectly, |
371 | through staff or other means, solicit anything of value from any |
372 | public utility regulated by the commission, or from any business |
373 | entity that, whether directly or indirectly, is an affiliate or |
374 | subsidiary of any public utility regulated by the commission, or |
375 | from any party appearing in a proceeding considered by the |
376 | commission in the last 2 years. |
377 | (3) INVESTIGATIONS; REPORTS; ADVISORY OPINIONS.- |
378 | (a) The Commission on Ethics shall accept and investigate |
379 | any alleged violations of this section pursuant to the |
380 | procedures contained in ss. 112.322-112.3241. |
381 | (b) The Commission on Ethics shall provide the Governor |
382 | and the Florida Public Service Commission Nominating Council |
383 | with a report of its findings and recommendations with respect |
384 | to alleged violations by a public service commissioner. The |
385 | Governor is authorized to enforce such the findings and |
386 | recommendations of the Commission on Ethics, pursuant to part |
387 | III of chapter 112. |
388 | (c) A public service commissioner, a commission employee, |
389 | or a member of the Florida Public Service Commission Nominating |
390 | Council may request an advisory opinion from the Commission on |
391 | Ethics, pursuant to s. 112.322(3)(a), regarding the standards of |
392 | conduct or prohibitions set forth in this section and ss. |
393 | 350.031, 350.04, and 350.042. |
394 | Section 9. Section 350.042, Florida Statutes, is amended |
395 | to read: |
396 | 350.042 Ex parte communications.- |
397 | (1) Each A commissioner and member of a commissioner's |
398 | direct staff shall should accord to every person who is a party |
399 | to or registered with the commission as an interested person in |
400 | a proposed agency action proceeding or a party to a proceeding |
401 | under s. 120.565, s. 120.569, or s. 120.57 legally interested in |
402 | a proceeding, or the person's lawyer, full right to be heard |
403 | according to law, and, except as authorized by law, shall not |
404 | neither initiate, solicit, or nor consider ex parte |
405 | communications concerning a pending proposed agency action the |
406 | merits, threat, or offer of reward in any proceeding or a |
407 | proceeding under s. 120.565, s. 120.569, or s. 120.57 other than |
408 | a proceeding under s. 120.54 or s. 120.565, workshops, or |
409 | internal affairs meetings. No individual shall discuss ex parte |
410 | with a commissioner or a member of a commissioner's direct staff |
411 | the merits of any issue that he or she reasonably foresees knows |
412 | will be filed with the commission within 90 days. The provisions |
413 | of this subsection shall not apply to commission staff other |
414 | than members of a commissioner's direct staff. |
415 | (a) As used in this section, the term "ex parte |
416 | communication" means any communication that: |
417 | 1. If it is a written or printed communication or a |
418 | communication in electronic form, is not served on all parties |
419 | to a proceeding; or |
420 | 2. If it is an oral communication, is made without |
421 | adequate notice to the parties and without an opportunity for |
422 | the parties to be present and heard. |
423 | (b) When circumstances require, ex parte communications |
424 | concerning scheduling, administrative purposes, or emergencies |
425 | that do not deal with substantive matters or issues on the |
426 | merits are authorized, if: |
427 | 1. The commissioner or member of a commissioner's direct |
428 | staff reasonably believes that no party will gain a procedural |
429 | or tactical advantage as a result of the ex parte communication; |
430 | and |
431 | 2. The commissioner or member of a commissioner's direct |
432 | staff makes provision promptly to notify all parties of the |
433 | substance of the ex parte communication and, if possible, allows |
434 | all parties an opportunity to respond. |
435 | (2) The provisions of this section shall not prohibit an |
436 | individual residential ratepayer from communicating with a |
437 | commissioner or member of a commissioner's direct staff, |
438 | provided that the ratepayer is representing only himself or |
439 | herself, without compensation. |
440 | (3) This section shall not apply to oral communications or |
441 | discussions in scheduled and noticed open public meetings of |
442 | educational programs or of a conference or other meeting of an |
443 | association of regulatory agencies. |
444 | (4) If a commissioner or member of a commissioner's direct |
445 | staff knowingly receives an ex parte communication prohibited by |
446 | this section relative to a proceeding other than as set forth in |
447 | subsection (1), to which he or she is assigned, he or she must |
448 | place on the record of the proceeding copies of all written |
449 | communications received, all written responses to the |
450 | communications, and a memorandum stating the substance of all |
451 | oral communications received and all oral responses made, and |
452 | shall give written notice to all parties to the communication |
453 | that such matters have been placed on the record. Any party to |
454 | the proceeding who desires to respond to the an ex parte |
455 | communication may do so. The response must be received by the |
456 | commission within 10 days after receiving notice that the ex |
457 | parte communication has been placed on the record. The |
458 | commissioner may, if he or she deems it necessary to eliminate |
459 | the effect of an ex parte communication received by him or her, |
460 | withdraw from the proceeding, in which case the chair shall |
461 | substitute another commissioner for the proceeding. |
462 | (5) Any individual who makes an ex parte communication |
463 | prohibited by this section shall submit to the commission a |
464 | written statement describing the nature of such communication, |
465 | to include the name of the person making the communication, the |
466 | name of each the commissioner or direct staff member of a |
467 | commissioner commissioners receiving the communication, copies |
468 | of all written communications made, all written responses to |
469 | such communications, and a memorandum stating the substance of |
470 | all oral communications received and all oral responses made. |
471 | The commission shall place on the record of a proceeding all |
472 | such communications. |
473 | (6) Any commissioner or member of a commissioner's direct |
474 | staff who knowingly fails to place on the record any ex parte |
475 | communication prohibited by this section such communications, in |
476 | violation of this the section, within 15 days after of the date |
477 | of the such communication is subject to removal or dismissal and |
478 | may be assessed a civil penalty not to exceed $5,000. Any |
479 | individual who knowingly fails to comply with subsection (5) may |
480 | be assessed a civil penalty not to exceed $5,000. |
481 | (7)(a) It is shall be the duty of the Commission on Ethics |
482 | to receive and investigate sworn complaints of violations of |
483 | this section pursuant to the procedures contained in ss. |
484 | 112.322-112.3241. |
485 | (b) If the Commission on Ethics finds that there has been |
486 | a violation of this section by a public service commissioner or |
487 | member of a commissioner's direct staff, it shall provide the |
488 | Governor and the Florida Public Service Commission Nominating |
489 | Council with a report of its findings and recommendations. The |
490 | Governor is authorized to enforce the findings and |
491 | recommendations of the Commission on Ethics, pursuant to part |
492 | III of chapter 112. |
493 | (c) If a commissioner, a member of a commissioner's direct |
494 | staff, or any other individual fails or refuses to pay the |
495 | Commission on Ethics any civil penalties assessed pursuant to |
496 | the provisions of this section, the Commission on Ethics may |
497 | bring an action in any circuit court to enforce the such |
498 | penalty. |
499 | (d) If, during the course of an investigation by the |
500 | Commission on Ethics into an alleged violation of this section, |
501 | allegations are made as to the identity of the person who |
502 | participated in the ex parte communication, that person must be |
503 | given notice and an opportunity to participate in the |
504 | investigation and relevant proceedings to present a defense. If |
505 | the Commission on Ethics determines that the person participated |
506 | in the ex parte communication, the person may not appear before |
507 | the commission or otherwise represent anyone before the |
508 | commission for a period of 2 years. |
509 | Section 10. Subsections (1), (2), and (3) of section |
510 | 350.06, Florida Statutes, are amended to read: |
511 | 350.06 Place of meeting; expenditures; employment of |
512 | personnel; records availability and fees.- |
513 | (1) The offices of the commission said commissioners shall |
514 | be in the vicinity of Tallahassee, but the commissioners may |
515 | hold sessions anywhere in the state at their discretion. |
516 | (2) All sums of money authorized to be paid on account of |
517 | the commission said commissioners shall be paid out of the State |
518 | Treasury only on the order of the Chief Financial Officer. |
519 | (3)(a) The commission shall commissioners may employ an |
520 | executive director, a general counsel, and an inspector general |
521 | clerical, technical, and professional personnel reasonably |
522 | necessary for the performance of their duties and may also |
523 | employ one or more persons capable of stenographic court |
524 | reporting, to be known as the official reporters of the |
525 | commission. The executive director shall serve as the agency |
526 | head for the purposes of chapters 110, 112, 216, 282, and 287. |
527 | Selection of the executive director shall be subject to |
528 | confirmation by the Senate. Until such time as the Senate |
529 | confirms the selection of the executive director, the individual |
530 | selected shall perform the functions of the position. If the |
531 | Senate refuses to confirm or fails to consider the selection |
532 | during its next regular session, the commission shall, within 30 |
533 | days, select another individual for Senate confirmation. This |
534 | process shall continue until the Senate has confirmed a |
535 | selection. In case of a vacancy in the position of executive |
536 | director, the commission shall select a new executive director |
537 | in the same manner as the original selection. |
538 | (b) Each commissioner may employ a chief advisor and an |
539 | executive assistant to serve as the direct staff of the |
540 | commissioner. |
541 | (c) Notwithstanding any other provision of law, the |
542 | executive director shall employ clerical, technical, and |
543 | professional personnel reasonably necessary to assist the |
544 | commission in the performance of its duties and may employ one |
545 | or more persons capable of stenographic court reporting to be |
546 | known as the official reporters of the commission. The executive |
547 | director shall have sole authority with respect to employment, |
548 | compensation, supervision, and direction of agency personnel |
549 | other than those personnel employed by the commission and |
550 | individual commissioners under paragraphs (a) and (b). |
551 | (d) The general counsel shall, in consultation with the |
552 | executive director, employ attorneys, paralegals, legal |
553 | secretaries, and other personnel reasonably necessary to assist |
554 | the commission in the performance of its duties. |
555 | Section 11. Subsection (1) of section 350.061, Florida |
556 | Statutes, is amended to read: |
557 | 350.061 Public Counsel; appointment; oath; restrictions on |
558 | Public Counsel and his or her employees.- |
559 | (1) The Attorney General Committee on Public Counsel |
560 | Oversight shall appoint a Public Counsel by majority vote of the |
561 | members of the committee to represent the general public of |
562 | Florida before the Florida Public Service Commission. The Public |
563 | Counsel shall be an attorney admitted to practice before the |
564 | Florida Supreme Court and shall serve at the pleasure of the |
565 | Attorney General Committee on Public Counsel Oversight, subject |
566 | to biennial reconfirmation by the committee. The Public Counsel |
567 | shall perform his or her duties independently. Vacancies in the |
568 | office shall be filled in the same manner as the original |
569 | appointment. |
570 | Section 12. Section 350.0613, Florida Statutes, is amended |
571 | to read: |
572 | 350.0613 Public Counsel; employees; receipt of pleadings.- |
573 | The Attorney General committee may authorize the Public Counsel |
574 | to employ clerical and technical assistants whose |
575 | qualifications, duties, and responsibilities the Attorney |
576 | General committee shall from time to time prescribe. The |
577 | Attorney General committee may from time to time authorize |
578 | retention of the services of additional attorneys or experts to |
579 | the extent that the best interests of the people of the state |
580 | will be better served thereby, including the retention of expert |
581 | witnesses and other technical personnel for participation in |
582 | contested proceedings before the commission. The commission |
583 | shall furnish the Public Counsel with copies of the initial |
584 | pleadings in all proceedings before the commission, and if the |
585 | Public Counsel intervenes as a party in any proceeding he or she |
586 | shall be served with copies of all subsequent pleadings, |
587 | exhibits, and prepared testimony, if used. Upon filing notice of |
588 | intervention, the Public Counsel shall serve all interested |
589 | parties with copies of such notice and all of his or her |
590 | subsequent pleadings and exhibits. |
591 | Section 13. Section 350.0614, Florida Statutes, is amended |
592 | to read: |
593 | 350.0614 Public Counsel; compensation and expenses.- |
594 | (1) The salaries and expenses of the Public Counsel and |
595 | his or her employees shall be allocated by the Attorney General |
596 | committee only from moneys appropriated to the Public Counsel by |
597 | the Legislature. |
598 | (2) The Legislature declares and determines that the |
599 | Public Counsel is under the legislative branch of government |
600 | within the intention of the legislation as expressed in chapter |
601 | 216, and no power shall be in the Executive Office of the |
602 | Governor or its successor to release or withhold funds |
603 | appropriated to it, but the same shall be available for |
604 | expenditure as provided by law and the rules or decisions of the |
605 | Committee on Public Counsel Oversight. |
606 | (3) Neither the Executive Office of the Governor nor the |
607 | Department of Management Services or its successor shall have |
608 | power to determine the number, or fix the compensation, of the |
609 | employees of the Public Counsel or to exercise any manner of |
610 | control over them. |
611 | Section 14. (1) All powers, duties, functions, records, |
612 | offices, personnel, property, pending issues, and existing |
613 | contracts, administrative authority, administrative rules, and |
614 | unexpended balances of appropriations, allocations, and other |
615 | funds relating to the Office of Public Counsel pursuant to s. |
616 | 350.061, Florida Statutes, are transferred by a type two |
617 | transfer, as defined in s. 20.06(2), Florida Statutes, from the |
618 | Legislature to the Office of the Attorney General. The Office of |
619 | Public Counsel shall be funded from the General Revenue Fund. |
620 | (2) Notwithstanding ss. 216.292 and 216.351, Florida |
621 | Statutes, upon approval by the Legislative Budget Commission, |
622 | the Executive Office of the Governor shall transfer funds and |
623 | positions between the Legislature and the Office of the Attorney |
624 | General to implement this act. |
625 | Section 15. Section 350.121, Florida Statutes, is |
626 | repealed. |
627 | Section 16. Section 350.122, Florida Statutes, is created |
628 | to read: |
629 | 350.122 Testimony; public disclosure of affiliation.- |
630 | (1) Each person offering testimony at a meeting, workshop, |
631 | hearing, or other scheduled event of the commission shall |
632 | disclose any financial or fiduciary relationship with any party |
633 | to the proceedings at the time the testimony is provided to the |
634 | commission. |
635 | (2) The determination by the commission that a person has |
636 | knowingly violated this section constitutes agency action for |
637 | which a hearing may be sought under chapter 120. |
638 | Section 17. This act shall take effect July 1, 2011. |