Florida Senate - 2011 SJR 804
By Senator Fasano
11-00908A-11 2011804__
1 Senate Joint Resolution
2 A joint resolution proposing the creation of Section
3 14 of Article IV and Section 32 of Article XII of the
4 State Constitution, providing for an elected, five
5 member Public Service Commission within the executive
6 branch and prohibiting candidates for election to the
7 commission from accepting contributions from
8 employees, lobbyists, officers, directors, or agents
9 of any utility or entity regulated by the commission,
10 affiliates of regulated utilities or entities,
11 business entities, law firms, and trade associations
12 under certain circumstances.
13
14 Be It Resolved by the Legislature of the State of Florida:
15
16 That the following creation of Section 14 of Article IV and
17 Section 32 of Article XII of the State Constitution is agreed to
18 and shall be submitted to the electors of this state for
19 approval or rejection at the next general election or at an
20 earlier special election specifically authorized by law for that
21 purpose:
22 ARTICLE IV
23 EXECUTIVE
24 SECTION 14. Public service commission.—
25 (a) There shall be an elected public service commission
26 consisting of five members. The qualifications, compensation,
27 and residency requirements for members of the commission and the
28 powers and duties of the commission shall be provided by general
29 law.
30 (b) A candidate for election to a seat on the commission
31 may not accept contributions from any employee, lobbyist,
32 officer, director, or agent of:
33 (1) A business entity that, directly or indirectly, owns or
34 controls a public utility regulated by the commission.
35 (2) A public utility or company regulated by the
36 commission.
37 (3) A business entity that, directly or indirectly, is an
38 affiliate or subsidiary of a public utility regulated by the
39 commission.
40 (4) A business entity that is exempt from regulation by the
41 commission but is an actual business competitor of a local
42 exchange company or public utility regulated by the commission.
43 (5) A business entity or trade association that has been a
44 party to a commission proceeding within the two years preceding
45 the date of the contribution.
46 (6) An attorney or the law firm of an attorney that has
47 represented a party to a commission proceeding within the two
48 years preceding the date of the contribution.
49 (7) A business entity or trade association directly or
50 indirectly funded by a public utility or company regulated by
51 the commission or a direct or indirect affiliate of a public
52 utility or company regulated by the commission.
53 ARTICLE XII
54 SCHEDULE
55 SECTION 32. Public service commission.—Section 14 of
56 Article IV and this section shall take effect January 8, 2013,
57 but shall govern with respect to the qualifying for and the
58 holding of primary elections in 2012.
59 BE IT FURTHER RESOLVED that the following statement be
60 placed on the ballot:
61 CONSTITUTIONAL AMENDMENTS
62 ARTICLE IV, SECTION 14
63 ARTICLE XII, SECTION 32
64 ELECTION OF MEMBERS OF THE PUBLIC SERVICE COMMISSION.
65 Proposing amendments to the State Constitution to provide for an
66 elected, five-member Public Service Commission within the
67 executive branch. Under the proposed amendments, the Public
68 Service Commission would consist of five members who are elected
69 by the people rather than appointed by the Governor, and the
70 commission would be a part of the executive branch of state
71 government rather than the legislative branch. A candidate for
72 election to a seat on the commission would be prohibited from
73 accepting contributions from employees, lobbyists, officers,
74 directors, or agents of: any utility or entity regulated by the
75 commission, affiliates of regulated utilities or entities,
76 business entities, certain attorneys and law firms, and trade
77 associations under certain circumstances. Each of the five seats
78 on the commission would be subject to a vote of the electors in
79 2012.