Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. SB 288
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/18/2015 .
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The Committee on Communications, Energy, and Public Utilities
(Bradley) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 118 - 146
4 and insert:
5 350.042 Ex parte communications.—
6 (1) A commissioner should accord to every person who is
7 legally interested in a proceeding, or the person’s lawyer, full
8 right to be heard according to law, and, except as authorized by
9 law, shall neither initiate nor consider ex parte communications
10 concerning the merits, threat, or offer of reward in any
11 proceeding under s. 120.569 or s. 120.57 which is currently
12 pending before the commission or which he or she knows or
13 reasonably expects will be filed with the commission within 180
14 days after the date of any such communication, other than a
15 proceeding under s. 120.54 or s. 120.565, workshops, or internal
16 affairs meetings. An No individual may not shall discuss ex
17 parte with a commissioner the merits of any issue that he or she
18 knows will be filed with the commission within 180 90 days. The
19 provisions of This subsection does shall not apply to commission
20 staff.
21 (3)(a) The Legislature finds that it is important to have
22 commissioners who are educated and informed on regulatory
23 policies and developments in science, technology, business
24 management, finance, law, and public policy which are associated
25 with the industries that the commissioners regulate, and the
26 Legislature also finds that it is in the public interest for
27 commissioners to become educated and informed on these matters
28 through active participation in meetings that are scheduled by
29 the sponsoring organization, such as sessions, programs, or
30 conferences, which are duly noticed and open to the public.
31 (b) As used in this subsection, the term “active
32 participation” or the term “participating in” includes, but is
33 not limited to, attending or speaking at educational sessions,
34 participating in organization governance by attending meetings,
35 serving on committees, or in leadership positions, participating
36 in panel discussions, and attending meals and receptions
37 associated with such events that are open to all attendees.
38 (c) The prohibition in subsection (1) remains in effect at
39 all times at such meetings wherever located. While participating
40 in such meetings, a commissioner shall:
41 1. Refrain from commenting on or discussing the subject
42 matter of any proceeding under s. 120.569 or s. 120.57 which is
43 currently pending before the commission or which he or she knows
44 or reasonably expects will be filed with the commission within
45 180 days after the meeting; and
46 2. Use reasonable care to ensure that the content of the
47 educational session or other session in which the commissioner
48 participates is not designed to address or create a forum to
49 influence the commissioner on the subject matter of any
50 proceeding under s. 120.569 or s. 120.57 which is currently
51 pending before the commission or which he or she knows or
52 reasonably expects will be filed with the commission within 180
53 days after the meeting This section shall not apply to oral
54 communications or discussions in scheduled and noticed open
55 public meetings of educational programs or of a conference or
56 other meeting of an association of regulatory agencies.
57 (7)
58 (b) If the Commission on Ethics finds that there has been a
59 violation of this section by a public service commissioner, it
60 shall provide the Governor and the Florida Public Service
61 Commission Nominating Council with a report of its findings and
62 recommendations. The Governor shall remove from office a
63 commissioner who willfully and knowingly violates this section
64 and is authorized to enforce the findings and recommendations of
65 the Commission on Ethics, pursuant to part III of chapter 112.
66
67 ================= T I T L E A M E N D M E N T ================
68 And the title is amended as follows:
69 Delete lines 15 - 26
70 and insert:
71 350.042, F.S.; revising the prohibition against ex
72 parte communication to apply to any matter that a
73 commissioner knows or reasonably expects will be filed
74 within a certain timeframe; providing legislative
75 intent; defining terms; applying the prohibition
76 against ex parte communications to specified meetings;
77 requiring the Governor to remove from office any
78 commissioner found to have willfully and knowingly
79 violated the ex parte communications