Bill Text: FL H0565 | 2010 | Regular Session | Introduced
Bill Title: Public Service Commission
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Energy & Utilities Policy (GGPC) [H0565 Detail]
Download: Florida-2010-H0565-Introduced.html
HB 565 |
1 | |
2 | An act relating to the Public Service Commission; amending |
3 | s. 350.042, F.S.; revising provisions relating to ex parte |
4 | communications; eliminating an exemption from certain |
5 | prohibitions provided for commission staff; requiring that |
6 | communications between a commissioner or commission staff |
7 | and a representative of a utility be made available to the |
8 | public and advance notice be provided to the Public |
9 | Counsel; providing penalties for commission staff who fail |
10 | to report certain communications; amending s. 350.0605, |
11 | F.S.; prohibiting former commissioners and employees of |
12 | the Public Service Commission from lobbying the |
13 | legislative or executive branch of state government for 2 |
14 | years after termination of service or employment with the |
15 | commission; prohibiting any former employee of the |
16 | commission from appearing before the commission |
17 | representing any client or industry regulated by the |
18 | commission for 2 years after termination of employment |
19 | with the commission; providing that such prohibitions |
20 | apply to commissioners and employees who are appointed or |
21 | reappointed or terminate their employment with the |
22 | commission on or after a specified date; prohibiting a |
23 | former commissioner or commission staff member from |
24 | accepting employment by or compensation from certain |
25 | entities regulated by the commission for a period of 2 |
26 | years after termination of employment with the commission; |
27 | providing that the prohibition apply to former |
28 | commissioners and commission staff members who terminate |
29 | their employment with the commission on or after a |
30 | specified date; amending ss. 364.183, 366.093, 367.156, |
31 | and 368.108, F.S., relating to provisions governing access |
32 | to telecommunications company and public utility records |
33 | by the commission; providing for the Public Counsel to |
34 | have access to such records; providing an effective date. |
35 | |
36 | Be It Enacted by the Legislature of the State of Florida: |
37 | |
38 | Section 1. Section 350.042, Florida Statutes, is amended |
39 | to read: |
40 | 350.042 Ex parte communications.- |
41 | (1) A commissioner and commission staff shall afford |
42 | |
43 | proceeding, or the person's lawyer, the full right to be heard |
44 | according to law, and, except as authorized in this section |
45 | |
46 | communications |
47 | in any proceeding other than a proceeding under s. 120.54 or s. |
48 | 120.565, workshops, or internal affairs meetings. An |
49 | individual shall not discuss ex parte with a commissioner or |
50 | commission staff the merits of any issue that he or she knows |
51 | will be filed with the commission within 90 days after the date |
52 | of the discussion. |
53 | |
54 | (2)(a) Any oral or written communication between a |
55 | commissioner or commission staff and a representative of a |
56 | utility regulated by the commission must be made available to |
57 | the public. Such oral or written communication requires advanced |
58 | notification to the Public Counsel. |
59 | (b) The commission shall send a copy of any written |
60 | communication to the Public Counsel on the same day that the |
61 | communication is received by the commission. |
62 | (c) The commission shall prepare a written summary of any |
63 | communication related to a documented emergency or a |
64 | communication related to a brief, unscheduled follow-up to a |
65 | previously scheduled meeting or previously scheduled telephone |
66 | conference call. The commission shall provide such summary to |
67 | the Public Counsel no later than 10 working days after the |
68 | communication occurred. |
69 | (d) A commissioner or commission staff shall notify the |
70 | Public Counsel in writing at least 5 working days before any |
71 | meeting, telephone conference call, or written communication |
72 | between the commissioner or commission staff and a |
73 | representative of a regulated utility. The Public Counsel may |
74 | participate in the meeting, telephone conference call, or |
75 | written communication for the purpose of questioning or directly |
76 | responding to the communication. |
77 | (e) This subsection does not apply to commission staff or |
78 | representatives of a regulated utility who are required to |
79 | initiate or receive brief, unscheduled communications for the |
80 | purpose of obtaining additional information that may be needed |
81 | after the completion of an audit. |
82 | (3) |
83 | an individual |
84 | commissioner or commission staff if |
85 | is representing only himself or herself, without compensation. |
86 | (4) |
87 | or discussions in scheduled and noticed open public meetings of |
88 | educational programs or of a conference or other meeting of an |
89 | association of regulatory agencies. |
90 | (5) |
91 | knowingly receives an ex parte communication relative to a |
92 | proceeding other than as set forth in subsection (1), to which |
93 | he or she is assigned, he or she must place on the record of the |
94 | proceeding copies of all written communications received, all |
95 | written responses to the communications, and a memorandum |
96 | stating the substance of all oral communications received and |
97 | all oral responses made. The commissioner or commission staff |
98 | member |
99 | communication that such matters have been placed on the record. |
100 | Any party who desires to respond to an ex parte communication |
101 | may do so. The response must be received by the commission |
102 | within 10 days after receiving notice that the ex parte |
103 | communication has been placed on the record. The commissioner |
104 | may, if he or she deems it necessary to eliminate the effect of |
105 | an ex parte communication received by him or her, withdraw from |
106 | the proceeding, in which case the chair shall substitute another |
107 | commissioner for the proceeding. |
108 | (6) |
109 | shall submit to the commission a written statement describing |
110 | the nature of the |
111 | person making the communication, the name of each |
112 | commissioner or commission staff member |
113 | the communication, copies of all written communications made, |
114 | all written responses to such communications, and a memorandum |
115 | stating the substance of all oral communications received and |
116 | all oral responses made. The commission shall place on the |
117 | record of a proceeding all such communications. |
118 | (7) |
119 | knowingly fails to place on the record any such communications, |
120 | in violation of the section, within 15 days after |
121 | the |
122 | may be assessed a civil penalty not to exceed $5,000. |
123 | (8) |
124 | Ethics to receive and investigate sworn complaints of violations |
125 | of this section pursuant to the procedures contained in ss. |
126 | 112.322-112.3241. |
127 | (b) If the Commission on Ethics finds that there has been |
128 | a violation of this section by a public service commissioner or |
129 | commission staff, it shall provide the Governor and the Florida |
130 | Public Service Commission Nominating Council with a report of |
131 | its findings and recommendations. The Governor may |
132 | |
133 | Ethics |
134 | (c) If a commissioner or commission staff fails or refuses |
135 | to pay the Commission on Ethics any civil penalties assessed |
136 | pursuant to the provisions of this section, the Commission on |
137 | Ethics may bring an action in any circuit court to enforce such |
138 | penalty. |
139 | (d) If, during the course of an investigation by the |
140 | Commission on Ethics into an alleged violation of this section, |
141 | allegations are made as to the identity of the person who |
142 | participated in the ex parte communication, that person must be |
143 | given notice and an opportunity to participate in the |
144 | investigation and relevant proceedings to present a defense. If |
145 | the Commission on Ethics determines that the person participated |
146 | in the ex parte communication, the person may not appear before |
147 | the commission or otherwise represent anyone before the |
148 | commission for a period of 2 years. |
149 | Section 2. Section 350.0605, Florida Statutes, is amended |
150 | to read: |
151 | 350.0605 Former commissioners and employees; |
152 | representation of clients or industry before commission; |
153 | lobbying the legislative or executive branch.- |
154 | (1)(a) Any former commissioner of the Public Service |
155 | Commission is prohibited from appearing before the commission |
156 | representing any client or any industry regulated by the Public |
157 | Service Commission for a period of 2 years following his or her |
158 | termination of service on the commission. |
159 | (b) Any former commissioner of the Public Service |
160 | Commission is prohibited from lobbying the legislative or |
161 | executive branch of state government for a period of 2 years |
162 | following his or her termination of service on the commission. |
163 | This subsection applies only to commissioners who are appointed |
164 | or reappointed on or after July 1, 2010. |
165 | (2) Any former employee of the Public Service Commission |
166 | is prohibited from appearing before the commission representing |
167 | any client or industry regulated by the Public Service |
168 | Commission, or from lobbying the legislative or executive branch |
169 | of state government, for a period of 2 years following his or |
170 | her termination of employment with the commission. This |
171 | subsection applies only to employees of the commission who |
172 | terminate their employment with the commission on or after July |
173 | 1, 2010. |
174 | |
175 | |
176 | |
177 | |
178 | (3) For a period of 2 years following termination of |
179 | employment with the commission, a former commissioner or |
180 | commission staff member may not accept employment by or |
181 | compensation from a business entity that, directly or |
182 | indirectly, owns or controls a public utility regulated by the |
183 | commission, from a public utility regulated by the commission, |
184 | from a business entity that, directly or indirectly, is an |
185 | affiliate or subsidiary of a public utility regulated by the |
186 | commission or is an actual business competitor of a local |
187 | exchange company or public utility regulated by the commission |
188 | and is otherwise exempt from regulation by the commission under |
189 | ss. 364.02(14) and 366.02(1), or from a business entity or trade |
190 | association that has been a party to a commission proceeding |
191 | within the 2 years preceding the former commissioner or |
192 | commission staff member's termination of employment with the |
193 | commission. This subsection applies only to former commissioners |
194 | or commission staff members who terminate their employment with |
195 | the commission on or after July 1, 2010. |
196 | |
197 | |
198 | |
199 | |
200 | |
201 | |
202 | |
203 | |
204 | |
205 | |
206 | |
207 | |
208 | |
209 | |
210 | |
211 | |
212 | Section 3. Subsection (1) of section 364.183, Florida |
213 | Statutes, is amended to read: |
214 | 364.183 Access to company records.- |
215 | (1) The commission and Public Counsel shall have access to |
216 | all records of a telecommunications company which |
217 | reasonably necessary for the disposition of matters within the |
218 | commission's jurisdiction. The commission and Public Counsel |
219 | shall also have access to those records of a local exchange |
220 | telecommunications company's affiliated companies, including its |
221 | parent company, which |
222 | disposition of any matter concerning an affiliated transaction |
223 | or a claim of anticompetitive behavior, including claims of |
224 | cross-subsidization and predatory pricing. The commission or |
225 | Public Counsel may require a telecommunications company to file |
226 | records, reports, or other data directly related to matters |
227 | within the commission's jurisdiction in the form specified by |
228 | the commission or Public Counsel and may require such company to |
229 | retain such information for a designated period of time. Upon |
230 | request of the company or other person, any records received by |
231 | the commission or Public Counsel which are claimed by the |
232 | company or other person to be proprietary confidential business |
233 | information shall be kept confidential and shall be exempt from |
234 | s. 119.07(1) and s. 24(a), Art. I of the State Constitution. |
235 | Section 4. Subsection (1) of section 366.093, Florida |
236 | Statutes, is amended to read: |
237 | 366.093 Public utility records; confidentiality.- |
238 | (1) The commission and Public Counsel shall continue to |
239 | have reasonable access to all public utility records and records |
240 | of the utility's affiliated companies, including its parent |
241 | company, regarding transactions or cost allocations among the |
242 | utility and such affiliated companies, and such records |
243 | necessary to ensure that a utility's ratepayers do not subsidize |
244 | nonutility activities. Upon request of the public utility or |
245 | other person, any records received by the commission or Public |
246 | Counsel which are shown and found by the commission or Public |
247 | Counsel to be proprietary confidential business information |
248 | shall be kept confidential and shall be exempt from s. |
249 | 119.07(1). |
250 | Section 5. Subsection (1) of section 367.156, Florida |
251 | Statutes, is amended to read: |
252 | 367.156 Public utility records; confidentiality.- |
253 | (1) The commission and Public Counsel shall continue to |
254 | have reasonable access to all utility records and records of |
255 | affiliated companies, including its parent company, regarding |
256 | transactions or cost allocations among the utility and such |
257 | affiliated companies, and such records necessary to ensure that |
258 | a utility's ratepayers do not subsidize nonutility activities. |
259 | Upon request of the utility or any other person, any records |
260 | received by the commission or Public Counsel which are shown and |
261 | found by the commission or Public Counsel to be proprietary |
262 | confidential business information shall be kept confidential and |
263 | shall be exempt from s. 119.07(1). |
264 | Section 6. Subsection (1) of section 368.108, Florida |
265 | Statutes, is amended to read: |
266 | 368.108 Confidentiality; discovery.- |
267 | (1) The commission and Public Counsel shall continue to |
268 | have reasonable access to all natural gas transmission company |
269 | records and records of the natural gas transmission company's |
270 | affiliated companies, including its parent company, regarding |
271 | transactions or cost allocations among the natural gas |
272 | transmission company and such affiliated companies, and such |
273 | records necessary to ensure that a natural gas transmission |
274 | company's ratepayers do not subsidize unregulated activities. |
275 | Upon request of the natural gas transmission company or other |
276 | person, any records received by the commission or Public Counsel |
277 | which are shown and found by the commission or Public Counsel to |
278 | be proprietary confidential business information shall be |
279 | confidential and exempt from s. 119.07(1). |
280 | Section 7. This act shall take effect July 1, 2010. |
CODING: Words |