Bill Text: FL S0804 | 2011 | Regular Session | Introduced

Florida Senate Joint Resolution 804 (Prior Session Legislation)

Introduced

Bill Title: Election of Public Service Commission Members

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0804 Detail]

Download: Florida-2011-S0804-Introduced.html

       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.