Bill Text: FL S1084 | 2010 | Regular Session | Introduced

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Bill Title: Testimony before the Public Service Commission [EPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Communications, Energy, and Public Utilities [S1084 Detail]

Download: Florida-2010-S1084-Introduced.html

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Florida Senate - 2010                                    SB 1084 
 
By Senator Fasano 
11-00639C-10                                          20101084__ 
1                        A bill to be entitled 
2         An act relating to testimony before the Public Service 
3         Commission; creating s. 350.122, F.S.; requiring each 
4         person offering testimony at a meeting, workshop, 
5         hearing, or other scheduled event of the Public 
6         Service Commission to disclose any financial or 
7         fiduciary relationship with any public utility; 
8         requiring such disclosures to be filed in writing with 
9         the office of the commission and with the office of 
10         the Public Counsel before testimony is provided to the 
11         commission; providing a penalty for failure to make 
12         such disclosure; providing procedures for a petition 
13         for a hearing to review the penalty; providing an 
14         effective date. 
15 
16  Be It Enacted by the Legislature of the State of Florida: 
17 
18         Section 1. Section 350.122, Florida Statutes, is created to 
19  read: 
20         350.122 Testimony; public disclosure of affiliation.— 
21         (1) Each person offering testimony at a meeting, workshop, 
22  hearing, or other scheduled event of the Public Service 
23  Commission shall disclose any financial or fiduciary 
24  relationship with any public utility, as defined in s. 366.02, 
25  at the time the testimony is provided to the commission and as 
26  required by subsection (2). Such disclosure shall include: 
27         (a) Any charitable contribution made by any public utility 
28  to any organization represented by the person testifying. 
29         (b) Positions of governance that are held by an employee of 
30  any public utility within the organization represented by the 
31  person testifying. 
32         (c) Any gifts as defined in chapter 112 received from any 
33  public utility, or from any business entity which, directly or 
34  indirectly, is an affiliate or subsidiary of any public utility 
35  regulated by the commission. 
36         (2) Disclosures required under subsection (1) shall also be 
37  filed in writing with the office of the clerk of the commission 
38  and with the office of the Public Counsel before the testimony 
39  is provided to the commission. 
40         (3) Any person who knowingly violates this section, as 
41  determined by and issued in a final order of the commission, may 
42  not offer testimony to or appear before the commission or 
43  otherwise represent anyone before the commission for a period of 
44  2 years. 
45         (4) The determination by the commission that a person has 
46  knowingly violated this section shall be agency action under 
47  chapter 120. Any petition for a hearing under chapter 120 must 
48  be filed by the person with the Division of Administrative 
49  Hearings within 30 days after the order under subsection (3) is 
50  filed with the clerk of the commission. In such case, the person 
51  shall, within the 30-day period, notify the clerk of the 
52  commission of his or her intention to request a hearing. 
53         Section 2. This act shall take effect July 1, 2010.