Bill Text: FL H7209 | 2010 | Regular Session | Engrossed

---

Bill Title: Reorganization of the Public Service Commission

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2010-04-30 - Died on Calendar [H7209 Detail]

Download: Florida-2010-H7209-Engrossed.html

---

CS/CS/HB 7209

1	A bill to be entitled
2	An act relating to reorganization of the Public Service
3	Commission; amending s. 350.001, F.S.; revising
4	legislative intent; amending s. 350.031, F.S.; revising
5	requirements for nomination by the Public Service
6	Commission Nominating Council for appointment to the
7	commission; requiring at least one commissioner to be a
8	certified accountant practicing in the state; creating s.
9	350.035, F.S.; prohibiting attempts by certain persons to
10	sway the judgment of commissioners; providing for the
11	Commission on Ethics to receive and investigate complaints
12	of violations pursuant to specified procedures;
13	prohibiting commissioners from requiring or demanding that
14	certain commission staff pursue particular positions or
15	courses of action; requiring the inspector general of the
16	commission to investigate complaints of violations;
17	amending s. 350.04, F.S.; providing requirements for
18	nomination by the Public Service Commission Nominating
19	Council for appointment to the commission; requiring
20	commissioners to complete a course of study developed by
21	the executive director and general counsel; requiring
22	commissioners to complete continuing education; providing
23	training requirements for commissioners and commission
24	employees; requiring certifications of compliance to be
25	provided to the Legislature; amending s. 350.041, F.S.;
26	revising legislative intent; revising standards of conduct
27	for commissioners; revising provisions for investigation
28	and reports by the Commission on Ethics of alleged
29	violations; authorizing commission employees to request
30	opinions from the Commission on Ethics; amending s.
31	350.042, F.S.; revising provisions for communications
32	concerning agency action proceedings and proceedings under
33	specified provisions; providing for application of such
34	provisions to members of a commissioner's direct staff;
35	revising restrictions on such communications by
36	commissioners and their direct staff; defining the term
37	"ex parte communication"; providing a civil penalty;
38	amending s. 350.06, F.S.; revising provisions for the
39	offices of the commission, payment of moneys, and
40	employment of personnel; creating s. 350.122, F.S.;
41	requiring persons testifying before the Public Service
42	Commission to disclose certain financial and fiduciary
43	relationships; providing that a determination by the
44	commission that a violation occurred constitutes agency
45	action for which a hearing may be sought; providing
46	legislative intent to evaluate and study the structure and
47	processes of the Public Service Commission; providing an
48	effective date.
49
50	Be It Enacted by the Legislature of the State of Florida:
51
52	Section 1. Section 350.001, Florida Statutes, is amended
53	to read:
54	350.001 Legislative intent.-
55	(1) The Florida Public Service Commission has been and
56	shall continue to be an arm of the legislative branch of
57	government. In the exercise of its jurisdiction, the commission
58	shall neither establish nor implement any regulatory policy that
59	is contrary to, or is an expansion of, the authority granted to
60	it by the Legislature.
61	(2) The Public Service Commission shall perform its duties
62	independently, impartially, professionally, honorably, and
63	without undue influence from any person.
64	(3) It is the desire of the Legislature that the Governor
65	participate in the appointment process of commissioners to the
66	Public Service Commission. The Legislature accordingly delegates
67	to the Governor a limited authority with respect to the Public
68	Service Commission by authorizing him or her to participate in
69	the selection of members only in the manner prescribed by s.
70	350.031.
71	Section 2. Paragraphs (b) and (d) of subsection (1) and
72	subsection (5) of section 350.031, Florida Statutes, are amended
73	to read:
74	350.031 Florida Public Service Commission Nominating
75	Council.-
76	(1)
77	(b) All terms shall be for 4 years except those members of
78	the House and Senate, who shall serve 2-year terms concurrent
79	with the 2-year elected terms of House members. All terms of the
80	members of the Public Service Commission Nominating Council
81	existing on June 30, 2008, shall terminate upon the effective
82	date of this act; however, such members may serve an additional
83	term if reappointed by the Speaker of the House of
84	Representatives or the President of the Senate. To establish
85	staggered terms, appointments of members shall be made for
86	initial terms to begin on July 1, 2008, with each appointing
87	officer to appoint three legislator members, one of whom shall
88	be a member of the minority party, to terms through the
89	remainder of the 2-year elected terms of House members; one
90	nonlegislator member to a 6-month term; one nonlegislator member
91	to an 18-month term; and one nonlegislator member to a 42-month
92	term. Thereafter, the terms of the nonlegislator members of the
93	Public Service Commission Nominating Council shall begin on
94	January 2 of the year the term commences and end 4 years later
95	on January 1.
96	(d) Vacancies on the council shall be filled for the
97	unexpired portion of the term in the same manner as original
98	appointments to the council. A member may not be reappointed to
99	the council, except for a member of the House of Representatives
100	or the Senate who may be appointed to two 2-year terms, members
101	who are reappointed pursuant to paragraph (b), or a person who
102	is appointed to fill the remaining portion of an unexpired term.
103	(5) A person may not be nominated to the Governor for
104	appointment to the Public Service Commission until the council
105	has determined that the person satisfies the qualifications set
106	forth in s. 350.04 is competent and knowledgeable in one or more
107	fields, which shall include, but not be limited to: public
108	affairs, law, economics, accounting, engineering, finance,
109	natural resource conservation, energy, or another field
110	substantially related to the duties and functions of the
111	commission. The commission shall fairly represent the above-
112	stated fields identified in s. 350.04(2); however, at least one
113	commissioner shall be an accountant certified under the Public
114	Accountancy Law in this state and practicing in this state.
115	Recommendations of the council shall be nonpartisan.
116	Section 3. Section 350.035, Florida Statutes, is created
117	to read:
118	350.035 Prohibited influence on commissioners and
119	commission staff.-
120	(1)(a) Neither the Governor, the President of the Senate,
121	the Speaker of the House of Representatives, nor a member of the
122	Public Service Commission Nominating Council shall attempt to
123	sway the independent judgment of the commission by bringing
124	pressure to bear upon a commissioner or commission employee
125	through that person's role in the nomination, appointment, or
126	confirmation of commissioners.
127	(b) The Commission on Ethics shall receive and investigate
128	sworn complaints of violations of this subsection pursuant to
129	ss. 112.322-112.3241.
130	(2)(a) To ensure that each commissioner, as a member of a
131	collegial body, is afforded the benefit of unbiased and
132	independent analysis and advice from its professional and
133	technical staff, an individual commissioner may not demand or
134	require any member of the commission staff, other than the
135	commissioner's direct staff, to develop, present, or pursue a
136	particular opinion, position, or course of action in relation to
137	any substantive matter pending before the commission or a panel
138	of commissioners. This paragraph does not prohibit the
139	commission, as a collegial body, from directing its staff to
140	pursue a course of action consistent with direction provided by
141	the collegial body. Further, this paragraph is not intended to
142	prohibit an individual commissioner from any otherwise lawful
143	communication with commission staff, including any expression of
144	opinion, position, or concern regarding a matter within the
145	jurisdiction of the commission. A violation of this subsection
146	is an act of malfeasance for purposes of ss. 112.3187-112.31895.
147	(b) The inspector general of the commission shall receive
148	and investigate complaints of violations of this subsection.
149	Section 4. Section 350.04, Florida Statutes, is amended to
150	read:
151	350.04 Qualifications of commissioners; training and
152	continuing education.-
153	(1) A commissioner may not, at the time of appointment or
154	during his or her term of office:
155	(a)(1) Have any financial interest, other than ownership
156	of shares in a mutual fund, in any business entity which, either
157	directly or indirectly, owns or controls any public utility
158	regulated by the commission, in any public utility regulated by
159	the commission, or in any business entity which, either directly
160	or indirectly, is an affiliate or subsidiary of any public
161	utility regulated by the commission.
162	(b)(2) Be employed by or engaged in any business activity
163	with any business entity which, either directly or indirectly,
164	owns or controls any public utility regulated by the commission,
165	by any public utility regulated by the commission, or by any
166	business entity which, either directly or indirectly, is an
167	affiliate or subsidiary of any public utility regulated by the
168	commission.
169	(2) Each person recommended for appointment to the Public
170	Service Commission by the Public Service Commission Nominating
171	Council must:
172	(a) Have earned at least a baccalaureate degree from an
173	institution of higher learning accredited by a regional or
174	national accrediting body; and
175	(b) Possess a minimum of 10 years of professional
176	experience, or a minimum of 6 years of professional experience
177	if the person has earned an advanced degree, in one or more of
178	the following:
179	1. Energy or electric industry issues.
180	2. Telecommunications issues.
181	3. Water and sewer industry issues.
182	4. Finance.
183	5. Economics.
184	6. Accounting.
185	7. Engineering.
186	8. Law.
187	(3) Notwithstanding subsection (2), the council may
188	recommend a person for appointment to the commission if it
189	determines that the person has professional experience of a
190	quality and duration substantial enough to prepare the person to
191	perform the duties of a public service commissioner and
192	functionally equivalent to the standards set forth in subsection
193	(2). The nomination of a person under this subsection who would
194	not otherwise qualify for nomination under subsection (2) shall
195	require a two-thirds vote of the council and shall be
196	accompanied by a written justification for the nomination.
197	(4) Before voting on any matter before the commission,
198	each person appointed to the commission after July 1, 2010,
199	shall complete a comprehensive course of study, developed by the
200	commission's executive director and general counsel in
201	coordination with the National Association of Regulatory Utility
202	Commissioners Subcommittee on Education and Research, that
203	addresses the substantive matters within the jurisdiction of the
204	commission, administrative law applicable to commission
205	proceedings, and standards of conduct applicable to
206	commissioners. Thereafter, each commissioner must annually
207	complete no less than 10 hours of continuing professional
208	education directly related to substantive matters within the
209	jurisdiction of the commission.
210	(5) No less than once every 12 months, each commissioner
211	and commission employee shall receive training, in a form
212	developed by the commission's executive director and general
213	counsel, that addresses the ethical standards of conduct
214	applicable to commissioners and the commission's staff.
215	(6) The chair of the commission shall certify the
216	commission's compliance with these requirements, and each
217	commissioner shall certify his or her individual compliance with
218	the continuing professional education requirements provided in
219	subsection (4). Each certification of compliance shall be
220	provided to the President of the Senate and the Speaker of the
221	House of Representatives.
222	Section 5. Section 350.041, Florida Statutes, is amended
223	to read:
224	350.041 Commissioners; standards of conduct.-
225	(1) STATEMENT OF INTENT.-
226	(a) Professional, impartial, and honorable commissioners
227	are indispensable to the effective performance of the
228	commission's duties. A commissioner shall maintain high
229	standards of conduct and shall personally observe those
230	standards so that the integrity and impartiality of the
231	commission may be preserved. The standards of conduct provided
232	in this section should be construed and applied to further that
233	objective.
234	(b) In addition to the provisions of part III of chapter
235	112, which are applicable to public service commissioners by
236	virtue of their being public officers and full-time employees of
237	the legislative branch of government, the conduct of public
238	service commissioners shall be governed by the standards of
239	conduct provided in this section. Nothing shall prohibit the
240	standards of conduct from being more restrictive than part III
241	of chapter 112. Further, this section shall not be construed to
242	contravene the restrictions of part III of chapter 112. In the
243	event of a conflict between this section and part III of chapter
244	112, the more restrictive provision shall apply.
245	(2) STANDARDS OF CONDUCT.-
246	(a) A commissioner may not accept anything from any
247	business entity which, either directly or indirectly, owns or
248	controls any public utility regulated by the commission, from
249	any public utility regulated by the commission, or from any
250	business entity which, either directly or indirectly, is an
251	affiliate or subsidiary of any public utility regulated by the
252	commission. A commissioner may attend conferences and associated
253	meals and events that are generally available to all conference
254	participants without payment of any fees in addition to the
255	conference fee. Additionally, while attending a conference, a
256	commissioner may attend meetings, meals, or events that are not
257	sponsored, in whole or in part, by any representative of any
258	public utility regulated by the commission and that are limited
259	to commissioners only, committee members, or speakers if the
260	commissioner is a member of a committee of the association of
261	regulatory agencies that organized the conference or is a
262	speaker at the conference. It is not a violation of this
263	paragraph for a commissioner to attend a conference for which
264	conference participants who are employed by a utility regulated
265	by the commission have paid a higher conference registration fee
266	than the commissioner, or to attend a meal or event that is
267	generally available to all conference participants without
268	payment of any fees in addition to the conference fee and that
269	is sponsored, in whole or in part, by a utility regulated by the
270	commission. If, during the course of an investigation by the
271	Commission on Ethics into an alleged violation of this
272	paragraph, allegations are made as to the identity of the person
273	giving or providing the prohibited gift, that person must be
274	given notice and an opportunity to participate in the
275	investigation and relevant proceedings to present a defense. If
276	the Commission on Ethics determines that the person gave or
277	provided a prohibited gift, the person may not appear before the
278	commission or otherwise represent anyone before the commission
279	for a period of 2 years.
280	(b) A commissioner may not accept any form of employment
281	with or engage in any business activity with any business entity
282	which, either directly or indirectly, owns or controls any
283	public utility regulated by the commission, any public utility
284	regulated by the commission, or any business entity which,
285	either directly or indirectly, is an affiliate or subsidiary of
286	any public utility regulated by the commission.
287	(c) A commissioner may not have any financial interest,
288	other than shares in a mutual fund, in any public utility
289	regulated by the commission, in any business entity which,
290	either directly or indirectly, owns or controls any public
291	utility regulated by the commission, or in any business entity
292	which, either directly or indirectly, is an affiliate or
293	subsidiary of any public utility regulated by the commission. If
294	a commissioner acquires any financial interest prohibited by
295	this section during his or her term of office as a result of
296	events or actions beyond the commissioner's control, he or she
297	shall immediately sell such financial interest or place such
298	financial interest in a blind trust at a financial institution.
299	A commissioner may not attempt to influence, or exercise any
300	control over, decisions regarding the blind trust.
301	(d) A commissioner may not accept anything from a party in
302	a proceeding currently pending before the commission. If, during
303	the course of an investigation by the Commission on Ethics into
304	an alleged violation of this paragraph, allegations are made as
305	to the identity of the person giving or providing the prohibited
306	gift, that person must be given notice and an opportunity to
307	participate in the investigation and relevant proceedings to
308	present a defense. If the Commission on Ethics determines that
309	the person gave or provided a prohibited gift, the person may
310	not appear before the commission or otherwise represent anyone
311	before the commission for a period of 2 years.
312	(e) A commissioner may not serve as the representative of
313	any political party or on any executive committee or other
314	governing body of a political party; serve as an executive
315	officer or employee of any political party, committee,
316	organization, or association; receive remuneration for
317	activities on behalf of any candidate for public office; engage
318	on behalf of any candidate for public office in the solicitation
319	of votes or other activities on behalf of such candidacy; or
320	become a candidate for election to any public office without
321	first resigning from office.
322	(f) A commissioner, during his or her term of office, may
323	not make any public comment regarding the merits of any
324	proceeding under ss. 120.569 and 120.57 currently pending before
325	the commission.
326	(g) A commissioner may not conduct himself or herself in
327	an unprofessional manner at any time during the performance of
328	his or her official duties.
329	(h) The chair shall require order and decorum in
330	proceedings before the commission. In the absence of the chair,
331	the commissioner presiding over a commission proceeding shall
332	require order and decorum in the proceeding.
333	(i) A commissioner shall be patient, dignified, and
334	courteous to litigants, other commissioners, witnesses, lawyers,
335	commission staff, and others with whom the commissioner deals in
336	an official capacity.
337	(j) A commissioner shall perform his or her official
338	duties without bias or prejudice. A commissioner may not, in the
339	performance of his or her official duties, by words or conduct
340	manifest bias or prejudice.
341	(k) A commissioner may not, with respect to parties or
342	classes of parties, cases, controversies, or issues likely to
343	come before the commission, make pledges, promises, or
344	commitments that are inconsistent with the impartial performance
345	of the commissioner's official duties.
346	(l) A commissioner may not be swayed by partisan
347	interests, public clamor, or fear of criticism.
348	(m)(h) A commissioner must avoid impropriety in all of his
349	or her activities and must act at all times in a manner that
350	promotes public confidence in the integrity and impartiality of
351	the commission.
352	(n)(i) A commissioner may not directly or indirectly,
353	through staff or other means, solicit anything of value from any
354	public utility regulated by the commission, or from any business
355	entity that, whether directly or indirectly, is an affiliate or
356	subsidiary of any public utility regulated by the commission, or
357	from any party appearing in a proceeding considered by the
358	commission in the last 2 years.
359	(3) INVESTIGATIONS; REPORTS; ADVISORY OPINIONS.-
360	(a) The Commission on Ethics shall accept and investigate
361	any alleged violations of this section pursuant to the
362	procedures contained in ss. 112.322-112.3241.
363	(b) The Commission on Ethics shall provide the Governor
364	and the Florida Public Service Commission Nominating Council
365	with a report of its findings and recommendations with respect
366	to alleged violations by a public service commissioner. The
367	Governor is authorized to enforce these the findings and
368	recommendations of the Commission on Ethics, pursuant to part
369	III of chapter 112.
370	(c) A public service commissioner, a commission employee,
371	or a member of the Florida Public Service Commission Nominating
372	Council may request an advisory opinion from the Commission on
373	Ethics, pursuant to s. 112.322(3)(a), regarding the standards of
374	conduct or prohibitions set forth in this section and ss.
375	350.031, 350.04, and 350.042.
376	Section 6. Section 350.042, Florida Statutes, is amended
377	to read:
378	350.042 Ex parte communications.-
379	(1) Each A commissioner and member of a commissioner's
380	direct staff shall should accord to every person who is a party
381	to or is registered with the commission as an interested person
382	in a proposed agency action proceeding, or who is a party to a
383	proceeding under s. 120.565, s. 120.569, or s. 120.57 legally
384	interested in a proceeding, or the person's lawyer, full right
385	to be heard according to law, and, except as authorized by law,
386	shall not neither initiate, solicit, or nor consider ex parte
387	communications concerning a pending proposed agency action the
388	merits, threat, or offer of reward in any proceeding or a
389	proceeding under s. 120.565, s. 120.569, or s. 120.57 other than
390	a proceeding under s. 120.54 or s. 120.565, workshops, or
391	internal affairs meetings. No individual shall discuss ex parte
392	with a commissioner or a member of a commissioner's direct staff
393	the merits of any issue that he or she reasonably foresees knows
394	will be filed with the commission within 90 days. The provisions
395	of this subsection shall not apply to commission staff.
396	(a) As used in this section, the term "ex parte
397	communication" means any communication that:
398	1. If it is a written or printed communication or a
399	communication in electronic form, is not served on all parties
400	to a proceeding; or
401	2. If it is an oral communication, is made without
402	adequate notice to the parties and without an opportunity for
403	the parties to be present and heard.
404	(b) Where circumstances require, ex parte communications
405	concerning scheduling, administrative purposes, or emergencies
406	that do not deal with substantive matters or issues on the
407	merits are authorized, if:
408	1. The commissioner or member of a commissioner's direct
409	staff reasonably believes that no party will gain a procedural
410	or tactical advantage as a result of the ex parte communication;
411	and
412	2. The commissioner or member of a commissioner's direct
413	staff makes provision promptly to notify all parties of the
414	substance of the ex parte communication and, where possible,
415	allows an opportunity to respond.
416	(2) The provisions of this section shall not prohibit an
417	individual residential ratepayer from communicating with a
418	commissioner or member of a commissioner's direct staff,
419	provided that the ratepayer is representing only himself or
420	herself, without compensation.
421	(3) This section shall not apply to oral communications or
422	discussions in scheduled and noticed open public meetings of
423	educational programs or of a conference or other meeting of an
424	association of regulatory agencies.
425	(4) If a commissioner or member of a commissioner's direct
426	staff knowingly receives an ex parte communication prohibited by
427	this section relative to a proceeding other than as set forth in
428	subsection (1), to which he or she is assigned, he or she must
429	place on the record of the proceeding copies of all written
430	communications received, all written responses to the
431	communications, and a memorandum stating the substance of all
432	oral communications received and all oral responses made, and
433	shall give written notice to all parties to the communication
434	that such matters have been placed on the record. Any party to
435	the proceeding who desires to respond to the an ex parte
436	communication may do so. The response must be received by the
437	commission within 10 days after receiving notice that the ex
438	parte communication has been placed on the record. The
439	commissioner may, if he or she deems it necessary to eliminate
440	the effect of an ex parte communication received by him or her,
441	withdraw from the proceeding, in which case the chair shall
442	substitute another commissioner for the proceeding.
443	(5) Any individual who makes an ex parte communication
444	prohibited by this section shall submit to the commission a
445	written statement describing the nature of such communication,
446	to include the name of the person making the communication, the
447	name of each the commissioner or direct staff member of a
448	commissioner commissioners receiving the communication, copies
449	of all written communications made, all written responses to
450	such communications, and a memorandum stating the substance of
451	all oral communications received and all oral responses made.
452	The commission shall place on the record of a proceeding all
453	such communications.
454	(6) Any commissioner or member of a commissioner's direct
455	staff who knowingly fails to place on the record any ex parte
456	communication prohibited by this section such communications, in
457	violation of this the section, within 15 days after of the date
458	of the such communication is subject to removal or dismissal and
459	may be assessed a civil penalty not to exceed $5,000. Any
460	individual who knowingly fails to comply with subsection (5) may
461	be assessed a civil penalty not to exceed $5,000.
462	(7)(a) It is shall be the duty of the Commission on Ethics
463	to receive and investigate sworn complaints of violations of
464	this section pursuant to the procedures contained in ss.
465	112.322-112.3241.
466	(b) If the Commission on Ethics finds that there has been
467	a violation of this section by a public service commissioner or
468	member of a commissioner's direct staff, it shall provide the
469	Governor and the Florida Public Service Commission Nominating
470	Council with a report of its findings and recommendations. The
471	Governor is authorized to enforce the findings and
472	recommendations of the Commission on Ethics, pursuant to part
473	III of chapter 112.
474	(c) If a commissioner, a member of a commissioner's direct
475	staff, or other individual fails or refuses to pay the
476	Commission on Ethics any civil penalties assessed pursuant to
477	the provisions of this section, the Commission on Ethics may
478	bring an action in any circuit court to enforce the such
479	penalty.
480	(d) If, during the course of an investigation by the
481	Commission on Ethics into an alleged violation of this section,
482	allegations are made as to the identity of the person who
483	participated in the ex parte communication, that person must be
484	given notice and an opportunity to participate in the
485	investigation and relevant proceedings to present a defense. If
486	the Commission on Ethics determines that the person participated
487	in the ex parte communication, the person may not appear before
488	the commission or otherwise represent anyone before the
489	commission for a period of 2 years.
490	Section 7. Subsections (1), (2), and (3) of section
491	350.06, Florida Statutes, are amended to read:
492	350.06 Place of meeting; expenditures; employment of
493	personnel; records availability and fees.-
494	(1) The offices of the commission said commissioners shall
495	be in the vicinity of Tallahassee, but the commissioners may
496	hold sessions anywhere in the state at their discretion.
497	(2) All sums of money authorized to be paid on account of
498	the commission said commissioners shall be paid out of the State
499	Treasury only on the order of the Chief Financial Officer.
500	(3)(a) The commission shall commissioners may employ an
501	executive director, a general counsel, and an inspector general
502	clerical, technical, and professional personnel reasonably
503	necessary for the performance of their duties and may also
504	employ one or more persons capable of stenographic court
505	reporting, to be known as the official reporters of the
506	commission. Selection of the executive director shall be subject
507	to confirmation by the Senate. Until such time as the Senate
508	confirms the selection of the executive director, the individual
509	selected shall perform the functions of the position. If the
510	Senate refuses to confirm or fails to consider the selection
511	during its next regular session, the commission shall, within 30
512	days, select another individual for Senate confirmation. This
513	process shall continue until the Senate has confirmed a
514	selection. In case of a vacancy in the position of executive
515	director, the commission shall select a new executive director
516	in the same manner as the original selection.
517	(b) Each commissioner may employ a chief advisor and an
518	executive assistant to serve as the direct staff of the
519	commissioner.
520	(c) Notwithstanding any other provision of law, the
521	executive director shall employ clerical, technical, and
522	professional personnel reasonably necessary to assist the
523	commission in the performance of its duties, and may employ one
524	or more persons capable of stenographic court reporting, to be
525	known as the official reporters of the commission. The executive
526	director shall have sole authority with respect to employment,
527	compensation, supervision, and direction of agency personnel
528	other than those personnel employed by the commission and
529	individual commissioners under paragraphs (a) and (b).
530	(d) The general counsel shall, in consultation with the
531	executive director, employ attorneys, paralegals, legal
532	secretaries, and other personnel reasonably necessary to assist
533	the commission in the performance of its duties.
534	Section 8. Section 350.122, Florida Statutes, is created
535	to read:
536	350.122 Testimony; public disclosure of affiliation.-
537	(1) Each person offering testimony at a meeting, workshop,
538	hearing, or other scheduled event of the commission shall
539	disclose any financial or fiduciary relationship with any party
540	to the proceedings at the time the testimony is provided to the
541	commission.
542	(2) The determination by the commission that a person has
543	knowingly violated this section constitutes agency action for
544	which a hearing may be sought under chapter 120.
545	Section 9. Prior to the 2011 Regular Session, the
546	Legislature intends to study and evaluate the structure and
547	processes of the Public Service Commission and any related
548	matters to determine whether the commission should be
549	restructured in a manner that establishes the commission's
550	primary role as an independent and impartial decisionmaking
551	body, enhances due process for all persons involved in
552	commission proceedings, ensures that a public interest position
553	will be presented in commission proceedings, and allows
554	commission staff to freely gather information necessary to
555	advise the commission and advocate for the public interest,
556	while ensuring that the staff is not used as a conduit for
557	prohibited ex parte communications. In cooperation with the
558	Legislature, the commission's staff shall, as requested, provide
559	assistance and information relevant to this study.
560	Section 10. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.