Bill Text: FL S0594 | 2010 | Regular Session | Introduced

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Bill Title: Public Service Commission [EPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Communications, Energy, and Public Utilities [S0594 Detail]

Download: Florida-2010-S0594-Introduced.html

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Florida Senate - 2010                                    SJR 594 
 
By Senator Fasano 
11-00361D-10                                           2010594__ 
1                       Senate Joint Resolution 
2         A joint resolution proposing the creation of Section 
3         14 of Article IV and Section 31 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 31 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) A law firm that has been a party to a commission 
47  proceeding within the two years preceding the date of the 
48  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 31. 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 31 
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, law firms, and trade associations under 
77  certain circumstances. Each of the five seats on the commission 
78  would be subject to a vote of the electors in 2012.