November 28, 2020
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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.
   16  Be It Enacted by the Legislature of the State of Florida:
   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.

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