Florida Senate - 2010 SB 1084
By Senator Fasano
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
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.