By Keith Laing
The News Service of Florida
The Senate cleared Tuesday afternoon a sweeping ethics reform bill for the Public Service Commission (PSC) after beating back an amendment to reduce the amount of time members of the panel and their staffers would be banned from lobbying the legislative or executive branches of government.
The bill, sponsored by Sen. Mike Fasano, R-New Port Richey, is primarily aimed at limiting off-the-record communication at the PSC. The measure, filed in response to a conflict-of-interest firestorm at the PSC last fall, is a top priority in the Senate and final passage in the chamber could come as early as Wednesday.
On Tuesday, the Senate considered, though it ultimately rejected, an amendment by Sen. Al Lawson, D-Tallahassee, to reduce the bill’s ban on commissioners and PSC employees from lobbying the executive or judicial branches of state government or testifying before the PSC for four years after leaving the panel. Lawson argued that the restriction was more strict than the rules lawmakers apply to themselves or state judges and suggest shortening the ban back to two years.
“These Public Service Commissioners are state employees,” said Lawson, who champions state workers because his district is filled with them. “I don’t think we need to treat Public Service Commissioners as well as their staff people any differently than we treat legislators or anybody else in the state of Florida. When I leave Legislature, I could lobby the Legislature, I could lobby the executive branch, I can lobby any state agency and I’ve been here 20 years.”
Fasano’s bill originally called for a two-year lobbying ban, but the prohibition was extended to four years at the urging of consumer groups that usually argue against utility rate increases at the PSC.
The panel itself, which has tried to reposition itself as consumer friendly after staffers were accused last fall of inappropriately communicating electronically with utility employees, also suggested a four-year ban.
Lawson said he supported the overall effort to curb conflicts-of-interest at the PSC and agreed that former PSC commissioners and staffers should not be able to lobby the panel, but banning them from other areas of government was too limiting.
“I think just about everything in Sen. Fasano’s bill is great, because we need to tighten up the situation over there,” Lawson said. “But … we need to give them an opportunity to work. They cannot lobby the Public Service Commission, but they should be able to come to (lobby) the Legislature and other bodies just like everyone else can.”
“Florida leads the nation in unemployment,” he added. “With all the downturn in the economy, people need to be able to get a job to take care of their families. If a staff person is working at the Public Service Commission…and something happens where they no longer have a job, they should be able to take a job in state government without having to wait for four years.”
Fasano countered that the new rules would only apply to PSC Commissioners and staffers who join the panel after the bill becomes law, so current officials would not have to worry about their livelihoods being affected.
“We have put into the bill specifically and clearly that it only deals with…people who are reappointed or new commissioners or staffers hired after July 1, so when they go into the process, they will know the rules,” he said.
Fasano also brushed of the claim that the reform bill would increase unemployment in the state.
“I assure you this won’t affect our unemployment rate in the state of Florida,” he said. “We’re talking 15 people. We’re talking five commissioners and 2 senior staff members, who make a very comfortable salary over there.”
He added that if it was solely up to him, he would like to see an even longer ban than four years.
“If I had my way, we’d ban them forever,” he said. “I want people who serve on the Public Service Commission to be public servants.”
Lawson’s amendment was defeated on a voice vote, clearing the way for the bill to be voted on by the full Senate. Fasano and Senate President Jeff Atwater had indicated that they would like to see the measure approved in the early stages of the 2010 legislative session, which convened Tuesday, but the bill has not moved nearly as fast in the House.
In addition to prohibiting lobbying for four years and banning ex parte communications, the measure would expand access to utility records to the Office of Public Counsel, the state agency tasked with representing consumers before the PSC and require PSC commissioners to adhere to much of the state judicial code of conduct.
