A panel of five people that regulates electric utility companies in Florida could get two more members and new restrictions.
State Sen. Don Gaetz, R-Niceville, wants to limit electric utilities from earning returns on equity that exceed the national average through his bill (SB 126) filed for the 2026 legislation session, which begins in January.
The bill adds that Florida Public Service Commission orders be backed up with “adequate support and rationale for the commission’s conclusions.”
“In addition, the commission shall provide in its order a discussion of the major elements of the settlement and a rationale for its conclusions,” the measure reads.
Plus, Gaetz hopes to expand the PSC to seven members: one would be required to be a certified public accountant and another would be a chartered financial analyst.
The senator filed a similar bill last session, but it was only approved by one committee before stalling.
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Right now, the commission is made up of: Andrew Giles Fay, a government attorney; Art Graham, a chemical engineer and former Jacksonville city council member; Gary Clark, a businessman and former state environmental official; Gabriella Passidomo Smith, a government lawyer and daughter of former state Senate President Kathleen Passidomo; and Mike La Rosa, a developer and former state Republican representative who chairs the commission.
This month, Gov. Ron DeSantis announced the appointments of Ana Ortega and Bobby Payne to serve next on the commission. They must be confirmed by the Senate.
Ortega is a PSC aide, acting as chief policy adviser to the commission, while previously serving as a utility regulatory analyst. She’s also a chief aide to the president of the National Association of Regulatory Utility Commissioners.
Payne is a former Republican state representative who filed a 2024 comprehensive energy bill, which was signed into law. He’s also a former executive for Seminole Electric Cooperative and current consultant.
According to a press release by progressive nonprofit Food & Water Watch, between December 2019 and June 2025, the PSC approved increasing utility bills by 66% for Tampa Electric customers, 44% for Duke Energy customers, 38% for Florida Power & Light customers, and 7% for Florida Power & Light Gulf customers.
“For too long, DeSantis’ PSC has rubber stamped corporate utility wish lists, causing electricity prices to have skyrocketed under his watch. Floridians are struggling to afford the cost of living, and utility regulators have been failing to do their job,” Brooke Ward, senior organizer for Food & Water Watch, said in an email.
“The new commissioners must break the pattern of neglect by prioritizing community need above corporate greed. [The] appointees must usher in a new era of transparency, accountability and affordable energy for all.”
