Special 1st DCA Watch -- WTF??

I just had a chance to review this fresh 1st DCA opinion on whether the PSC was correct to order the public dissemination of top FPL executive salary information (compensation over $165k).

The PSC determined they could release the salary info because it was specifically exempted from the definition of "proprietary confidential business information" in Section 366.093(3):

(3) Proprietary confidential business information means information, regardless of form or characteristics, which is owned or controlled by the person or company, is intended to be and is treated by the person or company as private in that the disclosure of the information would cause harm to the ratepayers or the person's or company's business operations, and has not been disclosed unless disclosed pursuant to a statutory provision, an order of a court or administrative body, or private agreement that provides that the information will not be released to the public.

Proprietary confidential business information includes, but is not limited to:

(a) Trade secrets.
(b) Internal auditing controls and reports of internal auditors.
(c) Security measures, systems, or procedures.
(d) Information concerning bids or other contractual data, the disclosure of which would impair the efforts of the public utility or its affiliates to contract for goods or services on favorable terms.
(e) Information relating to competitive interests, the disclosure of which would impair the competitive business of the provider of the information.
(f) Employee personnel information unrelated to compensation, duties, qualifications, or responsibilities.

The 1st reversed, however, saying that the phrase "unrelated to compensation" gives only "some indication" that employee compensation amounts may not be confidential proprietary business information, but that the phrase "includes, but is not limited to" means that there could be other types of confidential information beyond those listed in (a) through (f) -- like, say information relating to employee compensation.

Alternatively, the 1st seems to think that although employee compensation information could be expressly excluded in (f), it could somehow worm its way back in as a "trade secret" under (a) or could be "competitive business information" under (e).

Oh man, I have never loved the 3d DCA more than I do right now.

Paul Calli Is A (Private) Dick.

I've always wanted to write that headline, and now I can:

This week, Calli and his firm, Carlton Fields, were tapped by the FPL Group to investigate allegations of fraud.

In two letters, anonymous FPL employees have alleged that FPL executives broke the law by forcing employees to provide inaccurate or misleading information to regulators and shareholders.

Legal experts say the allegations could open a Pandora's box of trouble for the Juno Beach-based company.

"These allegations are very serious, and they require diligence and patience by FPL," said Scott Weires, an attorney in the Boca Raton office of Buckingham, Doolittle & Burroughs. "They cut to the core of the structure upon which the rates for the entire state are based. If there's fraud there, imagine the amounts of money potentially at risk."

In a e-mail sent Monday to employees, FPL Group Chairman Lew Hay said the company hired Carlton Fields because of the serious nature of the allegations, and because the anonymous employees have failed to provide specific facts supporting their allegations.

Gerald Richman, a West Palm Beach attorney who formerly served as president of The Florida Bar, called Carlton Fields "an excellent law firm with a long-standing reputation."

But it's not all s*&ts-and-giggles:

But employees are frightened by the inquiry, said Thomas Saporito of Jupiter, a former FPL employee. He lost his claim that he was fired 22 years ago after raising concerns about safety at an FPL plant. Rather than a quest for the truth, Saporito said the fear is that FPL is on a "witch hunt" designed to find, and silence, the still-anonymous whistle-blowers.

Saporito, who said he keeps in touch with FPL workers, said the letters reflect the rising frustration level felt by employees. "What you have," Saporito said, "is a revolution going on inside that company."

Don't worry kids, they hired a quality guy who will do the right thing.