HB 7237

1	A bill to be entitled
2	An act relating to the Public Service Commission; amending
3	s. 350.01, F.S.; correcting cross-references; revising
4	provisions for terms of commissioners on the Public
5	Service Commission; revising a reference to the office of
6	hearing examiners; amending s. 350.011, F.S.; deleting
7	obsolete provisions relating to a transfer of certain
8	functions and duties to the Public Service Commission;
9	amending s. 350.012, F.S.; removing a provision for
10	governance of the Committee on Public Service Commission
11	Oversight; repealing s. 350.051, F.S., relating to
12	qualifications of the Chief Auditor of the commission;
13	amending s. 350.06, F.S.; deleting certain provisions
14	relating to the employment of reporters and furnishing of
15	transcripts by the commission; revising provisions for the
16	collection and accounting of fees for furnishing
17	transcripts and other documents or instruments; amending
18	s. 350.113, F.S.; removing limits on the amount of certain
19	regulatory fees; amending s. 350.117, F.S.; removing an
20	exception for railroads from certain audits by the
21	commission; repealing s. 350.80, F.S., relating to
22	regulation of certain coal slurry pipeline companies;
23	amending s. 361.08, F.S.; removing a provision for
24	consideration by the court of certain findings by the
25	commission relating to coal slurry pipeline companies, to
26	conform to changes made by the act; providing an effective
27	date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1.  Paragraphs (a) and (b) of subsection (2),
32	subsection (3), and subsection (5) of section 350.01, Florida
33	Statutes, are amended to read:
34	350.01  Florida Public Service Commission; terms of
35	commissioners; vacancies; election and duties of chair; quorum;
36	proceedings.--
37	(2)(a)  Each commissioner serving on July 1, 1978, shall be
38	permitted to remain in office until the completion of his or her
39	current term. Upon the expiration of the term, a successor shall
40	be appointed in the manner prescribed by s. 350.031(5), (6), (3)
41	and (7) (4) for a 4-year term, except that the terms of the
42	initial members appointed under this act shall be as follows:
43	1.  The vacancy created by the present term ending in
44	January, 1981, shall be filled by appointment for a 4-year term
45	and for 4-year terms thereafter; and
46	2.  The vacancies created by the two present terms ending
47	in January, 1979, shall be filled by appointment for a 3-year
48	term and for 4-year terms thereafter.
49	(b)  Two additional commissioners shall be appointed in the
50	manner prescribed by s. 350.031(5), (6), (3) and (7) (4) for 4-
51	year terms beginning the first Tuesday after the first Monday in
52	January, 1979, and successors shall be appointed for 4-year
53	terms thereafter with each term beginning on January 2 of the
54	year the term commences and ending 4 years later on January 1.
55	(3)  Any person serving on the commission who seeks to be
56	appointed or reappointed shall file with the nominating council
57	at least 210 180 days before the expiration of his or her term a
58	statement that he or she desires to serve an additional term.
59	(5)  The primary duty of the chair is to serve as chief
60	administrative officer of the commission; however, the chair may
61	participate in any proceedings pending before the commission
62	when administrative duties and time permit. In order to
63	distribute the workload and expedite the commission's calendar,
64	the chair, in addition to other administrative duties, has
65	authority to assign the various proceedings pending before the
66	commission requiring hearings to two or more commissioners or to
67	the commission's staff office of hearing examiners under the
68	supervision of the office of general counsel. Only those
69	commissioners assigned to a proceeding requiring hearings are
70	entitled to participate in the final decision of the commission
71	as to that proceeding; provided, if only two commissioners are
72	assigned to a proceeding requiring hearings and cannot agree on
73	a final decision, the chair shall cast the deciding vote for
74	final disposition of the proceeding. If more than two
75	commissioners are assigned to any proceeding, a majority of the
76	members assigned shall constitute a quorum and a majority vote
77	of the members assigned shall be essential to final commission
78	disposition of those proceedings requiring actual participation
79	by the commissioners. If a commissioner becomes unavailable
80	after assignment to a particular proceeding, the chair shall
81	assign a substitute commissioner. In those proceedings assigned
82	to a hearing examiner, following the conclusion of the hearings,
83	the designated hearing examiner is responsible for preparing
84	recommendations for final disposition by a majority vote of the
85	commission. A petition for reconsideration shall be voted upon
86	by those commissioners participating in the final disposition of
87	the proceeding.
88	Section 2.  Section 350.011, Florida Statutes, is amended
89	to read:
90	350.011  Florida Public Service Commission; jurisdiction;
91	powers and duties.--The state regulatory agency heretofore known
92	as the Florida Railroad and Public Utilities Commission or
93	Florida Public Utilities Commission shall be known and hereafter
94	called Florida Public Service Commission, and all rights,
95	powers, duties, responsibilities, jurisdiction, and judicial
96	powers now vested in said Railroad and Public Utilities
97	Commission or said Florida Public Utilities Commission and the
98	commissioners thereof are vested in the Florida Public Service
99	Commission and the commissioners thereof. Whenever reference is
100	made to the Florida Railroad and Public Utilities Commission or
101	Florida Public Utilities Commission and the commissioners
102	thereof in the laws of the state previously enacted or enacted
103	at this session of the Legislature, such reference shall be
104	construed to mean the Florida Public Service Commission and the
105	commissioners thereof and all appropriations for the use of said
106	Railroad and Public Utilities Commission or Florida Public
107	Utilities Commission and the members thereof for the biennium or
108	continuing in nature previously made or made at this session of
109	the Legislature, shall be construed to be for the use of said
110	Florida Public Service Commission and the commissioners thereof,
111	to be used for the purposes set out in the laws making said
112	appropriations; provided, however, the change in name of said
113	regulatory agency shall in nowise affect any pending causes and
114	proceedings, existing notices, orders, certificates, permits,
115	licenses, or authorities previously granted or any action
116	previously taken by the Florida Railroad and Public Utilities
117	Commission or Florida Public Utilities Commission.
118	Section 3.  Section 350.012, Florida Statutes, is amended
119	to read:
120	350.012  Committee on Public Service Commission Oversight;
121	creation; membership; powers and duties.--
122	(1)  There is created a standing joint committee of the
123	Legislature, designated the Committee on Public Service
124	Commission Oversight, and composed of 12 members appointed as
125	follows: six members of the Senate appointed by the President of
126	the Senate, two of whom must be members of the minority party;
127	and six members of the House of Representatives appointed by the
128	Speaker of the House of Representatives, two of whom must be
129	members of the minority party. The terms of members shall be for
130	2 years and shall run from the organization of one Legislature
131	to the organization of the next Legislature. The President shall
132	appoint the chair of the committee in even-numbered years and
133	the vice chair in odd-numbered years, and the Speaker of the
134	House of Representatives shall appoint the chair of the
135	committee in odd-numbered years and the vice chair in even-
136	numbered years, from among the committee membership. Vacancies
137	shall be filled in the same manner as the original appointment.
138	Members shall serve without additional compensation, but shall
139	be reimbursed for expenses.
140	(2)  The committee shall be governed by joint rules of the
141	Senate and the House of Representatives which shall remain in
142	effect until repealed or amended by concurrent resolution.
143	(2)(3)  The committee shall:
144	(a)  Recommend to the Governor nominees to fill a vacancy
145	on the Public Service Commission, as provided by general law;
146	and
147	(b)  Appoint a Public Counsel as provided by general law.
148	(3)(4)  The committee is authorized to file a complaint
149	with the Commission on Ethics alleging a violation of this
150	chapter by a commissioner, former commissioner, former
151	commission employee, or member of the Public Service Commission
152	Nominating Council.
153	(4)(5)  The committee will not have a permanent staff, but
154	the President of the Senate and the Speaker of the House of
155	Representatives shall select staff members from among existing
156	legislative staff, when and as needed.
157	Section 4.  Section 350.051, Florida Statutes, is repealed.
158	Section 5.  Subsections (3) through (9) of section 350.06,
159	Florida Statutes, are amended to read:
160	350.06  Place of meeting; expenditures; employment of
161	personnel; records availability and fees.--
162	(3)  The commissioners may employ clerical, technical, and
163	professional personnel reasonably necessary for the performance
164	of their duties and. The commissioners may also employ one or
165	more persons capable of stenographic court reporting, to be
166	known as the official reporters of the commission, and fix the
167	compensation of each not to exceed $28,000 annually. The
168	official reporters shall furnish only to the commission
169	transcripts of all testimony taken by them, and the commission
170	may make and sell certified copies of such testimony and charge
171	therefor the same fees as are allowed clerks of the circuit
172	courts of the state, subject to such rules and regulations as
173	may be prescribed by the commission.
174	(4)  When needed, the commission may engage supplementary
175	qualified reporters at their usual rate of compensation;
176	however, the supplementary reporters shall furnish the
177	commission the original certified transcripts of testimony taken
178	by them, but such reporters shall have the right to sell copies
179	of such transcripts subject to rules and regulations of the
180	commission. The commission may make copies of the transcripts
181	for internal use without further compensation. When
182	supplementary reporters are unable to provide copies within a
183	reasonable time, the commission may, upon request, sell copies
184	at its usual rate and shall deposit the proceeds in the Public
185	Service Regulatory Trust Fund.
186	(5)  Upon request by the governing body of a municipal or
187	county government within 7 days after completion of the
188	transcript and its delivery to the commission, the commission
189	shall provide copies of the transcripts of testimony at the cost
190	of reproduction and mailing, but such copies need not be
191	certified unless specifically requested.
192	(5)(6)  The commission shall make available to the public
193	counsel the original copy of all transcripts for use and study
194	in the commission offices. If the commission makes any copies of
195	transcripts for internal use and if the public counsel has so
196	requested in writing to the clerk of the commission at the time
197	of his or her intervention, the commission shall supply the
198	public counsel with a copy of the transcript at no charge. In
199	all other cases, the public counsel may obtain a copy of the
200	transcript from the commission for the cost of reproduction.
201	(6)(7)  The commission shall collect for copying,
202	examining, comparing, correcting, verifying, certifying, or
203	furnishing orders, records, transcripts of testimony, papers, or
204	other instruments no more than the same fees that are allowed
205	clerks of the circuit courts of this state Florida. In cases
206	where the fee would amount to less than $1, no fee shall be
207	charged.
208	(7)(8)  Copies of commission orders furnished to public
209	officials, newspapers, periodical publications, federal
210	agencies, state officials of other states, and parties to the
211	proceeding in which the order was entered and their attorneys
212	shall be without charge. However, the commission may in its
213	discretion charge fees for the furnishing of more than one copy
214	of any order to any of the foregoing.
215	(8)(9)  The commission shall keep accounting records a book
216	in which all fees collected by it as provided for herein shall
217	be recorded, together with the amount and purpose for which
218	collected. The accounting records This book shall be a public
219	records record. The commission shall prepare a statement of
220	these fees in duplicate each month and remit one copy of the
221	statement, together with all fees collected by it, to the Chief
222	Financial Officer. All moneys collected pursuant to this section
223	by the commission shall be deposited in the State Treasury to
224	the credit of the Florida Public Service Regulatory Trust Fund.
225	Section 6.  Subsection (3) of section 350.113, Florida
226	Statutes, is amended to read:
227	350.113  Florida Public Service Regulatory Trust Fund;
228	moneys to be deposited therein.--
229	(3)  Each regulated company under the jurisdiction of the
230	commission, which company was in operation for the preceding 6-
231	month period, shall pay to the commission within 30 days
232	following the end of each 6-month period, commencing June 30,
233	1977, a fee based upon the gross operating revenues for such
234	period subject to the limitations of this subsection. The fee
235	fees shall, to the extent practicable, be related to the cost of
236	regulating such type of regulated company. and shall in no event
237	be greater than:
238	(a)  For each railroad operating under chapter 351, one-
239	eighth of 1 percent of its gross operating revenues derived from
240	intrastate business.
241	(b)  For each telephone company licensed or operating under
242	chapter 364, one-eighth of 1 percent of its gross operating
243	revenues derived from intrastate business.
244	(c)  For each "public utility" as defined in s. 366.02,
245	one-eighth of 1 percent of its gross operating revenues derived
246	from intrastate business, excluding sales for resale between
247	public utilities, municipal electric utilities, and rural
248	electric cooperatives, or any combination thereof.
249	(d)  For each municipal electric utility and rural electric
250	cooperative, one sixty-fourth of 1 percent of its gross
251	operating revenues derived from intrastate business, excluding
252	sales for resale between public utilities, municipal electric
253	utilities, and rural electric cooperatives, or any combination
254	thereof.
255	(e)  For each regulated company licensed under chapter 367,
256	2.5 percent of its gross revenues derived from intrastate
257	business.
258
259	Differences, if any, between the amount paid in any 6-month
260	period and the amount actually determined by the commission to
261	be due shall, upon notification by the commission, be
262	immediately paid or refunded. Each regulated company which is
263	subject to the jurisdiction of the commission, but which did not
264	operate under the commission's jurisdiction during the entire
265	preceding 6-month period, shall, within 30 days after the close
266	of the first 6-month period during which it commenced operations
267	under, or became subject to, the jurisdiction of the commission,
268	pay to the commission the prescribed fee based upon its gross
269	operating revenues derived from intrastate business during those
270	months or parts of months in which the regulated company did
271	operate during such 6-month period. In no event shall payments
272	under this section be less than $25 annually.
273	Section 7.  Subsection (2) of section 350.117, Florida
274	Statutes, is amended to read:
275	350.117  Reports; audits.--
276	(2)  The commission may perform management and operation
277	audits of any regulated company except railroads. The commission
278	may consider the results of such audits in establishing rates;
279	however, the company shall not be denied due process as a result
280	of the use of any such management or operation audit.
281	Section 8.  Section 350.80, Florida Statutes, is repealed.
282	Section 9.  Paragraph (d) of subsection (2) of section
283	361.08, Florida Statutes, is amended to read:
284	361.08  Right of eminent domain to coal pipeline
285	companies.--
286	(2)  Any corporation, partnership, joint venture,
287	association, or other legal entity organized under the laws of
288	this state, or under the laws of any other state and qualified
289	to do business in this state, for the purpose of supplying any
290	electric utility or utilities; any city, town, or village or the
291	inhabitants thereof; or any community with coal or its
292	derivatives and any mixture and combination thereof by pipeline,
293	and for the purpose of serving as a common carrier operating or
294	proposing to operate a pipeline or pipelines for transporting or
295	delivering coal or its derivatives or any mixture or combination
296	thereof, shall have the right of eminent domain, for the purpose
297	of acquiring title, easements, rights-of-way, or other rights or
298	interests in property, necessary to acquire and take private
299	property which is or may be needed for the construction,
300	operation, maintenance, repair, or replacement of coal slurry
301	and derivative plants, pipelines, pumping stations, and any
302	other installations and works incident thereto. The procedure to
303	condemn property or interest therein shall be exercised in the
304	manner set forth in chapters 73 and 74. In any condemnation
305	proceeding under this act, the circuit court shall restrict the
306	exercise of the right of eminent domain in the following
307	particulars:
308	(d)  The court, in any condemnation proceeding brought
309	pursuant to this section, shall be bound by the findings of the
310	Florida Public Service Commission on the general issues of
311	economic and environmental feasibility as determined pursuant to
312	s. 350.80.
313	Section 10.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.