House Bill 4113

    Florida House of Representatives - 1998                HB 4113

        By the Committee on Utilities & Communications and
    Representative Arnall





  1                      A bill to be entitled

  2         An act relating to the Florida Public Service

  3         Commission; amending s. 350.01, F.S.; deleting

  4         obsolete provisions; amending s. 350.011, F.S.;

  5         clarifying the jurisdiction, powers, and duties

  6         of the commission; providing an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Subsection (2) of section 350.01, Florida

11  Statutes, is amended to read:

12         350.01  Florida Public Service Commission; terms of

13  commissioners; vacancies; election and duties of chair;

14  quorum; proceedings.--

15         (2)(a)  Each commissioner serving on July 1, 1978,

16  shall be permitted to remain in office until the completion of

17  his or her current term.  Upon the expiration of the term, a

18  successor shall be appointed in the manner prescribed by s.

19  350.031(3) and (4) for a 4-year term, except that the terms of

20  the initial members appointed under this act shall be as

21  follows:

22         1.  The vacancy created by the present term ending in

23  January, 1981, shall be filled by appointment for a 4-year

24  term and for 4-year terms thereafter; and

25         2.  The vacancies created by the two present terms

26  ending in January, 1979, shall be filled by appointment for a

27  3-year term and for 4-year terms thereafter.

28         (b)  Two additional commissioners shall be appointed in

29  the manner prescribed by s. 350.031(3) and (4) for 4-year

30  terms beginning the first Tuesday after the first Monday in

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






    Florida House of Representatives - 1998                HB 4113

    193-137-98






  1  January, 1979, and successors shall be appointed for a 4-year

  2  term terms thereafter.

  3         (c)  Vacancies on the commission shall be filled as

  4  provided in s. 350.031 for the unexpired portion of the term

  5  in the same manner as original appointments to the commission.

  6         Section 2.  Section 350.011, Florida Statutes, is

  7  amended to read:

  8         350.011  Florida Public Service Commission;

  9  jurisdiction; powers and duties.--The jurisdiction, powers,

10  and duties of the Florida Public Service Commission, formerly

11  known as the Florida Railroad and Public Utilities Commission

12  or the Florida Public Utilities Commission, are as provided,

13  but not limited to, those enumerated in this chapter and in

14  chapters 364, 366, 367, and 368. The status of any action

15  taken by, or in relation to, such former commissions continues

16  in full force and effect. The state regulatory agency

17  heretofore known as the Florida Railroad and Public Utilities

18  Commission or Florida Public Utilities Commission shall be

19  known and hereafter called Florida Public Service Commission,

20  and all rights, powers, duties, responsibilities,

21  jurisdiction, and judicial powers now vested in said Railroad

22  and Public Utilities Commission or said Florida Public

23  Utilities Commission and the commissioners thereof are vested

24  in the Florida Public Service Commission and the commissioners

25  thereof.  Whenever reference is made to the Florida Railroad

26  and Public Utilities Commission or Florida Public Utilities

27  Commission and the commissioners thereof in the laws of the

28  state previously enacted or enacted at this session of the

29  Legislature, such reference shall be construed to mean the

30  Florida Public Service Commission and the commissioners

31  thereof and all appropriations for the use of said Railroad

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






    Florida House of Representatives - 1998                HB 4113

    193-137-98






  1  and Public Utilities Commission or Florida Public Utilities

  2  Commission and the members thereof for the biennium or

  3  continuing in nature previously made or made at this session

  4  of the Legislature, shall be construed to be for the use of

  5  said Florida Public Service Commission and the commissioners

  6  thereof, to be used for the purposes set out in the laws

  7  making said appropriations; provided, however, the change in

  8  name of said regulatory agency shall in nowise affect any

  9  pending causes and proceedings, existing notices, orders,

10  certificates, permits, licenses, or authorities previously

11  granted or any action previously taken by the Florida Railroad

12  and Public Utilities Commission or Florida Public Utilities

13  Commission.

14         Section 3.  This act shall take effect upon becoming a

15  law.

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18                          HOUSE SUMMARY

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      Deletes obsolete provisions relating to the Florida
20    Public Service Commission and clarifies provisions
      relating to the jurisdiction, powers, and duties of the
21    commission.

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