Senate Bill 0178

    Florida Senate - 2000                                   SB 178

    By Senator Brown-Waite





    10-203-00

  1                      A bill to be entitled

  2         An act relating to the Public Counsel; amending

  3         s. 350.0611, F.S.; directing the Public Counsel

  4         to provide legal representation for the people

  5         of the state in water and wastewater utility

  6         rate proceedings before counties; providing an

  7         effective date.

  8

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

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11         Section 1.  Section 350.0611, Florida Statutes, is

12  amended to read:

13         350.0611  Public Counsel; duties and powers.--It shall

14  be the duty of the Public Counsel to provide legal

15  representation for the people of the state in proceedings

16  before the commission and in proceedings before counties under

17  s. 367.171(8).  The Public Counsel shall have such powers as

18  are necessary to carry out the duties of his or her office,

19  including, but not limited to, the following specific powers:

20         (1)  To recommend to the commission, by petition, the

21  commencement of any proceeding or action or to appear, in the

22  name of the state or its citizens, in any proceeding or action

23  before the commission and urge therein any position which he

24  or she deems to be in the public interest, whether consistent

25  or inconsistent with positions previously adopted by the

26  commission, and utilize therein all forms of discovery

27  available to attorneys in civil actions generally, subject to

28  protective orders of the commission which shall be reviewable

29  by summary procedure in the circuit courts of this state;

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






    Florida Senate - 2000                                   SB 178
    10-203-00




  1         (2)  To have access to and use of all files, records,

  2  and data of the commission available to any other attorney

  3  representing parties in a proceeding before the commission;

  4         (3)  In any proceeding in which he or she has

  5  participated as a party, to seek review of any determination,

  6  finding, or order of the commission, or of any hearing

  7  examiner designated by the commission, in the name of the

  8  state or its citizens;

  9         (4)  To prepare and issue reports, recommendations, and

10  proposed orders to the commission, the Governor, and the

11  Legislature on any matter or subject within the jurisdiction

12  of the commission, and to make such recommendations as he or

13  she deems appropriate for legislation relative to commission

14  procedures, rules, jurisdiction, personnel, and functions;

15         (5)  To appear before other state agencies, federal

16  agencies, and state and federal courts in connection with

17  matters under the jurisdiction of the commission, in the name

18  of the state or its citizens.

19         Section 2.  This act shall take effect upon becoming a

20  law.

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23                          SENATE SUMMARY

24    Provides for the Public Counsel to represent the people
      of the state in water and wastewater utility rate
25    proceedings before counties.

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