House Bill 0367

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    Florida House of Representatives - 2000                 HB 367

        By Representative Argenziano






  1                      A bill to be entitled

  2         An act relating to water and wastewater

  3         systems; amending s. 350.0611, F.S.; requiring

  4         the Public Counsel to provide legal

  5         representation in proceedings before counties

  6         under certain circumstances; amending s.

  7         367.0816, F.S.; requiring rate reductions at

  8         the conclusion of a rate case expense recovery

  9         period; providing an effective date.

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

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13         Section 1.  Section 350.0611, Florida Statutes, is

14  amended to read:

15         350.0611  Public Counsel; duties and powers.--It shall

16  be the duty of the Public Counsel to provide legal

17  representation for the people of the state in proceedings

18  before the commission and in proceedings before counties

19  pursuant to s. 367.171(8).  The Public Counsel shall have such

20  powers as are necessary to carry out the duties of his or her

21  office, including, but not limited to, the following specific

22  powers:

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

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

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

26  before the commission and urge therein any position which he

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

28  or inconsistent with positions previously adopted by the

29  commission, and utilize therein all forms of discovery

30  available to attorneys in civil actions generally, subject to

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






    Florida House of Representatives - 2000                 HB 367

    576-141A-00






  1  protective orders of the commission which shall be reviewable

  2  by summary procedure in the circuit courts of this state.;

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

  4  and data of the commission available to any other attorney

  5  representing parties in a proceeding before the commission.;

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

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

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

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

10  state or its citizens.;

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

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

13  Legislature on any matter or subject within the jurisdiction

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

15  she deems appropriate for legislation relative to commission

16  procedures, rules, jurisdiction, personnel, and functions.;

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

18  agencies, and state and federal courts in connection with

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

20  of the state or its citizens.

21         Section 2.  Section 367.0816, Florida Statutes, is

22  amended to read:

23         367.0816  Recovery of rate case expenses.--The amount

24  of rate case expense determined by the commission pursuant to

25  the provisions of this chapter to be recovered through a

26  public utilities rate shall be apportioned for recovery over a

27  period of 4 years. At the conclusion of the recovery period,

28  the rate of the public utility shall be reduced immediately by

29  the amount of rate case expense previously included in rates.

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

31  law.

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






    Florida House of Representatives - 2000                 HB 367

    576-141A-00






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  2                          HOUSE SUMMARY

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      Requires the Public Counsel to provide legal
  4    representation in proceedings before counties pursuant to
      s. 367.171(8), F.S., relating to county regulation of
  5    utility rates. Requires rate reductions at the conclusion
      of the 4-year rate case expense recovery period.
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