SENATE AMENDMENT
    Bill No. SB 344
    Amendment No. ___   Barcode 265016
                            CHAMBER ACTION
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11  Senator Brown-Waite moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
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16  and insert:  
17         Section 1.  Subsection (8) of section 367.171, Florida
18  Statutes, is amended to read:
19         367.171  Effectiveness of this chapter.--
20         (8)  Each county which is excluded from the provisions
21  of this chapter shall regulate the rates of all utilities in
22  that county which would otherwise be subject to regulation by
23  the commission pursuant to s. 367.081(1), (2), (3), and (6).
24  The county shall not regulate the rates or charges of any
25  system or facility which would otherwise be exempt from
26  commission regulation pursuant to s. 367.022(2).  For this
27  purpose the county or its agency shall proceed as though the
28  county or agency is the commission. In all proceedings
29  conducted by a county or its agency under the authority of
30  this chapter, the provisions of ss. 120.569 and 120.57 shall
31  apply.
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    8:36 PM   05/01/01                                s0344c-10m0a

SENATE AMENDMENT Bill No. SB 344 Amendment No. ___ Barcode 265016 1 Section 2. Section 350.0611, Florida Statutes, is 2 amended to read: 3 350.0611 Public Counsel; duties and powers.--It shall 4 be the duty of the Public Counsel to provide legal 5 representation for the people of the state in proceedings 6 before the commission and in proceedings before counties 7 pursuant to s. 367.171(8). The Public Counsel shall have such 8 powers as are necessary to carry out the duties of his or her 9 office, including, but not limited to, the following specific 10 powers: 11 (1) To recommend to the commission or the counties, by 12 petition, the commencement of any proceeding or action or to 13 appear, in the name of the state or its citizens, in any 14 proceeding or action before the commission or the counties and 15 urge therein any position which he or she deems to be in the 16 public interest, whether consistent or inconsistent with 17 positions previously adopted by the commission or the 18 counties, and utilize therein all forms of discovery available 19 to attorneys in civil actions generally, subject to protective 20 orders of the commission or the counties which shall be 21 reviewable by summary procedure in the circuit courts of this 22 state; 23 (2) To have access to and use of all files, records, 24 and data of the commission or the counties available to any 25 other attorney representing parties in a proceeding before the 26 commission or the counties; 27 (3) In any proceeding in which he or she has 28 participated as a party, to seek review of any determination, 29 finding, or order of the commission or the counties, or of any 30 hearing examiner designated by the commission or the counties, 31 in the name of the state or its citizens; 2 8:36 PM 05/01/01 s0344c-10m0a
SENATE AMENDMENT Bill No. SB 344 Amendment No. ___ Barcode 265016 1 (4) To prepare and issue reports, recommendations, and 2 proposed orders to the commission, the Governor, and the 3 Legislature on any matter or subject within the jurisdiction 4 of the commission, and to make such recommendations as he or 5 she deems appropriate for legislation relative to commission 6 procedures, rules, jurisdiction, personnel, and functions; and 7 (5) To appear before other state agencies, federal 8 agencies, and state and federal courts in connection with 9 matters under the jurisdiction of the commission, in the name 10 of the state or its citizens. 11 Section 3. Section 367.0816, Florida Statutes, is 12 amended to read: 13 367.0816 Recovery of rate case expenses.--The amount 14 of rate case expense determined by the commission pursuant to 15 the provisions of this chapter to be recovered through a 16 public utilities rate shall be apportioned for recovery over a 17 period of 4 years. At the conclusion of the recovery period, 18 the rate of the public utility shall be reduced immediately by 19 the amount of rate case expense previously included in rates. 20 Section 4. This act shall take effect upon becoming a 21 law. 22 23 24 ================ T I T L E A M E N D M E N T =============== 25 And the title is amended as follows: 26 Delete everything before the enacting clause 27 28 and insert: 29 A bill to be entitled 30 An act relating to water and wastewater 31 systems; amending s. 367.171, F.S.; deleting 3 8:36 PM 05/01/01 s0344c-10m0a
SENATE AMENDMENT Bill No. SB 344 Amendment No. ___ Barcode 265016 1 the requirement that county rate proceedings 2 follow certain provisions of the Administrative 3 Procedure Act; amending s. 350.0611, F.S.; 4 requiring the Public Counsel to provide legal 5 representation in proceedings before counties 6 under certain circumstances; amending s. 7 367.0816, F.S.; requiring a reduction in the 8 rate case expense that is apportioned by a 9 public utility at the conclusion of the 10 recovery period; providing an effective date. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 8:36 PM 05/01/01 s0344c-10m0a