Senate Bill sb0344

    Florida Senate - 2001                                   SB 344

    By Senator Brown-Waite





    10-427-01                                            See HB 41

  1                      A bill to be entitled

  2         An act relating to water and wastewater

  3         systems; reenacting s. 350.0611, F.S., relating

  4         to duties and powers of the Public Counsel;

  5         providing an effective date.

  6

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

  8

  9         Section 1.  Section 350.0611, Florida Statutes, as

10  amended by section 12 of chapter 2000-350, Laws of Florida, is

11  reenacted to read:

12         350.0611  Public Counsel; duties and powers.--It shall

13  be the duty of the Public Counsel to provide legal

14  representation for the people of the state in proceedings

15  before the commission and in proceedings before counties

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

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

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

19  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 - 2001                                   SB 344
    10-427-01                                            See HB 41




  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                          HOUSE SUMMARY

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      Reenacts s. 350.0611, F.S., which requires the Public
25    Counsel to provide legal representation in proceedings
      before counties pursuant to s. 367.171(8), F.S., relating
26    to county regulation of utility rates.

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