House Bill hb0041c1

    Florida House of Representatives - 2001               CS/HB 41

        By the Committee on Local Government & Veterans Affairs
    and Representative Argenziano





  1                      A bill to be entitled

  2         An act relating to water and wastewater

  3         systems; repealing s. 13 of ch. 2000-350, Laws

  4         of Florida, which requires county rate

  5         proceedings to follow certain provisions of the

  6         Administrative Procedure Act; amending s.

  7         350.0611, F.S.; requiring the Public Counsel to

  8         provide legal representation in proceedings

  9         before counties under certain circumstances;

10         providing an effective date.

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

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14         Section 1.  Section 13 of chapter 2000-350, Laws of

15  Florida, is repealed.

16         Section 2.  Section 350.0611, Florida Statutes, is

17  amended to read:

18         350.0611  Public Counsel; duties and powers.--It shall

19  be the duty of the Public Counsel to provide legal

20  representation for the people of the state in proceedings

21  before the commission and in proceedings before counties

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

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

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

25  powers:

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

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

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

29  before the commission and urge therein any position which he

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

31  or inconsistent with positions previously adopted by the

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






    Florida House of Representatives - 2001               CS/HB 41

    171-651-01






  1  commission, and utilize therein all forms of discovery

  2  available to attorneys in civil actions generally, subject to

  3  protective orders of the commission which shall be reviewable

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

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

  6  and data of the commission available to any other attorney

  7  representing parties in a proceeding before the commission;

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

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

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

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

12  state or its citizens;

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

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

15  Legislature on any matter or subject within the jurisdiction

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

17  she deems appropriate for legislation relative to commission

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

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

20  agencies, and state and federal courts in connection with

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

22  of the state or its citizens.

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

24  law.

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