House Bill hb0041e2

                                        CS/HB 41, Second Engrossed



  1                      A bill to be entitled

  2         An act relating to water and wastewater

  3         systems; amending s. 367.171, F.S.; deleting

  4         the requirement that county rate proceedings to

  5         follow certain provisions of the Administrative

  6         Procedure Act; amending s. 350.0611, F.S.;

  7         requiring the Public Counsel to provide legal

  8         representation in proceedings before counties

  9         under certain circumstances; recovery of rate

10         case expenses; 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.  Subsection (8) of section 367.171, Florida

15  Statutes, is amended to read:

16         367.171  Effectiveness of this chapter.--

17         (8)  Each county which is excluded from the provisions

18  of this chapter shall regulate the rates of all utilities in

19  that county which would otherwise be subject to regulation by

20  the commission pursuant to s. 367.081(1), (2), (3), and (6).

21  The county shall not regulate the rates or charges of any

22  system or facility which would otherwise be exempt from

23  commission regulation pursuant to s. 367.022(2).  For this

24  purpose the county or its agency shall proceed as though the

25  county or agency is the commission. In all proceedings

26  conducted by a county or its agency under the authority of

27  this chapter, the provisions of ss. 120.569 and 120.57 shall

28  apply.

29         Section 2.  Section 350.0611, Florida Statutes, is

30  amended to read:

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                                        CS/HB 41, Second Engrossed



  1         350.0611  Public Counsel; duties and powers.--It shall

  2  be the duty of the Public Counsel to provide legal

  3  representation for the people of the state in proceedings

  4  before the commission and in proceedings before counties

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

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

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

  8  powers:

  9         (1)  To recommend to the commission or the counties, by

10  petition, the commencement of any proceeding or action or to

11  appear, in the name of the state or its citizens, in any

12  proceeding or action before the commission or the counties and

13  urge therein any position which he or she deems to be in the

14  public interest, whether consistent or inconsistent with

15  positions previously adopted by the commission or the

16  counties, and utilize therein all forms of discovery available

17  to attorneys in civil actions generally, subject to protective

18  orders of the commission or the counties which shall be

19  reviewable by summary procedure in the circuit courts of this

20  state;

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

22  and data of the commission or the counties available to any

23  other attorney representing parties in a proceeding before the

24  commission or the counties;

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

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

27  finding, or order of the commission or the counties, or of any

28  hearing examiner designated by the commission or the counties,

29  in the name of the state or its citizens;

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

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


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                                        CS/HB 41, Second Engrossed



  1  Legislature on any matter or subject within the jurisdiction

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

  3  she deems appropriate for legislation relative to commission

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

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

  6  agencies, and state and federal courts in connection with

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

  8  of the state or its citizens.

  9         Section 3.  Section 367.0816, Florida Statutes, is

10  amended to read:

11         367.0816  Recovery of rate case expenses.--The amount

12  of rate case expense determined by the commission pursuant to

13  the provisions of this chapter to be recovered through a

14  public utilities rate shall be apportioned for recovery over a

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

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

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

18         Section 4.  This act shall take effect upon becoming a

19  law.

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