Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 1488
Barcode 770598
CHAMBER ACTION
Senate House
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11 Senator Klein moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 66, between lines 8 and 9,
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16 insert:
17 Section 24. Section 350.061, Florida Statutes, is
18 transferred, renumbered as section 11.402, Florida Statutes,
19 and amended to read:
20 11.402 350.061 Public Counsel; appointment; oath;
21 restrictions on Public Counsel and his or her employees.--
22 (1) The Joint Legislative Auditing Committee shall
23 appoint a Public Counsel by majority vote of the members of
24 the committee to represent the general public of Florida
25 before the Florida Public Service Commission and the Office of
26 Insurance Regulation. The Public Counsel shall be an attorney
27 admitted to practice before the Florida Supreme Court and
28 shall serve at the pleasure of the Joint Legislative Auditing
29 Committee, subject to annual reconfirmation by the committee.
30 Vacancies in the office shall be filled in the same manner as
31 the original appointment.
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 1488
Barcode 770598
1 (2) The Public Counsel shall take and subscribe to the
2 oath of office required of state officers by the State
3 Constitution.
4 (3) No officer or full-time employee of the Public
5 Counsel shall actively engage in any other business or
6 profession; serve as the representative of any political party
7 or on any executive committee or other governing body thereof;
8 serve as an executive, officer, or employee of any political
9 party, committee, organization, or association; receive
10 remuneration for activities on behalf of any candidate for
11 public office; or engage on behalf of any candidate for public
12 office in the solicitation of votes or other activities in
13 behalf of such candidacy. Neither the Public Counsel nor any
14 employee of the Public Counsel shall become a candidate for
15 election to public office unless he or she shall first resign
16 from his or her office or employment.
17 Section 25. Section 350.0611, Florida Statutes, is
18 transferred, renumbered as section 11.403, Florida Statutes,
19 and amended to read:
20 11.403 350.0611 Public Counsel; duties and powers.--It
21 shall be the duty of the Public Counsel to provide legal
22 representation for the people of the state in proceedings
23 before the Public Service Commission and the Office of
24 Insurance Regulation and in proceedings before counties
25 pursuant to s. 367.171(8). The Public Counsel shall have such
26 powers as are necessary to carry out the duties of his or her
27 office, including, but not limited to, the following specific
28 powers:
29 (1) To recommend to the Public Service Commission or
30 the counties, by petition, the commencement of any proceeding
31 or action or to appear, in the name of the state or its
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 1488
Barcode 770598
1 citizens, in any proceeding or action before the commission or
2 the counties.
3 (2) To recommend to the Office of Insurance
4 Regulation, by petition, the commencement of, and to appear in
5 the name of the state or its citizens in, any proceeding or
6 action before the office relating to:
7 (a) Rules governing residential property insurance; or
8 (b) Rate filings for residential property insurance
9 which, pursuant to standards determined by the office, request
10 an average statewide rate increase of 10 percent or greater as
11 compared to the current rates in effect or the rates in effect
12 12 months prior to the proposed effective date.
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14 The Public Counsel may not stay any final order of the Office
15 of Insurance Regulation.
16 (3) To and urge in any proceeding or action to which
17 he or she is a party therein any position that which he or she
18 deems to be in the public interest, whether consistent or
19 inconsistent with positions previously adopted by the
20 commission, or the counties, or the office, and utilize
21 therein all forms of discovery available to attorneys in civil
22 actions generally, subject to protective orders of the
23 commission, or the counties, or the office, which shall be
24 reviewable by summary procedure in the circuit courts of this
25 state.;
26 (4)(2) To have access to and use of all files,
27 records, and data of the commission, or the counties, or the
28 office available to any other attorney representing parties in
29 a proceeding before the commission, or the counties, or the
30 office.;
31 (5)(3) In any proceeding in which he or she has
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 1488
Barcode 770598
1 participated as a party, to seek review of any determination,
2 finding, or order of the commission, or the counties, or the
3 office, or of any hearing examiner designated by the
4 commission, or the counties, or the office, in the name of the
5 state or its citizens.;
6 (6)(4) To prepare and issue reports, recommendations,
7 and proposed orders to the commission or office, the Governor,
8 and the Legislature on any matter or subject within the
9 jurisdiction of the commission or office, and to make such
10 recommendations as he or she deems appropriate for legislation
11 relative to commission or office procedures, rules,
12 jurisdiction, personnel, and functions.; and
13 (7)(5) To appear before other state agencies, federal
14 agencies, and state and federal courts in connection with
15 matters under the jurisdiction of the commission or office, in
16 the name of the state or its citizens.
17 Section 26. Section 350.0612, Florida Statutes, is
18 transferred, renumbered as section 11.404, Florida Statutes,
19 and amended to read:
20 11.404 350.0612 Public Counsel; location.--The Public
21 Counsel shall maintain his or her office in Leon County on the
22 premises of the commission or, if suitable space there cannot
23 be provided, at such other place convenient to the offices of
24 the Public Services Commission or the Office of Insurance
25 Regulation commissioners as will enable him or her to carry
26 out expeditiously the duties and functions of his or her
27 office.
28 Section 27. Section 350.0613, Florida Statutes, is
29 transferred, renumbered as section 11.405, Florida Statutes,
30 and amended to read:
31 11.405 350.0613 Public Counsel; employees; receipt of
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 1488
Barcode 770598
1 pleadings.--The Joint Legislative Auditing Committee may
2 authorize the Public Counsel to employ clerical and technical
3 assistants whose qualifications, duties, and responsibilities
4 the committee shall from time to time prescribe. The committee
5 may from time to time authorize retention of the services of
6 additional attorneys, actuaries, economists, or experts to the
7 extent that the best interests of the people of the state will
8 be better served thereby, including the retention of expert
9 witnesses and other technical personnel for participation in
10 contested proceedings before the Public Service Commission or
11 Office of Insurance Regulation. The commission shall furnish
12 the Public Counsel with copies of the initial pleadings in all
13 proceedings before the commission. The office shall furnish
14 the Public Counsel with copies of all filings that relate to
15 the jurisdiction of the Public Counsel pursuant to s.
16 11.403(2)., and If the Public Counsel intervenes as a party in
17 any proceeding he or she shall be served with copies of all
18 subsequent pleadings, exhibits, and prepared testimony, if
19 used. Upon filing notice of intervention, the Public Counsel
20 shall serve all interested parties with copies of such notice
21 and all of his or her subsequent pleadings and exhibits.
22 Section 28. Section 350.0614, Florida Statutes, is
23 transferred, renumbered as section 11.406, Florida Statutes,
24 and amended to read:
25 11.406 350.0614 Public Counsel; compensation and
26 expenses.--
27 (1) The salaries and expenses of the Public Counsel
28 and his or her employees shall be allocated by the committee
29 only from moneys appropriated to the Public Counsel by the
30 Legislature.
31 (2) The Legislature hereby declares and determines
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 1488
Barcode 770598
1 that the Public Counsel is under the legislative branch of
2 government within the intention of the legislation as
3 expressed in chapter 216, and no power shall be in the
4 Executive Office of the Governor or its successor to release
5 or withhold funds appropriated to it, but the same shall be
6 available for expenditure as provided by law and the rules or
7 decisions of the Joint Auditing Committee.
8 (3) Neither the Executive Office of the Governor nor
9 the Department of Management Services or its successor shall
10 have power to determine the number, or fix the compensation,
11 of the employees of the Public Counsel or to exercise any
12 manner of control over them.
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14 (Redesignate subsequent sections.)
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17 ================ T I T L E A M E N D M E N T ===============
18 And the title is amended as follows:
19 On page 5, line 15, after the semicolon,
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21 insert:
22 transferring, renumbering, and amending ss.
23 350.061, 350.0611, 350.0612, 350.0613, and
24 350.0614, F.S.; authorizing the Public Counsel
25 to represent the general public before the
26 Office of Insurance Regulation; including
27 certain proceedings related to rules and rate
28 filings for residential property insurance;
29 authorizing the Public Counsel to have access
30 to files of the office, to seek review of
31 orders of the office, to issue reports,
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 1488
Barcode 770598
1 recommendations, and proposed orders to the
2 office; specifying where the Public Counsel
3 shall maintain his or her office; authorizing
4 the Joint Legislative Auditing Committee to
5 authorize the Public Counsel to employ certain
6 types of employees; requiring the Office of
7 Insurance Regulation to provide copies of
8 certain filings to the Public Counsel;
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