| 1 | Representative(s) Gannon offered the following: |
| 2 | Amendment (with title amendment) |
| 3 | Between lines 124 and 125, insert: |
| 4 | Section 1. Section 350.061, Florida Statutes, is |
| 5 | transferred, renumbered as section 11.402, Florida Statutes, and |
| 6 | amended to read: |
| 7 | 11.402 350.061 Public Counsel; appointment; oath; |
| 8 | restrictions on Public Counsel and his or her employees.-- |
| 9 | (1) The Joint Legislative Auditing Committee shall appoint |
| 10 | a Public Counsel by majority vote of the members of the |
| 11 | committee to represent the general public of Florida before the |
| 12 | Florida Public Service Commission and the Office of Insurance |
| 13 | Regulation. The Public Counsel shall be an attorney admitted to |
| 14 | practice before the Florida Supreme Court and shall serve at the |
| 15 | pleasure of the Joint Legislative Auditing Committee, subject to |
| 16 | annual reconfirmation by the committee. Vacancies in the office |
| 17 | shall be filled in the same manner as the original appointment. |
| 18 | (2) The Public Counsel shall take and subscribe to the |
| 19 | oath of office required of state officers by the State |
| 20 | Constitution. |
| 21 | (3) No officer or full-time employee of the Public Counsel |
| 22 | shall actively engage in any other business or profession; serve |
| 23 | as the representative of any political party or on any executive |
| 24 | committee or other governing body thereof; serve as an |
| 25 | executive, officer, or employee of any political party, |
| 26 | committee, organization, or association; receive remuneration |
| 27 | for activities on behalf of any candidate for public office; or |
| 28 | engage on behalf of any candidate for public office in the |
| 29 | solicitation of votes or other activities in behalf of such |
| 30 | candidacy. Neither the Public Counsel nor any employee of the |
| 31 | Public Counsel shall become a candidate for election to public |
| 32 | office unless he or she shall first resign from his or her |
| 33 | office or employment. |
| 34 | Section 2. Section 350.0611, Florida Statutes, is |
| 35 | transferred, renumbered as section 11.403, Florida Statutes, and |
| 36 | amended to read: |
| 37 | 11.403 350.0611 Public Counsel; duties and powers.--It |
| 38 | shall be the duty of the Public Counsel to provide legal |
| 39 | representation for the people of the state in proceedings before |
| 40 | the Public Service Commission and the Office of Insurance |
| 41 | Regulation and in proceedings before counties pursuant to s. |
| 42 | 367.171(8). The Public Counsel shall have such powers as are |
| 43 | necessary to carry out the duties of his or her office, |
| 44 | including, but not limited to, the following specific powers: |
| 45 | (1) To recommend to the Public Service Commission or the |
| 46 | counties, by petition, the commencement of any proceeding or |
| 47 | action or to appear, in the name of the state or its citizens, |
| 48 | in any proceeding or action before the commission or the |
| 49 | counties. |
| 50 | (2) To recommend to the Office of Insurance Regulation, by |
| 51 | petition, the commencement of, and to appear in the name of the |
| 52 | state or its citizens in, any proceeding or action before the |
| 53 | office relating to: |
| 54 | (a) Rules governing residential property insurance; or |
| 55 | (b) Rate filings for residential property insurance which, |
| 56 | pursuant to standards determined by the office, request an |
| 57 | average statewide rate increase of 10 percent or greater as |
| 58 | compared to the current rates in effect or the rates in effect |
| 59 | 12 months prior to the proposed effective date. |
| 60 |
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| 61 | The Public Counsel may not stay any final order of the Office of |
| 62 | Insurance Regulation. |
| 63 | (3) To and urge in any proceeding or action to which he or |
| 64 | she is a party therein any position that which he or she deems |
| 65 | to be in the public interest, whether consistent or inconsistent |
| 66 | with positions previously adopted by the commission, or the |
| 67 | counties, or the office, and utilize therein all forms of |
| 68 | discovery available to attorneys in civil actions generally, |
| 69 | subject to protective orders of the commission, or the counties, |
| 70 | or the office, which shall be reviewable by summary procedure in |
| 71 | the circuit courts of this state.; |
| 72 | (4)(2) To have access to and use of all files, records, |
| 73 | and data of the commission, or the counties, or the office |
| 74 | available to any other attorney representing parties in a |
| 75 | proceeding before the commission, or the counties, or the |
| 76 | office.; |
| 77 | (5)(3) In any proceeding in which he or she has |
| 78 | participated as a party, to seek review of any determination, |
| 79 | finding, or order of the commission, or the counties, or the |
| 80 | office, or of any hearing examiner designated by the commission, |
| 81 | or the counties, or the office, in the name of the state or its |
| 82 | citizens.; |
| 83 | (6)(4) To prepare and issue reports, recommendations, and |
| 84 | proposed orders to the commission or office, the Governor, and |
| 85 | the Legislature on any matter or subject within the jurisdiction |
| 86 | of the commission or office, and to make such recommendations as |
| 87 | he or she deems appropriate for legislation relative to |
| 88 | commission or office procedures, rules, jurisdiction, personnel, |
| 89 | and functions.; and |
| 90 | (7)(5) To appear before other state agencies, federal |
| 91 | agencies, and state and federal courts in connection with |
| 92 | matters under the jurisdiction of the commission or office, in |
| 93 | the name of the state or its citizens. |
| 94 | Section 3. Section 350.0612, Florida Statutes, is |
| 95 | transferred, renumbered as section 11.404, Florida Statutes, and |
| 96 | amended to read: |
| 97 | 11.404 350.0612 Public Counsel; location.--The Public |
| 98 | Counsel shall maintain his or her office in Leon County on the |
| 99 | premises of the commission or, if suitable space there cannot be |
| 100 | provided, at such other place convenient to the offices of the |
| 101 | Public Service Commission or the Office of Insurance Regulation |
| 102 | commissioners as will enable him or her to carry out |
| 103 | expeditiously the duties and functions of his or her office. |
| 104 | Section 4. Section 350.0613, Florida Statutes, is |
| 105 | transferred, renumbered as section 11.405, Florida Statutes, and |
| 106 | amended to read: |
| 107 | 11.405 350.0613 Public Counsel; employees; receipt of |
| 108 | pleadings.--The Joint Legislative Auditing Committee may |
| 109 | authorize the Public Counsel to employ clerical and technical |
| 110 | assistants whose qualifications, duties, and responsibilities |
| 111 | the committee shall from time to time prescribe. The committee |
| 112 | may from time to time authorize retention of the services of |
| 113 | additional attorneys, actuaries, economists, or experts to the |
| 114 | extent that the best interests of the people of the state will |
| 115 | be better served thereby, including the retention of expert |
| 116 | witnesses and other technical personnel for participation in |
| 117 | contested proceedings before the Public Service Commission or |
| 118 | Office of Insurance Regulation. The commission shall furnish the |
| 119 | Public Counsel with copies of the initial pleadings in all |
| 120 | proceedings before the commission. The office shall furnish the |
| 121 | Public Counsel with copies of all filings that relate to the |
| 122 | jurisdiction of the Public Counsel pursuant to s. 11.403(2)., |
| 123 | and If the Public Counsel intervenes as a party in any |
| 124 | proceeding he or she shall be served with copies of all |
| 125 | subsequent pleadings, exhibits, and prepared testimony, if used. |
| 126 | Upon filing notice of intervention, the Public Counsel shall |
| 127 | serve all interested parties with copies of such notice and all |
| 128 | of his or her subsequent pleadings and exhibits. |
| 129 | Section 5. Section 350.0614, Florida Statutes, is |
| 130 | transferred, renumbered as section 11.406, Florida Statutes, and |
| 131 | amended to read: |
| 132 | 11.406 350.0614 Public Counsel; compensation and |
| 133 | expenses.-- |
| 134 | (1) The salaries and expenses of the Public Counsel and |
| 135 | his or her employees shall be allocated by the committee only |
| 136 | from moneys appropriated to the Public Counsel by the |
| 137 | Legislature. |
| 138 | (2) The Legislature hereby declares and determines that |
| 139 | the Public Counsel is under the legislative branch of government |
| 140 | within the intention of the legislation as expressed in chapter |
| 141 | 216, and no power shall be in the Executive Office of the |
| 142 | Governor or its successor to release or withhold funds |
| 143 | appropriated to it, but the same shall be available for |
| 144 | expenditure as provided by law and the rules or decisions of the |
| 145 | Joint Auditing Committee. |
| 146 | (3) Neither the Executive Office of the Governor nor the |
| 147 | Department of Management Services or its successor shall have |
| 148 | power to determine the number, or fix the compensation, of the |
| 149 | employees of the Public Counsel or to exercise any manner of |
| 150 | control over them. |
| 151 | Section 6. Paragraph (b) of subsection (1) of section |
| 152 | 112.3145, Florida Statutes, is amended to read: |
| 153 | 112.3145 Disclosure of financial interests and clients |
| 154 | represented before agencies.-- |
| 155 | (1) For purposes of this section, unless the context |
| 156 | otherwise requires, the term: |
| 157 | (b) "Specified state employee" means: |
| 158 | 1. Public counsel created by chapter 11 350, an assistant |
| 159 | state attorney, an assistant public defender, a full-time state |
| 160 | employee who serves as counsel or assistant counsel to any state |
| 161 | agency, the Deputy Chief Judge of Compensation Claims, a judge |
| 162 | of compensation claims, an administrative law judge, or a |
| 163 | hearing officer. |
| 164 | 2. Any person employed in the office of the Governor or in |
| 165 | the office of any member of the Cabinet if that person is exempt |
| 166 | from the Career Service System, except persons employed in |
| 167 | clerical, secretarial, or similar positions. |
| 168 | 3. Each appointed secretary, assistant secretary, deputy |
| 169 | secretary, executive director, assistant executive director, or |
| 170 | deputy executive director of each state department, commission, |
| 171 | board, or council; unless otherwise provided, the division |
| 172 | director, assistant division director, deputy director, bureau |
| 173 | chief, and assistant bureau chief of any state department or |
| 174 | division; or any person having the power normally conferred upon |
| 175 | such persons, by whatever title. |
| 176 | 4. The superintendent or institute director of a state |
| 177 | mental health institute established for training and research in |
| 178 | the mental health field or the warden or director of any major |
| 179 | state institution or facility established for corrections, |
| 180 | training, treatment, or rehabilitation. |
| 181 | 5. Business managers, purchasing agents having the power |
| 182 | to make any purchase exceeding the threshold amount provided for |
| 183 | in s. 287.017 for CATEGORY ONE, finance and accounting |
| 184 | directors, personnel officers, or grants coordinators for any |
| 185 | state agency. |
| 186 | 6. Any person, other than a legislative assistant exempted |
| 187 | by the presiding officer of the house by which the legislative |
| 188 | assistant is employed, who is employed in the legislative branch |
| 189 | of government, except persons employed in maintenance, clerical, |
| 190 | secretarial, or similar positions. |
| 191 | 7. Each employee of the Commission on Ethics. |
| 192 |
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| 193 | ================ T I T L E A M E N D M E N T ============= |
| 194 | Remove line 2 and insert: |
| 195 | An act relating to property insurance; transferring, |
| 196 | renumbering, and amending ss. 350.061, 350.0611, 350.0612, |
| 197 | 350.0613, and 350.0614, F.S.; authorizing the Public |
| 198 | Counsel to represent the general public before the Office |
| 199 | of Insurance Regulation; including certain proceedings |
| 200 | related to rules and rate filings for residential property |
| 201 | insurance; authorizing the Public Counsel to have access |
| 202 | to files of the office, to seek review of orders of the |
| 203 | office, and to issue reports, recommendations, and |
| 204 | proposed orders to the office; specifying where the Public |
| 205 | Counsel shall maintain his or her office; authorizing the |
| 206 | Joint Legislative Auditing Committee to authorize the |
| 207 | Public Counsel to employ certain types of employees; |
| 208 | requiring the Office of Insurance Regulation to provide |
| 209 | copies of certain filings to the Public Counsel; amending |
| 210 | s. 112.3145, F.S.; conforming a cross reference; creating |
| 211 | s. |