(LATE FILED)	Amendment
Bill No. 1937

Amendment No. 216501

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

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