Senate Bill sb1228

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    Florida Senate - 2006                                  SB 1228

    By Senator Argenziano





    3-576-06

  1                      A bill to be entitled

  2         An act relating to the Public Counsel; amending

  3         s. 350.061, F.S.; transferring responsibility

  4         for appointing the Public Counsel from the

  5         Committee on Public Service Commission

  6         Oversight to the Attorney General; amending s.

  7         350.0613, F.S.; providing authority of the

  8         Department of Legal Affairs with respect to

  9         employees of the Public Counsel and their

10         qualifications and to the retention of

11         attorneys and experts; amending s. 350.0614,

12         F.S.; deleting a declaration that the Public

13         Counsel is part of the legislative branch;

14         providing duties of the Department of Legal

15         Affairs with respect to allocation of salaries

16         and expenses of the Public Counsel and

17         employees; amending s. 112.324, F.S.;

18         prescribing authority of the Attorney General

19         in cases reported by the Commission on Ethics

20         regarding the Public Counsel or an employee

21         thereof; providing an effective date.

22  

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

24  

25         Section 1.  Subsection (1) of section 350.061, Florida

26  Statutes, is amended to read:

27         350.061  Public Counsel; appointment; oath;

28  restrictions on Public Counsel and his or her employees.--

29         (1)  The Attorney General Committee on Public Service

30  Commission Oversight shall appoint a Public Counsel by

31  majority vote of the members of the committee to represent the

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    Florida Senate - 2006                                  SB 1228
    3-576-06




 1  general public of Florida before the Florida Public Service

 2  Commission. The Public Counsel must shall be an attorney

 3  admitted to practice before the Florida Supreme Court and

 4  shall serve at the pleasure of the Attorney General Committee

 5  on Public Service Commission Oversight, subject to biennial

 6  reconfirmation by the committee. The Public Counsel shall

 7  perform his or her duties independently. Vacancies in the

 8  office shall be filled in the same manner as the original

 9  appointment.

10         Section 2.  Section 350.0613, Florida Statutes, is

11  amended to read:

12         350.0613  Public Counsel; employees; receipt of

13  pleadings.--The Department of Legal Affairs committee may

14  authorize the Public Counsel to employ clerical and technical

15  assistants whose qualifications, duties, and responsibilities

16  the Department of Legal Affairs committee shall from time to

17  time prescribe. The Department of Legal Affairs committee may

18  from time to time authorize retention of the services of

19  additional attorneys or experts to the extent that the best

20  interests of the people of the state will be better served

21  thereby, including the retention of expert witnesses and other

22  technical personnel for participation in contested proceedings

23  before the commission.  The commission shall furnish the

24  Public Counsel with copies of the initial pleadings in all

25  proceedings before the commission, and if the Public Counsel

26  intervenes as a party in any proceeding he or she shall be

27  served with copies of all subsequent pleadings, exhibits, and

28  prepared testimony, if used. Upon filing notice of

29  intervention, the Public Counsel shall serve all interested

30  parties with copies of such notice and all of his or her

31  subsequent pleadings and exhibits.

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    Florida Senate - 2006                                  SB 1228
    3-576-06




 1         Section 3.  Section 350.0614, Florida Statutes, is

 2  amended to read:

 3         350.0614  Public Counsel; compensation and expenses.--

 4         (1)  The salaries and expenses of the Public Counsel

 5  and his or her employees shall be allocated by the Department

 6  of Legal Affairs committee only from moneys appropriated to

 7  the Public Counsel by the Legislature.

 8         (2)  The Legislature declares and determines that the

 9  Public Counsel is under the legislative branch of government

10  within the intention of the legislation as expressed in

11  chapter 216, and no power shall be in the Executive Office of

12  the Governor or its successor to release or withhold funds

13  appropriated to it, but the same shall be available for

14  expenditure as provided by law and the rules or decisions of

15  the Committee on Public Service Commission Oversight.

16         (2)(3)  Neither the Executive Office of the Governor

17  nor the Department of Management Services or its successor

18  shall have power to determine the number, or fix the

19  compensation, of the employees of the Public Counsel or to

20  exercise any manner of control over them.

21         Section 4.  Subsection (8) of section 112.324, Florida

22  Statutes, is amended to read:

23         112.324  Procedures on complaints of violations; public

24  records and meeting exemptions.--

25         (8)  If, in cases pertaining to complaints other than

26  complaints against impeachable officers or members of the

27  Legislature, upon completion of a full and final investigation

28  by the commission, the commission finds that there has been a

29  violation of this part or of s. 8, Art. II of the State

30  Constitution, it shall be the duty of the commission to report

31  its findings and recommend appropriate action to the proper

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    Florida Senate - 2006                                  SB 1228
    3-576-06




 1  disciplinary official or body as follows, and such official or

 2  body shall have the power to invoke the penalty provisions of

 3  this part, including the power to order the appropriate

 4  elections official to remove a candidate from the ballot for a

 5  violation of s. 112.3145 or s. 8(a) and (i), Art. II of the

 6  State Constitution:

 7         (a)  The President of the Senate and the Speaker of the

 8  House of Representatives, jointly, in any case concerning the

 9  Public Counsel, members of the Public Service Commission,

10  members of the Public Service Commission Nominating Council,

11  the Auditor General, the director of the Office of Program

12  Policy Analysis and Government Accountability, or members of

13  the Legislative Committee on Intergovernmental Relations.

14         (b)  The Supreme Court, in any case concerning an

15  employee of the judicial branch.

16         (c)  The President of the Senate, in any case

17  concerning an employee of the Senate; the Speaker of the House

18  of Representatives, in any case concerning an employee of the

19  House of Representatives; or the President and the Speaker,

20  jointly, in any case concerning an employee of a committee of

21  the Legislature whose members are appointed solely by the

22  President and the Speaker or in any case concerning an

23  employee of the Public Counsel, Public Service Commission,

24  Auditor General, Office of Program Policy Analysis and

25  Government Accountability, or Legislative Committee on

26  Intergovernmental Relations.

27         (d)  Except as otherwise provided by this part, the

28  Governor, in the case of any other public officer, public

29  employee, former public officer or public employee, candidate,

30  or former candidate.

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    Florida Senate - 2006                                  SB 1228
    3-576-06




 1         (e)  The President of the Senate or the Speaker of the

 2  House of Representatives, whichever is applicable, in any case

 3  concerning a former member of the Legislature who has violated

 4  a provision applicable to former members or whose violation

 5  occurred while a member of the Legislature.

 6         (f)  The Attorney General in any case concerning the

 7  Public Counsel or an employee of the Public Counsel.

 8         Section 5.  This act shall take effect January 1, 2007.

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11                          SENATE SUMMARY

12    Transfers the responsibility for appointing and removing
      the Public Counsel from the Committee on Public Service
13    Commission Oversight to the Attorney General and
      functions relating to personnel in the Public Counsel's
14    office and their salary and qualifications to the
      Department of Legal Affairs.
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