Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1542
Barcode 573368
CHAMBER ACTION
Senate House
.
.
1 Comm: RCS .
03/14/2006 10:28 AM .
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Communications and Public Utilities
12 (Constantine) recommended the following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Section 350.0611, Florida Statutes, is
19 amended to read:
20 350.0611 Public Counsel; duties and powers.--It shall
21 be the duty of the Public Counsel to provide legal
22 representation for the people of the state in proceedings
23 before the commission and in proceedings before counties
24 pursuant to s. 367.171(8) and to provide legal representation
25 to the State of Florida and its political subdivisions in
26 their capacity as consumers of communications services and
27 utility services. The Public Counsel shall have such powers as
28 are necessary to carry out the duties of his or her office,
29 including, but not limited to, the following specific powers:
30 (1) To recommend to the commission or the counties, by
31 petition, the commencement of any proceeding or action or to
1
8:57 AM 03/13/06 s1542d-cu22-t01
Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1542
Barcode 573368
1 appear, in the name of the state or its citizens, in any
2 proceeding or action before the commission or the counties and
3 urge therein any position which he or she deems to be in the
4 public interest, whether consistent or inconsistent with
5 positions previously adopted by the commission or the
6 counties, and utilize therein all forms of discovery available
7 to attorneys in civil actions generally, subject to protective
8 orders of the commission or the counties which shall be
9 reviewable by summary procedure in the circuit courts of this
10 state.;
11 (2) To have access to and use of all files, records,
12 and data of the commission or the counties available to any
13 other attorney representing parties in a proceeding before the
14 commission or the counties.;
15 (3) In any proceeding in which he or she has
16 participated as a party, to seek review of any determination,
17 finding, or order of the commission or the counties, or of any
18 hearing examiner designated by the commission or the counties,
19 in the name of the state or its citizens.;
20 (4) To prepare and issue reports, recommendations, and
21 proposed orders to the commission, the Governor, and the
22 Legislature on any matter or subject within the jurisdiction
23 of the commission, and to make such recommendations as he or
24 she deems appropriate for legislation relative to commission
25 procedures, rules, jurisdiction, personnel, and functions.;
26 and
27 (5) To appear before other state agencies, federal
28 agencies, and state and federal courts in connection with
29 matters under the jurisdiction of the commission, in the name
30 of the state or its citizens, and on behalf of the State of
31 Florida and its political subdivisions in their capacity as
2
8:57 AM 03/13/06 s1542d-cu22-t01
Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1542
Barcode 573368
1 consumers of communications services and utility services.
2 (6) To receive and investigate complaints concerning
3 communications services, as that term is defined in s.
4 202.11(2), involving quality of service, consumer contract
5 disputes, and other matters not regulated by the Public
6 Service Commission. If the Public Counsel believes the
7 practice forming the basis of a complaint constitutes an
8 unfair or deceptive trade practice or other unlawful practice
9 as defined in s. 501.204, either standing on its own or when
10 considered with other similar, actual practices or potentially
11 systemic practices, the Public Counsel may appear in the name
12 of the residents of the State of Florida to petition the
13 Circuit Court of Leon County, or any other circuit court of
14 the state in which the practice was identified, to enjoin the
15 practice as an unfair and deceptive trade practice, and to
16 petition for a judgment for actual damages for aggrieved
17 consumers, for civil penalties of not more than $10,000 for
18 each willful unfair and deceptive trade practice, and to
19 recover attorney's fees and costs of investigation and court
20 costs. Any moneys collected under this subsection, other than
21 moneys recovered for consumer damages, shall be deposited as
22 received into the General Revenue Fund unallocated.
23 (7) To appear before state and federal agencies,
24 including, but not limited to, the Florida Public Service
25 Commission, the Department of Environmental Protection, the
26 Department of Community Affairs, the Federal Energy Regulatory
27 Commission, the Federal Communications Commission, and the
28 Federal Trade Commission, in the name of the state or its
29 residents, and on behalf of the State of Florida and its
30 political subdivisions in their capacity as consumers of
31 communications services and utility services, for any purpose
3
8:57 AM 03/13/06 s1542d-cu22-t01
Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1542
Barcode 573368
1 that in the discretion of the Public Counsel would enhance
2 terms and conditions of utility and communications services
3 afforded to the residents of the State of Florida or to the
4 state or its political subdivisions as consumers or would lead
5 to more affordable rates charged by utility and communications
6 providers. The Public Counsel may also challenge any fee, tax,
7 or other assessment levied by any state or federal authority
8 which the Public Counsel believes materially inimical to the
9 affordability of utility and communications provided to
10 Florida residents or to the State of Florida as a consumer.
11 (8) To analyze all pending legislation during each
12 legislative session which is relevant to the provision of
13 utility and communications services in the state and prepare
14 and submit to the President of the Senate and the Speaker of
15 the House of Representatives, as well as the substantive
16 committees, periodic reports that include, but need not be
17 limited to, the likely effect of pending legislation on
18 conditions of service and the affordability of rates charged
19 for utility and communications services provided in the state.
20 Section 2. This act shall take effect upon becoming a
21 law.
22
23
24 ================ T I T L E A M E N D M E N T ===============
25 And the title is amended as follows:
26 Delete everything before the enacting clause
27
28 and insert:
29 A bill to be entitled
30 An act relating to the Public Counsel; amending
31 s. 350.0611, F.S.; providing additional
4
8:57 AM 03/13/06 s1542d-cu22-t01
Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1542
Barcode 573368
1 authority to the Public Counsel, including the
2 authority to provide legal representation to,
3 and to appear on behalf of, the state and its
4 political subdivisions as consumers of
5 communications services and utility services,
6 to receive, investigate, and take legal action
7 upon complaints involving communications
8 services not regulated by the Public Service
9 Commission, to appear before state and federal
10 agencies to enhance terms and conditions of
11 utility and communications services, and to
12 analyze and report on pending legislation
13 relevant to utility and communications
14 services; providing an effective date.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
5
8:57 AM 03/13/06 s1542d-cu22-t01