Senate Bill sb1542c1

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    Florida Senate - 2006                           CS for SB 1542

    By the Committee on Communications and Public Utilities; and
    Senators Constantine and Argenziano




    579-1858-06

  1                      A bill to be entitled

  2         An act relating to the Public Counsel; amending

  3         s. 350.0611, F.S.; providing additional

  4         authority to the Public Counsel, including the

  5         authority to provide legal representation to,

  6         and to appear on behalf of, the state and its

  7         political subdivisions as consumers of

  8         communications services and utility services,

  9         to receive, investigate, and take legal action

10         upon complaints involving communications

11         services not regulated by the Public Service

12         Commission, to appear before state and federal

13         agencies to enhance terms and conditions of

14         utility and communications services, and to

15         analyze and report on pending legislation

16         relevant to utility and communications

17         services; providing an effective date.

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

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21         Section 1.  Section 350.0611, Florida Statutes, is

22  amended to read:

23         350.0611  Public Counsel; duties and powers.--It shall

24  be the duty of the Public Counsel to provide legal

25  representation for the people of the state in proceedings

26  before the commission and in proceedings before counties

27  pursuant to s. 367.171(8) and to provide legal representation

28  to the State of Florida and its political subdivisions in

29  their capacity as consumers of communications services and

30  utility services. The Public Counsel shall have such powers as

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    Florida Senate - 2006                           CS for SB 1542
    579-1858-06




 1  are necessary to carry out the duties of his or her office,

 2  including, but not limited to, the following specific powers:

 3         (1)  To recommend to the commission or the counties, by

 4  petition, the commencement of any proceeding or action or to

 5  appear, in the name of the state or its citizens, in any

 6  proceeding or action before the commission or the counties and

 7  urge therein any position which he or she deems to be in the

 8  public interest, whether consistent or inconsistent with

 9  positions previously adopted by the commission or the

10  counties, and utilize therein all forms of discovery available

11  to attorneys in civil actions generally, subject to protective

12  orders of the commission or the counties which shall be

13  reviewable by summary procedure in the circuit courts of this

14  state.;

15         (2)  To have access to and use of all files, records,

16  and data of the commission or the counties available to any

17  other attorney representing parties in a proceeding before the

18  commission or the counties.;

19         (3)  In any proceeding in which he or she has

20  participated as a party, to seek review of any determination,

21  finding, or order of the commission or the counties, or of any

22  hearing examiner designated by the commission or the counties,

23  in the name of the state or its citizens.;

24         (4)  To prepare and issue reports, recommendations, and

25  proposed orders to the commission, the Governor, and the

26  Legislature on any matter or subject within the jurisdiction

27  of the commission, and to make such recommendations as he or

28  she deems appropriate for legislation relative to commission

29  procedures, rules, jurisdiction, personnel, and functions.;

30  and

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    Florida Senate - 2006                           CS for SB 1542
    579-1858-06




 1         (5)  To appear before other state agencies, federal

 2  agencies, and state and federal courts in connection with

 3  matters under the jurisdiction of the commission, in the name

 4  of the state or its citizens, and on behalf of the State of

 5  Florida and its political subdivisions in their capacity as

 6  consumers of communications services and utility services.

 7         (6)  To receive and investigate complaints concerning

 8  communications services, as that term is defined in s.

 9  202.11(2), involving quality of service, consumer contract

10  disputes, and other matters not regulated by the Public

11  Service Commission. If the Public Counsel believes the

12  practice forming the basis of a complaint constitutes an

13  unfair or deceptive trade practice or other unlawful practice

14  as defined in s. 501.204, either standing on its own or when

15  considered with other similar, actual practices or potentially

16  systemic practices, the Public Counsel may appear in the name

17  of the residents of the State of Florida to petition the

18  Circuit Court of Leon County, or any other circuit court of

19  the state in which the practice was identified, to enjoin the

20  practice as an unfair and deceptive trade practice, and to

21  petition for a judgment for actual damages for aggrieved

22  consumers, for civil penalties of not more than $10,000 for

23  each willful unfair and deceptive trade practice, and to

24  recover attorney's fees and costs of investigation and court

25  costs. Any moneys collected under this subsection, other than

26  moneys recovered for consumer damages, shall be deposited as

27  received into the General Revenue Fund unallocated.

28         (7)  To appear before state and federal agencies,

29  including, but not limited to, the Florida Public Service

30  Commission, the Department of Environmental Protection, the

31  Department of Community Affairs, the Federal Energy Regulatory

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    Florida Senate - 2006                           CS for SB 1542
    579-1858-06




 1  Commission, the Federal Communications Commission, and the

 2  Federal Trade Commission, in the name of the state or its

 3  residents, and on behalf of the State of Florida and its

 4  political subdivisions in their capacity as consumers of

 5  communications services and utility services, for any purpose

 6  that in the discretion of the Public Counsel would enhance

 7  terms and conditions of utility and communications services

 8  afforded to the residents of the State of Florida or to the

 9  state or its political subdivisions as consumers or would lead

10  to more affordable rates charged by utility and communications

11  providers. The Public Counsel may also challenge any fee, tax,

12  or other assessment levied by any state or federal authority

13  which the Public Counsel believes materially inimical to the

14  affordability of utility and communications provided to

15  Florida residents or to the State of Florida as a consumer.

16         (8)  To analyze all pending legislation during each

17  legislative session which is relevant to the provision of

18  utility and communications services in the state and prepare

19  and submit to the President of the Senate and the Speaker of

20  the House of Representatives, as well as the substantive

21  committees, periodic reports that include, but need not be

22  limited to, the likely effect of pending legislation on

23  conditions of service and the affordability of rates charged

24  for utility and communications services provided in the state.

25         Section 2.  This act shall take effect upon becoming a

26  law.

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    Florida Senate - 2006                           CS for SB 1542
    579-1858-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                             SB 1542

 3                                 

 4  The Committee Substitute for Senate Bill 1542 authorizes the
    Public Counsel to:
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    -represent the state and its political subdivisions in their
 6  capacity as communications services and utility services
    consumers;
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    -receive, investigate, and take legal action upon complaints
 8  involving communications services not regulated by the Public
    Service Commission;
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    -appear before state and federal agencies to enhance terms and
10  conditions of utility and communications services; and

11  -analyze and report on pending legislation relevant to the
    utility and communications services.
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