Senate Bill sb1542c2
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Florida Senate - 2006 CS for CS for SB 1542
By the Committees on Transportation and Economic Development
Appropriations; Communications and Public Utilities; and
Senators Constantine and Argenziano
606-2155-06
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 within the jurisdiction of the
12 Public Service Commission, to appear before
13 state and federal agencies to enhance terms and
14 conditions of utility and communications
15 services, and to analyze and report on pending
16 legislation relevant to utility and
17 communications services; providing an effective
18 date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 350.0611, Florida Statutes, is
23 amended to read:
24 350.0611 Public Counsel; duties and powers.--It shall
25 be the duty of the Public Counsel to provide legal
26 representation for the people of the state in proceedings
27 before the commission and in proceedings before counties
28 pursuant to s. 367.171(8) and to provide legal representation
29 to the State of Florida and its political subdivisions in
30 their capacity as consumers of communications services and
31 utility services. The Public Counsel shall have such powers as
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Florida Senate - 2006 CS for CS for SB 1542
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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 CS for SB 1542
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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 that involve
8 communications services, as that term is defined in s.
9 202.11(2), and that are not within the jurisdiction of the
10 Public Service Commission. If the Public Counsel believes the
11 practice forming the basis of a complaint constitutes an
12 unfair or deceptive trade practice or other unlawful practice
13 as defined in s. 501.204, either standing on its own or when
14 considered with other similar, actual practices or potentially
15 systemic practices, the Public Counsel may appear in the name
16 of the residents of the State of Florida to petition the
17 Circuit Court of Leon County, or any other circuit court of
18 the state in which the practice was identified, to enjoin the
19 practice as an unfair and deceptive trade practice, and to
20 petition for a judgment for actual damages for aggrieved
21 consumers, for civil penalties of not more than $10,000 for
22 each willful unfair and deceptive trade practice or not more
23 than $15,000 for each willful unfair and deceptive trade
24 practice that meets the criteria of s. 501.2077, and to
25 recover attorney's fees and costs of investigation and court
26 costs. Any moneys collected under this subsection, other than
27 moneys recovered for consumer damages, shall be deposited as
28 received into the General Revenue Fund unallocated.
29 (7) To appear before state and federal agencies,
30 including, but not limited to, the Florida Public Service
31 Commission, the Department of Environmental Protection, the
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Florida Senate - 2006 CS for CS for SB 1542
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1 Department of Community Affairs, the Federal Energy Regulatory
2 Commission, the Federal Communications Commission, and the
3 Federal Trade Commission, in the name of the state or its
4 residents, and on behalf of the State of Florida and its
5 political subdivisions in their capacity as consumers of
6 communications services and utility services, for any purpose
7 that in the discretion of the Public Counsel would enhance
8 terms and conditions of utility and communications services
9 afforded to the residents of the State of Florida or to the
10 state or its political subdivisions as consumers or would lead
11 to more affordable rates charged by utility and communications
12 providers. The Public Counsel may also challenge any fee, tax,
13 or other assessment levied by any state or federal authority
14 which the Public Counsel believes will have a substantial
15 detrimental effect on the utility or communications services
16 provided or on the price charged to Florida residents or to
17 the State of Florida as a consumer.
18 Section 2. This act shall take effect upon becoming a
19 law.
20
21 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
22 CS/Senator Bill 1542
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24 The CS clarifies that the additional consumer protection
authority is for complaints involving matters that are not
25 within the jurisdiction of the Public Service Commission. The
CS adds an enhanced civil penalty for willful unfair and
26 deceptive trade practices involving a senior citizen or
handicapped person. The CS also clarifies the standard for
27 challenging a fee, changing the standard from a fee which the
Public Counsel believes is "materially inimical" to the
28 affordability of utility and communication services to one
that the Public Counsel believes has a "substantially
29 detrimental" impact on these services or to the price charged
to customers.
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