Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for SB 1872
                        Barcode 601578
                            CHAMBER ACTION
              Senate                               House
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       05/01/2006 01:03 PM         .                    
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11  Senator Constantine moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Paragraphs (a) and (b) of subsection (2)
18  and subsection (5) of section 350.01, Florida Statutes, are
19  amended to read:
20         350.01  Florida Public Service Commission; terms of
21  commissioners; vacancies; election and duties of chair;
22  quorum; proceedings.--
23         (2)(a)  Each commissioner serving on July 1, 1978,
24  shall be permitted to remain in office until the completion of
25  his or her current term. Upon the expiration of the term, a
26  successor shall be appointed in the manner prescribed by s.
27  350.031(5), (6), (3) and (7) (4) for a 4-year term, except
28  that the terms of the initial members appointed under this act
29  shall be as follows:
30         1.  The vacancy created by the present term ending in
31  January, 1981, shall be filled by appointment for a 4-year
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Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 1872 Barcode 601578 1 term and for 4-year terms thereafter; and 2 2. The vacancies created by the two present terms 3 ending in January, 1979, shall be filled by appointment for a 4 3-year term and for 4-year terms thereafter. 5 (b) Two additional commissioners shall be appointed in 6 the manner prescribed by s. 350.031(5), (6), (3) and (7) (4) 7 for 4-year terms beginning the first Tuesday after the first 8 Monday in January, 1979, and successors shall be appointed for 9 4-year terms thereafter with each term beginning on January 2 10 of the year the term commences and ending 4 years later on 11 January 1 . 12 (5) The primary duty of the chair is to serve as chief 13 administrative officer of the commission; however, the chair 14 may participate in any proceedings pending before the 15 commission when administrative duties and time permit. In 16 order to distribute the workload and expedite the commission's 17 calendar, the chair, in addition to other administrative 18 duties, has authority to assign the various proceedings 19 pending before the commission requiring hearings to two or 20 more commissioners or to the commission's staff office of 21 hearing examiners under the supervision of the office of 22 general counsel. Only those commissioners assigned to a 23 proceeding requiring hearings are entitled to participate in 24 the final decision of the commission as to that proceeding; 25 provided, if only two commissioners are assigned to a 26 proceeding requiring hearings and cannot agree on a final 27 decision, the chair shall cast the deciding vote for final 28 disposition of the proceeding. If more than two commissioners 29 are assigned to any proceeding, a majority of the members 30 assigned shall constitute a quorum and a majority vote of the 31 members assigned shall be essential to final commission 2 11:20 AM 05/01/06 s1872c1d-22-201
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 1872 Barcode 601578 1 disposition of those proceedings requiring actual 2 participation by the commissioners. If a commissioner becomes 3 unavailable after assignment to a particular proceeding, the 4 chair shall assign a substitute commissioner. In those 5 proceedings assigned to a hearing examiner, following the 6 conclusion of the hearings, the designated hearing examiner is 7 responsible for preparing recommendations for final 8 disposition by a majority vote of the commission. A petition 9 for reconsideration shall be voted upon by those commissioners 10 participating in the final disposition of the proceeding. 11 Section 2. Section 350.011, Florida Statutes, is 12 amended to read: 13 350.011 Florida Public Service Commission; 14 jurisdiction; powers and duties.--The state regulatory agency 15 heretofore known as the Florida Railroad and Public Utilities 16 Commission or Florida Public Utilities Commission shall be 17 known and hereafter called Florida Public Service Commission, 18 and all rights, powers, duties, responsibilities, 19 jurisdiction, and judicial powers now vested in said Railroad 20 and Public Utilities Commission or said Florida Public 21 Utilities Commission and the commissioners thereof are vested 22 in the Florida Public Service Commission and the commissioners 23 thereof. Whenever reference is made to the Florida Railroad 24 and Public Utilities Commission or Florida Public Utilities 25 Commission and the commissioners thereof in the laws of the 26 state previously enacted or enacted at this session of the 27 Legislature, such reference shall be construed to mean the 28 Florida Public Service Commission and the commissioners 29 thereof and all appropriations for the use of said Railroad 30 and Public Utilities Commission or Florida Public Utilities 31 Commission and the members thereof for the biennium or 3 11:20 AM 05/01/06 s1872c1d-22-201
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 1872 Barcode 601578 1 continuing in nature previously made or made at this session 2 of the Legislature, shall be construed to be for the use of 3 said Florida Public Service Commission and the commissioners 4 thereof, to be used for the purposes set out in the laws 5 making said appropriations; provided, however, the change in 6 name of said regulatory agency shall in nowise affect any 7 pending causes and proceedings, existing notices, orders, 8 certificates, permits, licenses, or authorities previously 9 granted or any action previously taken by the Florida Railroad 10 and Public Utilities Commission or Florida Public Utilities 11 Commission. 12 Section 3. Section 350.012, Florida Statutes, is 13 amended to read: 14 350.012 Committee on Public Service Commission 15 Oversight; creation; membership; powers and duties.-- 16 (1) There is created a standing joint committee of the 17 Legislature, designated the Committee on Public Service 18 Commission Oversight, and composed of 12 members appointed as 19 follows: six members of the Senate appointed by the President 20 of the Senate, two of whom must be members of the minority 21 party; and six members of the House of Representatives 22 appointed by the Speaker of the House of Representatives, two 23 of whom must be members of the minority party. The terms of 24 members shall be for 2 years and shall run from the 25 organization of one Legislature to the organization of the 26 next Legislature. The President shall appoint the chair of the 27 committee in even-numbered years and the vice chair in 28 odd-numbered years, and the Speaker of the House of 29 Representatives shall appoint the chair of the committee in 30 odd-numbered years and the vice chair in even-numbered years, 31 from among the committee membership. Vacancies shall be filled 4 11:20 AM 05/01/06 s1872c1d-22-201
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 1872 Barcode 601578 1 in the same manner as the original appointment. Members shall 2 serve without additional compensation, but shall be reimbursed 3 for expenses. 4 (2) The committee shall be governed by joint rules of 5 the Senate and the House of Representatives which shall remain 6 in effect until repealed or amended by concurrent resolution. 7 (2)(3) The committee shall: 8 (a) Recommend to the Governor nominees to fill a 9 vacancy on the Public Service Commission, as provided by 10 general law; and 11 (b) Appoint a Public Counsel as provided by general 12 law. 13 (3)(4) The committee is authorized to file a complaint 14 with the Commission on Ethics alleging a violation of this 15 chapter by a commissioner, former commissioner, former 16 commission employee, or member of the Public Service 17 Commission Nominating Council. 18 (4)(5) The committee will not have a permanent staff, 19 but the President of the Senate and the Speaker of the House 20 of Representatives shall select staff members from among 21 existing legislative staff, when and as needed. 22 Section 4. Section 350.051, Florida Statutes, is 23 repealed. 24 Section 5. Subsections (3) through (9) of section 25 350.06, Florida Statutes, are amended to read: 26 350.06 Place of meeting; expenditures; employment of 27 personnel; records availability and fees.-- 28 (3) The commissioners may employ clerical, technical, 29 and professional personnel reasonably necessary for the 30 performance of their duties and. The commissioners may also 31 employ one or more persons capable of stenographic court 5 11:20 AM 05/01/06 s1872c1d-22-201
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 1872 Barcode 601578 1 reporting, to be known as the official reporters of the 2 commission, and fix the compensation of each not to exceed 3 $28,000 annually. The official reporters shall furnish only to 4 the commission transcripts of all testimony taken by them, and 5 the commission may make and sell certified copies of such 6 testimony and charge therefor the same fees as are allowed 7 clerks of the circuit courts of the state, subject to such 8 rules and regulations as may be prescribed by the commission. 9 (4) When needed, the commission may engage 10 supplementary qualified reporters at their usual rate of 11 compensation; however, the supplementary reporters shall 12 furnish the commission the original certified transcripts of 13 testimony taken by them , but such reporters shall have the 14 right to sell copies of such transcripts subject to rules and 15 regulations of the commission. The commission may make copies 16 of the transcripts for internal use without further 17 compensation. When supplementary reporters are unable to 18 provide copies within a reasonable time, the commission may, 19 upon request, sell copies at its usual rate and shall deposit 20 the proceeds in the Public Service Regulatory Trust Fund. 21 (5) Upon request by the governing body of a municipal 22 or county government within 7 days after completion of the 23 transcript and its delivery to the commission, the commission 24 shall provide copies of the transcripts of testimony at the 25 cost of reproduction and mailing, but such copies need not be 26 certified unless specifically requested. 27 (5)(6) The commission shall make available to the 28 public counsel the original copy of all transcripts for use 29 and study in the commission offices. If the commission makes 30 any copies of transcripts for internal use and if the public 31 counsel has so requested in writing to the clerk of the 6 11:20 AM 05/01/06 s1872c1d-22-201
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 1872 Barcode 601578 1 commission at the time of his or her intervention , the 2 commission shall supply the public counsel with a copy of the 3 transcript at no charge. In all other cases, the public 4 counsel may obtain a copy of the transcript from the 5 commission for the cost of reproduction. 6 (6)(7) The commission shall collect for copying, 7 examining, comparing, correcting, verifying, certifying, or 8 furnishing orders, records, transcripts of testimony, papers, 9 or other instruments no more than the same fees that are 10 allowed clerks of the circuit courts of this state Florida. In 11 cases where the fee would amount to less than $1, no fee shall 12 be charged. 13 (7)(8) Copies of commission orders furnished to public 14 officials, newspapers, periodical publications, federal 15 agencies, state officials of other states, and parties to the 16 proceeding in which the order was entered and their attorneys 17 shall be without charge. However, the commission may in its 18 discretion charge fees for the furnishing of more than one 19 copy of any order to any of the foregoing. 20 (8)(9) The commission shall keep accounting records a 21 book in which all fees collected by it as provided for herein 22 shall be recorded, together with the amount and purpose for 23 which collected. The accounting records This book shall be a 24 public records record. The commission shall prepare a 25 statement of these fees in duplicate each month and remit one 26 copy of the statement, together with all fees collected by it, 27 to the Chief Financial Officer. All moneys collected pursuant 28 to this section by the commission shall be deposited in the 29 State Treasury to the credit of the Florida Public Service 30 Regulatory Trust Fund. 31 Section 6. Subsection (3) of section 350.113, Florida 7 11:20 AM 05/01/06 s1872c1d-22-201
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 1872 Barcode 601578 1 Statutes, is amended to read: 2 350.113 Florida Public Service Regulatory Trust Fund; 3 moneys to be deposited therein.-- 4 (3) Each regulated company under the jurisdiction of 5 the commission, which company was in operation for the 6 preceding 6-month period, shall pay to the commission within 7 30 days following the end of each 6-month period, commencing 8 June 30, 1977, a fee based upon the gross operating revenues 9 for such period subject to the limitations of this subsection 10 . The fee fees shall, to the extent practicable, be related to 11 the cost of regulating such type of regulated company. and 12 shall in no event be greater than: 13 (a) For each railroad operating under chapter 351, 14 one-eighth of 1 percent of its gross operating revenues 15 derived from intrastate business. 16 (b) For each telephone company licensed or operating 17 under chapter 364, one-eighth of 1 percent of its gross 18 operating revenues derived from intrastate business. 19 (c) For each "public utility" as defined in s. 366.02, 20 one-eighth of 1 percent of its gross operating revenues 21 derived from intrastate business, excluding sales for resale 22 between public utilities, municipal electric utilities, and 23 rural electric cooperatives, or any combination thereof. 24 (d) For each municipal electric utility and rural 25 electric cooperative, one sixty-fourth of 1 percent of its 26 gross operating revenues derived from intrastate business, 27 excluding sales for resale between public utilities, municipal 28 electric utilities, and rural electric cooperatives, or any 29 combination thereof. 30 (e) For each regulated company licensed under chapter 31 367, 2.5 percent of its gross revenues derived from intrastate 8 11:20 AM 05/01/06 s1872c1d-22-201
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 1872 Barcode 601578 1 business. 2 3 Differences, if any, between the amount paid in any 6-month 4 period and the amount actually determined by the commission to 5 be due shall, upon notification by the commission, be 6 immediately paid or refunded. Each regulated company which is 7 subject to the jurisdiction of the commission, but which did 8 not operate under the commission's jurisdiction during the 9 entire preceding 6-month period, shall, within 30 days after 10 the close of the first 6-month period during which it 11 commenced operations under, or became subject to, the 12 jurisdiction of the commission, pay to the commission the 13 prescribed fee based upon its gross operating revenues derived 14 from intrastate business during those months or parts of 15 months in which the regulated company did operate during such 16 6-month period. In no event shall payments under this section 17 be less than $25 annually. 18 Section 7. Subsection (2) of section 350.117, Florida 19 Statutes, is amended to read: 20 350.117 Reports; audits.-- 21 (2) The commission may perform management and 22 operation audits of any regulated company except railroads. 23 The commission may consider the results of such audits in 24 establishing rates; however, the company shall not be denied 25 due process as a result of the use of any such management or 26 operation audit. 27 Section 8. Section 350.80, Florida Statutes, is 28 repealed. 29 Section 9. Paragraph (d) of subsection (2) of section 30 361.08, Florida Statutes, is amended to read: 31 361.08 Right of eminent domain to coal pipeline 9 11:20 AM 05/01/06 s1872c1d-22-201
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 1872 Barcode 601578 1 companies.-- 2 (2) Any corporation, partnership, joint venture, 3 association, or other legal entity organized under the laws of 4 this state, or under the laws of any other state and qualified 5 to do business in this state, for the purpose of supplying any 6 electric utility or utilities; any city, town, or village or 7 the inhabitants thereof; or any community with coal or its 8 derivatives and any mixture and combination thereof by 9 pipeline, and for the purpose of serving as a common carrier 10 operating or proposing to operate a pipeline or pipelines for 11 transporting or delivering coal or its derivatives or any 12 mixture or combination thereof, shall have the right of 13 eminent domain, for the purpose of acquiring title, easements, 14 rights-of-way, or other rights or interests in property, 15 necessary to acquire and take private property which is or may 16 be needed for the construction, operation, maintenance, 17 repair, or replacement of coal slurry and derivative plants, 18 pipelines, pumping stations, and any other installations and 19 works incident thereto. The procedure to condemn property or 20 interest therein shall be exercised in the manner set forth in 21 chapters 73 and 74. In any condemnation proceeding under this 22 act, the circuit court shall restrict the exercise of the 23 right of eminent domain in the following particulars: 24 (d) The court, in any condemnation proceeding brought 25 pursuant to this section, shall be bound by the findings of 26 the Florida Public Service Commission on the general issues of 27 economic and environmental feasibility as determined pursuant 28 to s. 350.80. 29 Section 10. This act shall take effect July 1, 2006. 30 31 10 11:20 AM 05/01/06 s1872c1d-22-201
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 1872 Barcode 601578 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to the Public Service 8 Commission; amending s. 350.01, F.S.; 9 correcting cross-references; revising 10 provisions for terms of commissioners on the 11 Public Service Commission; revising a reference 12 to the office of hearing examiners; amending s. 13 350.011, F.S.; deleting obsolete provisions 14 relating to a transfer of certain functions and 15 duties to the Public Service Commission; 16 amending s. 350.012, F.S.; removing a provision 17 for governance of the Committee on Public 18 Service Commission Oversight; repealing s. 19 350.051, F.S., relating to qualifications of 20 the Chief Auditor of the commission; amending 21 s. 350.06, F.S.; deleting certain provisions 22 relating to the employment of reporters and 23 furnishing of transcripts by the commission; 24 revising provisions for the collection and 25 accounting of fees for furnishing transcripts 26 and other documents or instruments; amending s. 27 350.113, F.S.; removing limits on the amount of 28 certain regulatory fees; amending s. 350.117, 29 F.S.; removing an exception for railroads from 30 certain audits by the commission; repealing s. 31 350.80, F.S., relating to regulation of certain 11 11:20 AM 05/01/06 s1872c1d-22-201
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 1872 Barcode 601578 1 coal slurry pipeline companies; amending s. 2 361.08, F.S.; removing a provision for 3 consideration by the court of certain findings 4 by the commission relating to coal slurry 5 pipeline companies, to conform to changes made 6 by the act; providing an effective date. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 12 11:20 AM 05/01/06 s1872c1d-22-201