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:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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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
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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
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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
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Bill No. CS for SB 1872
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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
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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
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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
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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
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Florida Senate - 2006 SENATOR AMENDMENT
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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
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1 business.
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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
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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.
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 1872
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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
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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.
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