Senate Bill sb1872

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    Florida Senate - 2006                                  SB 1872

    By Senator Constantine





    22-1413A-06

  1                      A bill to be entitled

  2         An act relating to the Florida Public Service

  3         Commission; amending s. 350.01, F.S.;

  4         clarifying when a commissioner's term begins

  5         and ends; deleting obsolete provisions relating

  6         to the transition from an elected to an

  7         appointed commission and to an office of

  8         hearing examiners; amending s. 350.011, F.S.;

  9         deleting obsolete provisions relating to the

10         regulation of railroads; amending s. 350.06,

11         F.S.; deleting provisions governing the

12         providing of transcripts to those who request

13         them; amending s. 350.113, F.S.; deleting

14         provisions governing the assessment of certain

15         regulatory fees; amending s. 350.117, F.S.;

16         deleting obsolete provisions exempting

17         railroads from regulation; repealing s.

18         350.051, F.S., relating to a Chief Auditor of

19         the commission; repealing s. 350.80, F.S.,

20         relating to the regulation of coal slurry

21         pipelines; providing an effective date.

22  

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

24  

25         Section 1.  Section 350.01, Florida Statutes, is

26  amended to read:

27         350.01  Florida Public Service Commission; terms of

28  commissioners; vacancies; election and duties of chair;

29  quorum; proceedings.--

30  

31  

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    Florida Senate - 2006                                  SB 1872
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 1         (1)  The Florida Public Service Commission shall

 2  consist of five commissioners appointed pursuant to s.

 3  350.031.

 4         (2)(a)  The appointment shall be for a 4-year term,

 5  with the appointment beginning on January 2 of the year the

 6  term commences and ending 4 years later on January 1. Each

 7  commissioner serving on July 1, 1978, shall be permitted to

 8  remain in office until the completion of his or her current

 9  term.  Upon the expiration of the term, a successor shall be

10  appointed in the manner prescribed by s. 350.031(3) and (4)

11  for a 4-year term, except that the terms of the initial

12  members appointed under this act shall be as follows:

13         1.  The vacancy created by the present term ending in

14  January, 1981, shall be filled by appointment for a 4-year

15  term and for 4-year terms thereafter; and

16         2.  The vacancies created by the two present terms

17  ending in January, 1979, shall be filled by appointment for a

18  3-year term and for 4-year terms thereafter.

19         (b)  Two additional commissioners shall be appointed in

20  the manner prescribed by s. 350.031(3) and (4) for 4-year

21  terms beginning the first Tuesday after the first Monday in

22  January, 1979, and successors shall be appointed for 4-year

23  terms thereafter.

24         (b)(c)  Vacancies on the commission shall be filled for

25  the unexpired portion of the term in the same manner as

26  original appointments to the commission.

27         (3)  Any person serving on the commission who seeks to

28  be appointed or reappointed shall file with the nominating

29  council at least 180 days before the expiration of his or her

30  term a statement that he or she desires to serve an additional

31  term.

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 1         (4)  One member of the commission shall be elected by

 2  majority vote to serve as chair for a term of 2 years,

 3  beginning with the first Tuesday after the first Monday in

 4  January 1979.  A member may not serve two consecutive terms as

 5  chair.

 6         (5)  The primary duty of the chair is to serve as chief

 7  administrative officer of the commission; however, the chair

 8  may participate in any proceedings pending before the

 9  commission when administrative duties and time permit.  In

10  order to distribute the workload and expedite the commission's

11  calendar, the chair, in addition to other administrative

12  duties, has authority to assign the various proceedings

13  pending before the commission requiring hearings to two or

14  more commissioners or to the commission's office of hearing

15  examiners on the commission's staff who are under the

16  supervision of the office of general counsel. Only those

17  commissioners assigned to a proceeding requiring hearings are

18  entitled to participate in the final decision of the

19  commission as to that proceeding; provided, if only two

20  commissioners are assigned to a proceeding requiring hearings

21  and cannot agree on a final decision, the chair shall cast the

22  deciding vote for final disposition of the proceeding.  If

23  more than two commissioners are assigned to any proceeding, a

24  majority of the members assigned shall constitute a quorum and

25  a majority vote of the members assigned shall be essential to

26  final commission disposition of those proceedings requiring

27  actual participation by the commissioners.  If a commissioner

28  becomes unavailable after assignment to a particular

29  proceeding, the chair shall assign a substitute commissioner.

30  In those proceedings assigned to a hearing examiner, following

31  the conclusion of the hearings, the designated hearing

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 1  examiner is responsible for preparing recommendations for

 2  final disposition by a majority vote of the commission.  A

 3  petition for reconsideration shall be voted upon by those

 4  commissioners participating in the final disposition of the

 5  proceeding.

 6         (6)  A majority of the commissioners may determine that

 7  the full commission shall sit in any proceeding. The public

 8  counsel or a person regulated by the Public Service Commission

 9  and substantially affected by a proceeding may file a petition

10  that the proceeding be assigned to the full commission. Within

11  15 days of receipt by the commission of any petition or

12  application, the full commission shall dispose of such

13  petition by majority vote and render a written decision

14  thereon prior to assignment of less than the full commission

15  to a proceeding.  In disposing of such petition, the

16  commission shall consider the overall general public interest

17  and impact of the pending proceeding, including but not

18  limited to the following criteria: the magnitude of a rate

19  filing, including the number of customers affected and the

20  total revenues requested; the services rendered to the

21  affected public; the urgency of the requested action; the

22  needs of the consuming public and the utility; value of

23  service involved; the effect on consumer relations, regulatory

24  policies, conservation, economy, competition, public health,

25  and safety of the area involved.  If the petition is denied,

26  the commission shall set forth the grounds for denial.

27         (7)  This section does not prohibit a commissioner,

28  designated by the chair, from conducting a hearing as provided

29  under ss. 120.569 and 120.57(1) and the rules of the

30  commission adopted pursuant thereto.

31  

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 1         Section 2.  Section 350.011, Florida Statutes, is

 2  amended to read:

 3         350.011  Florida Public Service Commission;

 4  jurisdiction; powers and duties.--The state regulatory agency

 5  heretofore known as the Florida Railroad and Public Utilities

 6  Commission or Florida Public Utilities Commission shall be

 7  known and hereafter called Florida Public Service Commission,

 8  and all rights, powers, duties, responsibilities,

 9  jurisdiction, and judicial powers now vested in said Railroad

10  and Public Utilities Commission or said Florida Public

11  Utilities Commission and the commissioners thereof are vested

12  in the Florida Public Service Commission and the commissioners

13  thereof. Whenever reference is made to the Florida Railroad

14  and Public Utilities Commission or Florida Public Utilities

15  Commission and the commissioners thereof in the laws of the

16  state previously enacted or enacted at this session of the

17  Legislature, such reference shall be construed to mean the

18  Florida Public Service Commission and the commissioners

19  thereof and all appropriations for the use of said Railroad

20  and Public Utilities Commission or Florida Public Utilities

21  Commission and the members thereof for the biennium or

22  continuing in nature previously made or made at this session

23  of the Legislature, shall be construed to be for the use of

24  said Florida Public Service Commission and the commissioners

25  thereof, to be used for the purposes set out in the laws

26  making said appropriations; provided, however, the change in

27  name of said regulatory agency shall in nowise affect any

28  pending causes and proceedings, existing notices, orders,

29  certificates, permits, licenses, or authorities previously

30  granted or any action previously taken by the Florida Railroad

31  

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 1  and Public Utilities Commission or Florida Public Utilities

 2  Commission.

 3         Section 3.  Section 350.06, Florida Statutes, is

 4  amended to read:

 5         350.06  Place of meeting; expenditures; employment of

 6  personnel; records availability and fees.--

 7         (1)  The offices of said commissioners shall be in the

 8  vicinity of Tallahassee, but the commissioners may hold

 9  sessions anywhere in the state at their discretion.

10         (2)  All sums of money authorized to be paid on account

11  of said commissioners shall be paid out of the State Treasury

12  only on the order of the Chief Financial Officer.

13         (3)  The commissioners may employ clerical, technical,

14  and professional personnel reasonably necessary for the

15  performance of their duties, and.  The commissioners may also

16  employ one or more persons capable of stenographic court

17  reporting, to be known as the official reporters of the

18  commission, and fix the compensation of each not to exceed

19  $28,000 annually. The official reporters shall furnish only to

20  the commission transcripts of all testimony taken by them, and

21  the commission may make and sell certified copies of such

22  testimony and charge therefor the same fees as are allowed

23  clerks of the circuit courts of the state, subject to such

24  rules and regulations as may be prescribed by the commission.

25         (4)  When needed, the commission may engage

26  supplementary qualified reporters at their usual rate of

27  compensation; however, the supplementary reporters shall

28  furnish the commission the original certified transcripts of

29  testimony taken by them, but such reporters shall have the

30  right to sell copies of such transcripts subject to rules and

31  regulations of the commission. The commission may make copies

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 1  of the transcripts for internal use without further

 2  compensation.  When supplementary reporters are unable to

 3  provide copies within a reasonable time, the commission may,

 4  upon request, sell copies at its usual rate and shall deposit

 5  the proceeds in the Public Service Regulatory Trust Fund.

 6         (5)  Upon request by the governing body of a municipal

 7  or county government within 7 days after completion of the

 8  transcript and its delivery to the commission, the commission

 9  shall provide copies of the transcripts of testimony at the

10  cost of reproduction and mailing, but such copies need not be

11  certified unless specifically requested.

12         (5)(6)  The commission shall make available to the

13  public counsel the original copy of all transcripts for use

14  and study in the commission offices. If the commission makes

15  any copies of transcripts for internal use and if the public

16  counsel has so requested in writing to the clerk of the

17  commission at the time of his or her intervention, the

18  commission shall supply the public counsel with a copy of the

19  transcript at no charge. In all other cases, the public

20  counsel may obtain a copy of the transcript from the

21  commission for the cost of reproduction.

22         (6)(7)  The commission shall collect for copying,

23  examining, comparing, correcting, verifying, certifying, or

24  furnishing orders, records, transcripts of testimony, papers,

25  or other instruments no more than the same fees that are

26  allowed clerks of the circuit courts of Florida.  In cases

27  where the fee would amount to less than $1, no fee shall be

28  charged.

29         (7)(8)  Copies of commission orders furnished to public

30  officials, newspapers, periodical publications, federal

31  agencies, state officials of other states, and parties to the

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 1  proceeding in which the order was entered and their attorneys

 2  shall be without charge.  However, the commission may in its

 3  discretion charge fees for the furnishing of more than one

 4  copy of any order to any of the foregoing.

 5         (8)(9)  The commission shall keep accounting records a

 6  book in which all fees collected by it as provided for herein

 7  shall be recorded, together with the amount and purpose for

 8  which collected. These records This book shall be a public

 9  record. The commission shall prepare a statement of these fees

10  in duplicate each month and remit one copy of the statement,

11  together with all fees collected by it, to the Chief Financial

12  Officer. All moneys collected pursuant to this section by the

13  commission shall be deposited in the State Treasury to the

14  credit of the Florida Public Service Regulatory Trust Fund.

15         Section 4.  Subsection (3) of section 350.113, Florida

16  Statutes, are amended to read:

17         350.113  Florida Public Service Regulatory Trust Fund;

18  moneys to be deposited therein.--

19         (3)  Each regulated company under the jurisdiction of

20  the commission, which company was in operation for the

21  preceding 6-month period, shall pay to the commission within

22  30 days following the end of each 6-month period, commencing

23  June 30, 1977, a fee based upon the gross operating revenues

24  for such period subject to the limitations of this subsection.

25  The fees shall, to the extent practicable, be related to the

26  cost of regulating such type of regulated company.and shall in

27  no event be greater than:

28         (a)  For each railroad operating under chapter 351,

29  one-eighth of 1 percent of its gross operating revenues

30  derived from intrastate business.

31  

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 1         (b)  For each telephone company licensed or operating

 2  under chapter 364, one-eighth of 1 percent of its gross

 3  operating revenues derived from intrastate business.

 4         (c)  For each "public utility" as defined in s. 366.02,

 5  one-eighth of 1 percent of its gross operating revenues

 6  derived from intrastate business, excluding sales for resale

 7  between public utilities, municipal electric utilities, and

 8  rural electric cooperatives, or any combination thereof.

 9         (d)  For each municipal electric utility and rural

10  electric cooperative, one sixty-fourth of 1 percent of its

11  gross operating revenues derived from intrastate business,

12  excluding sales for resale between public utilities, municipal

13  electric utilities, and rural electric cooperatives, or any

14  combination thereof.

15         (e)  For each regulated company licensed under chapter

16  367, 2.5 percent of its gross revenues derived from intrastate

17  business.

18  

19  Differences, if any, between the amount paid in any 6-month

20  period and the amount actually determined by the commission to

21  be due shall, upon notification by the commission, be

22  immediately paid or refunded.  Each regulated company which is

23  subject to the jurisdiction of the commission, but which did

24  not operate under the commission's jurisdiction during the

25  entire preceding 6-month period, shall, within 30 days after

26  the close of the first 6-month period during which it

27  commenced operations under, or became subject to, the

28  jurisdiction of the commission, pay to the commission the

29  prescribed fee based upon its gross operating revenues derived

30  from intrastate business during those months or parts of

31  months in which the regulated company did operate during such

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 1  6-month period.  In no event shall payments under this section

 2  be less than $25 annually.

 3         Section 5.  Section 350.117, Florida Statutes, is

 4  amended to read:

 5         350.117  Reports; audits.--

 6         (1)  The commission may require such regular or

 7  emergency reports, including, but not limited to, financial

 8  reports, as the commission deems necessary to fulfill its

 9  obligations under the law.

10         (2)  The commission may perform management and

11  operation audits of any regulated company except railroads.

12  The commission may consider the results of such audits in

13  establishing rates; however, the company shall not be denied

14  due process as a result of the use of any such management or

15  operation audit.

16         (3)  As used in this section, "management and operation

17  audit" means an appraisal, by a public accountant or other

18  professional person, of management performance, including a

19  testing of adherence to governing policy and profit

20  capability; adequacy of operating controls and operating

21  procedures; and relations with employees, customers, the

22  trade, and the public generally.

23         Section 6.  Section 350.051, Florida Statutes, is

24  repealed.

25         Section 7.  Section 350.80, Florida Statutes, is

26  repealed.

27         Section 8.  This act shall take effect upon becoming a

28  law.

29  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Deletes obsolete provisions governing the terms of the
      commissioners on the Florida Public Service Commission,
 4    the regulation of railroads by the commission, certain
      assessment fees, the Chief Auditor of the commission, and
 5    coal slurry pipelines. (See bill for details.)

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