Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 1980
                        Barcode 795238
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 1a/RS/2R         .                    
       05/05/2006 10:10 AM         .                    
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11  Senators Campbell, Klein, Geller, and Smith moved the
12  following amendment to amendment (021596):
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14         Senate Amendment (with title amendment) 
15         On page 24, between lines 15 and 16,
16  
17  insert:  
18         Section 6.  Subsection (1) of section 350.061, Florida
19  Statutes, is amended to read:
20         350.061  Public Counsel; appointment; oath;
21  restrictions on Public Counsel and his or her employees.--
22         (1)  The Committee on Public Service Commission
23  Oversight shall appoint a Public Counsel by majority vote of
24  the members of the committee to represent the general public
25  of Florida before the Florida Public Service Commission and
26  the Office of Insurance Regulation. The Public Counsel shall
27  be an attorney admitted to practice before the Florida Supreme
28  Court and shall serve at the pleasure of the Committee on
29  Public Service Commission Oversight, subject to biennial
30  reconfirmation by the committee. The Public Counsel shall
31  perform his or her duties independently. Vacancies in the
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    1:59 PM   05/03/06                             s1980c2c-32-2ac

Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 795238 1 office shall be filled in the same manner as the original 2 appointment. 3 Section 7. Section 350.0611, Florida Statutes, is 4 amended to read: 5 350.0611 Public Counsel; duties and powers.--It shall 6 be the duty of the Public Counsel to provide legal 7 representation for the people of the state in proceedings 8 before the Public Service Commission and the Office of 9 Insurance Regulation and in proceedings before counties 10 pursuant to s. 367.171(8). The Public Counsel shall have such 11 powers as are necessary to carry out the duties of his or her 12 office, including, but not limited to, the following specific 13 powers: 14 (1) To recommend to the Public Service Commission or 15 the counties, by petition, the commencement of any proceeding 16 or action or to appear, in the name of the state or its 17 citizens, in any proceeding or action before the commission or 18 the counties. 19 (2) To recommend to the Office of Insurance 20 Regulation, by petition, the commencement of, and to appear in 21 the name of the state or its citizens in, any proceeding or 22 action before the office relating to: 23 (a) Rules governing residential property insurance; or 24 (b) Rate filings for residential property insurance 25 which, pursuant to standards determined by the office, request 26 an average statewide rate increase of 10 percent or greater as 27 compared to the current rates in effect or the rates in effect 28 12 months prior to the proposed effective date. 29 30 The Public Counsel may not stay any final order of the Office 31 of Insurance Regulation. 2 1:59 PM 05/03/06 s1980c2c-32-2ac
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 795238 1 (3) To and urge in any proceeding or action to which 2 he or she is a party therein any position that which he or she 3 deems to be in the public interest, whether consistent or 4 inconsistent with positions previously adopted by the 5 commission, or the counties, or the office, and use utilize 6 therein all forms of discovery available to attorneys in civil 7 actions generally, subject to protective orders of the 8 commission, or the counties, or the office, which shall be 9 reviewable by summary procedure in the circuit courts of this 10 state.; 11 (4)(2) To have access to and use of all files, 12 records, and data of the commission, or the counties, or the 13 office available to any other attorney representing parties in 14 a proceeding before the commission, or the counties, or the 15 office.; 16 (5)(3) In any proceeding in which he or she has 17 participated as a party, to seek review of any determination, 18 finding, or order of the commission, or the counties, or the 19 office, or of any hearing examiner designated by the 20 commission, or the counties, or the office, in the name of the 21 state or its citizens.; 22 (6)(4) To prepare and issue reports, recommendations, 23 and proposed orders to the commission or office, the Governor, 24 and the Legislature on any matter or subject within the 25 jurisdiction of the commission or office, and to make such 26 recommendations as he or she deems appropriate for legislation 27 relative to commission or office procedures, rules, 28 jurisdiction, personnel, and functions.; and 29 (7)(5) To appear before other state agencies, federal 30 agencies, and state and federal courts in connection with 31 matters under the jurisdiction of the commission or office, in 3 1:59 PM 05/03/06 s1980c2c-32-2ac
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 795238 1 the name of the state or its citizens. 2 Section 8. Section 350.0612, Florida Statutes, is 3 amended to read: 4 350.0612 Public Counsel; location.--The Public Counsel 5 shall maintain his or her office in Leon County on the 6 premises of the commission or, if suitable space there cannot 7 be provided, at such other place convenient to the offices of 8 the Public Services Commission or the Office of Insurance 9 Regulation commissioners as will enable him or her to carry 10 out expeditiously the duties and functions of his or her 11 office. 12 Section 9. Section 350.0613, Florida Statutes, is 13 amended to read: 14 350.0613 Public Counsel; employees; receipt of 15 pleadings.--The Joint Legislative Auditing Committee may 16 authorize the Public Counsel to employ clerical and technical 17 assistants whose qualifications, duties, and responsibilities 18 the committee shall from time to time prescribe. The committee 19 may from time to time authorize retention of the services of 20 additional attorneys, actuaries, economists, or experts to the 21 extent that the best interests of the people of the state will 22 be better served thereby, including the retention of expert 23 witnesses and other technical personnel for participation in 24 contested proceedings before the Public Service Commission or 25 Office of Insurance Regulation. The commission shall furnish 26 the Public Counsel with copies of the initial pleadings in all 27 proceedings before the commission. The office shall furnish 28 the Public Counsel with copies of all filings that relate to 29 the jurisdiction of the Public Counsel pursuant to s. 30 350.0611(2)., and If the Public Counsel intervenes as a party 31 in any proceeding he or she shall be served with copies of all 4 1:59 PM 05/03/06 s1980c2c-32-2ac
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 795238 1 subsequent pleadings, exhibits, and prepared testimony, if 2 used. Upon filing notice of intervention, the Public Counsel 3 shall serve all interested parties with copies of such notice 4 and all of his or her subsequent pleadings and exhibits. 5 Section 10. Paragraph (b) of subsection (3) of section 6 624.319, Florida Statutes, is amended to read: 7 624.319 Examination and investigation reports.-- 8 (3) 9 (b) Workpapers and other information held by the 10 department or office, and workpapers and other information 11 received from another governmental entity or the National 12 Association of Insurance Commissioners, for the department's 13 or office's use in the performance of its examination or 14 investigation duties pursuant to this section and ss. 624.316, 15 624.3161, 624.317, and 624.318 are confidential and exempt 16 from the provisions of s. 119.07(1) and s. 24(a), Art. I of 17 the State Constitution. This exemption applies to workpapers 18 and other information held by the department or office before, 19 on, or after the effective date of this exemption. Such 20 confidential and exempt information may be disclosed to 21 another governmental entity, if disclosure is necessary for 22 the receiving entity to perform its duties and 23 responsibilities, and may be disclosed to the National 24 Association of Insurance Commissioners. The Public Counsel 25 shall have access to such confidential and exempt information 26 pertaining to residential property insurance at any time. The 27 receiving governmental entity or the association must maintain 28 the confidential and exempt status of the information. The 29 information made confidential and exempt by this paragraph may 30 be used in a criminal, civil, or administrative proceeding so 31 long as the confidential and exempt status of such information 5 1:59 PM 05/03/06 s1980c2c-32-2ac
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 795238 1 is maintained. This paragraph is subject to the Open 2 Government Sunset Review Act of 1995 in accordance with s. 3 119.15 and shall stand repealed on October 2, 2007, unless 4 reviewed and saved from repeal through reenactment by the 5 Legislature. 6 7 (Redesignate subsequent sections.) 8 9 10 ================ T I T L E A M E N D M E N T =============== 11 And the title is amended as follows: 12 On page 130, line 28, after the first semicolon, 13 14 insert: 15 amending ss. 350.061, 350.0611, 350.0612, 16 350.0613, and 350.0614, F.S.; authorizing the 17 Public Counsel to represent the general public 18 before the Office of Insurance Regulation; 19 including certain proceedings related to rules 20 and rate filings for residential property 21 insurance; authorizing the Public Counsel to 22 have access to files of the office, to seek 23 review of orders of the office, to issue 24 reports, recommendations, and proposed orders 25 to the office; specifying where the Public 26 Counsel shall maintain his or her office; 27 authorizing the Joint Legislative Auditing 28 Committee to authorize the Public Counsel to 29 employ certain types of employees; requiring 30 the Office of Insurance Regulation to provide 31 copies of certain filings to the Public 6 1:59 PM 05/03/06 s1980c2c-32-2ac
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 795238 1 Counsel; amending s. 624.319, F.S.; authorizing 2 the Public Counsel to have access to certain 3 confidential information held by the Department 4 of Financial Services or the Office of 5 Insurance Regulation; 6 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 7 1:59 PM 05/03/06 s1980c2c-32-2ac