HB 643

1	A bill to be entitled
2	An act relating to the Public Counsel; amending s.
3	350.012, F.S.; deleting power of the Committee on Public
4	Service Commission Oversight to appoint a Public Counsel;
5	amending s. 350.061, F.S.; transferring responsibility for
6	appointing the Public Counsel from the Committee on Public
7	Service Commission Oversight to the Attorney General;
8	amending s. 350.0613, F.S.; providing authority of the
9	Department of Legal Affairs with respect to employees of
10	the Public Counsel and their qualifications and to the
11	retention of attorneys and experts; amending s. 350.0614,
12	F.S.; deleting a declaration that the Public Counsel is
13	part of the legislative branch; providing duties of the
14	Department of Legal Affairs with respect to allocation of
15	salaries and expenses of the Public Counsel and his or her
16	employees; amending s. 112.324, F.S.; prescribing
17	authority of the Attorney General in cases reported by the
18	Commission on Ethics regarding the Public Counsel or an
19	employee thereof; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Subsection (3) of section 350.012, Florida
24	Statutes, is amended to read:
25	350.012  Committee on Public Service Commission Oversight;
26	creation; membership; powers and duties.--
27	(3)  The committee shall:
28	(a)  recommend to the Governor nominees to fill a vacancy
29	on the Public Service Commission, as provided by general law;
30	and
31	(b)  Appoint a Public Counsel as provided by general law.
32	Section 2.  Subsection (1) of section 350.061, Florida
33	Statutes, is amended to read:
34	350.061  Public Counsel; appointment; oath; restrictions on
35	Public Counsel and his or her employees.--
36	(1)  The Attorney General Committee on Public Service
37	Commission Oversight shall appoint a Public Counsel by majority
38	vote of the members of the committee to represent the general
39	public of Florida before the Florida Public Service Commission.
40	The Public Counsel must shall be an attorney admitted to
41	practice before the Florida Supreme Court and shall serve at the
42	pleasure of the Attorney General Committee on Public Service
43	Commission Oversight, subject to biennial reconfirmation by the
44	committee. The Public Counsel shall perform his or her duties
45	independently. Vacancies in the office shall be filled in the
46	same manner as the original appointment.
47	Section 3.  Section 350.0613, Florida Statutes, is amended
48	to read:
49	350.0613  Public Counsel; employees; receipt of
50	pleadings.--The Department of Legal Affairs committee may
51	authorize the Public Counsel to employ clerical and technical
52	assistants whose qualifications, duties, and responsibilities
53	the department committee shall from time to time prescribe. The
54	department committee may from time to time authorize retention
55	of the services of additional attorneys or experts to the extent
56	that the best interests of the people of the state will be
57	better served thereby, including the retention of expert
58	witnesses and other technical personnel for participation in
59	contested proceedings before the commission. The commission
60	shall furnish the Public Counsel with copies of the initial
61	pleadings in all proceedings before the commission, and if the
62	Public Counsel intervenes as a party in any proceeding he or she
63	shall be served with copies of all subsequent pleadings,
64	exhibits, and prepared testimony, if used. Upon filing notice of
65	intervention, the Public Counsel shall serve all interested
66	parties with copies of such notice and all of his or her
67	subsequent pleadings and exhibits.
68	Section 4.  Section 350.0614, Florida Statutes, is amended
69	to read:
70	350.0614  Public Counsel; compensation and expenses.--
71	(1)  The salaries and expenses of the Public Counsel and
72	his or her employees shall be allocated by the Department of
73	Legal Affairs committee only from moneys appropriated to the
74	Public Counsel by the Legislature.
75	(2)  The Legislature declares and determines that the
76	Public Counsel is under the legislative branch of government
77	within the intention of the legislation as expressed in chapter
78	216, and no power shall be in the Executive Office of the
79	Governor or its successor to release or withhold funds
80	appropriated to it, but the same shall be available for
81	expenditure as provided by law and the rules or decisions of the
82	Committee on Public Service Commission Oversight.
83	(2)(3)  Neither the Executive Office of the Governor nor
84	the Department of Management Services or its successor shall
85	have power to determine the number, or fix the compensation, of
86	the employees of the Public Counsel or to exercise any manner of
87	control over them.
88	Section 5.  Subsection (8) of section 112.324, Florida
89	Statutes, is amended to read:
90	112.324  Procedures on complaints of violations; public
91	records and meeting exemptions.--
92	(8)  If, in cases pertaining to complaints other than
93	complaints against impeachable officers or members of the
94	Legislature, upon completion of a full and final investigation
95	by the commission, the commission finds that there has been a
96	violation of this part or of s. 8, Art. II of the State
97	Constitution, it shall be the duty of the commission to report
98	its findings and recommend appropriate action to the proper
99	disciplinary official or body as follows, and such official or
100	body shall have the power to invoke the penalty provisions of
101	this part, including the power to order the appropriate
102	elections official to remove a candidate from the ballot for a
103	violation of s. 112.3145 or s. 8(a) and (i), Art. II of the
104	State Constitution:
105	(a)  The President of the Senate and the Speaker of the
106	House of Representatives, jointly, in any case concerning the
107	Public Counsel, members of the Public Service Commission,
108	members of the Public Service Commission Nominating Council, the
109	Auditor General, the director of the Office of Program Policy
110	Analysis and Government Accountability, or members of the
111	Legislative Committee on Intergovernmental Relations.
112	(b)  The Supreme Court, in any case concerning an employee
113	of the judicial branch.
114	(c)  The President of the Senate, in any case concerning an
115	employee of the Senate; the Speaker of the House of
116	Representatives, in any case concerning an employee of the House
117	of Representatives; or the President and the Speaker, jointly,
118	in any case concerning an employee of a committee of the
119	Legislature whose members are appointed solely by the President
120	and the Speaker or in any case concerning an employee of the
121	Public Counsel, Public Service Commission, Auditor General,
122	Office of Program Policy Analysis and Government Accountability,
123	or Legislative Committee on Intergovernmental Relations.
124	(d)  Except as otherwise provided by this part, the
125	Governor, in the case of any other public officer, public
126	employee, former public officer or public employee, candidate,
127	or former candidate.
128	(e)  The President of the Senate or the Speaker of the
129	House of Representatives, whichever is applicable, in any case
130	concerning a former member of the Legislature who has violated a
131	provision applicable to former members or whose violation
132	occurred while a member of the Legislature.
133	(f)  The Attorney General, in any case concerning the
134	Public Counsel or an employee of the Public Counsel.
135	Section 6.  This act shall take effect January 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.