Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7225, 2nd Eng.
Barcode 424732
CHAMBER ACTION
Senate House
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11 Senator Campbell moved the following substitute for amendment
12 to amendment (771564):
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14 Senate Amendment (with title amendment)
15 On page /4, between lines 15 and 16,
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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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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7225, 2nd Eng.
Barcode 424732
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.
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30 The Public Counsel may not stay any final order of the Office
31 of Insurance Regulation.
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7225, 2nd Eng.
Barcode 424732
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
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7225, 2nd Eng.
Barcode 424732
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 committee may authorize the Public Counsel to
16 employ clerical and technical assistants whose qualifications,
17 duties, and responsibilities the committee shall from time to
18 time prescribe. The committee may from time to time authorize
19 retention of the services of additional attorneys, actuaries,
20 economists, or experts to the extent that the best interests
21 of the people of the state will be better served thereby,
22 including the retention of expert witnesses and other
23 technical personnel for participation in contested proceedings
24 before the Public Service Commission or Office of Insurance
25 Regulation. The commission shall furnish the Public Counsel
26 with copies of the initial pleadings in all proceedings before
27 the commission. The office shall furnish the Public Counsel
28 with copies of all filings that relate to the jurisdiction of
29 the Public Counsel pursuant to s. 350.0611(2)., and If the
30 Public Counsel intervenes as a party in any proceeding he or
31 she shall be served with copies of all subsequent pleadings,
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7225, 2nd Eng.
Barcode 424732
1 exhibits, and prepared testimony, if used. Upon filing notice
2 of intervention, the Public Counsel shall serve all interested
3 parties with copies of such notice and all of his or her
4 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
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7225, 2nd Eng.
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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.
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7 (Redesignate subsequent sections.)
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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,
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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 committee on Public Service
28 Commission Oversight to authorize the Public
29 Counsel to employ certain types of employees;
30 requiring the Office of Insurance Regulation to
31 provide copies of certain filings to the Public
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7225, 2nd Eng.
Barcode 424732
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;
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