HB 7237

1	A bill to be entitled
2	An act relating to the Public Service Commission; amending
3	s. 350.01, F.S.; correcting cross-references; revising
4	provisions for terms of commissioners on the Public
5	Service Commission; revising a reference to the office of
6	hearing examiners; amending s. 350.011, F.S.; deleting
7	obsolete provisions relating to a transfer of certain
8	functions and duties to the Public Service Commission;
9	repealing s. 350.051, F.S., relating to qualifications of
10	the Chief Auditor of the commission; amending s. 350.06,
11	F.S.; deleting certain provisions relating to the
12	employment of reporters and furnishing of transcripts by
13	the commission; revising provisions for the collection and
14	accounting of fees for furnishing transcripts and other
15	documents or instruments; amending s. 350.113, F.S.;
16	removing limits on the amount of certain regulatory fees;
17	amending s. 350.117, F.S.; removing an exception for
18	railroads from certain audits by the commission; repealing
19	s. 350.80, F.S., relating to regulation of certain coal
20	slurry pipeline companies; amending s. 361.08, F.S.;
21	removing a provision for consideration by the court of
22	certain findings by the commission relating to coal slurry
23	pipeline companies, to conform to changes made by the act;
24	providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Paragraphs (a) and (b) of subsection (2) and
29	subsection (5) of section 350.01, Florida Statutes, are amended
30	to read:
31	350.01  Florida Public Service Commission; terms of
32	commissioners; vacancies; election and duties of chair; quorum;
33	proceedings.--
34	(2)(a)  Each commissioner serving on July 1, 1978, shall be
35	permitted to remain in office until the completion of his or her
36	current term. Upon the expiration of the term, a successor shall
37	be appointed in the manner prescribed by s. 350.031(5), (6), (3)
38	and (7) (4) for a 4-year term, except that the terms of the
39	initial members appointed under this act shall be as follows:
40	1.  The vacancy created by the present term ending in
41	January, 1981, shall be filled by appointment for a 4-year term
42	and for 4-year terms thereafter; and
43	2.  The vacancies created by the two present terms ending
44	in January, 1979, shall be filled by appointment for a 3-year
45	term and for 4-year terms thereafter.
46	(b)  Two additional commissioners shall be appointed in the
47	manner prescribed by s. 350.031(5), (6), (3) and (7) (4) for 4-
48	year terms beginning the first Tuesday after the first Monday in
49	January, 1979, and successors shall be appointed for 4-year
50	terms thereafter with each term beginning on January 2 of the
51	year the term commences and ending 4 years later on January 1.
52	(5)  The primary duty of the chair is to serve as chief
53	administrative officer of the commission; however, the chair may
54	participate in any proceedings pending before the commission
55	when administrative duties and time permit. In order to
56	distribute the workload and expedite the commission's calendar,
57	the chair, in addition to other administrative duties, has
58	authority to assign the various proceedings pending before the
59	commission requiring hearings to two or more commissioners or to
60	the commission's staff office of hearing examiners under the
61	supervision of the office of general counsel. Only those
62	commissioners assigned to a proceeding requiring hearings are
63	entitled to participate in the final decision of the commission
64	as to that proceeding; provided, if only two commissioners are
65	assigned to a proceeding requiring hearings and cannot agree on
66	a final decision, the chair shall cast the deciding vote for
67	final disposition of the proceeding. If more than two
68	commissioners are assigned to any proceeding, a majority of the
69	members assigned shall constitute a quorum and a majority vote
70	of the members assigned shall be essential to final commission
71	disposition of those proceedings requiring actual participation
72	by the commissioners. If a commissioner becomes unavailable
73	after assignment to a particular proceeding, the chair shall
74	assign a substitute commissioner. In those proceedings assigned
75	to a hearing examiner, following the conclusion of the hearings,
76	the designated hearing examiner is responsible for preparing
77	recommendations for final disposition by a majority vote of the
78	commission. A petition for reconsideration shall be voted upon
79	by those commissioners participating in the final disposition of
80	the proceeding.
81	Section 2.  Section 350.011, Florida Statutes, is amended
82	to read:
83	350.011  Florida Public Service Commission; jurisdiction;
84	powers and duties.--The state regulatory agency heretofore known
85	as the Florida Railroad and Public Utilities Commission or
86	Florida Public Utilities Commission shall be known and hereafter
87	called Florida Public Service Commission, and all rights,
88	powers, duties, responsibilities, jurisdiction, and judicial
89	powers now vested in said Railroad and Public Utilities
90	Commission or said Florida Public Utilities Commission and the
91	commissioners thereof are vested in the Florida Public Service
92	Commission and the commissioners thereof. Whenever reference is
93	made to the Florida Railroad and Public Utilities Commission or
94	Florida Public Utilities Commission and the commissioners
95	thereof in the laws of the state previously enacted or enacted
96	at this session of the Legislature, such reference shall be
97	construed to mean the Florida Public Service Commission and the
98	commissioners thereof and all appropriations for the use of said
99	Railroad and Public Utilities Commission or Florida Public
100	Utilities Commission and the members thereof for the biennium or
101	continuing in nature previously made or made at this session of
102	the Legislature, shall be construed to be for the use of said
103	Florida Public Service Commission and the commissioners thereof,
104	to be used for the purposes set out in the laws making said
105	appropriations; provided, however, the change in name of said
106	regulatory agency shall in nowise affect any pending causes and
107	proceedings, existing notices, orders, certificates, permits,
108	licenses, or authorities previously granted or any action
109	previously taken by the Florida Railroad and Public Utilities
110	Commission or Florida Public Utilities Commission.
111	Section 3.  Section 350.051, Florida Statutes, is repealed.
112	Section 4.  Subsections (3) through (9) of section 350.06,
113	Florida Statutes, are amended to read:
114	350.06  Place of meeting; expenditures; employment of
115	personnel; records availability and fees.--
116	(3)  The commissioners may employ clerical, technical, and
117	professional personnel reasonably necessary for the performance
118	of their duties and. The commissioners may also employ one or
119	more persons capable of stenographic court reporting, to be
120	known as the official reporters of the commission, and fix the
121	compensation of each not to exceed $28,000 annually. The
122	official reporters shall furnish only to the commission
123	transcripts of all testimony taken by them, and the commission
124	may make and sell certified copies of such testimony and charge
125	therefor the same fees as are allowed clerks of the circuit
126	courts of the state, subject to such rules and regulations as
127	may be prescribed by the commission.
128	(4)  When needed, the commission may engage supplementary
129	qualified reporters at their usual rate of compensation;
130	however, the supplementary reporters shall furnish the
131	commission the original certified transcripts of testimony taken
132	by them, but such reporters shall have the right to sell copies
133	of such transcripts subject to rules and regulations of the
134	commission. The commission may make copies of the transcripts
135	for internal use without further compensation. When
136	supplementary reporters are unable to provide copies within a
137	reasonable time, the commission may, upon request, sell copies
138	at its usual rate and shall deposit the proceeds in the Public
139	Service Regulatory Trust Fund.
140	(5)  Upon request by the governing body of a municipal or
141	county government within 7 days after completion of the
142	transcript and its delivery to the commission, the commission
143	shall provide copies of the transcripts of testimony at the cost
144	of reproduction and mailing, but such copies need not be
145	certified unless specifically requested.
146	(5)(6)  The commission shall make available to the public
147	counsel the original copy of all transcripts for use and study
148	in the commission offices. If the commission makes any copies of
149	transcripts for internal use and if the public counsel has so
150	requested in writing to the clerk of the commission at the time
151	of his or her intervention, the commission shall supply the
152	public counsel with a copy of the transcript at no charge. In
153	all other cases, the public counsel may obtain a copy of the
154	transcript from the commission for the cost of reproduction.
155	(6)(7)  The commission shall collect for copying,
156	examining, comparing, correcting, verifying, certifying, or
157	furnishing orders, records, transcripts of testimony, papers, or
158	other instruments no more than the same fees that are allowed
159	clerks of the circuit courts of this state Florida. In cases
160	where the fee would amount to less than $1, no fee shall be
161	charged.
162	(7)(8)  Copies of commission orders furnished to public
163	officials, newspapers, periodical publications, federal
164	agencies, state officials of other states, and parties to the
165	proceeding in which the order was entered and their attorneys
166	shall be without charge. However, the commission may in its
167	discretion charge fees for the furnishing of more than one copy
168	of any order to any of the foregoing.
169	(8)(9)  The commission shall keep accounting records a book
170	in which all fees collected by it as provided for herein shall
171	be recorded, together with the amount and purpose for which
172	collected. The accounting records This book shall be a public
173	records record. The commission shall prepare a statement of
174	these fees in duplicate each month and remit one copy of the
175	statement, together with all fees collected by it, to the Chief
176	Financial Officer. All moneys collected pursuant to this section
177	by the commission shall be deposited in the State Treasury to
178	the credit of the Florida Public Service Regulatory Trust Fund.
179	Section 5.  Subsection (3) of section 350.113, Florida
180	Statutes, is amended to read:
181	350.113  Florida Public Service Regulatory Trust Fund;
182	moneys to be deposited therein.--
183	(3)  Each regulated company under the jurisdiction of the
184	commission, which company was in operation for the preceding 6-
185	month period, shall pay to the commission within 30 days
186	following the end of each 6-month period, commencing June 30,
187	1977, a fee based upon the gross operating revenues for such
188	period subject to the limitations of this subsection. The fee
189	fees shall, to the extent practicable, be related to the cost of
190	regulating such type of regulated company. and shall in no event
191	be greater than:
192	(a)  For each railroad operating under chapter 351, one-
193	eighth of 1 percent of its gross operating revenues derived from
194	intrastate business.
195	(b)  For each telephone company licensed or operating under
196	chapter 364, one-eighth of 1 percent of its gross operating
197	revenues derived from intrastate business.
198	(c)  For each "public utility" as defined in s. 366.02,
199	one-eighth of 1 percent of its gross operating revenues derived
200	from intrastate business, excluding sales for resale between
201	public utilities, municipal electric utilities, and rural
202	electric cooperatives, or any combination thereof.
203	(d)  For each municipal electric utility and rural electric
204	cooperative, one sixty-fourth of 1 percent of its gross
205	operating revenues derived from intrastate business, excluding
206	sales for resale between public utilities, municipal electric
207	utilities, and rural electric cooperatives, or any combination
208	thereof.
209	(e)  For each regulated company licensed under chapter 367,
210	2.5 percent of its gross revenues derived from intrastate
211	business.
212
213	Differences, if any, between the amount paid in any 6-month
214	period and the amount actually determined by the commission to
215	be due shall, upon notification by the commission, be
216	immediately paid or refunded. Each regulated company which is
217	subject to the jurisdiction of the commission, but which did not
218	operate under the commission's jurisdiction during the entire
219	preceding 6-month period, shall, within 30 days after the close
220	of the first 6-month period during which it commenced operations
221	under, or became subject to, the jurisdiction of the commission,
222	pay to the commission the prescribed fee based upon its gross
223	operating revenues derived from intrastate business during those
224	months or parts of months in which the regulated company did
225	operate during such 6-month period. In no event shall payments
226	under this section be less than $25 annually.
227	Section 6.  Subsection (2) of section 350.117, Florida
228	Statutes, is amended to read:
229	350.117  Reports; audits.--
230	(2)  The commission may perform management and operation
231	audits of any regulated company except railroads. The commission
232	may consider the results of such audits in establishing rates;
233	however, the company shall not be denied due process as a result
234	of the use of any such management or operation audit.
235	Section 7.  Section 350.80, Florida Statutes, is repealed.
236	Section 8.  Paragraph (d) of subsection (2) of section
237	361.08, Florida Statutes, is amended to read:
238	361.08  Right of eminent domain to coal pipeline
239	companies.--
240	(2)  Any corporation, partnership, joint venture,
241	association, or other legal entity organized under the laws of
242	this state, or under the laws of any other state and qualified
243	to do business in this state, for the purpose of supplying any
244	electric utility or utilities; any city, town, or village or the
245	inhabitants thereof; or any community with coal or its
246	derivatives and any mixture and combination thereof by pipeline,
247	and for the purpose of serving as a common carrier operating or
248	proposing to operate a pipeline or pipelines for transporting or
249	delivering coal or its derivatives or any mixture or combination
250	thereof, shall have the right of eminent domain, for the purpose
251	of acquiring title, easements, rights-of-way, or other rights or
252	interests in property, necessary to acquire and take private
253	property which is or may be needed for the construction,
254	operation, maintenance, repair, or replacement of coal slurry
255	and derivative plants, pipelines, pumping stations, and any
256	other installations and works incident thereto. The procedure to
257	condemn property or interest therein shall be exercised in the
258	manner set forth in chapters 73 and 74. In any condemnation
259	proceeding under this act, the circuit court shall restrict the
260	exercise of the right of eminent domain in the following
261	particulars:
262	(d)  The court, in any condemnation proceeding brought
263	pursuant to this section, shall be bound by the findings of the
264	Florida Public Service Commission on the general issues of
265	economic and environmental feasibility as determined pursuant to
266	s. 350.80.
267	Section 9.  This act shall take effect July 1, 2006.

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