HB 7237

CS

CHAMBER ACTION

1	The Commerce Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5
6	A bill to be entitled
7	An act relating to the Public Service Commission; amending
8	s. 350.01, F.S.; correcting cross-references; revising
9	provisions for terms of commissioners on the Public
10	Service Commission; revising a reference to the office of
11	hearing examiners; amending s. 350.011, F.S.; deleting
12	obsolete provisions relating to a transfer of certain
13	functions and duties to the Public Service Commission;
14	amending s. 350.012, F.S.; removing a provision for
15	governance of the Committee on Public Service Commission
16	Oversight; repealing s. 350.051, F.S., relating to
17	qualifications of the Chief Auditor of the commission;
18	amending s. 350.06, F.S.; deleting certain provisions
19	relating to the employment of reporters and furnishing of
20	transcripts by the commission; revising provisions for the
21	collection and accounting of fees for furnishing
22	transcripts and other documents or instruments; amending
23	s. 350.113, F.S.; removing limits on the amount of certain
24	regulatory fees; amending s. 350.117, F.S.; removing an
25	exception for railroads from certain audits by the
26	commission; repealing s. 350.80, F.S., relating to
27	regulation of certain coal slurry pipeline companies;
28	amending s. 361.08, F.S.; removing a provision for
29	consideration by the court of certain findings by the
30	commission relating to coal slurry pipeline companies, to
31	conform to changes made by the act; providing an effective
32	date.
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1.  Paragraphs (a) and (b) of subsection (2) and
37	subsection (5) of section 350.01, Florida Statutes, are amended
38	to read:
39	350.01  Florida Public Service Commission; terms of
40	commissioners; vacancies; election and duties of chair; quorum;
41	proceedings.--
42	(2)(a)  Each commissioner serving on July 1, 1978, shall be
43	permitted to remain in office until the completion of his or her
44	current term. Upon the expiration of the term, a successor shall
45	be appointed in the manner prescribed by s. 350.031(5), (6), (3)
46	and (7) (4) for a 4-year term, except that the terms of the
47	initial members appointed under this act shall be as follows:
48	1.  The vacancy created by the present term ending in
49	January, 1981, shall be filled by appointment for a 4-year term
50	and for 4-year terms thereafter; and
51	2.  The vacancies created by the two present terms ending
52	in January, 1979, shall be filled by appointment for a 3-year
53	term and for 4-year terms thereafter.
54	(b)  Two additional commissioners shall be appointed in the
55	manner prescribed by s. 350.031(5), (6), (3) and (7) (4) for 4-
56	year terms beginning the first Tuesday after the first Monday in
57	January, 1979, and successors shall be appointed for 4-year
58	terms thereafter with each term beginning on January 2 of the
59	year the term commences and ending 4 years later on January 1.
60	(5)  The primary duty of the chair is to serve as chief
61	administrative officer of the commission; however, the chair may
62	participate in any proceedings pending before the commission
63	when administrative duties and time permit. In order to
64	distribute the workload and expedite the commission's calendar,
65	the chair, in addition to other administrative duties, has
66	authority to assign the various proceedings pending before the
67	commission requiring hearings to two or more commissioners or to
68	the commission's staff office of hearing examiners under the
69	supervision of the office of general counsel. Only those
70	commissioners assigned to a proceeding requiring hearings are
71	entitled to participate in the final decision of the commission
72	as to that proceeding; provided, if only two commissioners are
73	assigned to a proceeding requiring hearings and cannot agree on
74	a final decision, the chair shall cast the deciding vote for
75	final disposition of the proceeding. If more than two
76	commissioners are assigned to any proceeding, a majority of the
77	members assigned shall constitute a quorum and a majority vote
78	of the members assigned shall be essential to final commission
79	disposition of those proceedings requiring actual participation
80	by the commissioners. If a commissioner becomes unavailable
81	after assignment to a particular proceeding, the chair shall
82	assign a substitute commissioner. In those proceedings assigned
83	to a hearing examiner, following the conclusion of the hearings,
84	the designated hearing examiner is responsible for preparing
85	recommendations for final disposition by a majority vote of the
86	commission. A petition for reconsideration shall be voted upon
87	by those commissioners participating in the final disposition of
88	the proceeding.
89	Section 2.  Section 350.011, Florida Statutes, is amended
90	to read:
91	350.011  Florida Public Service Commission; jurisdiction;
92	powers and duties.--The state regulatory agency heretofore known
93	as the Florida Railroad and Public Utilities Commission or
94	Florida Public Utilities Commission shall be known and hereafter
95	called Florida Public Service Commission, and all rights,
96	powers, duties, responsibilities, jurisdiction, and judicial
97	powers now vested in said Railroad and Public Utilities
98	Commission or said Florida Public Utilities Commission and the
99	commissioners thereof are vested in the Florida Public Service
100	Commission and the commissioners thereof. Whenever reference is
101	made to the Florida Railroad and Public Utilities Commission or
102	Florida Public Utilities Commission and the commissioners
103	thereof in the laws of the state previously enacted or enacted
104	at this session of the Legislature, such reference shall be
105	construed to mean the Florida Public Service Commission and the
106	commissioners thereof and all appropriations for the use of said
107	Railroad and Public Utilities Commission or Florida Public
108	Utilities Commission and the members thereof for the biennium or
109	continuing in nature previously made or made at this session of
110	the Legislature, shall be construed to be for the use of said
111	Florida Public Service Commission and the commissioners thereof,
112	to be used for the purposes set out in the laws making said
113	appropriations; provided, however, the change in name of said
114	regulatory agency shall in nowise affect any pending causes and
115	proceedings, existing notices, orders, certificates, permits,
116	licenses, or authorities previously granted or any action
117	previously taken by the Florida Railroad and Public Utilities
118	Commission or Florida Public Utilities Commission.
119	Section 3.  Section 350.012, Florida Statutes, is amended
120	to read:
121	350.012  Committee on Public Service Commission Oversight;
122	creation; membership; powers and duties.--
123	(1)  There is created a standing joint committee of the
124	Legislature, designated the Committee on Public Service
125	Commission Oversight, and composed of 12 members appointed as
126	follows: six members of the Senate appointed by the President of
127	the Senate, two of whom must be members of the minority party;
128	and six members of the House of Representatives appointed by the
129	Speaker of the House of Representatives, two of whom must be
130	members of the minority party. The terms of members shall be for
131	2 years and shall run from the organization of one Legislature
132	to the organization of the next Legislature. The President shall
133	appoint the chair of the committee in even-numbered years and
134	the vice chair in odd-numbered years, and the Speaker of the
135	House of Representatives shall appoint the chair of the
136	committee in odd-numbered years and the vice chair in even-
137	numbered years, from among the committee membership. Vacancies
138	shall be filled in the same manner as the original appointment.
139	Members shall serve without additional compensation, but shall
140	be reimbursed for expenses.
141	(2)  The committee shall be governed by joint rules of the
142	Senate and the House of Representatives which shall remain in
143	effect until repealed or amended by concurrent resolution.
144	(2)(3)  The committee shall:
145	(a)  Recommend to the Governor nominees to fill a vacancy
146	on the Public Service Commission, as provided by general law;
147	and
148	(b)  Appoint a Public Counsel as provided by general law.
149	(3)(4)  The committee is authorized to file a complaint
150	with the Commission on Ethics alleging a violation of this
151	chapter by a commissioner, former commissioner, former
152	commission employee, or member of the Public Service Commission
153	Nominating Council.
154	(4)(5)  The committee will not have a permanent staff, but
155	the President of the Senate and the Speaker of the House of
156	Representatives shall select staff members from among existing
157	legislative staff, when and as needed.
158	Section 4.  Section 350.051, Florida Statutes, is repealed.
159	Section 5.  Subsections (3) through (9) of section 350.06,
160	Florida Statutes, are amended to read:
161	350.06  Place of meeting; expenditures; employment of
162	personnel; records availability and fees.--
163	(3)  The commissioners may employ clerical, technical, and
164	professional personnel reasonably necessary for the performance
165	of their duties and. The commissioners may also employ one or
166	more persons capable of stenographic court reporting, to be
167	known as the official reporters of the commission, and fix the
168	compensation of each not to exceed $28,000 annually. The
169	official reporters shall furnish only to the commission
170	transcripts of all testimony taken by them, and the commission
171	may make and sell certified copies of such testimony and charge
172	therefor the same fees as are allowed clerks of the circuit
173	courts of the state, subject to such rules and regulations as
174	may be prescribed by the commission.
175	(4)  When needed, the commission may engage supplementary
176	qualified reporters at their usual rate of compensation;
177	however, the supplementary reporters shall furnish the
178	commission the original certified transcripts of testimony taken
179	by them, but such reporters shall have the right to sell copies
180	of such transcripts subject to rules and regulations of the
181	commission. The commission may make copies of the transcripts
182	for internal use without further compensation. When
183	supplementary reporters are unable to provide copies within a
184	reasonable time, the commission may, upon request, sell copies
185	at its usual rate and shall deposit the proceeds in the Public
186	Service Regulatory Trust Fund.
187	(5)  Upon request by the governing body of a municipal or
188	county government within 7 days after completion of the
189	transcript and its delivery to the commission, the commission
190	shall provide copies of the transcripts of testimony at the cost
191	of reproduction and mailing, but such copies need not be
192	certified unless specifically requested.
193	(5)(6)  The commission shall make available to the public
194	counsel the original copy of all transcripts for use and study
195	in the commission offices. If the commission makes any copies of
196	transcripts for internal use and if the public counsel has so
197	requested in writing to the clerk of the commission at the time
198	of his or her intervention, the commission shall supply the
199	public counsel with a copy of the transcript at no charge. In
200	all other cases, the public counsel may obtain a copy of the
201	transcript from the commission for the cost of reproduction.
202	(6)(7)  The commission shall collect for copying,
203	examining, comparing, correcting, verifying, certifying, or
204	furnishing orders, records, transcripts of testimony, papers, or
205	other instruments no more than the same fees that are allowed
206	clerks of the circuit courts of this state Florida. In cases
207	where the fee would amount to less than $1, no fee shall be
208	charged.
209	(7)(8)  Copies of commission orders furnished to public
210	officials, newspapers, periodical publications, federal
211	agencies, state officials of other states, and parties to the
212	proceeding in which the order was entered and their attorneys
213	shall be without charge. However, the commission may in its
214	discretion charge fees for the furnishing of more than one copy
215	of any order to any of the foregoing.
216	(8)(9)  The commission shall keep accounting records a book
217	in which all fees collected by it as provided for herein shall
218	be recorded, together with the amount and purpose for which
219	collected. The accounting records This book shall be a public
220	records record. The commission shall prepare a statement of
221	these fees in duplicate each month and remit one copy of the
222	statement, together with all fees collected by it, to the Chief
223	Financial Officer. All moneys collected pursuant to this section
224	by the commission shall be deposited in the State Treasury to
225	the credit of the Florida Public Service Regulatory Trust Fund.
226	Section 6.  Subsection (3) of section 350.113, Florida
227	Statutes, is amended to read:
228	350.113  Florida Public Service Regulatory Trust Fund;
229	moneys to be deposited therein.--
230	(3)  Each regulated company under the jurisdiction of the
231	commission, which company was in operation for the preceding 6-
232	month period, shall pay to the commission within 30 days
233	following the end of each 6-month period, commencing June 30,
234	1977, a fee based upon the gross operating revenues for such
235	period subject to the limitations of this subsection. The fee
236	fees shall, to the extent practicable, be related to the cost of
237	regulating such type of regulated company. and shall in no event
238	be greater than:
239	(a)  For each railroad operating under chapter 351, one-
240	eighth of 1 percent of its gross operating revenues derived from
241	intrastate business.
242	(b)  For each telephone company licensed or operating under
243	chapter 364, one-eighth of 1 percent of its gross operating
244	revenues derived from intrastate business.
245	(c)  For each "public utility" as defined in s. 366.02,
246	one-eighth of 1 percent of its gross operating revenues derived
247	from intrastate business, excluding sales for resale between
248	public utilities, municipal electric utilities, and rural
249	electric cooperatives, or any combination thereof.
250	(d)  For each municipal electric utility and rural electric
251	cooperative, one sixty-fourth of 1 percent of its gross
252	operating revenues derived from intrastate business, excluding
253	sales for resale between public utilities, municipal electric
254	utilities, and rural electric cooperatives, or any combination
255	thereof.
256	(e)  For each regulated company licensed under chapter 367,
257	2.5 percent of its gross revenues derived from intrastate
258	business.
259
260	Differences, if any, between the amount paid in any 6-month
261	period and the amount actually determined by the commission to
262	be due shall, upon notification by the commission, be
263	immediately paid or refunded. Each regulated company which is
264	subject to the jurisdiction of the commission, but which did not
265	operate under the commission's jurisdiction during the entire
266	preceding 6-month period, shall, within 30 days after the close
267	of the first 6-month period during which it commenced operations
268	under, or became subject to, the jurisdiction of the commission,
269	pay to the commission the prescribed fee based upon its gross
270	operating revenues derived from intrastate business during those
271	months or parts of months in which the regulated company did
272	operate during such 6-month period. In no event shall payments
273	under this section be less than $25 annually.
274	Section 7.  Subsection (2) of section 350.117, Florida
275	Statutes, is amended to read:
276	350.117  Reports; audits.--
277	(2)  The commission may perform management and operation
278	audits of any regulated company except railroads. The commission
279	may consider the results of such audits in establishing rates;
280	however, the company shall not be denied due process as a result
281	of the use of any such management or operation audit.
282	Section 8.  Section 350.80, Florida Statutes, is repealed.
283	Section 9.  Paragraph (d) of subsection (2) of section
284	361.08, Florida Statutes, is amended to read:
285	361.08  Right of eminent domain to coal pipeline
286	companies.--
287	(2)  Any corporation, partnership, joint venture,
288	association, or other legal entity organized under the laws of
289	this state, or under the laws of any other state and qualified
290	to do business in this state, for the purpose of supplying any
291	electric utility or utilities; any city, town, or village or the
292	inhabitants thereof; or any community with coal or its
293	derivatives and any mixture and combination thereof by pipeline,
294	and for the purpose of serving as a common carrier operating or
295	proposing to operate a pipeline or pipelines for transporting or
296	delivering coal or its derivatives or any mixture or combination
297	thereof, shall have the right of eminent domain, for the purpose
298	of acquiring title, easements, rights-of-way, or other rights or
299	interests in property, necessary to acquire and take private
300	property which is or may be needed for the construction,
301	operation, maintenance, repair, or replacement of coal slurry
302	and derivative plants, pipelines, pumping stations, and any
303	other installations and works incident thereto. The procedure to
304	condemn property or interest therein shall be exercised in the
305	manner set forth in chapters 73 and 74. In any condemnation
306	proceeding under this act, the circuit court shall restrict the
307	exercise of the right of eminent domain in the following
308	particulars:
309	(d)  The court, in any condemnation proceeding brought
310	pursuant to this section, shall be bound by the findings of the
311	Florida Public Service Commission on the general issues of
312	economic and environmental feasibility as determined pursuant to
313	s. 350.80.
314	Section 10.  This act shall take effect July 1, 2006.

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