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

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