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Senator Saunders moved the following amendment:

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     Senate Amendment (with directory and title amendments)

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     Delete line(s) 1942-1943

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and insert:

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     Section 29.  Paragraphs (a) and (c) of subsection (2), and

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subsection (4) of section 350.01, Florida Statutes, are amended

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to read:

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     350.01  Florida Public Service Commission; terms of

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commissioners; vacancies; election and duties of chair; quorum;

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proceedings.--

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     (2)(a)  Each commissioner serving on July 1, 1978, shall be

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permitted to remain in office until the completion of his or her

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current term. Upon the expiration of the term, a successor shall

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be appointed in the manner prescribed by s. 350.031(4),(5), and

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(6), and (7) for a 4-year term, except that the terms of the

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initial members appointed under this act shall be as follows:

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     1.  The vacancy created by the present term ending in

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January, 1981, shall be filled by appointment for a 4-year term

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and for 4-year terms thereafter; and

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     2.  The vacancies created by the two present terms ending in

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January, 1979, shall be filled by appointment for a 3-year term

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and for 4-year terms thereafter.

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     (b)  Two additional commissioners shall be appointed in the

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manner prescribed by s. 350.031(4), (5), and (6), and (7) for 4-

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year terms beginning the first Tuesday after the first Monday in

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January, 1979, and successors shall be appointed for 4-year terms

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thereafter with each term beginning on January 2 of the year the

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term commences and ending 4 years later on January 1.

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     (c)  Vacancies on the commission shall be filled for the

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unexpired portion of the term in the same manner as original

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appointments to the commission.

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     (4)  One member of the commission shall be elected by

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majority vote to serve as chair for a term of 2 years, beginning

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on January 2 of the first year of the term with the first Tuesday

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after the first Monday in January 1979. A member may not serve

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two consecutive terms as chair.

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     Section 30.  Section 350.012, Florida Statutes, is amended

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to read:

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     350.012 Committee on Public Counsel Service Commission

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Oversight; creation; membership; powers and duties.--

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     (1)  There is created a standing joint committee of the

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Legislature, designated the Committee on Public Counsel Service

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Commission Oversight, and composed of 12 members appointed as

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follows: six members of the Senate appointed by the President of

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the Senate, two of whom must be members of the minority party;

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and six members of the House of Representatives appointed by the

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Speaker of the House of Representatives, two of whom must be

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members of the minority party. The terms of members shall be for

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2 years and shall run from the organization of one Legislature to

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the organization of the next Legislature. The President shall

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appoint the chair of the committee in even-numbered years and the

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vice chair in odd-numbered years, and the Speaker of the House of

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Representatives shall appoint the chair of the committee in odd-

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numbered years and the vice chair in even-numbered years, from

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among the committee membership. Vacancies shall be filled in the

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same manner as the original appointment. Members shall serve

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without additional compensation, but shall be reimbursed for

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expenses.

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     (2)  The committee shall:

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     (a) Recommend to the Governor nominees to fill a vacancy on

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the Public Service Commission, as provided by general law; and

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     (b) Appoint a Public Counsel as provided by general law.

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     (3) The committee is authorized to file a complaint with

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the Commission on Ethics alleging a violation of this chapter by

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a commissioner, former commissioner, former commission employee,

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or member of the Public Service Commission Nominating Council.

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     (3)(4) The committee will not have a permanent staff, but

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the President of the Senate and the Speaker of the House of

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Representatives shall select staff members from among existing

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legislative staff, when and as needed.

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          Section 31.  Section 350.03, Florida Statutes, is

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amended to read:

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     350.03  Power of Governor to remove and to fill

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vacancies.--The Governor shall have the same power to remove,

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suspend, or appoint to fill vacancies in the office of

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commissioners as in other offices, as set forth in s. 7, Art. IV

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of the State Constitution.

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          Section 32.  Subsections (1), (4), (5), (6), (7), and

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(8) of section 350.031, Florida Statutes, are amended to read:

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     350.031  Florida Public Service Commission Nominating

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Council.--

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     (1)  There is created a Florida Public Service Commission

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Nominating Council consisting of nine members. At least one

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member of the council must be 60 years of age or older. Six Three

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members, including three members one member of the House of

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Representatives, one of whom must be a member of the minority

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party, shall be appointed by and serve at the pleasure of the

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Speaker of the House of Representatives; six three members,

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including three members one member of the Senate, one of whom

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must be a member of the minority party, shall be appointed by and

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serve at the pleasure of the President of the Senate; and three

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members shall be selected and appointed by a majority vote of the

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other six members of the council. All terms shall be for 4 years

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except those members of the House and Senate, who shall serve 2-

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year terms concurrent with the 2-year elected terms of House

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members. The President of the Senate shall appoint the chair of

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the council in even-numbered years and the vice chair in odd-

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numbered years, and the Speaker of the House of Representatives

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shall appoint the chair of the council in odd-numbered years and

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the vice chair in even-numbered years, from among the council

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membership. Vacancies on the council shall be filled for the

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unexpired portion of the term in the same manner as original

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appointments to the council. A member may not be reappointed to

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the council, except for a member of the House of Representatives

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or the Senate who may be appointed to two 2-year terms or a

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person who is appointed to fill the remaining portion of an

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unexpired term.

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     (4) The council may spend a nominal amount, not to exceed

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$10,000, to advertise a vacancy on the council, which shall be

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funded by the Florida Public Service Regulatory Trust Fund.

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     (4)(5) A person may not be nominated to the Governor

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Committee on Public Service Commission Oversight until the

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council has determined that the person is competent and

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knowledgeable in one or more fields, which shall include, but not

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be limited to: public affairs, law, economics, accounting,

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engineering, finance, natural resource conservation, energy, or

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another field substantially related to the duties and functions

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of the commission. The commission shall fairly represent the

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above-stated fields. Recommendations of the council shall be

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nonpartisan.

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     (5)(6) It is the responsibility of the council to nominate

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to the Governor no fewer than three Committee on Public Service

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Commission Oversight six persons for each vacancy occurring on

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the Public Service Commission. The council shall submit the

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recommendations to the Governor committee by September 15 August

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1 of those years in which the terms are to begin the following

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January, or within 60 days after a vacancy occurs for any reason

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other than the expiration of the term.

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     (6)(7) The Committee on Public Service Commission Oversight

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shall select from the list of nominees provided by the nominating

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council three nominees for recommendation to the Governor for

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appointment to the commission. The recommendations must be

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provided to the Governor within 45 days after receipt of the list

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of nominees. The Governor shall fill a vacancy occurring on the

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Public Service Commission by appointment of one of the applicants

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nominated by the committee only after a background investigation

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of such applicant has been conducted by the Florida Department of

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Law Enforcement. If the Governor has not made an appointment

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within 30 consecutive calendar days after the receipt of the

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recommendation, the council committee, by majority vote, shall

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appoint, within 30 days after the expiration of the Governor's

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time to make an appointment, one person from the applicants

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previously nominated to the Governor to fill the vacancy. After

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an appointment has been made pursuant to this subsection, a

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successor Governor may remove an appointee only as provided in s.

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350.03.

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     (7)(8) Each appointment to the Public Service Commission

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shall be subject to confirmation by the Senate during the next

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regular session after the vacancy occurs. If the Senate refuses

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to confirm or fails to consider rejects the Governor's

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appointment, the council shall initiate, in accordance with this

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section, the nominating process within 30 days.

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     Section 33.  Subsection (1) of section 350.061, Florida

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Statutes, is amended to read:

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     350.061  Public Counsel; appointment; oath; restrictions on

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Public Counsel and his or her employees.--

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     (1) The Committee on Public Counsel Service Commission

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Oversight shall appoint a Public Counsel by majority vote of the

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members of the committee to represent the general public of

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Florida before the Florida Public Service Commission. The Public

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Counsel shall be an attorney admitted to practice before the

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Florida Supreme Court and shall serve at the pleasure of the

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Committee on Public Counsel Service Commission Oversight, subject

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to biennial reconfirmation by the committee. The Public Counsel

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shall perform his or her duties independently. Vacancies in the

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office shall be filled in the same manner as the original

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appointment.

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     Section 34.  Subsection (2) of section 350.0614, Florida

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Statutes, is amended to read:

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     350.0614  Public Counsel; compensation and expenses.--

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     (2)  The Legislature declares and determines that the Public

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Counsel is under the legislative branch of government within the

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intention of the legislation as expressed in chapter 216, and no

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power shall be in the Executive Office of the Governor or its

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successor to release or withhold funds appropriated to it, but

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the same shall be available for expenditure as provided by law

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and the rules or decisions of the Committee on Public Counsel

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Service Commission Oversight.

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(Renumber subsequent sections)

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 158 after the semicolon ";"

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insert:

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amending s. 350.01, F.S.; specifying when the term of the

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chairman of the Public Service Commission will begin;

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amending s. 350.02, F.S.; creating the joint legislative

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Committee on Public Counsel Oversight; providing duties

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and staff; amending s. 350.03, F.S.; specifying how

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vacancies to the Public Service Commission shall be

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filled; amending s. 350.031, F.S.; revising the membership

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and duties of the Florida Public Service Commission

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Nominating Council; amending s. 350.061, F.S.; providing

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that the Committee on Public Counsel shall appoint a

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Public Counsel; amending s. 350.0614, F.S.; conforming

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references to the Committee on Public Counsel Oversight;

4/15/2008  8:08:00 PM     EP.37.07744