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A bill to be entitled

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An act relating to the Public Service Commission; amending

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s. 350.01, F.S.; conforming the beginning of a Public

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Service Commissioner's term as chair with the beginning of

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terms of commissioners; amending s. 350.012, F.S.;

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renaming the Committee on Public Service Commission

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Oversight, a standing joint committee of the Legislature,

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as the "Committee on Public Counsel Oversight"; deleting

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the committee's authority to recommend to the Governor

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nominees to fill vacancies on the Public Service

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Commission; deleting the committee's authority to file an

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ethics complaint against a member, former member, or

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former employee of the commission, or a member of the

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Public Service Commission Nominating Council; amending s.

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350.031, F.S.; increasing the number of members on the

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council; requiring the President of the Senate and the

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Speaker of the House of Representatives to appoint a chair

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and vice chair to the council in alternating years;

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requiring the council to submit recommendations for

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vacancies on the Public Service Commission to the

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Governor; requiring the council to nominate a minimum of

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three persons for each vacancy; revising the date that

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recommendations for vacancies must be submitted; providing

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for the council to fill a vacancy on the commission if the

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Governor fails to do so; authorizing a successor Governor

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to recall an unconfirmed appointee under certain

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circumstances; amending ss. 350.061 and 350.0614, F.S.,

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relating to the appointment, oversight, and compensation

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of the Public Counsel; conforming provisions to changes

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made by the act; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (4) of section 350.01, Florida

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Statutes, is amended 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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     (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 2.  Section 350.012, Florida Statutes, is amended to

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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 3.  Subsections (1), (5), (6), (7), and (8) of

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

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on Public Service Commission Oversight until the council has

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determined that the person is competent and knowledgeable in one

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or more fields, which shall include, but not be limited to:

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public affairs, law, economics, accounting, engineering, finance,

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natural resource conservation, energy, or another field

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substantially related to the duties and functions of the

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commission. The commission shall fairly represent the above-

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stated fields. Recommendations of the council shall be

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nonpartisan.

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

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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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     (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 council committee only after a background

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investigation of such applicant has been conducted by the Florida

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Department of Law Enforcement. If the Governor has not made an

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appointment within 30 consecutive calendar days after the receipt

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of the recommendation, the council committee, by majority vote,

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shall appoint, within 30 days after the expiration of the

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Governor's time to make an appointment, one person from the

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applicants previously nominated to the Governor to fill the

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vacancy.

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     (8)  Each appointment to the Public Service Commission shall

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be subject to confirmation by the Senate during the next regular

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session after the vacancy occurs. If the Senate refuses to

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confirm or fails to consider rejects the Governor's appointment,

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the council shall initiate, in accordance with this section, the

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nominating process within 30 days.

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     (9) When the Governor makes an appointment and that

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appointment has not been confirmed by the Senate before the

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appointing Governor's term ends, a successor Governor may, within

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30 days after taking office, recall the appointment and, prior to

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the first day of the next regular session, make a replacement

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appointment from the list provided to the previous Governor by

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the council. Such an appointment is subject to confirmation by

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the Senate at the next regular session following the creation of

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the vacancy to which the appointments are being made. If the

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replacement appointment is not timely made, or if the appointment

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is not confirmed by the Senate for any reason, the council, by

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majority vote, shall appoint, within 30 days after the

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Legislature adjourns sine die, one person from the applicants

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previously nominated to the Governor to fill the vacancy, and

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this appointee is subject to confirmation by the Senate during

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the next regular session following the appointment.

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     Section 4.  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 5.  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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     Section 6.  This act shall take effect upon becoming a law.