1 | A bill to be entitled |
2 | An act relating to the Public Service Commission; amending |
3 | s. 350.01, F.S.; conforming the beginning of a |
4 | commissioner's term as chair with the beginning of terms |
5 | of commissioners; correcting cross-references; amending s. |
6 | 350.012, F.S.; renaming the Committee on Public Service |
7 | Commission Oversight, a standing joint committee of the |
8 | Legislature, as the "Committee on Public Counsel |
9 | Oversight"; deleting the committee's authority to |
10 | recommend to the Governor nominees to fill vacancies on |
11 | the Public Service Commission; deleting the committee's |
12 | authority to file an ethics complaint against a member, |
13 | former member, or former employee of the commission, or a |
14 | member of the Public Service Commission Nominating |
15 | Council; amending s. 350.03, F.S.; clarifying power of the |
16 | Governor to remove and fill commission vacancies; amending |
17 | s. 350.031, F.S.; increasing the number of members on the |
18 | Public Service Commission Nominating Council; requiring |
19 | the President of the Senate and the Speaker of the House |
20 | of Representatives to appoint a chair and vice chair to |
21 | the council in alternating years; removing spending |
22 | authority for the council to advertise vacancies; |
23 | requiring the council to submit recommendations for |
24 | filling vacancies on the commission to the Governor; |
25 | requiring the council to nominate a minimum of three |
26 | persons for each vacancy; revising the date that |
27 | recommendations for vacancies must be submitted; |
28 | specifying provisions under which a successor Governor may |
29 | remove an appointee; providing for the council to fill a |
30 | vacancy on the commission if the Governor fails to do so; |
31 | amending ss. 350.061 and 350.0614, F.S., relating to the |
32 | appointment, oversight, and compensation of the Public |
33 | Counsel; conforming provisions to changes made by the act; |
34 | providing an effective date. |
35 |
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36 | Be It Enacted by the Legislature of the State of Florida: |
37 |
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38 | Section 1. Paragraphs (a) and (b) of subsection (2) and |
39 | subsection (4) of section 350.01, Florida Statutes, are amended |
40 | to read: |
41 | 350.01 Florida Public Service Commission; terms of |
42 | commissioners; vacancies; election and duties of chair; quorum; |
43 | proceedings.-- |
44 | (2)(a) Each commissioner serving on July 1, 1978, shall be |
45 | permitted to remain in office until the completion of his or her |
46 | current term. Upon the expiration of the term, a successor shall |
47 | be appointed in the manner prescribed by s. 350.031(4), (5), and |
48 | (6) s. 350.031(5), (6), and (7) for a 4-year term, except that |
49 | the terms of the initial members appointed under this act shall |
50 | be as follows: |
51 | 1. The vacancy created by the present term ending in |
52 | January, 1981, shall be filled by appointment for a 4-year term |
53 | and for 4-year terms thereafter; and |
54 | 2. The vacancies created by the two present terms ending |
55 | in January, 1979, shall be filled by appointment for a 3-year |
56 | term and for 4-year terms thereafter. |
57 | (b) Two additional commissioners shall be appointed in the |
58 | manner prescribed by s. 350.031(4), (5), and (6) s. 350.031(5), |
59 | (6), and (7) for 4-year terms beginning the first Tuesday after |
60 | the first Monday in January, 1979, and successors shall be |
61 | appointed for 4-year terms thereafter with each term beginning |
62 | on January 2 of the year the term commences and ending 4 years |
63 | later on January 1. |
64 | (4) One member of the commission shall be elected by |
65 | majority vote to serve as chair for a term of 2 years, beginning |
66 | on January 2 of the first year of the term with the first |
67 | Tuesday after the first Monday in January 1979. A member may not |
68 | serve two consecutive terms as chair. |
69 | Section 2. Section 350.012, Florida Statutes, is amended |
70 | to read: |
71 | 350.012 Committee on Public Counsel Service Commission |
72 | Oversight; creation; membership; powers and duties.-- |
73 | (1) There is created a standing joint committee of the |
74 | Legislature, designated the Committee on Public Counsel Service |
75 | Commission Oversight, and composed of 12 members appointed as |
76 | follows: six members of the Senate appointed by the President of |
77 | the Senate, two of whom must be members of the minority party; |
78 | and six members of the House of Representatives appointed by the |
79 | Speaker of the House of Representatives, two of whom must be |
80 | members of the minority party. The terms of members shall be for |
81 | 2 years and shall run from the organization of one Legislature |
82 | to the organization of the next Legislature. The President shall |
83 | appoint the chair of the committee in even-numbered years and |
84 | the vice chair in odd-numbered years, and the Speaker of the |
85 | House of Representatives shall appoint the chair of the |
86 | committee in odd-numbered years and the vice chair in even- |
87 | numbered years, from among the committee membership. Vacancies |
88 | shall be filled in the same manner as the original appointment. |
89 | Members shall serve without additional compensation, but shall |
90 | be reimbursed for expenses. |
91 | (2) The committee shall: |
92 | (a) Recommend to the Governor nominees to fill a vacancy |
93 | on the Public Service Commission, as provided by general law; |
94 | and |
95 | (b) appoint a Public Counsel as provided by general law. |
96 | (3) The committee is authorized to file a complaint with |
97 | the Commission on Ethics alleging a violation of this chapter by |
98 | a commissioner, former commissioner, former commission employee, |
99 | or member of the Public Service Commission Nominating Council. |
100 | (3)(4) The committee will not have a permanent staff, but |
101 | the President of the Senate and the Speaker of the House of |
102 | Representatives shall select staff members from among existing |
103 | legislative staff, when and as needed. |
104 | Section 3. Section 350.03, Florida Statutes, is amended to |
105 | read: |
106 | 350.03 Power of Governor to remove and to fill |
107 | vacancies.--The Governor shall have the same power to remove, |
108 | suspend, or appoint to fill vacancies in the office of |
109 | commissioners as in other offices, as set forth in s. 7, Art. IV |
110 | of the State Constitution. |
111 | Section 4. Subsections (1), (4), (5), (6), (7), and (8) of |
112 | section 350.031, Florida Statutes, are amended to read: |
113 | 350.031 Florida Public Service Commission Nominating |
114 | Council.-- |
115 | (1) There is created a Florida Public Service Commission |
116 | Nominating Council consisting of 12 nine members. At least one |
117 | member of the council must be 60 years of age or older. Six |
118 | Three members, including three members one member of the House |
119 | of Representatives, one of whom must be a member of the minority |
120 | party, shall be appointed by and serve at the pleasure of the |
121 | Speaker of the House of Representatives. Six; three members, |
122 | including three members one member of the Senate, one of whom |
123 | must be a member of the minority party, shall be appointed by |
124 | and serve at the pleasure of the President of the Senate; and |
125 | three members shall be selected and appointed by a majority vote |
126 | of the other six members of the council. All terms shall be for |
127 | 4 years except those members of the House and Senate, who shall |
128 | serve 2-year terms concurrent with the 2-year elected terms of |
129 | House members. The President of the Senate shall appoint the |
130 | chair of the council in even-numbered years and the vice chair |
131 | in odd-numbered years, and the Speaker of the House of |
132 | Representatives shall appoint the chair of the council in odd- |
133 | numbered years and the vice chair in even-numbered years, from |
134 | among the council membership. Vacancies on the council shall be |
135 | filled for the unexpired portion of the term in the same manner |
136 | as original appointments to the council. A member may not be |
137 | reappointed to the council, except for a member of the House of |
138 | Representatives or the Senate who may be appointed to two 2-year |
139 | terms or a person who is appointed to fill the remaining portion |
140 | of an unexpired term. |
141 | (4) The council may spend a nominal amount, not to exceed |
142 | $10,000, to advertise a vacancy on the council, which shall be |
143 | funded by the Florida Public Service Regulatory Trust Fund. |
144 | (4)(5) A person may not be nominated to the Governor |
145 | Committee on Public Service Commission Oversight until the |
146 | council has determined that the person is competent and |
147 | knowledgeable in one or more fields, which shall include, but |
148 | not be limited to: public affairs, law, economics, accounting, |
149 | engineering, finance, natural resource conservation, energy, or |
150 | another field substantially related to the duties and functions |
151 | of the commission. The commission shall fairly represent the |
152 | above-stated fields. Recommendations of the council shall be |
153 | nonpartisan. |
154 | (5)(6) It is the responsibility of the council to nominate |
155 | to the Governor no fewer than three Committee on Public Service |
156 | Commission Oversight six persons for each vacancy occurring on |
157 | the Public Service Commission. The council shall submit the |
158 | recommendations to the Governor committee by September 15 August |
159 | 1 of those years in which the terms are to begin the following |
160 | January, or within 60 days after a vacancy occurs for any reason |
161 | other than the expiration of the term. |
162 | (6)(7) The Committee on Public Service Commission |
163 | Oversight shall select from the list of nominees provided by the |
164 | nominating council three nominees for recommendation to the |
165 | Governor for appointment to the commission. The recommendations |
166 | must be provided to the Governor within 45 days after receipt of |
167 | the list of nominees. The Governor shall fill a vacancy |
168 | occurring on the Public Service Commission by appointment of one |
169 | of the applicants nominated by the council committee only after |
170 | a background investigation of such applicant has been conducted |
171 | by the Florida Department of Law Enforcement. If the Governor |
172 | has not made an appointment within 30 consecutive calendar days |
173 | after the receipt of the recommendation, the council committee, |
174 | by majority vote, shall appoint, within 30 days after the |
175 | expiration of the Governor's time to make an appointment, one |
176 | person from the applicants previously nominated to the Governor |
177 | to fill the vacancy. After an appointment has been made pursuant |
178 | to this subsection, a successor Governor may remove an appointee |
179 | only as provided in s. 350.03. |
180 | (7)(8) Each appointment to the Public Service Commission |
181 | shall be subject to confirmation by the Senate during the next |
182 | regular session after the vacancy occurs. If the Senate refuses |
183 | to confirm or fails to consider rejects the Governor's |
184 | appointment, the council shall initiate, in accordance with this |
185 | section, the nominating process within 30 days. |
186 | Section 5. Subsection (1) of section 350.061, Florida |
187 | Statutes, is amended to read: |
188 | 350.061 Public Counsel; appointment; oath; restrictions on |
189 | Public Counsel and his or her employees.-- |
190 | (1) The Committee on Public Counsel Service Commission |
191 | Oversight shall appoint a Public Counsel by majority vote of the |
192 | members of the committee to represent the general public of |
193 | Florida before the Florida Public Service Commission. The Public |
194 | Counsel shall be an attorney admitted to practice before the |
195 | Florida Supreme Court and shall serve at the pleasure of the |
196 | Committee on Public Counsel Service Commission Oversight, |
197 | subject to biennial reconfirmation by the committee. The Public |
198 | Counsel shall perform his or her duties independently. Vacancies |
199 | in the office shall be filled in the same manner as the original |
200 | appointment. |
201 | Section 6. Subsection (2) of section 350.0614, Florida |
202 | Statutes, is amended to read: |
203 | 350.0614 Public Counsel; compensation and expenses.-- |
204 | (2) The Legislature declares and determines that the |
205 | Public Counsel is under the legislative branch of government |
206 | within the intention of the legislation as expressed in chapter |
207 | 216, and no power shall be in the Executive Office of the |
208 | Governor or its successor to release or withhold funds |
209 | appropriated to it, but the same shall be available for |
210 | expenditure as provided by law and the rules or decisions of the |
211 | Committee on Public Counsel Service Commission Oversight. |
212 | Section 7. This act shall take effect upon becoming a law. |