1 | Representative Murzin offered the following: |
2 |
|
3 | Substitute Amendment for Amendment (220699) (with title |
4 | amendment) |
5 | Remove lines 1607-1754 and insert: |
6 | Section 27. Subsections (2), (3), and (4) of section |
7 | 350.01, Florida Statutes, are amended to read: |
8 | 350.01 Florida Public Service Commission; terms of |
9 | commissioners; vacancies; election and duties of chair; quorum; |
10 | proceedings.-- |
11 | (2)(a) Each commissioner serving on July 1, 1978, shall be |
12 | permitted to remain in office until the completion of his or her |
13 | current term. Upon the expiration of the term, a successor shall |
14 | be appointed in the manner prescribed by s. 350.031(4), (5), and |
15 | (6), and (7) for a 4-year term, except that the terms of the |
16 | initial members appointed under this act shall be as follows: |
17 | 1. The vacancy created by the present term ending in |
18 | January, 1981, shall be filled by appointment for a 4-year term |
19 | and for 4-year terms thereafter; and |
20 | 2. The vacancies created by the two present terms ending |
21 | in January, 1979, shall be filled by appointment for a 3-year |
22 | term and for 4-year terms thereafter. |
23 | (b) Two additional commissioners shall be appointed in the |
24 | manner prescribed by s. 350.031(4), (5), and (6), and (7) for 4- |
25 | year terms beginning the first Tuesday after the first Monday in |
26 | January, 1979, and successors shall be appointed for 4-year |
27 | terms thereafter with each term beginning on January 2 of the |
28 | year the term commences and ending 4 years later on January 1. |
29 | (c) Vacancies on the commission shall be filled for the |
30 | unexpired portion of the term in the same manner as original |
31 | appointments to the commission. |
32 | (3) Any person serving on the commission who seeks to be |
33 | appointed or reappointed shall file with the nominating council |
34 | no later than June 1 prior to the year in which his or her term |
35 | expires at least 210 days before the expiration of his or her |
36 | term a statement that he or she desires to serve an additional |
37 | term. |
38 | (4) One member of the commission shall be elected by |
39 | majority vote to serve as chair for a term of 2 years, beginning |
40 | on January 2 of the first year of the term with the first |
41 | Tuesday after the first Monday in January 1979. A member may not |
42 | serve two consecutive terms as chair. |
43 | Section 28. Section 350.012, Florida Statutes, is amended |
44 | to read: |
45 | 350.012 Committee on Public Counsel Service Commission |
46 | Oversight; creation; membership; powers and duties.-- |
47 | (1) There is created a standing joint committee of the |
48 | Legislature, designated the Committee on Public Counsel Service |
49 | Commission Oversight, and composed of 12 members appointed as |
50 | follows: six members of the Senate appointed by the President of |
51 | the Senate, two of whom must be members of the minority party; |
52 | and six members of the House of Representatives appointed by the |
53 | Speaker of the House of Representatives, two of whom must be |
54 | members of the minority party. The terms of members shall be for |
55 | 2 years and shall run from the organization of one Legislature |
56 | to the organization of the next Legislature. The President shall |
57 | appoint the chair of the committee in even-numbered years and |
58 | the vice chair in odd-numbered years, and the Speaker of the |
59 | House of Representatives shall appoint the chair of the |
60 | committee in odd-numbered years and the vice chair in even- |
61 | numbered years, from among the committee membership. Vacancies |
62 | shall be filled in the same manner as the original appointment. |
63 | Members shall serve without additional compensation, but shall |
64 | be reimbursed for expenses. |
65 | (2) The committee shall: |
66 | (a) Recommend to the Governor nominees to fill a vacancy |
67 | on the Public Service Commission, as provided by general law; |
68 | and |
69 | (b) appoint a Public Counsel as provided by general law. |
70 | (3) The committee is authorized to file a complaint with |
71 | the Commission on Ethics alleging a violation of this chapter by |
72 | a commissioner, former commissioner, former commission employee, |
73 | or member of the Public Service Commission Nominating Council. |
74 | (3)(4) The committee will not have a permanent staff, but |
75 | the President of the Senate and the Speaker of the House of |
76 | Representatives shall select staff members from among existing |
77 | legislative staff, when and as needed. |
78 | Section 29. Section 350.03, Florida Statutes, is amended |
79 | to read: |
80 | 350.03 Power of Governor to remove and to fill |
81 | vacancies.-- The Governor shall have the same power to remove, |
82 | suspend, or appoint to fill vacancies in the office of |
83 | commissioners as in other offices, as set forth in s. 7, Art. IV |
84 | of the State Constitution. |
85 | Section 30. Subsections (1) and (4) through (8) of section |
86 | 350.031, Florida Statutes, are amended to read: |
87 | 350.031 Florida Public Service Commission Nominating |
88 | Council.-- |
89 | (1)(a) There is created a Florida Public Service |
90 | Commission Nominating Council consisting of 12 nine members. At |
91 | least one member of the council must be 60 years of age or |
92 | older. Six Three members, including three members one member of |
93 | the House of Representatives, one of whom shall be a member of |
94 | the minority party, shall be appointed by and serve at the |
95 | pleasure of the Speaker of the House of Representatives. Six; |
96 | three members, including three members one member of the Senate, |
97 | one of whom shall be a member of the minority party, shall be |
98 | appointed by and serve at the pleasure of the President of the |
99 | Senate; and three members shall be selected and appointed by a |
100 | majority vote of the other six members of the council. |
101 | (b) All terms shall be for 4 years except those members of |
102 | the House and Senate, who shall serve 2-year terms concurrent |
103 | with the 2-year elected terms of House members. All terms of the |
104 | members of the Public Service Commission Nominating Council |
105 | existing on June 30, 2008, shall terminate upon the effective |
106 | date of this act; however, such members may serve an additional |
107 | term if reappointed by the Speaker of the House of |
108 | Representatives or the President of the Senate. To establish |
109 | staggered terms, appointments of members shall be made for |
110 | initial terms to begin on July 1, 2008, with each appointing |
111 | officer to appoint three legislator members, one of whom shall |
112 | be a member of the minority party, to terms through the |
113 | remainder of the 2-year elected terms of House members; one non- |
114 | legislator member to a 6-month term; one non-legislator member |
115 | to a 30-month term; and one non-legislator member to a 42-month |
116 | term. Thereafter, the terms of the Public Service Commission |
117 | Nominating Council shall begin on January 2. |
118 | (c) The President of the Senate shall appoint the chair of |
119 | the council in even-numbered years and the vice chair in odd- |
120 | numbered years, and the Speaker of the House of Representatives |
121 | shall appoint the chair of the council in odd-numbered years and |
122 | the vice chair in even-numbered years, from among the council |
123 | membership. |
124 | (d) Vacancies on the council shall be filled for the |
125 | unexpired portion of the term in the same manner as original |
126 | appointments to the council. A member may not be reappointed to |
127 | the council, except for a member of the House of Representatives |
128 | or the Senate who may be appointed to two 2-year terms, members |
129 | who are reappointed pursuant to paragraph (b), or a person who |
130 | is appointed to fill the remaining portion of an unexpired term. |
131 | (4) The council may spend a nominal amount, not to exceed |
132 | $10,000, to advertise a vacancy on the council, which shall be |
133 | funded by the Florida Public Service Regulatory Trust Fund. |
134 | (4)(5) A person may not be nominated to the Governor for |
135 | appointment to the Committee on Public Service Commission |
136 | Oversight until the council has determined that the person is |
137 | competent and knowledgeable in one or more fields, which shall |
138 | include, but not be limited to: public affairs, law, economics, |
139 | accounting, engineering, finance, natural resource conservation, |
140 | energy, or another field substantially related to the duties and |
141 | functions of the commission. The commission shall fairly |
142 | represent the above-stated fields. Recommendations of the |
143 | council shall be nonpartisan. |
144 | (5)(6) It is the responsibility of the council to nominate |
145 | to the Governor no fewer than three Committee on Public Service |
146 | Commission Oversight six persons for each vacancy occurring on |
147 | the Public Service Commission. The council shall submit the |
148 | recommendations to the Governor by September 15 committee by |
149 | August 1 of those years in which the terms are to begin the |
150 | following January, or within 60 days after a vacancy occurs for |
151 | any reason other than the expiration of the term. |
152 | (6)(7) The Committee on Public Service Commission |
153 | Oversight shall select from the list of nominees provided by the |
154 | nominating council three nominees for recommendation to the |
155 | Governor for appointment to the commission. The recommendations |
156 | must be provided to the Governor within 45 days after receipt of |
157 | the list of nominees. The Governor shall fill a vacancy |
158 | occurring on the Public Service Commission by appointment of one |
159 | of the applicants nominated by the council committee only after |
160 | a background investigation of such applicant has been conducted |
161 | by the Florida Department of Law Enforcement. If the Governor |
162 | has not made an appointment within 30 consecutive calendar days |
163 | after the receipt of the recommendation, the council committee, |
164 | by majority vote, shall appoint, within 30 days after the |
165 | expiration of the Governor's time to make an appointment, one |
166 | person from the applicants previously nominated to the Governor |
167 | to fill the vacancy. After an appointment has been made pursuant |
168 | to this subsection, a successor Governor may remove an appointee |
169 | only as provided in s. 350.03. |
170 | (7)(8) Each appointment to the Public Service Commission |
171 | shall be subject to confirmation by the Senate during the next |
172 | regular session after the vacancy occurs. If the Senate refuses |
173 | to confirm or fails to consider rejects the Governor's |
174 | appointment, the council shall initiate, in accordance with this |
175 | section, the nominating process within 30 days. |
176 |
|
177 |
|
178 |
|
179 |
|
180 | ----------------------------------------------------- |
181 | T I T L E A M E N D M E N T |
182 | Remove lines 155-157 and insert: |
183 | the commission if the Governor fails to do so; amending ss. |
184 | 350.061 and |