Florida Senate - 2017 CS for SB 1146 By the Committee on Communications, Energy, and Public Utilities; and Senator Broxson 579-02999-17 20171146c1 1 A bill to be entitled 2 An act relating to representation by the Public 3 Counsel; amending s. 350.0611, F.S.; authorizing the 4 Public Counsel to provide representation in 5 proceedings of municipal and other government water 6 and wastewater utilities; authorizing the Public 7 Counsel to represent customers living outside the 8 jurisdictional boundaries of a local government water 9 and wastewater utility in ratesetting proceedings; 10 providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Section 350.0611, Florida Statutes, is amended 15 to read: 16 350.0611 Public Counsel; duties and powers.—It shall be the duty 17 of the Public Counsel to provide legal representation for the 18 people of the state in proceedings before the commission,
andin 19 proceedings before counties pursuant to s. 367.171(8), and in 20 proceedings of municipal and other local government water and 21 wastewater utilities. The Public Counsel shall have such powers 22 as are necessary to carry out the duties of his or her office, 23 including, but not limited to, the following specific powers: 24 (1)(a) To recommend to the commission or the counties, by 25 petition, the commencement of any proceeding or action or to 26 appear, in the name of the state or its citizens, in any 27 proceeding or action before the commission or the counties and 28 urge therein any position which he or she deems to be in the 29 public interest, whether consistent or inconsistent with 30 positions previously adopted by the commission or the counties, 31 and utilize therein all forms of discovery available to 32 attorneys in civil actions generally, subject to protective 33 orders of the commission or the counties which shall be 34 reviewable by summary procedure in the circuit courts of this 35 state; and 36 (b) To represent ratepayers living outside the 37 jurisdictional boundary of a local government that provides a 38 water and wastewater utility service to those ratepayers in a 39 proceeding in which rates for the local government water and 40 wastewater utility services are determined; 41 (2) To have access to and use of all files, records, and 42 data of the commission or the counties available to any other 43 attorney representing parties in a proceeding before the 44 commission or the counties; 45 (3) In any proceeding in which he or she has participated 46 as a party, to seek review of any determination, finding, or 47 order of the commission or the counties, or of any hearing 48 examiner designated by the commission or the counties, in the 49 name of the state or its citizens; 50 (4) To prepare and issue reports, recommendations, and 51 proposed orders to the commission, the Governor, and the 52 Legislature on any matter or subject within the jurisdiction of 53 the commission, and to make such recommendations as he or she 54 deems appropriate for legislation relative to commission 55 procedures, rules, jurisdiction, personnel, and functions; and 56 (5) To appear before other state agencies, federal 57 agencies, and state and federal courts in connection with 58 matters under the jurisdiction of the commission, in the name of 59 the state or its citizens. 60 Section 2. This act shall take effect July 1, 2017.