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Senator Saunders moved the following amendment:

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     Senate Amendment

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     Between line(s) 2043-2044

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and insert:

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     Section 30.  Section 350.01, Florida Statutes, is amended to

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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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     (1)  The Florida Public Service Commission shall consist of

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five commissioners appointed pursuant to s. 350.031.

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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(5), (6), and

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

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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(5), (6), and (7) for 4-year terms

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beginning the first Tuesday after the first Monday in January,

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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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     (3)  Any person serving on the commission who seeks to be

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appointed or reappointed shall file with the nominating council

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no later than June 1 prior to the year in which his or her term

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expires at least 210 days before the expiration of his or her

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term a statement that he or she desires to serve an additional

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term.

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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 1 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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     (5)  The primary duty of the chair is to serve as chief

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administrative officer of the commission; however, the chair may

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participate in any proceedings pending before the commission when

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administrative duties and time permit. In order to distribute the

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workload and expedite the commission's calendar, the chair, in

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addition to other administrative duties, has authority to assign

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the various proceedings pending before the commission requiring

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hearings to two or more commissioners or to the commission's

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staff of hearing examiners under the supervision of the office of

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general counsel. Only those commissioners assigned to a

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proceeding requiring hearings are entitled to participate in the

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final decision of the commission as to that proceeding; provided,

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if only two commissioners are assigned to a proceeding requiring

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hearings and cannot agree on a final decision, the chair shall

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cast the deciding vote for final disposition of the proceeding.

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If more than two commissioners are assigned to any proceeding, a

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majority of the members assigned shall constitute a quorum and a

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majority vote of the members assigned shall be essential to final

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commission disposition of those proceedings requiring actual

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participation by the commissioners. If a commissioner becomes

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unavailable after assignment to a particular proceeding, the

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chair shall assign a substitute commissioner. In those

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proceedings assigned to a hearing examiner, following the

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conclusion of the hearings, the designated hearing examiner is

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responsible for preparing recommendations for final disposition

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by a majority vote of the commission. A petition for

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reconsideration shall be voted upon by those commissioners

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participating in the final disposition of the proceeding.

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     (6)  A majority of the commissioners may determine that the

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full commission shall sit in any proceeding. The public counsel

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or a person regulated by the Public Service Commission and

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substantially affected by a proceeding may file a petition that

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the proceeding be assigned to the full commission. Within 15 days

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of receipt by the commission of any petition or application, the

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full commission shall dispose of such petition by majority vote

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and render a written decision thereon prior to assignment of less

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than the full commission to a proceeding. In disposing of such

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petition, the commission shall consider the overall general

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public interest and impact of the pending proceeding, including

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but not limited to the following criteria: the magnitude of a

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rate filing, including the number of customers affected and the

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total revenues requested; the services rendered to the affected

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public; the urgency of the requested action; the needs of the

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consuming public and the utility; value of service involved; the

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effect on consumer relations, regulatory policies, conservation,

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economy, competition, public health, and safety of the area

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involved. If the petition is denied, the commission shall set

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forth the grounds for denial.

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     (7)  This section does not prohibit a commissioner,

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designated by the chair, from conducting a hearing as provided

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under ss. 120.569 and 120.57(1) and the rules of the commission

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adopted pursuant thereto.

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     Section 31.  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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     (4)  The committee will not have a permanent staff, but the

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

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section 350.031, Florida Statutes, are amended, and subsection

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(9) is added to that section, to read:

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     350.031  Florida Public Service Commission Nominating

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Council.--

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     (1)(a) 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 shall 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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shall be a member of the minority party, shall be appointed by

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

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three members shall be selected and appointed by a majority vote

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of the other six members of the council.

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     (b) All terms shall be for 4 years except those members of

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the House and Senate, who shall serve 2-year terms concurrent

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with the 2-year elected terms of House members. All terms of the

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members of the Public Service Commission Nominating Council

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existing on June 30, 2008, shall terminate upon the effective

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date of this act; however, such members may serve an additional

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term if reappointed by the Speaker of the House of

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Representatives or the President of the Senate. To establish

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staggered terms, appointments of members shall be made for

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initial terms to begin on July 1, 2008, with each appointing

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officer to appoint three legislator members, one of whom shall be

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a member of the minority party, to terms through the remainder of

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the 2-year elected terms of House members; one nonlegislator

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member to a 6-month term; one nonlegislator member to an 18-month

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term; and one nonlegislator member to a 42-month term.

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Thereafter, the terms of the nonlegislator members of the Public

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Service Commission Nominating Council shall begin on January 2 of

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the year the term commences and end 4 years later on January 1.

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     (c) 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.

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     (d) 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, members

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who are reappointed pursuant to paragraph (b), or a person who is

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appointed to fill the remaining portion of an unexpired term.

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

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appointment to the Committee on Public Service Commission

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Oversight until the council has determined that the person is

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competent and knowledgeable in one or more fields, which shall

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include, but not be limited to: public affairs, law, economics,

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accounting, engineering, finance, natural resource conservation,

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energy, or another field substantially related to the duties and

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functions of the commission. The commission shall fairly

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represent the above-stated fields. Recommendations of the council

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shall be 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 by September 15 committee by

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

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following January, or within 60 days after a vacancy occurs for

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any reason 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, to fill a

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vacancy occurring due to expiration of the term, 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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(Renumber subsequent subsections)

4/29/2008  7:32:00 PM     EP.37.08997