1

A bill to be entitled

2

An act relating to the Public Service Commission; amending

3

s. 350.01, F.S.; revising the deadline for a sitting

4

member of the Public Service Commission to give notice of

5

intent to seek reappointment; conforming the beginning of

6

a Public Service Commissioner's term as chair with the

7

beginning of terms of commissioners; amending s. 350.012,

8

F.S.; renaming the Committee on Public Service Commission

9

Oversight, a standing joint committee of the Legislature,

10

as the "Committee on Public Counsel Oversight"; deleting

11

the committee's authority to recommend to the Governor

12

nominees to fill vacancies on the Public Service

13

Commission; deleting the committee's authority to file an

14

ethics complaint against a member, former member, or

15

former employee of the commission, or a member of the

16

Public Service Commission Nominating Council; amending s.

17

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

18

council; providing for initial appointments to the

19

expanded council to establish staggered terms; requiring

20

the President of the Senate and the Speaker of the House

21

of Representatives to appoint a chair and vice chair to

22

the council in alternating years; requiring the council to

23

submit recommendations for vacancies on the Public Service

24

Commission to the Governor; requiring the council to

25

nominate a minimum of three persons for each vacancy;

26

revising the date that recommendations for vacancies must

27

be submitted; providing for the council to fill a vacancy

28

on the commission if the Governor fails to do so;

29

authorizing a successor Governor to recall an unconfirmed

30

appointee under certain circumstances; amending ss.

31

350.061 and 350.0614, F.S., relating to the appointment,

32

oversight, and compensation of the Public Counsel;

33

conforming provisions to changes made by the act;

34

providing an effective date.

35

36

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

37

38

     Section 1.  Subsections (3) and (4) of section 350.01,

39

Florida Statutes, are amended to read:

40

     350.01  Florida Public Service Commission; terms of

41

commissioners; vacancies; election and duties of chair; quorum;

42

proceedings.--

43

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

44

appointed or reappointed shall file with the nominating council

45

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

46

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

47

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

48

term.

49

     (4)  One member of the commission shall be elected by

50

majority vote to serve as chair for a term of 2 years, beginning

51

on January 2 of the first year of the term with the first Tuesday

52

after the first Monday in January 1979. A member may not serve

53

two consecutive terms as chair.

54

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

55

read:

56

     350.012 Committee on Public Counsel Service Commission

57

Oversight; creation; membership; powers and duties.--

58

     (1)  There is created a standing joint committee of the

59

Legislature, designated the Committee on Public Counsel Service

60

Commission Oversight, and composed of 12 members appointed as

61

follows: six members of the Senate appointed by the President of

62

the Senate, two of whom must be members of the minority party;

63

and six members of the House of Representatives appointed by the

64

Speaker of the House of Representatives, two of whom must be

65

members of the minority party. The terms of members shall be for

66

2 years and shall run from the organization of one Legislature to

67

the organization of the next Legislature. The President shall

68

appoint the chair of the committee in even-numbered years and the

69

vice chair in odd-numbered years, and the Speaker of the House of

70

Representatives shall appoint the chair of the committee in odd-

71

numbered years and the vice chair in even-numbered years, from

72

among the committee membership. Vacancies shall be filled in the

73

same manner as the original appointment. Members shall serve

74

without additional compensation, but shall be reimbursed for

75

expenses.

76

     (2) The committee shall:

77

     (a) Recommend to the Governor nominees to fill a vacancy on

78

the Public Service Commission, as provided by general law; and

79

     (b) appoint a Public Counsel as provided by general law.

80

     (3) The committee is authorized to file a complaint with

81

the Commission on Ethics alleging a violation of this chapter by

82

a commissioner, former commissioner, former commission employee,

83

or member of the Public Service Commission Nominating Council.

84

     (3)(4) The committee will not have a permanent staff, but

85

the President of the Senate and the Speaker of the House of

86

Representatives shall select staff members from among existing

87

legislative staff, when and as needed.

88

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

89

section 350.031, Florida Statutes, are amended to read:

90

     350.031  Florida Public Service Commission Nominating

91

Council.--

92

     (1)  There is created a Florida Public Service Commission

93

Nominating Council consisting of 12 nine members. At least one

94

member of the council must be 60 years of age or older. Six Three

95

members, including three members one member of the House of

96

Representatives, one of whom must be a member of the minority

97

party, shall be appointed by and serve at the pleasure of the

98

Speaker of the House of Representatives. Six; three members,

99

including three members one member of the Senate, one of whom

100

must be a member of the minority party, shall be appointed by and

101

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

102

members shall be selected and appointed by a majority vote of the

103

other six members of the council. All terms shall be for 4 years

104

except those members of the House and Senate, who shall serve 2-

105

year terms concurrent with the 2-year elected terms of House

106

members. However, to establish staggered terms, all terms ongoing

107

on July 1, 2008, shall continue until and shall expire on January

108

2, 2009, and new appointments shall be made for terms to begin on

109

that date, with each appointing officer to appoint one

110

nonlegislator member to a 1-year term, three legislator members

111

to 2-year terms, one nonlegislator member to a 3-year term, and

112

one nonlegislator member to a 4-year term. The President of the

113

Senate shall appoint the chair of the council in even-numbered

114

years and the vice chair in odd-numbered years, and the Speaker

115

of the House of Representatives shall appoint the chair of the

116

council in odd-numbered years and the vice chair in even-numbered

117

years, from among the council membership. Vacancies on the

118

council shall be filled for the unexpired portion of the term in

119

the same manner as original appointments to the council. A member

120

may not be reappointed to the council, except for a member of the

121

House of Representatives or the Senate who may be appointed to

122

two 2-year terms or a person who is appointed to fill the

123

remaining portion of an unexpired term.

124

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

125

on Public Service Commission Oversight until the council has

126

determined that the person is competent and knowledgeable in one

127

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

128

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

129

natural resource conservation, energy, or another field

130

substantially related to the duties and functions of the

131

commission. The commission shall fairly represent the above-

132

stated fields. Recommendations of the council shall be

133

nonpartisan.

134

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

135

the Governor no fewer than three Committee on Public Service

136

Commission Oversight six persons for each vacancy occurring on

137

the Public Service Commission. The council shall submit the

138

recommendations to the Governor committee by September 15 August

139

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

140

January, or within 60 days after a vacancy occurs for any reason

141

other than the expiration of the term.

142

     (7) The Committee on Public Service Commission Oversight

143

shall select from the list of nominees provided by the nominating

144

council three nominees for recommendation to the Governor for

145

appointment to the commission. The recommendations must be

146

provided to the Governor within 45 days after receipt of the list

147

of nominees. The Governor shall fill a vacancy occurring on the

148

Public Service Commission by appointment of one of the applicants

149

nominated by the council committee only after a background

150

investigation of such applicant has been conducted by the Florida

151

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

152

appointment within 30 consecutive calendar days after the receipt

153

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

154

shall appoint, within 30 days after the expiration of the

155

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

156

applicants previously nominated to the Governor to fill the

157

vacancy.

158

     (8)  Each appointment to the Public Service Commission shall

159

be subject to confirmation by the Senate during the next regular

160

session after the vacancy occurs. If the Senate refuses to

161

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

162

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

163

nominating process within 30 days.

164

     (9) When the Governor makes an appointment and that

165

appointment has not been confirmed by the Senate before the

166

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

167

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

168

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

169

appointment from the list provided to the previous Governor by

170

the council. Such an appointment is subject to confirmation by

171

the Senate at the next regular session following the creation of

172

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

173

replacement appointment is not timely made, or if the appointment

174

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

175

majority vote, shall appoint, within 30 days after the

176

Legislature adjourns sine die, one person from the applicants

177

previously nominated to the Governor to fill the vacancy, and

178

this appointee is subject to confirmation by the Senate during

179

the next regular session following the appointment.

180

     Section 4.  Subsection (1) of section 350.061, Florida

181

Statutes, is amended to read:

182

     350.061  Public Counsel; appointment; oath; restrictions on

183

Public Counsel and his or her employees.--

184

     (1) The Committee on Public Counsel Service Commission

185

Oversight shall appoint a Public Counsel by majority vote of the

186

members of the committee to represent the general public of

187

Florida before the Florida Public Service Commission. The Public

188

Counsel shall be an attorney admitted to practice before the

189

Florida Supreme Court and shall serve at the pleasure of the

190

Committee on Public Counsel Service Commission Oversight, subject

191

to biennial reconfirmation by the committee. The Public Counsel

192

shall perform his or her duties independently. Vacancies in the

193

office shall be filled in the same manner as the original

194

appointment.

195

     Section 5.  Subsection (2) of section 350.0614, Florida

196

Statutes, is amended to read:

197

     350.0614  Public Counsel; compensation and expenses.--

198

     (2)  The Legislature declares and determines that the Public

199

Counsel is under the legislative branch of government within the

200

intention of the legislation as expressed in chapter 216, and no

201

power shall be in the Executive Office of the Governor or its

202

successor to release or withhold funds appropriated to it, but

203

the same shall be available for expenditure as provided by law

204

and the rules or decisions of the Committee on Public Counsel

205

Service Commission Oversight.

206

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