| 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 |
|
| 36 | Be It Enacted by the Legislature of the State of Florida: |
| 37 |
|
| 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. |