HB 7065

1
A bill to be entitled
2An act relating to the Public Service Commission; amending
3s. 350.01, F.S.; conforming the beginning of a
4commissioner's term as chair with the beginning of terms
5of commissioners; correcting cross-references; amending s.
6350.012, F.S.; renaming the Committee on Public Service
7Commission Oversight, a standing joint committee of the
8Legislature, as the "Committee on Public Counsel
9Oversight"; deleting the committee's authority to
10recommend to the Governor nominees to fill vacancies on
11the Public Service Commission; deleting the committee's
12authority to file an ethics complaint against a member,
13former member, or former employee of the commission, or a
14member of the Public Service Commission Nominating
15Council; amending s. 350.03, F.S.; clarifying power of the
16Governor to remove and fill commission vacancies; amending
17s. 350.031, F.S.; increasing the number of members on the
18Public Service Commission Nominating Council; requiring
19the President of the Senate and the Speaker of the House
20of Representatives to appoint a chair and vice chair to
21the council in alternating years; removing spending
22authority for the council to advertise vacancies;
23requiring the council to submit recommendations for
24filling vacancies on the commission to the Governor;
25requiring the council to nominate a minimum of three
26persons for each vacancy; revising the date that
27recommendations for vacancies must be submitted;
28specifying provisions under which a successor Governor may
29remove an appointee; providing for the council to fill a
30vacancy on the commission if the Governor fails to do so;
31amending ss. 350.061 and 350.0614, F.S., relating to the
32appointment, oversight, and compensation of the Public
33Counsel; conforming provisions to changes made by the act;
34providing an effective date.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  Paragraphs (a) and (b) of subsection (2) and
39subsection (4) of section 350.01, Florida Statutes, are amended
40to read:
41     350.01  Florida Public Service Commission; terms of
42commissioners; vacancies; election and duties of chair; quorum;
43proceedings.--
44     (2)(a)  Each commissioner serving on July 1, 1978, shall be
45permitted to remain in office until the completion of his or her
46current term. Upon the expiration of the term, a successor shall
47be 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
49the terms of the initial members appointed under this act shall
50be as follows:
51     1.  The vacancy created by the present term ending in
52January, 1981, shall be filled by appointment for a 4-year term
53and for 4-year terms thereafter; and
54     2.  The vacancies created by the two present terms ending
55in January, 1979, shall be filled by appointment for a 3-year
56term and for 4-year terms thereafter.
57     (b)  Two additional commissioners shall be appointed in the
58manner 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
60the first Monday in January, 1979, and successors shall be
61appointed for 4-year terms thereafter with each term beginning
62on January 2 of the year the term commences and ending 4 years
63later on January 1.
64     (4)  One member of the commission shall be elected by
65majority vote to serve as chair for a term of 2 years, beginning
66on January 2 of the first year of the term with the first
67Tuesday after the first Monday in January 1979. A member may not
68serve two consecutive terms as chair.
69     Section 2.  Section 350.012, Florida Statutes, is amended
70to read:
71     350.012  Committee on Public Counsel Service Commission
72Oversight; creation; membership; powers and duties.--
73     (1)  There is created a standing joint committee of the
74Legislature, designated the Committee on Public Counsel Service
75Commission Oversight, and composed of 12 members appointed as
76follows: six members of the Senate appointed by the President of
77the Senate, two of whom must be members of the minority party;
78and six members of the House of Representatives appointed by the
79Speaker of the House of Representatives, two of whom must be
80members of the minority party. The terms of members shall be for
812 years and shall run from the organization of one Legislature
82to the organization of the next Legislature. The President shall
83appoint the chair of the committee in even-numbered years and
84the vice chair in odd-numbered years, and the Speaker of the
85House of Representatives shall appoint the chair of the
86committee in odd-numbered years and the vice chair in even-
87numbered years, from among the committee membership. Vacancies
88shall be filled in the same manner as the original appointment.
89Members shall serve without additional compensation, but shall
90be reimbursed for expenses.
91     (2)  The committee shall:
92     (a)  Recommend to the Governor nominees to fill a vacancy
93on the Public Service Commission, as provided by general law;
94and
95     (b)  appoint a Public Counsel as provided by general law.
96     (3)  The committee is authorized to file a complaint with
97the Commission on Ethics alleging a violation of this chapter by
98a commissioner, former commissioner, former commission employee,
99or member of the Public Service Commission Nominating Council.
100     (3)(4)  The committee will not have a permanent staff, but
101the President of the Senate and the Speaker of the House of
102Representatives shall select staff members from among existing
103legislative staff, when and as needed.
104     Section 3.  Section 350.03, Florida Statutes, is amended to
105read:
106     350.03  Power of Governor to remove and to fill
107vacancies.--The Governor shall have the same power to remove,
108suspend, or appoint to fill vacancies in the office of
109commissioners as in other offices, as set forth in s. 7, Art. IV
110of the State Constitution.
111     Section 4.  Subsections (1), (4), (5), (6), (7), and (8) of
112section 350.031, Florida Statutes, are amended to read:
113     350.031  Florida Public Service Commission Nominating
114Council.--
115     (1)  There is created a Florida Public Service Commission
116Nominating Council consisting of 12 nine members. At least one
117member of the council must be 60 years of age or older. Six
118Three members, including three members one member of the House
119of Representatives, one of whom must be a member of the minority
120party, shall be appointed by and serve at the pleasure of the
121Speaker of the House of Representatives. Six; three members,
122including three members one member of the Senate, one of whom
123must be a member of the minority party, shall be appointed by
124and serve at the pleasure of the President of the Senate; and
125three members shall be selected and appointed by a majority vote
126of the other six members of the council. All terms shall be for
1274 years except those members of the House and Senate, who shall
128serve 2-year terms concurrent with the 2-year elected terms of
129House members. The President of the Senate shall appoint the
130chair of the council in even-numbered years and the vice chair
131in odd-numbered years, and the Speaker of the House of
132Representatives shall appoint the chair of the council in odd-
133numbered years and the vice chair in even-numbered years, from
134among the council membership. Vacancies on the council shall be
135filled for the unexpired portion of the term in the same manner
136as original appointments to the council. A member may not be
137reappointed to the council, except for a member of the House of
138Representatives or the Senate who may be appointed to two 2-year
139terms or a person who is appointed to fill the remaining portion
140of 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
143funded by the Florida Public Service Regulatory Trust Fund.
144     (4)(5)  A person may not be nominated to the Governor
145Committee on Public Service Commission Oversight until the
146council has determined that the person is competent and
147knowledgeable in one or more fields, which shall include, but
148not be limited to: public affairs, law, economics, accounting,
149engineering, finance, natural resource conservation, energy, or
150another field substantially related to the duties and functions
151of the commission. The commission shall fairly represent the
152above-stated fields. Recommendations of the council shall be
153nonpartisan.
154     (5)(6)  It is the responsibility of the council to nominate
155to the Governor no fewer than three Committee on Public Service
156Commission Oversight six persons for each vacancy occurring on
157the Public Service Commission. The council shall submit the
158recommendations to the Governor committee by September 15 August
1591 of those years in which the terms are to begin the following
160January, or within 60 days after a vacancy occurs for any reason
161other than the expiration of the term.
162     (6)(7)  The Committee on Public Service Commission
163Oversight shall select from the list of nominees provided by the
164nominating council three nominees for recommendation to the
165Governor for appointment to the commission. The recommendations
166must be provided to the Governor within 45 days after receipt of
167the list of nominees. The Governor shall fill a vacancy
168occurring on the Public Service Commission by appointment of one
169of the applicants nominated by the council committee only after
170a background investigation of such applicant has been conducted
171by the Florida Department of Law Enforcement. If the Governor
172has not made an appointment within 30 consecutive calendar days
173after the receipt of the recommendation, the council committee,
174by majority vote, shall appoint, within 30 days after the
175expiration of the Governor's time to make an appointment, one
176person from the applicants previously nominated to the Governor
177to fill the vacancy. After an appointment has been made pursuant
178to this subsection, a successor Governor may remove an appointee
179only as provided in s. 350.03.
180     (7)(8)  Each appointment to the Public Service Commission
181shall be subject to confirmation by the Senate during the next
182regular session after the vacancy occurs. If the Senate refuses
183to confirm or fails to consider rejects the Governor's
184appointment, the council shall initiate, in accordance with this
185section, the nominating process within 30 days.
186     Section 5.  Subsection (1) of section 350.061, Florida
187Statutes, is amended to read:
188     350.061  Public Counsel; appointment; oath; restrictions on
189Public Counsel and his or her employees.--
190     (1)  The Committee on Public Counsel Service Commission
191Oversight shall appoint a Public Counsel by majority vote of the
192members of the committee to represent the general public of
193Florida before the Florida Public Service Commission. The Public
194Counsel shall be an attorney admitted to practice before the
195Florida Supreme Court and shall serve at the pleasure of the
196Committee on Public Counsel Service Commission Oversight,
197subject to biennial reconfirmation by the committee. The Public
198Counsel shall perform his or her duties independently. Vacancies
199in the office shall be filled in the same manner as the original
200appointment.
201     Section 6.  Subsection (2) of section 350.0614, Florida
202Statutes, is amended to read:
203     350.0614  Public Counsel; compensation and expenses.--
204     (2)  The Legislature declares and determines that the
205Public Counsel is under the legislative branch of government
206within the intention of the legislation as expressed in chapter
207216, and no power shall be in the Executive Office of the
208Governor or its successor to release or withhold funds
209appropriated to it, but the same shall be available for
210expenditure as provided by law and the rules or decisions of the
211Committee on Public Counsel Service Commission Oversight.
212     Section 7.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.