| 1 | Representative Mayfield offered the following: |
| 2 |
|
| 3 | Amendment |
| 4 | Remove lines 1607-1754 and insert: |
| 5 | Section 27. Subsections (2), (3), and (4) of section |
| 6 | 350.01, Florida Statutes, are amended to read: |
| 7 | 350.01 Florida Public Service Commission; terms of |
| 8 | commissioners; vacancies; election and duties of chair; quorum; |
| 9 | proceedings.-- |
| 10 | (2)(a) Each commissioner serving on July 1, 1978, shall be |
| 11 | permitted to remain in office until the completion of his or her |
| 12 | current term. Upon the expiration of the term, a successor shall |
| 13 | be appointed in the manner prescribed by s. 350.031(4), (5), and |
| 14 | (6), and (7) for a 4-year term, except that the terms of the |
| 15 | initial members appointed under this act shall be as follows: |
| 16 | 1. The vacancy created by the present term ending in |
| 17 | January, 1981, shall be filled by appointment for a 4-year term |
| 18 | and for 4-year terms thereafter; and |
| 19 | 2. The vacancies created by the two present terms ending |
| 20 | in January, 1979, shall be filled by appointment for a 3-year |
| 21 | term and for 4-year terms thereafter. |
| 22 | (b) Two additional commissioners shall be appointed in the |
| 23 | manner prescribed by s. 350.031(4), (5), and (6), and (7) for 4- |
| 24 | year terms beginning the first Tuesday after the first Monday in |
| 25 | January, 1979, and successors shall be appointed for 4-year |
| 26 | terms thereafter with each term beginning on January 2 of the |
| 27 | year the term commences and ending 4 years later on January 1. |
| 28 | (c) Vacancies on the commission shall be filled for the |
| 29 | unexpired portion of the term in the same manner as original |
| 30 | appointments to the commission. |
| 31 | (3) Any person serving on the commission who seeks to be |
| 32 | appointed or reappointed shall file with the nominating council |
| 33 | no later than June 1 prior to the year in which his or her term |
| 34 | expires at least 210 days before the expiration of his or her |
| 35 | term a statement that he or she desires to serve an additional |
| 36 | term. |
| 37 | (4) One member of the commission shall be elected by |
| 38 | majority vote to serve as chair for a term of 2 years, beginning |
| 39 | on January 2 of the first year of the term with the first |
| 40 | Tuesday after the first Monday in January 1979. A member may not |
| 41 | serve two consecutive terms as chair. |
| 42 | Section 28. Section 350.012, Florida Statutes, is amended |
| 43 | to read: |
| 44 | 350.012 Committee on Public Counsel Service Commission |
| 45 | Oversight; creation; membership; powers and duties.-- |
| 46 | (1) There is created a standing joint committee of the |
| 47 | Legislature, designated the Committee on Public Counsel Service |
| 48 | Commission Oversight, and composed of 12 members appointed as |
| 49 | follows: six members of the Senate appointed by the President of |
| 50 | the Senate, two of whom must be members of the minority party; |
| 51 | and six members of the House of Representatives appointed by the |
| 52 | Speaker of the House of Representatives, two of whom must be |
| 53 | members of the minority party. The terms of members shall be for |
| 54 | 2 years and shall run from the organization of one Legislature |
| 55 | to the organization of the next Legislature. The President shall |
| 56 | appoint the chair of the committee in even-numbered years and |
| 57 | the vice chair in odd-numbered years, and the Speaker of the |
| 58 | House of Representatives shall appoint the chair of the |
| 59 | committee in odd-numbered years and the vice chair in even- |
| 60 | numbered years, from among the committee membership. Vacancies |
| 61 | shall be filled in the same manner as the original appointment. |
| 62 | Members shall serve without additional compensation, but shall |
| 63 | be reimbursed for expenses. |
| 64 | (2) The committee shall: |
| 65 | (a) Recommend to the Governor nominees to fill a vacancy |
| 66 | on the Public Service Commission, as provided by general law; |
| 67 | and |
| 68 | (b) appoint a Public Counsel as provided by general law. |
| 69 | (3) The committee is authorized to file a complaint with |
| 70 | the Commission on Ethics alleging a violation of this chapter by |
| 71 | a commissioner, former commissioner, former commission employee, |
| 72 | or member of the Public Service Commission Nominating Council. |
| 73 | (3)(4) The committee will not have a permanent staff, but |
| 74 | the President of the Senate and the Speaker of the House of |
| 75 | Representatives shall select staff members from among existing |
| 76 | legislative staff, when and as needed. |
| 77 | Section 29. Section 350.03, Florida Statutes, is amended |
| 78 | to read: |
| 79 | 350.03 Power of Governor to remove and to fill |
| 80 | vacancies.-- The Governor shall have the same power to remove, |
| 81 | suspend, or appoint to fill vacancies in the office of |
| 82 | commissioners as in other offices, as set forth in s. 7, Art. IV |
| 83 | of the State Constitution. |
| 84 | Section 30. Subsections (1) and (4) through (8) of section |
| 85 | 350.031, Florida Statutes, are amended, and a new subsection (8) |
| 86 | is added to that section, to read: |
| 87 | 350.031 Florida Public Service Commission Nominating |
| 88 | Council.-- |
| 89 | (1)(a) There is created a Florida Public Service |
| 90 | Commission Nominating Council consisting of 12 nine members. At |
| 91 | least one member of the council must be 60 years of age or |
| 92 | older. Six Three members, including three members one member of |
| 93 | the House of Representatives, one of whom shall be a member of |
| 94 | the minority party, shall be appointed by and serve at the |
| 95 | pleasure of the Speaker of the House of Representatives. Six; |
| 96 | three members, including three members one member of the Senate, |
| 97 | one of whom shall be a member of the minority party, shall be |
| 98 | appointed by and serve at the pleasure of the President of the |
| 99 | Senate; and three members shall be selected and appointed by a |
| 100 | majority vote of the other six members of the council. |
| 101 | (b) All terms shall be for 4 years except those members of |
| 102 | the House and Senate, who shall serve 2-year terms concurrent |
| 103 | with the 2-year elected terms of House members. All terms of the |
| 104 | members of the Public Service Commission Nominating Council |
| 105 | existing on June 30, 2008, shall terminate upon the effective |
| 106 | date of this act; however, such members may serve an additional |
| 107 | term if reappointed by the Speaker of the House of |
| 108 | Representatives or the President of the Senate. To establish |
| 109 | staggered terms, appointments of members shall be made for |
| 110 | initial terms to begin on July 1, 2008, with each appointing |
| 111 | officer to appoint three legislator members, one of whom shall |
| 112 | be a member of the minority party, to terms through the |
| 113 | remainder of the 2-year elected terms of House members; one non- |
| 114 | legislator member to a 6-month term; one non-legislator member |
| 115 | to a 30-month term; and one non-legislator member to a 42-month |
| 116 | term. Thereafter, the terms of the Public Service Commission |
| 117 | Nominating Council shall begin on January 2. |
| 118 | (c) The President of the Senate shall appoint the chair of |
| 119 | the council in even-numbered years and the vice chair in odd- |
| 120 | numbered years, and the Speaker of the House of Representatives |
| 121 | shall appoint the chair of the council in odd-numbered years and |
| 122 | the vice chair in even-numbered years, from among the council |
| 123 | membership. |
| 124 | (d) Vacancies on the council shall be filled for the |
| 125 | unexpired portion of the term in the same manner as original |
| 126 | appointments to the council. A member may not be reappointed to |
| 127 | the council, except for a member of the House of Representatives |
| 128 | or the Senate who may be appointed to two 2-year terms, members |
| 129 | who are reappointed pursuant to paragraph (b), or a person who |
| 130 | is appointed to fill the remaining portion of an unexpired term. |
| 131 | (4) The council may spend a nominal amount, not to exceed |
| 132 | $10,000, to advertise a vacancy on the council, which shall be |
| 133 | funded by the Florida Public Service Regulatory Trust Fund. |
| 134 | (4)(5) A person may not be nominated to the Governor for |
| 135 | appointment to the Committee on Public Service Commission |
| 136 | Oversight until the council has determined that the person is |
| 137 | competent and knowledgeable in one or more fields, which shall |
| 138 | include, but not be limited to: public affairs, law, economics, |
| 139 | accounting, engineering, finance, natural resource conservation, |
| 140 | energy, or another field substantially related to the duties and |
| 141 | functions of the commission. The commission shall fairly |
| 142 | represent the above-stated fields. Recommendations of the |
| 143 | council shall be nonpartisan. |
| 144 | (5)(6) It is the responsibility of the council to nominate |
| 145 | to the Governor no fewer than three Committee on Public Service |
| 146 | Commission Oversight six persons for each vacancy occurring on |
| 147 | the Public Service Commission. The council shall submit the |
| 148 | recommendations to the Governor by September 15 committee by |
| 149 | August 1 of those years in which the terms are to begin the |
| 150 | following January, or within 60 days after a vacancy occurs for |
| 151 | any reason other than the expiration of the term. |
| 152 | (6)(7) The Committee on Public Service Commission |
| 153 | Oversight shall select from the list of nominees provided by the |
| 154 | nominating council three nominees for recommendation to the |
| 155 | Governor for appointment to the commission. The recommendations |
| 156 | must be provided to the Governor within 45 days after receipt of |
| 157 | the list of nominees. The Governor shall fill a vacancy |
| 158 | occurring on the Public Service Commission by appointment of one |
| 159 | of the applicants nominated by the council committee only after |
| 160 | a background investigation of such applicant has been conducted |
| 161 | by the Florida Department of Law Enforcement. If the Governor |
| 162 | has not made an appointment within 30 consecutive calendar days |
| 163 | after the receipt of the recommendation, the council committee, |
| 164 | by majority vote, shall appoint, within 30 days after the |
| 165 | expiration of the Governor's time to make an appointment, one |
| 166 | person from the applicants previously nominated to the Governor |
| 167 | to fill the vacancy. |
| 168 | (7)(8) Each appointment to the Public Service Commission |
| 169 | shall be subject to confirmation by the Senate during the next |
| 170 | regular session after the vacancy occurs. If the Senate refuses |
| 171 | to confirm or fails to consider rejects the Governor's |
| 172 | appointment, the council shall initiate, in accordance with this |
| 173 | section, the nominating process within 30 days. |
| 174 | (8) When the Governor makes an appointment, to fill a |
| 175 | vacancy occurring due to expiration of the term, and that |
| 176 | appointment has not been confirmed by the Senate before the |
| 177 | appointing Governor's term ends, a successor Governor may, |
| 178 | within 30 days after taking office, recall the appointment and, |
| 179 | prior to the first day of the next regular session, make a |
| 180 | replacement appointment from the list provided to the previous |
| 181 | Governor by the council. Such an appointment is subject to |
| 182 | confirmation by the Senate at the next regular session following |
| 183 | the creation of the vacancy to which the appointments are being |
| 184 | made. If the replacement appointment is not timely made, or if |
| 185 | the appointment is not confirmed by the Senate for any reason, |
| 186 | the council, by majority vote, shall appoint, within 30 days |
| 187 | after the Legislature adjourns sine die, one person from the |
| 188 | applicants previously nominated to the Governor to fill the |
| 189 | vacancy, and this appointee is subject to confirmation by the |
| 190 | Senate during the next regular session following the |
| 191 | appointment. |
| 192 | appointment. |