Bill No. HB 7135
Amendment No. 555385
Senate House

1Representative Murzin offered the following:
3     Substitute Amendment for Amendment (220699) (with title
5     Remove lines 1607-1754 and insert:
6     Section 27.  Subsections (2), (3), and (4) of section
7350.01, Florida Statutes, are amended to read:
8     350.01  Florida Public Service Commission; terms of
9commissioners; vacancies; election and duties of chair; quorum;
11     (2)(a)  Each commissioner serving on July 1, 1978, shall be
12permitted to remain in office until the completion of his or her
13current term. Upon the expiration of the term, a successor shall
14be appointed in the manner prescribed by s. 350.031(4), (5), and
15(6), and (7) for a 4-year term, except that the terms of the
16initial members appointed under this act shall be as follows:
17     1.  The vacancy created by the present term ending in
18January, 1981, shall be filled by appointment for a 4-year term
19and for 4-year terms thereafter; and
20     2.  The vacancies created by the two present terms ending
21in January, 1979, shall be filled by appointment for a 3-year
22term and for 4-year terms thereafter.
23     (b)  Two additional commissioners shall be appointed in the
24manner prescribed by s. 350.031(4), (5), and (6), and (7) for 4-
25year terms beginning the first Tuesday after the first Monday in
26January, 1979, and successors shall be appointed for 4-year
27terms thereafter with each term beginning on January 2 of the
28year the term commences and ending 4 years later on January 1.
29     (c)  Vacancies on the commission shall be filled for the
30unexpired portion of the term in the same manner as original
31appointments to the commission.
32     (3)  Any person serving on the commission who seeks to be
33appointed or reappointed shall file with the nominating council
34no later than June 1 prior to the year in which his or her term
35expires at least 210 days before the expiration of his or her
36term a statement that he or she desires to serve an additional
38     (4)  One member of the commission shall be elected by
39majority vote to serve as chair for a term of 2 years, beginning
40on January 2 of the first year of the term with the first
41Tuesday after the first Monday in January 1979. A member may not
42serve two consecutive terms as chair.
43     Section 28.  Section 350.012, Florida Statutes, is amended
44to read:
45     350.012  Committee on Public Counsel Service Commission
46Oversight; creation; membership; powers and duties.--
47     (1)  There is created a standing joint committee of the
48Legislature, designated the Committee on Public Counsel Service
49Commission Oversight, and composed of 12 members appointed as
50follows: six members of the Senate appointed by the President of
51the Senate, two of whom must be members of the minority party;
52and six members of the House of Representatives appointed by the
53Speaker of the House of Representatives, two of whom must be
54members of the minority party. The terms of members shall be for
552 years and shall run from the organization of one Legislature
56to the organization of the next Legislature. The President shall
57appoint the chair of the committee in even-numbered years and
58the vice chair in odd-numbered years, and the Speaker of the
59House of Representatives shall appoint the chair of the
60committee in odd-numbered years and the vice chair in even-
61numbered years, from among the committee membership. Vacancies
62shall be filled in the same manner as the original appointment.
63Members shall serve without additional compensation, but shall
64be reimbursed for expenses.
65     (2)  The committee shall:
66     (a)  Recommend to the Governor nominees to fill a vacancy
67on the Public Service Commission, as provided by general law;
69     (b)  appoint a Public Counsel as provided by general law.
70     (3)  The committee is authorized to file a complaint with
71the Commission on Ethics alleging a violation of this chapter by
72a commissioner, former commissioner, former commission employee,
73or member of the Public Service Commission Nominating Council.
74     (3)(4)  The committee will not have a permanent staff, but
75the President of the Senate and the Speaker of the House of
76Representatives shall select staff members from among existing
77legislative staff, when and as needed.
78     Section 29.  Section 350.03, Florida Statutes, is amended
79to read:
80     350.03  Power of Governor to remove and to fill
81vacancies.-- The Governor shall have the same power to remove,
82suspend, or appoint to fill vacancies in the office of
83commissioners as in other offices, as set forth in s. 7, Art. IV
84of the State Constitution.
85     Section 30.  Subsections (1) and (4) through (8) of section
86350.031, Florida Statutes, are amended to read:
87     350.031  Florida Public Service Commission Nominating
89     (1)(a)  There is created a Florida Public Service
90Commission Nominating Council consisting of 12 nine members. At
91least one member of the council must be 60 years of age or
92older. Six Three members, including three members one member of
93the House of Representatives, one of whom shall be a member of
94the minority party, shall be appointed by and serve at the
95pleasure of the Speaker of the House of Representatives. Six;
96three members, including three members one member of the Senate,
97one of whom shall be a member of the minority party, shall be
98appointed by and serve at the pleasure of the President of the
99Senate; and three members shall be selected and appointed by a
100majority vote of the other six members of the council.
101     (b)  All terms shall be for 4 years except those members of
102the House and Senate, who shall serve 2-year terms concurrent
103with the 2-year elected terms of House members. All terms of the
104members of the Public Service Commission Nominating Council
105existing on June 30, 2008, shall terminate upon the effective
106date of this act; however, such members may serve an additional
107term if reappointed by the Speaker of the House of
108Representatives or the President of the Senate. To establish
109staggered terms, appointments of members shall be made for
110initial terms to begin on July 1, 2008, with each appointing
111officer to appoint three legislator members, one of whom shall
112be a member of the minority party, to terms through the
113remainder of the 2-year elected terms of House members; one non-
114legislator member to a 6-month term; one non-legislator member
115to a 30-month term; and one non-legislator member to a 42-month
116term. Thereafter, the terms of the Public Service Commission
117Nominating Council shall begin on January 2.
118     (c)  The President of the Senate shall appoint the chair of
119the council in even-numbered years and the vice chair in odd-
120numbered years, and the Speaker of the House of Representatives
121shall appoint the chair of the council in odd-numbered years and
122the vice chair in even-numbered years, from among the council
124     (d)  Vacancies on the council shall be filled for the
125unexpired portion of the term in the same manner as original
126appointments to the council. A member may not be reappointed to
127the council, except for a member of the House of Representatives
128or the Senate who may be appointed to two 2-year terms, members
129who are reappointed pursuant to paragraph (b), or a person who
130is 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
133funded by the Florida Public Service Regulatory Trust Fund.
134     (4)(5)  A person may not be nominated to the Governor for
135appointment to the Committee on Public Service Commission
136Oversight until the council has determined that the person is
137competent and knowledgeable in one or more fields, which shall
138include, but not be limited to: public affairs, law, economics,
139accounting, engineering, finance, natural resource conservation,
140energy, or another field substantially related to the duties and
141functions of the commission. The commission shall fairly
142represent the above-stated fields. Recommendations of the
143council shall be nonpartisan.
144     (5)(6)  It is the responsibility of the council to nominate
145to the Governor no fewer than three Committee on Public Service
146Commission Oversight six persons for each vacancy occurring on
147the Public Service Commission. The council shall submit the
148recommendations to the Governor by September 15 committee by
149August 1 of those years in which the terms are to begin the
150following January, or within 60 days after a vacancy occurs for
151any reason other than the expiration of the term.
152     (6)(7)  The Committee on Public Service Commission
153Oversight shall select from the list of nominees provided by the
154nominating council three nominees for recommendation to the
155Governor for appointment to the commission. The recommendations
156must be provided to the Governor within 45 days after receipt of
157the list of nominees. The Governor shall fill a vacancy
158occurring on the Public Service Commission by appointment of one
159of the applicants nominated by the council committee only after
160a background investigation of such applicant has been conducted
161by the Florida Department of Law Enforcement. If the Governor
162has not made an appointment within 30 consecutive calendar days
163after the receipt of the recommendation, the council committee,
164by majority vote, shall appoint, within 30 days after the
165expiration of the Governor's time to make an appointment, one
166person from the applicants previously nominated to the Governor
167to fill the vacancy. After an appointment has been made pursuant
168to this subsection, a successor Governor may remove an appointee
169only as provided in s. 350.03.
170     (7)(8)  Each appointment to the Public Service Commission
171shall be subject to confirmation by the Senate during the next
172regular session after the vacancy occurs. If the Senate refuses
173to confirm or fails to consider rejects the Governor's
174appointment, the council shall initiate, in accordance with this
175section, the nominating process within 30 days.
T I T L E  A M E N D M E N T
182     Remove lines 155-157 and insert:
183the commission if the Governor fails to do so; amending ss.
184350.061 and

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