Bill No. HB 7135
Amendment No. 946547
Senate House

1Representative Mayfield offered the following:
3     Amendment
4     Remove lines 2005-2112 and insert:
5     Section 31.  Subsections (1), (5), (6), (7), and (8) of
6section 350.031, Florida Statutes, are amended, and subsection
7(9) is added to that section, to read:
8     350.031  Florida Public Service Commission Nominating
10     (1)(a)  There is created a Florida Public Service
11Commission Nominating Council consisting of 12 nine members. At
12least one member of the council must be 60 years of age or
13older. Six Three members, including three members one member of
14the House of Representatives, one of whom shall be a member of
15the minority party, shall be appointed by and serve at the
16pleasure of the Speaker of the House of Representatives. Six;
17three members, including three members one member of the Senate,
18one of whom shall be a member of the minority party, shall be
19appointed by and serve at the pleasure of the President of the
20Senate; and three members shall be selected and appointed by a
21majority vote of the other six members of the council.
22     (b)  All terms shall be for 4 years except those members of
23the House and Senate, who shall serve 2-year terms concurrent
24with the 2-year elected terms of House members. All terms of the
25members of the Public Service Commission Nominating Council
26existing on June 30, 2008, shall terminate upon the effective
27date of this act; however, such members may serve an additional
28term if reappointed by the Speaker of the House of
29Representatives or the President of the Senate. To establish
30staggered terms, appointments of members shall be made for
31initial terms to begin on July 1, 2008, with each appointing
32officer to appoint three legislator members, one of whom shall
33be a member of the minority party, to terms through the
34remainder of the 2-year elected terms of House members; one
35nonlegislator member to a 6-month term; one nonlegislator member
36to an 18-month term; and one nonlegislator member to a 42-month
37term. Thereafter, the terms of the nonlegislator members of the
38Public Service Commission Nominating Council shall begin on
39January 2 of the year the term commences and end 4 years later
40on January 1.
41     (c)  The President of the Senate shall appoint the chair of
42the council in even-numbered years and the vice chair in odd-
43numbered years, and the Speaker of the House of Representatives
44shall appoint the chair of the council in odd-numbered years and
45the vice chair in even-numbered years, from among the council
47     (d)  Vacancies on the council shall be filled for the
48unexpired portion of the term in the same manner as original
49appointments to the council. A member may not be reappointed to
50the council, except for a member of the House of Representatives
51or the Senate who may be appointed to two 2-year terms, members
52who are reappointed pursuant to paragraph (b), or a person who
53is appointed to fill the remaining portion of an unexpired term.
54     (5)  A person may not be nominated to the Governor for
55appointment to the Committee on Public Service Commission
56Oversight until the council has determined that the person is
57competent and knowledgeable in one or more fields, which shall
58include, but not be limited to: public affairs, law, economics,
59accounting, engineering, finance, natural resource conservation,
60energy, or another field substantially related to the duties and
61functions of the commission. The commission shall fairly
62represent the above-stated fields. Recommendations of the
63council shall be nonpartisan.
64     (6)  It is the responsibility of the council to nominate to
65the Governor no fewer than three Committee on Public Service
66Commission Oversight six persons for each vacancy occurring on
67the Public Service Commission. The council shall submit the
68recommendations to the Governor by September 15 committee by
69August 1 of those years in which the terms are to begin the
70following January, or within 60 days after a vacancy occurs for
71any reason other than the expiration of the term.
72     (7)  The Committee on Public Service Commission Oversight
73shall select from the list of nominees provided by the
74nominating council three nominees for recommendation to the
75Governor for appointment to the commission. The recommendations
76must be provided to the Governor within 45 days after receipt of
77the list of nominees. The Governor shall fill a vacancy
78occurring on the Public Service Commission by appointment of one
79of the applicants nominated by the council committee only after
80a background investigation of such applicant has been conducted
81by the Florida Department of Law Enforcement. If the Governor
82has not made an appointment within 30 consecutive calendar days
83after the receipt of the recommendation, the council committee,
84by majority vote, shall appoint, within 30 days after the
85expiration of the Governor's time to make an appointment, one
86person from the applicants previously nominated to the Governor
87to fill the vacancy.
88     (8)  Each appointment to the Public Service Commission
89shall be subject to confirmation by the Senate during the next
90regular session after the vacancy occurs. If the Senate refuses
91to confirm or fails to consider rejects the Governor's
92appointment, the council shall initiate, in accordance with this
93section, the nominating process within 30 days.
94     (9)  When the Governor makes an appointment, to fill a
95vacancy occurring due to expiration of the term, and that
96appointment has not been confirmed by the Senate before the
97appointing Governor's term ends, a successor Governor may,
98within 30 days after taking office, recall the appointment and,
99prior to the first day of the next regular session, make a
100replacement appointment from the list provided to the previous
101Governor by the council. Such an appointment is subject to
102confirmation by the Senate at the next regular session following
103the creation of the vacancy to which the appointments are being
104made. If the replacement appointment is not timely made, or if
105the appointment is not confirmed by the Senate for any reason,
106the council, by majority vote, shall appoint, within 30 days
107after the Legislature adjourns sine die, one person from the
108applicants previously nominated to the Governor to fill the
109vacancy, and this appointee is subject to confirmation by the
110Senate during the next regular session following the

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