| 1 | Representative Mayfield offered the following: |
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| 3 | Amendment |
| 4 | Remove lines 2005-2112 and insert: |
| 5 | Section 31. Subsections (1), (5), (6), (7), and (8) of |
| 6 | section 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 |
| 9 | Council.-- |
| 10 | (1)(a) There is created a Florida Public Service |
| 11 | Commission Nominating Council consisting of 12 nine members. At |
| 12 | least one member of the council must be 60 years of age or |
| 13 | older. Six Three members, including three members one member of |
| 14 | the House of Representatives, one of whom shall be a member of |
| 15 | the minority party, shall be appointed by and serve at the |
| 16 | pleasure of the Speaker of the House of Representatives. Six; |
| 17 | three members, including three members one member of the Senate, |
| 18 | one of whom shall be a member of the minority party, shall be |
| 19 | appointed by and serve at the pleasure of the President of the |
| 20 | Senate; and three members shall be selected and appointed by a |
| 21 | majority vote of the other six members of the council. |
| 22 | (b) All terms shall be for 4 years except those members of |
| 23 | the House and Senate, who shall serve 2-year terms concurrent |
| 24 | with the 2-year elected terms of House members. All terms of the |
| 25 | members of the Public Service Commission Nominating Council |
| 26 | existing on June 30, 2008, shall terminate upon the effective |
| 27 | date of this act; however, such members may serve an additional |
| 28 | term if reappointed by the Speaker of the House of |
| 29 | Representatives or the President of the Senate. To establish |
| 30 | staggered terms, appointments of members shall be made for |
| 31 | initial terms to begin on July 1, 2008, with each appointing |
| 32 | officer to appoint three legislator members, one of whom shall |
| 33 | be a member of the minority party, to terms through the |
| 34 | remainder of the 2-year elected terms of House members; one |
| 35 | nonlegislator member to a 6-month term; one nonlegislator member |
| 36 | to an 18-month term; and one nonlegislator member to a 42-month |
| 37 | term. Thereafter, the terms of the nonlegislator members of the |
| 38 | Public Service Commission Nominating Council shall begin on |
| 39 | January 2 of the year the term commences and end 4 years later |
| 40 | on January 1. |
| 41 | (c) The President of the Senate shall appoint the chair of |
| 42 | the council in even-numbered years and the vice chair in odd- |
| 43 | numbered years, and the Speaker of the House of Representatives |
| 44 | shall appoint the chair of the council in odd-numbered years and |
| 45 | the vice chair in even-numbered years, from among the council |
| 46 | membership. |
| 47 | (d) Vacancies on the council shall be filled for the |
| 48 | unexpired portion of the term in the same manner as original |
| 49 | appointments to the council. A member may not be reappointed to |
| 50 | the council, except for a member of the House of Representatives |
| 51 | or the Senate who may be appointed to two 2-year terms, members |
| 52 | who are reappointed pursuant to paragraph (b), or a person who |
| 53 | is appointed to fill the remaining portion of an unexpired term. |
| 54 | (5) A person may not be nominated to the Governor for |
| 55 | appointment to the Committee on Public Service Commission |
| 56 | Oversight until the council has determined that the person is |
| 57 | competent and knowledgeable in one or more fields, which shall |
| 58 | include, but not be limited to: public affairs, law, economics, |
| 59 | accounting, engineering, finance, natural resource conservation, |
| 60 | energy, or another field substantially related to the duties and |
| 61 | functions of the commission. The commission shall fairly |
| 62 | represent the above-stated fields. Recommendations of the |
| 63 | council shall be nonpartisan. |
| 64 | (6) It is the responsibility of the council to nominate to |
| 65 | the Governor no fewer than three Committee on Public Service |
| 66 | Commission Oversight six persons for each vacancy occurring on |
| 67 | the Public Service Commission. The council shall submit the |
| 68 | recommendations to the Governor by September 15 committee by |
| 69 | August 1 of those years in which the terms are to begin the |
| 70 | following January, or within 60 days after a vacancy occurs for |
| 71 | any reason other than the expiration of the term. |
| 72 | (7) The Committee on Public Service Commission Oversight |
| 73 | shall select from the list of nominees provided by the |
| 74 | nominating council three nominees for recommendation to the |
| 75 | Governor for appointment to the commission. The recommendations |
| 76 | must be provided to the Governor within 45 days after receipt of |
| 77 | the list of nominees. The Governor shall fill a vacancy |
| 78 | occurring on the Public Service Commission by appointment of one |
| 79 | of the applicants nominated by the council committee only after |
| 80 | a background investigation of such applicant has been conducted |
| 81 | by the Florida Department of Law Enforcement. If the Governor |
| 82 | has not made an appointment within 30 consecutive calendar days |
| 83 | after the receipt of the recommendation, the council committee, |
| 84 | by majority vote, shall appoint, within 30 days after the |
| 85 | expiration of the Governor's time to make an appointment, one |
| 86 | person from the applicants previously nominated to the Governor |
| 87 | to fill the vacancy. |
| 88 | (8) Each appointment to the Public Service Commission |
| 89 | shall be subject to confirmation by the Senate during the next |
| 90 | regular session after the vacancy occurs. If the Senate refuses |
| 91 | to confirm or fails to consider rejects the Governor's |
| 92 | appointment, the council shall initiate, in accordance with this |
| 93 | section, the nominating process within 30 days. |
| 94 | (9) When the Governor makes an appointment, to fill a |
| 95 | vacancy occurring due to expiration of the term, and that |
| 96 | appointment has not been confirmed by the Senate before the |
| 97 | appointing Governor's term ends, a successor Governor may, |
| 98 | within 30 days after taking office, recall the appointment and, |
| 99 | prior to the first day of the next regular session, make a |
| 100 | replacement appointment from the list provided to the previous |
| 101 | Governor by the council. Such an appointment is subject to |
| 102 | confirmation by the Senate at the next regular session following |
| 103 | the creation of the vacancy to which the appointments are being |
| 104 | made. If the replacement appointment is not timely made, or if |
| 105 | the appointment is not confirmed by the Senate for any reason, |
| 106 | the council, by majority vote, shall appoint, within 30 days |
| 107 | after the Legislature adjourns sine die, one person from the |
| 108 | applicants previously nominated to the Governor to fill the |
| 109 | vacancy, and this appointee is subject to confirmation by the |
| 110 | Senate during the next regular session following the |
| 111 | appointment. |
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