Florida Senate - 2017 CS for SB 1146
By the Committee on Communications, Energy, and Public
Utilities; and Senator Broxson
579-02999-17 20171146c1
1 A bill to be entitled
2 An act relating to representation by the Public
3 Counsel; amending s. 350.0611, F.S.; authorizing the
4 Public Counsel to provide representation in
5 proceedings of municipal and other government water
6 and wastewater utilities; authorizing the Public
7 Counsel to represent customers living outside the
8 jurisdictional boundaries of a local government water
9 and wastewater utility in ratesetting proceedings;
10 providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 350.0611, Florida Statutes, is amended
15 to read:
16 350.0611 Public Counsel; duties and powers.—It shall be the duty
17 of the Public Counsel to provide legal representation for the
18 people of the state in proceedings before the commission, and in
19 proceedings before counties pursuant to s. 367.171(8), and in
20 proceedings of municipal and other local government water and
21 wastewater utilities. The Public Counsel shall have such powers
22 as are necessary to carry out the duties of his or her office,
23 including, but not limited to, the following specific powers:
24 (1)(a) To recommend to the commission or the counties, by
25 petition, the commencement of any proceeding or action or to
26 appear, in the name of the state or its citizens, in any
27 proceeding or action before the commission or the counties and
28 urge therein any position which he or she deems to be in the
29 public interest, whether consistent or inconsistent with
30 positions previously adopted by the commission or the counties,
31 and utilize therein all forms of discovery available to
32 attorneys in civil actions generally, subject to protective
33 orders of the commission or the counties which shall be
34 reviewable by summary procedure in the circuit courts of this
35 state; and
36 (b) To represent ratepayers living outside the
37 jurisdictional boundary of a local government that provides a
38 water and wastewater utility service to those ratepayers in a
39 proceeding in which rates for the local government water and
40 wastewater utility services are determined;
41 (2) To have access to and use of all files, records, and
42 data of the commission or the counties available to any other
43 attorney representing parties in a proceeding before the
44 commission or the counties;
45 (3) In any proceeding in which he or she has participated
46 as a party, to seek review of any determination, finding, or
47 order of the commission or the counties, or of any hearing
48 examiner designated by the commission or the counties, in the
49 name of the state or its citizens;
50 (4) To prepare and issue reports, recommendations, and
51 proposed orders to the commission, the Governor, and the
52 Legislature on any matter or subject within the jurisdiction of
53 the commission, and to make such recommendations as he or she
54 deems appropriate for legislation relative to commission
55 procedures, rules, jurisdiction, personnel, and functions; and
56 (5) To appear before other state agencies, federal
57 agencies, and state and federal courts in connection with
58 matters under the jurisdiction of the commission, in the name of
59 the state or its citizens.
60 Section 2. This act shall take effect July 1, 2017.