Florida Statutes
Fla. Stat. § 350.0611 (2025)
Public Counsel; duties and powers.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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350.0611 Public Counsel; duties and powers.—It shall be the duty of the Public Counsel to provide legal representation for the people of the state in proceedings before the commission and in proceedings before counties pursuant to s. 367.171(8). The Public Counsel shall have such powers as are necessary to carry out the duties of his or her office, including, but not limited to, the following specific powers:
(1) To recommend to the commission or the counties, by petition, the commencement of any proceeding or action or to appear, in the name of the state or its citizens, in any proceeding or action before the commission or the counties and urge therein any position which he or she deems to be in the public interest, whether consistent or inconsistent with positions previously adopted by the commission or the counties, and utilize therein all forms of discovery available to attorneys in civil actions generally, subject to protective orders of the commission or the counties which shall be reviewable by summary procedure in the circuit courts of this state;
(2) To have access to and use of all files, records, and data of the commission or the counties available to any other attorney representing parties in a proceeding before the commission or the counties;
(3) In any proceeding in which he or she has participated as a party, to seek review of any determination, finding, or order of the commission or the counties, or of any hearing examiner designated by the commission or the counties, in the name of the state or its citizens;
(4) To prepare and issue reports, recommendations, and proposed orders to the commission, the Governor, and the Legislature on any matter or subject within the jurisdiction of the commission, and to make such recommendations as he or she deems appropriate for legislation relative to commission procedures, rules, jurisdiction, personnel, and functions; and
(5) To appear before other state agencies, federal agencies, and state and federal courts in connection with matters under the jurisdiction of the commission, in the name of the state or its citizens.
History.—s. 1, ch. 74-195; s. 1, ch. 77-174; s. 2, ch. 81-318; s. 6, ch. 87-50; s. 536, ch. 95-148; s. 12, ch. 2000-350; s. 2, ch. 2001-145.
Notes of Decisions
Cited in 8
cases, 1976–2015 · leading case: Citizens of the State of Florida, etc. v. Florida Pub. Serv. Comm'n, 146 So. 3d 1143 (Fla. 2014).
Citizens of the State of Florida, etc. v. Florida Pub. Serv. Comm'n, 146 So. 3d 1143 (Fla. 2014). “§ 350.0611, Fla. Stat. (2012). It is notable that the Commission’s enabling statute is also part of chapter 350, Florida Statutes.”
Citizens of Florida v. Mayo, 357 So. 2d 731 (Fla. 1978). “Petitioner says that Section 350.0611, Florida Statutes (1975) mandates the adoption of his proposed rule amendment verbatim.”
Comm'n on Ethics v. Sullivan, 489 So. 2d 10 (Fla. 1986). “§ 350.0611, Fla. Stat. (1983). Finally, there is the Joint Administrative Procedures Committee.”
Citizens of Florida v. Hawkins, 356 So. 2d 254 (Fla. 1978). “Having been granted the right to intervene in General Telephone's rate application proceeding, public counsel is authorized to seek a review of the Commission's final decision in this Court.”
Citizens of the State Ex Rel. Off. of Pub. Couns. v. Florida Pub. Serv. Comm'n & Utils., Inc., 164 So. 3d 58 (Fla. 1st DCA 2015). “OPC relied on section 350.0611(1), Florida Statutes (2014), which empowers it “to appear, in the name of the state or its citizens, in any proceeding or action before the commission,” and to “utilize therein all forms of discovery available to attorneys in civil actions…”
Citizens of State of Fla. v. Wilson, 568 So. 2d 1267 (Fla. 1990). “§ 350.0611, Fla. Stat. (1987). Jurisdiction is conferred upon this Court by article V, section 3(b)(2) of the Florida Constitution, and sections 350.”
Davis v. S. Bell Tel. & Tel. Co., 755 F. Supp. 1532 (S.D. Fla. 1991). “In this case, it is undisputed that on January 27, 1983, the PSC issued an Order which suspended, pending hearing, the implementation of the new charges, including the unbundled IWMS charges, proposed by Southern Bell to the PSC on November 23, 1982 (“1982 Rate Case”).”
In re Petition of Pub. Couns., 44 Fla. Supp. 172 (Fla. Pub. Serv. Comm'n 1976). “For example, petitioner is specifically empowered in Section 350.0611(1) “. . . to appear . . .”
— 350.0611(1) — 2 cases
Citizens of the State Ex Rel. Off. of Pub. Couns. v. Florida Pub. Serv. Comm'n & Utils., Inc., 164 So. 3d 58 (Fla. 1st DCA 2015). “OPC relied on section 350.0611(1), Florida Statutes (2014), which empowers it “to appear, in the name of the state or its citizens, in any proceeding or action before the commission,” and to “utilize therein all forms of discovery available to attorneys in civil actions…”
In re Petition of Pub. Couns., 44 Fla. Supp. 172 (Fla. Pub. Serv. Comm'n 1976). “For example, petitioner is specifically empowered in Section 350.0611(1) “. . . to appear . . .”
— 350.0611(3) — 1 case
Citizens of Florida v. Hawkins, 356 So. 2d 254 (Fla. 1978). “Having been granted the right to intervene in General Telephone's rate application proceeding, public counsel is authorized to seek a review of the Commission's final decision in this Court.”
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