Chiles v. Pub. Serv. Com. Nominating Council - 573 So. 2d 829 (Fla. 1991)

Rule:

Public utility rate-making by the Public Service Commission is a legislative function. The Public Service Commission, which sets rates and settles jurisdictional boundaries, is a legislative agency.

Facts:

Petitioners filed a petition for a writ of prohibition seeking to prevent the Public Service Commission Nominating Council from exercising its authority, set forth in section 350.031, Florida Statutes (1989), to appoint two public service commissioners for positions that became vacant on January 8, 1991, because of the failure of Governor Martinez to make such appointments prior to December 1, 1990. Petitioners contended that the nominating council's exercise of its statutory authority in this matter unconstitutionally limits the appointing authority of the governor. 

Issue:

Does the Public Service Commission Nominating Council have the authority to appoint public service commissioners?

Answer:

Yes.

Conclusion:

The court denied the petition, rejecting petitioners' argument that the general appointment power of petitioner governor to fill vacancies controlled over any general law. The court also rejected petitioners' assertion that ch. 350.031 directly conflicted with Fla. Const. art. IV, § 1(f). The court held that the Public Service Commission was an entity of the legislative branch and that the legislature had the authority to establish by law how legislative branch members, including Public Service Commission members, may be selected.