Senate Bill 1644

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    Florida Senate - 1999                                  SB 1644

    By Senator Gutman





    314-1007-99

  1                      A bill to be entitled

  2         An act relating to state taxation; providing

  3         for a credit against residential electric

  4         utility bills; providing conditions with

  5         respect to the credit; providing legislative

  6         intent; providing an appropriation; providing

  7         an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  (1)  Each residential electric utility

12  customer account of an "electric utility" as defined in

13  section 366.02, Florida Statutes, receiving active,

14  residential electric utility service on August 1, 1999, shall

15  be provided a credit in the amount of $50, payable from the

16  General Revenue Fund, on the bill for the electric utility

17  service account in August 1999. The method for awarding this

18  credit shall be as follows:

19         (a)  The Florida Public Service Commission shall direct

20  each electric utility to provide the credit on the electric

21  utility service accounts of all residential electric service

22  customers eligible under this section, without exception. The

23  commission shall develop appropriate language that describes

24  the credit on the bill and notifies customers of the credit

25  application procedure, making every effort to minimize, as

26  much as possible, costs to the utilities. Credits must be

27  reflected on the bills rendered by the utility starting on

28  August 1, 1999, for the applicable customer accounts as they

29  are subsequently billed according to the utility's standard

30  billing cycles, and the credits must be applied to the bills

31  up to the total amount owed each month for electric service.

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    Florida Senate - 1999                                  SB 1644
    314-1007-99




  1  If the amount of the bill for electric service is less than

  2  $50, the remaining amount of the credit must be carried on the

  3  account and applied to that account in one or more subsequent

  4  months until the total credit has been depleted or until

  5  October 31, 1999. All credits that remain undistributed after

  6  that date, for any reason, must be accounted for by the

  7  utility and returned to the Comptroller no later than November

  8  15, 1999.

  9         (b)  Each electric utility in this state shall, by

10  August 16, 1999, certify to the Florida Public Service

11  Commission the total number of residential electric utility

12  accounts active on August 1, 1999.

13         (c)  Upon receiving the certification of the total

14  number of active residential electric utility accounts from

15  the utilities, the commission shall calculate the amount of

16  funds necessary for each electric utility to carry out the

17  requirements of this section by multiplying the number of

18  residential accounts active on August 1, 1999, by $50. The

19  commission shall also calculate the amount of funds allowed

20  for utility computer reprogramming costs to administer the

21  credit by multiplying the number of residential accounts

22  active on August 1, 1999, by 3 cents.

23         (d)  The commission shall produce a list of the

24  utilities which details the calculated amounts of funds

25  necessary to provide the $50 credits and reprogramming costs.

26  The commission shall certify this list to the Comptroller, the

27  President of the Senate, the Speaker of the House of

28  Representatives, and the Governor by September 1, 1999. Upon

29  any specific request of the Comptroller, the President of the

30  Senate, the Speaker of the House of Representatives, or the

31  Governor, the Public Service Commission shall audit the total

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    Florida Senate - 1999                                  SB 1644
    314-1007-99




  1  number of residential electric utility accounts as filed under

  2  paragraph (b).

  3         (e)  The Comptroller shall distribute funds to each

  4  individual electric utility, based on the list submitted by

  5  the commission, on or before September 20, 1999. The

  6  Comptroller shall make appropriate adjustments as funds are

  7  available to ensure that an equal amount is credited to each

  8  electric utility customer that is qualified to receive credit

  9  under this section.

10         (2)  It is the intent of the Legislature that this

11  one-time credit not require any increase or decrease in

12  current utility rates as established at the effective date of

13  this act. Before this credit is applied, amounts owed by each

14  customer and gross receipts of electric utilities shall be

15  calculated without regard to the existence of the credit, to

16  ensure that the amounts due from each customer, including, but

17  not limited to, rates, state and local taxes, franchise fees,

18  and any other applicable charges, are not affected by the

19  existence of this credit. Furthermore, gross receipts, for

20  purposes of the gross receipts tax levied under section

21  203.01, Florida Statutes, must not be affected by the

22  existence of this credit.

23         Section 2.  The sum of $376 million is appropriated

24  from the General Revenue Fund for fiscal year 1999-2000, to be

25  used in carrying out the purposes of this act. If these funds

26  are insufficient to carry out the provisions of this act, the

27  Administration Commission may transfer sufficient additional

28  funds from the Working Capital Fund.

29         Section 3.  This act shall take effect upon becoming a

30  law.

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    Florida Senate - 1999                                  SB 1644
    314-1007-99




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  2                          SENATE SUMMARY

  3    Provides a one-time credit in the amount of $50 against
      each residential electric utility account. Provides
  4    conditions to receiving the credit. Provides legislative
      intent. Provides an appropriation.
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