House Bill 2231

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    Florida House of Representatives - 2000                HB 2231

        By Representative Sublette






  1                      A bill to be entitled

  2         An act relating to medically essential electric

  3         utility service; creating s. 366.15, F.S.;

  4         providing definitions; requiring continuation

  5         or restoration of medically essential electric

  6         service for certain customers under certain

  7         circumstances; providing requirements;

  8         requiring utilities to explain a medically

  9         essential certification process to customers;

10         requiring annual recertification; requiring

11         utilities to adopt certain policies and

12         procedures; authorizing utilities to disconnect

13         electric service under certain circumstances;

14         requiring notice; providing procedures;

15         requiring payment for medically essential

16         service; providing responsibilities for

17         customers requiring medically essential

18         electric service; requiring utilities to

19         monitor medically essential customers and

20         notify such customers of scheduled service

21         interruptions; requiring utilities to establish

22         programs monitor annual renewal of

23         certifications and to assist customers

24         requiring medically essential utility service

25         in obtaining funding for such service;

26         providing requirements; providing an effective

27         date.

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

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    Florida House of Representatives - 2000                HB 2231

    534-215C-00






  1         Section 1.  Section 366.15, Florida Statutes, is

  2  created to read:

  3         366.15  Medically essential electric utility service.--

  4         (1)  For purposes of this section:

  5         (a)  "Medically essential" means required to sustain a

  6  person's life, or avoid serious medical injuries or

  7  complications requiring a person's immediate hospitalization

  8  which is likely to result from termination of service, and the

  9  person is unable, because of mental or physical problems, to

10  manage his or her own resources or to protect himself or

11  herself from neglect or hazardous situations without the

12  assistance of others.

13         (b)  "Utility" means a public utility which supplies

14  electricity or an electric utility, as defined in this

15  chapter.

16         (2)  Each utility shall continue, safeguard from

17  termination, or restore discontinued or terminated electric

18  service to a person's residence whenever such service is

19  medically essential as determined pursuant to this section by

20  a physician licensed under chapter 458. Each utility shall

21  designate employees who are authorized to direct an ordered

22  continuation or restoration of medically essential service.

23  Doubts shall be resolved in favor of continued or restored

24  service. A utility shall not impose upon any customer any

25  deposit or other charge to continue or restore medically

26  essential service.

27         (3)(a)  Each utility shall provide an explanation of

28  the certification process annually to each utility customer.

29  Certification of a customer as medically essential requires

30  completion of a form by a physician licensed in this state

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    Florida House of Representatives - 2000                HB 2231

    534-215C-00






  1  stating in medical and nonmedical terms why the electric

  2  service is medically essential.

  3         (b)  Medically essential service shall be recertified

  4  each year in writing by obtaining a recertification form

  5  completed by a physician licensed in this state in order to

  6  continure medically essential service.

  7         (4)(a)  Each utility shall adopt policies and

  8  procedures to ensure that electric service is provided to any

  9  customer who provides to the utility a certificate from a

10  doctor licensed under chapter 458 that such electric service

11  is medically essential.

12         (b)  The continued provision of such service shall be

13  consistent with the requirements of the utility's residential

14  rates.

15         (5)  Notwithstanding any other provision of this

16  section, a utility may disconnect service to a residence

17  whenever an emergency may threaten the health or safety of a

18  person, the surrounding area, or the utility's distribution

19  system.  The utility shall act promptly to restore service as

20  soon as feasible.

21         (6)  No later than 24 hours prior to any scheduled

22  disconnection of service for nonpayment of bills to a customer

23  who requires such service as medically essential, a utility

24  shall attempt to contact the customer by telephone in order to

25  provide notice of the scheduled disconnection. If the customer

26  does not have a telephone number listed on the account, or if

27  the utility cannot reach such customer or other adult resident

28  of the premises by telephone by the specified time, the

29  utility shall send a representative to the customer's

30  residence to attempt to contact the customer, no later than 4

31  p.m. of the day prior to scheduled disconnection. If contact

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    Florida House of Representatives - 2000                HB 2231

    534-215C-00






  1  is not made, however, the utility may leave written

  2  notification at the residence advising the customer of the

  3  scheduled disconnection. Thereafter, the utility may

  4  disconnect service on the specified date.

  5         (7)  Each utility customer who requires medically

  6  essential service is responsible for making satisfactory

  7  arrangements with the utility to ensure payment for such

  8  service.

  9         (8)  Each utility customer who requires medically

10  essential service is solely responsible for any backup

11  equipment or power supply and a planned course of action in

12  the event of a power outage.

13         (9)(a)  Each utility which provides electric service to

14  any of the utility's customers who require medically essential

15  service shall monitor, by writing or telephoning once each

16  year, the health or condition of such customer to ensure

17  continuous service, and to call, contact, or otherwise advise

18  such customer of scheduled service interruptions.

19         (b)  Each utility shall establish a program to monitor

20  the annual renewal of certificates.  The customer shall be

21  sent by regular mail the current package of information and

22  advised that a new certificate must be on file within 30 days

23  after the expiration of the existing certificate for medically

24  essential service to continue.  If no certificate is received

25  within such 30-day period, the utility shall remove all

26  indications and procedures relating to the management of

27  medically essential service from the customer's records.

28         (10)(a)  Each utility shall provide information on

29  sources of state or local agency funding which may provide

30  financial assistance to the utility's customers who require

31  medically essential service.

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    Florida House of Representatives - 2000                HB 2231

    534-215C-00






  1         (b)1.  Each utility which operates a program to receive

  2  voluntary financial contributions from the utility's customers

  3  to provide assistance to persons who are unable to pay for the

  4  utility's services shall maintain a list of all agencies to

  5  which the utility distributes such funds for such purposes and

  6  shall make the list available to any such person who requests

  7  the list.

  8         2.  Each utility which operates such a program shall:

  9         a.  Maintain a system of accounting for the specific

10  amounts distributed to each such agency, and the utility and

11  such agencies shall maintain a system of accounting for the

12  specific amounts distributed to persons under such respective

13  programs.

14         b.  Train its customer service representatives to

15  assist any person who possesses a medically essential

16  certification as provided in this section in identifying such

17  agencies and programs.

18         Section 2.  This act shall take effect upon becoming a

19  law.

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21            *****************************************

22                          HOUSE SUMMARY

23
      Provides for continuation or restoration of electric
24    service which is medically essential. Provides for a
      physician's certification of the necessity for medically
25    essential electric service. Requires utilities to
      establish programs to assist customers requiring
26    medically essential electric service in obtaining funding
      for such service. See bill for details.
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