CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. CS for SB 420

    Amendment No. ___

                            CHAMBER ACTION
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11  Senator Dawson moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 38, between lines 25 and 26,

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16  insert:

17         Section 17.  Section 366.15, Florida Statutes, is

18  created to read:

19         366.15  Medically essential electric utility service.--

20         (1)  As used in this section, the term "Medically

21  essential" means the medical dependence on electric-powered

22  medical equipment for residential customers that must be

23  operated 24 hours per day, seven days per week; or to avoid

24  the loss of life or immediate hospitalization of the

25  residential customer or another permanent resident at the

26  service address due to serious medical complications caused by

27  the electric-powered medical equipment ceasing to operate.

28  Notwithstanding the foregoing, medically essential service

29  shall also include the following electric-powered medical

30  equipment in the home: feeding tubes and medical equipment

31  used in performing kidney dialysis in the home.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 420

    Amendment No. ___





  1         (2)  Each electric utility shall designate employees

  2  who are authorized to direct an ordered continuation or

  3  restoration of medically essential service.  Doubts shall be

  4  resolved in favor of continued or restored service.  However,

  5  such continued or restored service shall be for no longer than

  6  10 business days to permit the customer to seek certification

  7  under section 3(a) or re-certification under section 3(b). An

  8  electric utility shall not impose upon any customer any

  9  additional deposit to continue or restore medically essential

10  service.

11         (3)(a)  Each electric utility shall provide an

12  explanation of the certification process upon the customer's

13  request and shall provide appropriate forms to be completed

14  before having the customer's service designated as medically

15  essential service. Certification of medically essential

16  service requires a written completion of a provided form by

17  the customer of record and completion of a provided form by a

18  physician licensed to practice medicine in this state, stating

19  in medical and nonmedical terms why the electric service is

20  medically essential.

21         (b)  Medically essential service must be recertified no

22  more frequently than once every 12 months. Recertification of

23  medically essential service shall require in writing

24  completion of a utility provided form by the customer of

25  record and completion of a utility provided form by a

26  physician licensed to practice medicine in this state, stating

27  in medical and nonmedical terms why the electric service is

28  medically essential.

29         (4)(a)  Each electric utility shall adopt policies and

30  procedures to ensure that electric service is provided to any

31  customer who provides to the electric utility a certificate

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 420

    Amendment No. ___





  1  from a doctor licensed under chapter 458 that such electric

  2  service is medically essential. False certification of

  3  medically essential service by a physician is considered a

  4  violation of chapter 458.

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

  6  consistent with the requirements of the electric utility's

  7  residential rates.

  8         (5)  Notwithstanding any other provision of this

  9  section, an electric utility may disconnect service to a

10  residence whenever an emergency may threaten the health or

11  safety of a person, the surrounding area, or the electric

12  utility's distribution system. The electric utility shall act

13  promptly to restore service as soon as feasible.

14         (6)  No later than 24 hours before any scheduled

15  disconnection of service for nonpayment of bills to a customer

16  who requires medically essential service, an electric utility

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

18  provide notice of the schedule disconnection. If the customer

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

20  the electric utility cannot reach the customer or other adult

21  resident of the premises by telephone by the specified time,

22  the electric utility shall send a representative to the

23  customer's residence to attempt to contact the customer, no

24  later than 4 p.m. of the day before scheduled disconnection.

25  If contact is not made, however, the electric utility may

26  leave written notification at the residence advising the

27  customer of the scheduled disconnection. Thereafter, the

28  electric utility may disconnect service on the specified date.

29         (7)  Each electric utility customer who requires

30  medically essential service is responsible for making

31  satisfactory arrangements with the electric utility to ensure

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 420

    Amendment No. ___





  1  payment for such service.

  2         (8)  Each electric utility customer who requires

  3  medically essential service is solely responsible for any

  4  backup equipment or power supply and a planned course of

  5  action in the event of a power outage or interruption of

  6  service.

  7         (9)(a)  Each electric utility that provides electric

  8  service to any of the electric utility's customers who require

  9  medically essential service shall monitor, by certification no

10  more frequently than once every 12 months, the health or

11  condition of such customer and to call, contact, or otherwise

12  advise such customer of scheduled service interruptions.

13         (b)  Each electric utility shall establish a program to

14  monitor the renewal of certificates no more frequently than

15  once every 12 months. The customer shall be sent by regular

16  mail the current package of information and advised that a new

17  certificate must be on file within 30 days after the

18  expiration of the existing certificates for medically

19  essential service to continue. If no certificate is received

20  within such 30-day period, the electric utility shall remove

21  all indications and procedures relating to the management of

22  medical essential service from the customer's records.

23         (10)(a)  Each electric utility shall provide

24  information on sources of state or local agency funding which

25  may provide financial assistance to the electric utility's

26  customers who require medically essential service and who

27  notify the electric utility of their need for financial

28  assistance.

29         (b)1.  Each electric utility that operates a program to

30  receive voluntary financial contributions from the electric

31  utility's customers to provide assistance to persons who are

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 420

    Amendment No. ___





  1  unable to pay for the electric utility's services shall

  2  maintain a list of all agencies to which the electric utility

  3  distributes such funds for such purposes and shall make the

  4  list available to any such person who requests the list.

  5         2.  Each electric utility that operates such a program

  6  shall:

  7         a.  Maintain a system of accounting for the specific

  8  amounts distributed to each such agency, and the electric

  9  utility and such agencies shall maintain a system of

10  accounting for the specific amounts distributed to persons

11  under such respective programs.

12         b.  Train its customer service representatives to

13  assist any person who possesses a medically essential

14  certification as provided in this section in identifying such

15  agencies and programs.

16         Section 18.  Nothing in this act shall form the basis

17  for any cause of action for monetary damages against an

18  electric utility. Failure to comply with any obligation

19  created by this act does not constitute evidence of negligence

20  on the part of the electric utility.

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22  (Redesignate subsequent sections.)

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25  ================ T I T L E   A M E N D M E N T ===============

26  And the title is amended as follows:

27         On page 3, line 1, following the second semicolon

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29  insert:

30         creating s. 366.15, F.S.; defining the term

31         "medically essential"; requiring electric

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 420

    Amendment No. ___





  1         utilities to provide medically essential

  2         service under specified circumstances;

  3         requiring electric utilities to adopt policies

  4         and procedures to ensure medically essential

  5         service; authorizing utilities to disconnect

  6         service under certain circumstances; providing

  7         for notice to customers; providing for payment

  8         for service; providing for monitoring of

  9         customers; providing responsibilities for

10         customers; providing for the identification of

11         sources for funding purposes;

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