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



                                                  SENATE AMENDMENT

    Bill No. CS for SB 420

    Amendment No. ___

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                .
                                   .
  2                                .
                                   .
  3                                .
                                   .
  4  ______________________________________________________________

  5

  6

  7

  8

  9

10  ______________________________________________________________

11  Senator Dawson moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 38, between lines 25 and 26,

15

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.

                                  1
    2:25 PM   05/04/00                              s0420c1c-3018u




                                                  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

                                  2
    2:25 PM   05/04/00                              s0420c1c-3018u




                                                  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. Delegating ocular post-operative

  5  responsibilities to a person not licensed under chapters 458

  6  or 459 is grounds for disciplinary action under chapters 458

  7  and 459.

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

  9  consistent with the requirements of the electric utility's

10  residential rates.

11         (5)  Notwithstanding any other provision of this

12  section, an electric utility may disconnect service to a

13  residence whenever an emergency may threaten the health or

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

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

16  promptly to restore service as soon as feasible.

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

18  disconnection of service for nonpayment of bills to a customer

19  who requires medically essential service, an electric utility

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

21  provide notice of the schedule disconnection. If the customer

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

23  the electric utility cannot reach the customer or other adult

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

25  the electric utility shall send a representative to the

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

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

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

29  leave written notification at the residence advising the

30  customer of the scheduled disconnection. Thereafter, the

31  electric utility may disconnect service on the specified date.

                                  3
    2:25 PM   05/04/00                              s0420c1c-3018u




                                                  SENATE AMENDMENT

    Bill No. CS for SB 420

    Amendment No. ___





  1         (7)  Each electric utility customer who requires

  2  medically essential service is responsible for making

  3  satisfactory arrangements with the electric utility to ensure

  4  payment for such service.

  5         (8)  Each electric utility customer who requires

  6  medically essential service is solely responsible for any

  7  backup equipment or power supply and a planned course of

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

  9  service.

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

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

12  medically essential service shall monitor, by certification no

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

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

15  advise such customer of scheduled service interruptions.

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

17  monitor the renewal of certificates no more frequently than

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

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

20  certificate must be on file within 30 days after the

21  expiration of the existing certificates for medically

22  essential service to continue. If no certificate is received

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

24  all indications and procedures relating to the management of

25  medical essential service from the customer's records.

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

27  information on sources of state or local agency funding which

28  may provide financial assistance to the electric utility's

29  customers who require medically essential service and who

30  notify the electric utility of their need for financial

31  assistance.

                                  4
    2:25 PM   05/04/00                              s0420c1c-3018u




                                                  SENATE AMENDMENT

    Bill No. CS for SB 420

    Amendment No. ___





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

  2  receive voluntary financial contributions from the electric

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

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

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

  6  distributes such funds for such purposes and shall make the

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

  8         2.  Each electric utility that operates such a program

  9  shall:

10         a.  Maintain a system of accounting for the specific

11  amounts distributed to each such agency, and the electric

12  utility and such agencies shall maintain a system of

13  accounting for the specific amounts distributed to persons

14  under such respective programs.

15         b.  Train its customer service representatives to

16  assist any person who possesses a medically essential

17  certification as provided in this section in identifying such

18  agencies and programs.

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

20  for any cause of action for monetary damages against an

21  electric utility. Failure to comply with any obligation

22  created by this act does not constitute evidence of negligence

23  on the part of the electric utility.

24

25  (Redesignate subsequent sections.)

26

27

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

29  And the title is amended as follows:

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

31

                                  5
    2:25 PM   05/04/00                              s0420c1c-3018u




                                                  SENATE AMENDMENT

    Bill No. CS for SB 420

    Amendment No. ___





  1  insert:

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

  3         "medically essential"; requiring electric

  4         utilities to provide medically essential

  5         service under specified circumstances;

  6         requiring electric utilities to adopt policies

  7         and procedures to ensure medically essential

  8         service; authorizing utilities to disconnect

  9         service under certain circumstances; providing

10         for notice to customers; providing for payment

11         for service; providing for monitoring of

12         customers; providing responsibilities for

13         customers; providing for the identification of

14         sources for funding purposes;

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  6
    2:25 PM   05/04/00                              s0420c1c-3018u