CODING: Words stricken are deletions; words underlined are additions.
e2653932
House
h0500-99
h0591
2000
AA
850612
Senator Dawson moved the following amendment to amendment
(850612):
On page 140, between lines 14 and 15,
On page 150, line 31,
SENATE AMENDMENT
Bill No. CS/CS/HB 591, 2nd Eng.
Amendment No. ___
CHAMBER ACTION
Senate House
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11 Senator Dawson moved the following amendment to amendment
12 (850612):
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14 Senate Amendment (with title amendment)
15 On page 140, between lines 14 and 15,
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17 insert:
18 Section 82. Section 366.15, Florida Statutes, is
19 created to read:
20 366.15 Medically essential electric utility service.--
21 (1) As used in this section, the term "Medically
22 essential" means the medical dependence on electric-powered
23 medical equipment for residential customers that must be
24 operated 24 hours per day, seven days per week; or to avoid
25 the loss of life or immediate hospitalization of the
26 residential customer or another permanent resident at the
27 service address due to serious medical complications caused by
28 the electric-powered medical equipment ceasing to operate.
29 Notwithstanding the foregoing, medically essential service
30 shall also include the following electric-powered medical
31 equipment in the home: feeding tubes and medical equipment
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SENATE AMENDMENT
Bill No. CS/CS/HB 591, 2nd Eng.
Amendment No. ___
1 used in performing kidney dialysis in the home.
2 (2) Each electric utility shall designate employees
3 who are authorized to direct an ordered continuation or
4 restoration of medically essential service. Doubts shall be
5 resolved in favor of continued or restored service. However,
6 such continued or restored service shall be for no longer than
7 10 business days to permit the customer to seek certification
8 under section 3(a) or re-certification under section 3(b). An
9 electric utility shall not impose upon any customer any
10 additional deposit to continue or restore medically essential
11 service.
12 (3)(a) Each electric utility shall provide an
13 explanation of the certification process upon the customer's
14 request and shall provide appropriate forms to be completed
15 before having the customer's service designated as medically
16 essential service. Certification of medically essential
17 service requires a written completion of a provided form by
18 the customer of record and completion of a provided form by a
19 physician licensed to practice medicine in this state, stating
20 in medical and nonmedical terms why the electric service is
21 medically essential.
22 (b) Medically essential service must be recertified no
23 more frequently than once every 12 months. Recertification of
24 medically essential service shall require in writing
25 completion of a utility provided form by the customer of
26 record and completion of a utility provided form by a
27 physician licensed to practice medicine in this state, stating
28 in medical and nonmedical terms why the electric service is
29 medically essential.
30 (4)(a) Each electric utility shall adopt policies and
31 procedures to ensure that electric service is provided to any
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SENATE AMENDMENT
Bill No. CS/CS/HB 591, 2nd Eng.
Amendment No. ___
1 customer who provides to the electric utility a certificate
2 from a doctor licensed under chapter 458 that such electric
3 service is medically essential. False certification of
4 medically essential service by a physician is considered a
5 violation of chapter 458.
6 (b) The continued provision of such service shall be
7 consistent with the requirements of the electric utility's
8 residential rates.
9 (5) Notwithstanding any other provision of this
10 section, an electric utility may disconnect service to a
11 residence whenever an emergency may threaten the health or
12 safety of a person, the surrounding area, or the electric
13 utility's distribution system. The electric utility shall act
14 promptly to restore service as soon as feasible.
15 (6) No later than 24 hours before any scheduled
16 disconnection of service for nonpayment of bills to a customer
17 who requires medically essential service, an electric utility
18 shall attempt to contact the customer by telephone in order to
19 provide notice of the schedule disconnection. If the customer
20 does not have a telephone number listed on the account or if
21 the electric utility cannot reach the customer or other adult
22 resident of the premises by telephone by the specified time,
23 the electric utility shall send a representative to the
24 customer's residence to attempt to contact the customer, no
25 later than 4 p.m. of the day before scheduled disconnection.
26 If contact is not made, however, the electric utility may
27 leave written notification at the residence advising the
28 customer of the scheduled disconnection. Thereafter, the
29 electric utility may disconnect service on the specified date.
30 (7) Each electric utility customer who requires
31 medically essential service is responsible for making
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SENATE AMENDMENT
Bill No. CS/CS/HB 591, 2nd Eng.
Amendment No. ___
1 satisfactory arrangements with the electric utility to ensure
2 payment for such service.
3 (8) Each electric utility customer who requires
4 medically essential service is solely responsible for any
5 backup equipment or power supply and a planned course of
6 action in the event of a power outage or interruption of
7 service.
8 (9)(a) Each electric utility that provides electric
9 service to any of the electric utility's customers who require
10 medically essential service shall monitor, by certification no
11 more frequently than once every 12 months, the health or
12 condition of such customer and to call, contact, or otherwise
13 advise such customer of scheduled service interruptions.
14 (b) Each electric utility shall establish a program to
15 monitor the renewal of certificates no more frequently than
16 once every 12 months. The customer shall be sent by regular
17 mail the current package of information and advised that a new
18 certificate must be on file within 30 days after the
19 expiration of the existing certificates for medically
20 essential service to continue. If no certificate is received
21 within such 30-day period, the electric utility shall remove
22 all indications and procedures relating to the management of
23 medical essential service from the customer's records.
24 (10)(a) Each electric utility shall provide
25 information on sources of state or local agency funding which
26 may provide financial assistance to the electric utility's
27 customers who require medically essential service and who
28 notify the electric utility of their need for financial
29 assistance.
30 (b)1. Each electric utility that operates a program to
31 receive voluntary financial contributions from the electric
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SENATE AMENDMENT
Bill No. CS/CS/HB 591, 2nd Eng.
Amendment No. ___
1 utility's customers to provide assistance to persons who are
2 unable to pay for the electric utility's services shall
3 maintain a list of all agencies to which the electric utility
4 distributes such funds for such purposes and shall make the
5 list available to any such person who requests the list.
6 2. Each electric utility that operates such a program
7 shall:
8 a. Maintain a system of accounting for the specific
9 amounts distributed to each such agency, and the electric
10 utility and such agencies shall maintain a system of
11 accounting for the specific amounts distributed to persons
12 under such respective programs.
13 b. Train its customer service representatives to
14 assist any person who possesses a medically essential
15 certification as provided in this section in identifying such
16 agencies and programs.
17 Section 83. Nothing in this act shall form the basis
18 for any cause of action for monetary damages against an
19 electric utility. Failure to comply with any obligation
20 created by this act does not constitute evidence of negligence
21 on the part of the electric utility.
22 Section 84. This act shall take effect upon becoming a
23 law.
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25 (Redesignate subsequent sections.)
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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 150, line 31, after the semicolon
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SENATE AMENDMENT
Bill No. CS/CS/HB 591, 2nd Eng.
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;
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