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



                                                  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 34, between lines 20 and 21,

16

17  insert:

18         Section 12.  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. Delegating ocular post-operative

  6  responsibilities to a person not licensed under chapters 458

  7  or 459 is grounds for disciplinary action under chapters 458

  8  and 459.

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

10  consistent with the requirements of the electric utility's

11  residential rates.

12         (5)  Notwithstanding any other provision of this

13  section, an electric utility may disconnect service to a

14  residence whenever an emergency may threaten the health or

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

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

17  promptly to restore service as soon as feasible.

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

19  disconnection of service for nonpayment of bills to a customer

20  who requires medically essential service, an electric utility

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

22  provide notice of the schedule disconnection. If the customer

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

24  the electric utility cannot reach the customer or other adult

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

26  the electric utility shall send a representative to the

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

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

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

30  leave written notification at the residence advising the

31  customer of the scheduled disconnection. Thereafter, the

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 591, 2nd Eng.

    Amendment No. ___





  1  electric utility may disconnect service on the specified date.

  2         (7)  Each electric utility customer who requires

  3  medically essential service is responsible for making

  4  satisfactory arrangements with the electric utility to ensure

  5  payment for such service.

  6         (8)  Each electric utility customer who requires

  7  medically essential service is solely responsible for any

  8  backup equipment or power supply and a planned course of

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

10  service.

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

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

13  medically essential service shall monitor, by certification no

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

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

16  advise such customer of scheduled service interruptions.

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

18  monitor the renewal of certificates no more frequently than

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

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

21  certificate must be on file within 30 days after the

22  expiration of the existing certificates for medically

23  essential service to continue. If no certificate is received

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

25  all indications and procedures relating to the management of

26  medical essential service from the customer's records.

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

28  information on sources of state or local agency funding which

29  may provide financial assistance to the electric utility's

30  customers who require medically essential service and who

31  notify the electric utility of their need for financial

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 591, 2nd Eng.

    Amendment No. ___





  1  assistance.

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

  3  receive voluntary financial contributions from the electric

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

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

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

  7  distributes such funds for such purposes and shall make the

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

  9         2.  Each electric utility that operates such a program

10  shall:

11         a.  Maintain a system of accounting for the specific

12  amounts distributed to each such agency, and the electric

13  utility and such agencies shall maintain a system of

14  accounting for the specific amounts distributed to persons

15  under such respective programs.

16         b.  Train its customer service representatives to

17  assist any person who possesses a medically essential

18  certification as provided in this section in identifying such

19  agencies and programs.

20         Section 13.  Nothing in this act shall form the basis

21  for any cause of action for monetary damages against an

22  electric utility. Failure to comply with any obligation

23  created by this act does not constitute evidence of negligence

24  on the part of the electric utility.

25         Section 14.  This act shall take effect upon becoming a

26  law.

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28  (Redesignate subsequent sections.)

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 591, 2nd Eng.

    Amendment No. ___





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

  2  And the title is amended as follows:

  3         On page  142, line 24, after the first semicolon

  4

  5  insert:

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

  7         "medically essential"; requiring electric

  8         utilities to provide medically essential

  9         service under specified circumstances;

10         requiring electric utilities to adopt policies

11         and procedures to ensure medically essential

12         service; authorizing utilities to disconnect

13         service under certain circumstances; providing

14         for notice to customers; providing for payment

15         for service; providing for monitoring of

16         customers; providing responsibilities for

17         customers; providing for the identification of

18         sources for funding purposes;

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