HOUSE AMENDMENT
hbd-05 Bill No. CS/HBs 1617 & 1487, 1st Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Greenstein offered the following:
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13 Amendment (with title amendment)
14 On page 167, between lines 23 and 24,
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16 insert:
17 Section 49. (1) Section 366.15, Florida Statutes, is
18 created to read:
19 366.15 Medically essential electric public utility
20 service.--
21 (1) As used in this section, the term "medically
22 essential" means the medical dependence on electric-powered
23 equipment that must be operated continuously, or as
24 circumstances require as specified by a physician, to avoid
25 the loss of life or immediate hospitalization of the customer
26 or another permanent resident at the service address.
27 (2) Each public utility shall designate employees who
28 are authorized to direct an ordered continuation or
29 restoration of medically essential electric service. A public
30 utility shall not impose upon any customer any additional
31 deposit to continue or restore medically essential electric
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hbd0016 09:15 am 01617-0095-152861
HOUSE AMENDMENT
hbd-05 Bill No. CS/HBs 1617 & 1487, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 service.
2 (3)(a) Each public utility shall annually provide a
3 written explanation of the certification process for medically
4 essential electric service to each utility customer.
5 Certification of a customer's electricity needs as medically
6 essential requires the customer to complete forms supplied by
7 the public utility and to submit a form completed by a
8 physician licensed in this state pursuant to chapter 458 which
9 states in medical and nonmedical terms why the electric
10 service is medically essential. False certification of
11 medically essential service by a physician is a violation of
12 s. 458.331(1)(h).
13 (b) Medically essential service shall be recertified
14 once every 12 months. The public utility shall send the
15 certified customer by regular mail a package of
16 recertification materials, including recertification forms, at
17 least 30 days prior to the expiration of the customer's
18 certification. The materials shall advise the certified
19 customer that he or she must complete and submit the
20 recertification forms within 30 days after the expiration of
21 customer's existing certification. If the recertification
22 forms are not received within this 30-day period, the public
23 utility may terminate the customer's certification.
24 (4) Each public utility shall certify a customer's
25 electric service as medically essential if the customer
26 completes the requirements of subsection (3).
27 (5) Notwithstanding any other provision of this
28 section, a public utility may disconnect service to a
29 residence whenever an emergency may threaten the health or
30 safety of a person, the surrounding area, or the public
31 utility's distribution system. The public utility shall act
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hbd0016 09:15 am 01617-0095-152861
HOUSE AMENDMENT
hbd-05 Bill No. CS/HBs 1617 & 1487, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 promptly to restore service as soon as feasible.
2 (6) No later than 24 hours before any scheduled
3 disconnection of service for nonpayment of bills to a customer
4 who requires medically essential service, a public utility
5 shall attempt to contact the customer by telephone in order to
6 provide notice of the scheduled disconnection. If the customer
7 does not have a telephone number listed on the account or if
8 the public utility cannot reach the customer or other adult
9 resident of the premises by telephone by the specified time,
10 the public utility shall send a representative to the
11 customer's residence to attempt to contact the customer, no
12 later than 4 p.m. of the day before scheduled disconnection.
13 If contact is not made, however, the public utility may leave
14 written notification at the residence advising the customer of
15 the scheduled disconnection. Thereafter, the public utility
16 may disconnect service on the specified date.
17 (7) Each public utility customer who requires
18 medically essential service is responsible for making
19 satisfactory arrangements with the public utility to ensure
20 payment for such service and such arrangements must be
21 consistent with the requirements of the utility's tariff.
22 (8) Each public utility customer who requires
23 medically essential service is solely responsible for any
24 backup equipment or power supply and a planned course of
25 action in the event of a power outage or interruption of
26 service.
27 (9) Each public utility that provides electric service
28 to any customers who require medically essential service shall
29 call, contact, or otherwise advise such customer of scheduled
30 service interruptions.
31 (10)(a) Each public utility shall provide information
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hbd0016 09:15 am 01617-0095-152861
HOUSE AMENDMENT
hbd-05 Bill No. CS/HBs 1617 & 1487, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 on sources of state or local agency funding which may provide
2 financial assistance to the public utility's customers who
3 require medically essential service and who notify the public
4 utility of their need for financial assistance.
5 (b)1. Each public utility that operates a program to
6 receive voluntary financial contributions from the public
7 utility's customers to provide assistance to persons who are
8 unable to pay for the public utility's services shall maintain
9 a list of all agencies to which the public utility distributes
10 such funds for such purposes and shall make the list available
11 to any such person who requests the list.
12 2. Each public utility that operates such a program
13 shall:
14 a. Maintain a system of accounting for the specific
15 amounts distributed to each such agency and the public utility
16 and such agencies shall maintain a system of accounting for
17 the specific amounts distributed to persons under such
18 respective programs.
19 b. Train its customer service representatives to
20 assist any person who possesses a medically essential
21 certification as provided in this section in identifying such
22 agencies and programs.
23 (2) Nothing in this section shall form the basis for
24 any cause of action against a public utility. Failure to
25 comply with any obligation created by this section does not
26 constitute evidence of negligence on the part of the public
27 utility.
28 Section 50. Subsection (12) of section 403.503,
29 Florida Statutes, is amended to read:
30 403.503 Definitions relating to Florida Electrical
31 Power Plant Siting Act.--As used in this act:
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hbd0016 09:15 am 01617-0095-152861
HOUSE AMENDMENT
hbd-05 Bill No. CS/HBs 1617 & 1487, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (12) "Electrical power plant" means, for the purpose
2 of certification, any steam or solar electrical generating
3 facility using any process or fuel, including nuclear
4 materials, and includes associated facilities which directly
5 support the construction and operation of the electrical power
6 plant and those associated transmission lines which connect
7 the electrical power plant to an existing transmission network
8 or rights-of-way to which the applicant intends to connect,
9 except that this term does not include any steam or solar
10 electrical generating facility of less than 75 megawatts in
11 capacity unless the applicant for such a facility elects to
12 apply for certification under this act or proposes to site the
13 facility within any area comprising at least 20 square miles
14 with an average population density of at least 3,000 persons
15 per square mile. An associated transmission line may include,
16 at the applicant's option, any proposed terminal or
17 intermediate substations or substation expansions connected to
18 the associated transmission line.
19 Section 51. Subsection (1) of section 403.506, Florida
20 Statutes, is amended to read:
21 403.506 Applicability and certification.--
22 (1) The provisions of this act shall apply to any
23 electrical power plant as defined herein, except that the
24 provisions of this act shall not apply to any electrical power
25 plant or steam generating plant of less than 75 megawatts in
26 capacity or to any substation to be constructed as part of an
27 associated transmission line unless the applicant has elected
28 to apply for certification of such plant or substation under
29 this act or proposes to site such plant within any area
30 comprising at least 20 square miles with an average population
31 density of at least 3,000 persons per square mile. No
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File original & 9 copies 04/27/01
hbd0016 09:15 am 01617-0095-152861
HOUSE AMENDMENT
hbd-05 Bill No. CS/HBs 1617 & 1487, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 construction of any new electrical power plant or expansion in
2 steam generating capacity of any existing electrical power
3 plant may be undertaken after October 1, 1973, without first
4 obtaining certification in the manner as herein provided,
5 except that this act shall not apply to any such electrical
6 power plant which is presently operating or under construction
7 or which has, upon the effective date of chapter 73-33, Laws
8 of Florida, applied for a permit or certification under
9 requirements in force prior to the effective date of such act.
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12 ================ T I T L E A M E N D M E N T ===============
13 And the title is amended as follows:
14 On page 12, line 3, after the semicolon
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16 insert:
17 creating s. 366.15, F.S.; providing a
18 definition; requiring electric public utilities
19 to provide medically essential service under
20 specified circumstances; providing procedures
21 for certification of medically essential
22 utility service; authorizing utilities to
23 disconnect service under certain circumstances;
24 providing for notice to customers; providing
25 for payment for service; providing for
26 monitoring of customers; providing
27 responsibilities for customers; providing for
28 the identification of sources for funding
29 purposes; amending s. 403.503, F.S.; revising a
30 definition; amending s. 403.506, F.S.;
31 providing an additional exception to
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hbd0016 09:15 am 01617-0095-152861
HOUSE AMENDMENT
hbd-05 Bill No. CS/HBs 1617 & 1487, 1st Eng.
Amendment No. ___ (for drafter's use only)
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File original & 9 copies 04/27/01
hbd0016 09:15 am 01617-0095-152861