Senate Bill sb0224c1

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    Florida Senate - 2001                            CS for SB 224

    By the Committee on Regulated Industries and Senators Dawson
    and Sanderson




    315-1602-01

  1                      A bill to be entitled

  2         An act relating to medically essential electric

  3         public utility service; creating s. 366.15,

  4         F.S.; defining the term "medically essential";

  5         requiring electric public utilities to provide

  6         medically essential service under specified

  7         circumstances; providing procedures for

  8         certification of medically essential utility

  9         service; authorizing utilities to disconnect

10         service under certain circumstances; providing

11         for notice to customers; providing for payment

12         for service; providing for monitoring of

13         customers; providing responsibilities for

14         customers; providing for the identification of

15         sources for funding purposes; providing an

16         effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  Section 366.15, Florida Statutes, is

21  created to read:

22         366.15  Medically essential electric public utility

23  service.--

24         (1)  As used in this section, the term "medically

25  essential" means the medical dependence on electric-powered

26  equipment that must be operated continuously or as

27  circumstances require as specified by a physician to avoid the

28  loss of life or immediate hospitalization of the customer or

29  another permanent resident at the service address. 

30         (2)  Each public utility shall designate employees who

31  are authorized to direct an ordered continuation or

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    Florida Senate - 2001                            CS for SB 224
    315-1602-01




  1  restoration of medically essential electric service. A public

  2  utility shall not impose upon any customer any additional

  3  deposit to continue or restore medically essential electric

  4  service.

  5         (3)(a)  Each public utility shall annually provide a

  6  written explanation of the certification process for medically

  7  essential electric service to each utility customer.

  8  Certification of a customer's electricity needs as medically

  9  essential requires the customer to complete forms supplied by

10  the public utility and to submit a form completed by a

11  physician licensed in this state pursuant to chapter 458 which

12  states in medical and nonmedical terms why the electric

13  service is medically essential. False certification of

14  medically essential service by a physician is a violation of

15  s. 458.331(1)(h).

16         (b)  Medically essential service shall be recertified

17  once every 12 months. The public utility shall send the

18  certified customer by regular mail a package of

19  recertification materials, including recertification forms, at

20  least 30 days prior to the expiration of the customer's

21  certification. The materials shall advise the certified

22  customer that he or she must complete and submit the

23  recertification forms within 30 days after the expiration of

24  customer's existing certification. If the recertification

25  forms are not received within this 30-day period, the public

26  utility may terminate the customer's certification.

27         (4)  Each public utility shall certify a customer's

28  electric service as medically essential if the customer

29  completes the requirements of subsection (3).

30         (5)  Notwithstanding any other provision of this

31  section, a public utility may disconnect service to a

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    Florida Senate - 2001                            CS for SB 224
    315-1602-01




  1  residence whenever an emergency may threaten the health or

  2  safety of a person, the surrounding area, or the public

  3  utility's distribution system. The public utility shall act

  4  promptly to restore service as soon as feasible.

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

  6  disconnection of service for nonpayment of bills to a customer

  7  who requires medically essential service, a public utility

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

  9  provide notice of the scheduled disconnection. If the customer

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

11  the public utility cannot reach the customer or other adult

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

13  the public utility shall send a representative to the

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

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

16  If contact is not made, however, the public utility may leave

17  written notification at the residence advising the customer of

18  the scheduled disconnection. Thereafter, the public utility

19  may disconnect service on the specified date.

20         (7)  Each public utility customer who requires

21  medically essential service is responsible for making

22  satisfactory arrangements with the public utility to ensure

23  payment for such service and such arrangements must be

24  consistent with the requirements of the utility's tariff.

25         (8)  Each public utility customer who requires

26  medically essential service is solely responsible for any

27  backup equipment or power supply and a planned course of

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

29  service.

30         (9)  Each public utility that provides electric service

31  to any customers who require medically essential service shall

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    Florida Senate - 2001                            CS for SB 224
    315-1602-01




  1  call, contact, or otherwise advise such customer of scheduled

  2  service interruptions.

  3         (10)(a)  Each public utility shall provide information

  4  on sources of state or local agency funding which may provide

  5  financial assistance to the public utility's customers who

  6  require medically essential service and who notify the public

  7  utility of their need for financial assistance.

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

  9  receive voluntary financial contributions from the public

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

11  unable to pay for the public utility's services shall maintain

12  a list of all agencies to which the public utility distributes

13  such funds for such purposes and shall make the list available

14  to any such person who requests the list.

15         2.  Each public utility that operates such a program

16  shall:

17         a.  Maintain a system of accounting for the specific

18  amounts distributed to each such agency, and the public

19  utility and such agencies shall maintain a system of

20  accounting for the specific amounts distributed to persons

21  under such respective programs.

22         b.  Train its customer service representatives to

23  assist any person who possesses a medically essential

24  certification as provided in this section in identifying such

25  agencies and programs.

26         Section 2.  Nothing in this act shall form the basis

27  for any cause of action against a public utility. Failure to

28  comply with any obligation created by this act does not

29  constitute evidence of negligence on the part of the public

30  utility.

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    Florida Senate - 2001                            CS for SB 224
    315-1602-01




  1         Section 3.  This act shall take effect upon becoming a

  2  law.

  3

  4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  5                              SB 224

  6

  7  The Committee Substitute for Senate Bill 224 deletes from the
    definition of "medically essential" a provision including
  8  electric service that is necessary for use of feeding tubes or
    operation of medical equipment used in kidney dialysis.
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