Senate Bill sb0408er

    ENROLLED

    2001 Legislature                  CS for SB 408, 1st Engrossed



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  2         An act relating to electric utility service

  3         interruptions; creating s. 768.138, F.S.;

  4         providing electric utilities with a complete

  5         defense in certain actions for certain law

  6         enforcement assistance activities; providing an

  7         effective date.

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

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11         Section 1.  Section 768.138, Florida Statutes, is

12  created to read:

13         768.138  Interruption of electric utility service by

14  order of law enforcement; immunity.--The good-faith compliance

15  by an electric utility, as defined in s. 366.02, or the

16  utility's personnel, with a law enforcement or judicial order

17  to interrupt or disconnect electric service at a location for

18  the purpose of aiding law enforcement personnel in the

19  performance of their duties constitutes an absolute defense

20  for the electric utility and its personnel to any civil,

21  criminal, or administrative action arising out of such

22  interruption or disconnection, as long as the electric utility

23  and its personnel exercise reasonable care in their actions.

24  However, this provision does not create a duty of care where

25  none existed prior to the enactment of this section.

26         Section 2.  This act shall take effect upon becoming a

27  law.

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