Senate Bill sb0616

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    Florida Senate - 2002                                   SB 616

    By Senator Dawson





    30-25A-02

  1                      A bill to be entitled

  2         An act relating to medically essential electric

  3         utility service; amending s. 366.15, F.S.;

  4         requiring municipalities that provide electric

  5         utility service to provide medically essential

  6         service in the same manner and according to the

  7         same procedures as nonmunicipal public

  8         utilities; authorizing municipalities to

  9         disconnect service under certain circumstances;

10         providing for notice to customers; providing

11         for payment for service; providing for

12         monitoring of customers; providing

13         responsibilities of customers; providing for

14         identification of funding sources; requiring

15         municipal and nonmunicipal utilities to set up

16         payment schedules with customers who require

17         such service; forbidding disconnection unless a

18         payment schedule is not adhered to; providing

19         an effective date.

20

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

22

23         Section 1.  Section 366.15, Florida Statutes, is

24  amended to read:

25         366.15  Medically essential electric public utility

26  service.--

27         (1)  As used in this section, the term:

28         (a)  "Medically essential" means the medical dependence

29  on electric-powered equipment that must be operated

30  continuously or as circumstances require as specified by a

31  physician to avoid the loss of life or immediate

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    Florida Senate - 2002                                   SB 616
    30-25A-02




  1  hospitalization of the customer or another permanent resident

  2  at the residential service address.

  3         (b)  "Municipality" means a municipality that provides

  4  electric utility service.

  5         (2)  Each public utility and each municipality shall

  6  designate employees who are authorized to direct an ordered

  7  continuation or restoration of medically essential electric

  8  service. A public utility or municipality may shall not impose

  9  upon any customer any additional deposit to continue or

10  restore medically essential electric service.

11         (3)(a)  Each public utility and each municipality shall

12  annually provide a written explanation of the certification

13  process for medically essential electric service to each

14  utility customer. Certification of a customer's electricity

15  needs as medically essential requires the customer to complete

16  forms supplied by the public utility or municipality and to

17  submit a form completed by a physician licensed in this state

18  pursuant to chapter 458 or chapter 459 which states in medical

19  and nonmedical terms why the electric service is medically

20  essential. False certification of medically essential service

21  by a physician is a violation of s. 458.331(1)(h) or s.

22  459.015(1)(i).

23         (b)  Medically essential service shall be recertified

24  once every 12 months. The public utility or municipality shall

25  send the certified customer by regular mail a package of

26  recertification materials, including recertification forms, at

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

28  certification. The materials shall advise the certified

29  customer that he or she must complete and submit the

30  recertification forms within 30 days after the expiration of

31  customer's existing certification. If the recertification

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    Florida Senate - 2002                                   SB 616
    30-25A-02




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

  2  utility or municipality may terminate the customer's

  3  certification.

  4         (4)  Each public utility and each municipality shall

  5  certify a customer's electric service as medically essential

  6  if the customer completes the requirements of subsection (3).

  7         (5)  Notwithstanding any other provision of this

  8  section, a public utility or municipality may disconnect

  9  service to a residence whenever an emergency may threaten the

10  health or safety of a person, the surrounding area, or the

11  public utility's or municipality's distribution system. The

12  public utility or municipality shall act promptly to restore

13  service as soon as feasible.

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

15  disconnection of service for nonpayment of bills to a customer

16  who requires medically essential service, a public utility or

17  municipality shall attempt to contact the customer by

18  telephone in order to provide notice of the scheduled

19  disconnection. If the customer does not have a telephone

20  number listed on the account or if the public utility or

21  municipality cannot reach the customer or other adult resident

22  of the premises by telephone by the specified time, the public

23  utility or municipality 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 public utility or

27  municipality may leave written notification at the residence

28  advising the customer of the scheduled disconnection.

29  Thereafter, the public utility or municipality may disconnect

30  service on the specified date.

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    Florida Senate - 2002                                   SB 616
    30-25A-02




  1         (7)  A Each public utility or municipality shall set up

  2  a reasonable payment schedule with any customer who requires

  3  medically essential service and may not disconnect the

  4  customer's electric service unless the payment schedule is not

  5  adhered to is responsible for making satisfactory arrangements

  6  with the public utility to ensure payment for such service,

  7  and such arrangements must be consistent with the requirements

  8  of the utility's tariff.

  9         (8)  Each public utility customer of a public utility

10  or municipality who requires medically essential service is

11  solely responsible for any backup equipment or power supply

12  and a planned course of action in the event of a power outage

13  or interruption of service.

14         (9)  Each public utility and each municipality that

15  provides electric service to any customer who requires

16  medically essential service shall call, contact, or otherwise

17  advise such customer of scheduled service interruptions.

18         (10)(a)  Each public utility and each municipality

19  shall provide information on sources of state or local agency

20  funding which may provide financial assistance to its the

21  public utility's customers who require medically essential

22  service and who notify the public utility or municipality of

23  their need for financial assistance.

24         (b)1.  Each public utility and each municipality that

25  operates a program to receive voluntary financial

26  contributions from its the public utility's customers to

27  provide assistance to persons who are unable to pay for its

28  electric the public utility's services shall maintain a list

29  of all agencies to which it the public utility distributes

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

31  to any such person who requests the list.

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    Florida Senate - 2002                                   SB 616
    30-25A-02




  1         2.  Each public utility and each municipality that

  2  operates such a program shall:

  3         a.  Maintain a system of accounting for the specific

  4  amounts distributed to each such agency, and the public

  5  utility or municipality and such agencies shall maintain a

  6  system of accounting for the specific amounts distributed to

  7  persons under such respective programs.

  8         b.  Train its customer service representatives to

  9  assist any person who possesses a medically essential

10  certification as provided in this section in identifying such

11  agencies and programs.

12         (11)  Nothing in this act shall form the basis for any

13  cause of action against a public utility or municipality.

14  Failure to comply with any obligation created by this act does

15  not constitute evidence of negligence on the part of the

16  public utility or municipality.

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

18  law.

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20            *****************************************

21                          SENATE SUMMARY

22    Requires municipalities that provide electric utility
      service to furnish medically essential service to their
23    customers in the same manner and according to the same
      guidelines as do public utilities. Requires municipal and
24    nonmunicipal utilities to set up payment schedules with
      customers. Forbids disconnection of electricity unless
25    the schedule is not adhered to.

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