Senate Bill sb0976

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    Florida Senate - 2007                                   SB 976

    By Senator Crist





    12-593-07

  1                      A bill to be entitled

  2         An act relating to public utility payments;

  3         providing legislative intent regarding the

  4         method of payment by customers for public

  5         utility services; providing definitions;

  6         requiring units of local government and public

  7         utility companies that provide public utility

  8         services to accept, by a specified date,

  9         certain financial instruments as payment for

10         services rendered to utility customers;

11         authorizing a local government or utility

12         company to charge customers fees and service

13         charges for using credit and debit cards;

14         requiring a local government or utility company

15         to verify the credit of the customer proposing

16         to use the card; providing an effective date.

17  

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

19  

20         Section 1.  Payments for public utility services.--

21         (1)  It is the intent of the Legislature to ensure that

22  consumers of public utility services in this state have access

23  to the most efficient methods by which to pay for public

24  utility services. To that end, the Legislature intends that

25  units of local government and public utility companies that

26  provide public utility services accept payment for the

27  customer's obligations as directed by this section.

28         (2)  As used in this section, the term:

29         (a)  "Cable television service" means any audio,

30  including telephonic, video, data, Internet, or other service

31  provided for payment by a cable television company over its

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    Florida Senate - 2007                                   SB 976
    12-593-07




 1  cable television system, including coaxial cable, wire, fiber

 2  optic, or similar transmission services used in connection

 3  with any cable television system.

 4         (b)  "Cellular telephone service" means a service

 5  providing communication through a device containing a unique

 6  electronic serial number that is programmed into its computer

 7  chip by its manufacturer and whose operation is dependent on

 8  the transmission of that electronic serial number along with a

 9  mobile identification number, which is assigned by the

10  cellular telephone carrier, in the form of radio signals

11  through cell sites and mobile switching stations.

12         (c)  "Internet service provider" means a business or

13  person who provides consumers authenticated access to, or

14  presence on, the Internet by means of a switched or dedicated

15  telecommunications channel upon which the provider provides

16  transit routing of Internet Protocol (IP) packets for and on

17  behalf of the consumer.

18         (d)  "Public utility company" means a person,

19  corporation, partnership, association, or other legal entity,

20  whether fictitiously named or not, doing business in this

21  state supplying public utility services to or for consumers in

22  this state. The term includes a publicly owned utility

23  company, a municipally owned utility company, or a cooperative

24  utility company that provides a public utility service for

25  sale to consumers.

26         (e)  "Public utility service" means electric or gas

27  services, cable television services, services provided by an

28  Internet service provider, telecommunications services,

29  including cellular telephone services, services of a

30  stormwater management system as defined in s. 403.031,

31  

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    Florida Senate - 2007                                   SB 976
    12-593-07




 1  services of a sewage disposal system as defined in s. 153.02,

 2  or services of a public water system as defined in s. 403.852.

 3         (f)  "Telecommunications service" means the

 4  transmission of signs, signals, writing, images, sounds,

 5  messages, data, or other information of the user's choosing,

 6  by wire, radio, light waves, or other electromagnetic means,

 7  without change in the form or content of the information as

 8  sent and received by the user and regardless of the facilities

 9  used, including, without limitation, wireless facilities.

10         (g)  "Unit of local government" means any political

11  subdivision as defined in s. 1.01, including any county,

12  municipality, special district, school district, utility

13  authority, or other authority, or any instrumentality, agency,

14  unit, or department thereof.

15         (3)(a)  By July 1, 2008, each unit of local government

16  and each public utility company that provides public utility

17  services to customers in this state must accept payment for

18  services received using specified financial instruments or

19  procedures for the convenience of the utility customer. The

20  methods must include:

21         1.  Cash;

22         2.  Check;

23         3.  Bank draft;

24         4.  Money order;

25         5.  Debit card or credit card; or

26         6.  Electronic funds transfer.

27         (b)  A unit of local government or a public utility

28  company may contract with a debit card or credit card vendor

29  for acceptance of debit cards or credit cards. The unit of

30  local government or public utility company may pay any

31  

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    Florida Senate - 2007                                   SB 976
    12-593-07




 1  applicable service charge that is associated with the use of a

 2  debit card or credit card under this section.

 3         (c)  If there is a charge to the unit of local

 4  government or public utility company for the use of a

 5  financial instrument, the unit of local government or public

 6  utility company may collect a sum equal to the amount of the

 7  charge from the person who uses the financial instrument.

 8         (d)  A unit of local government and public utility

 9  company shall verify the validity of any credit card or debit

10  card used under this section and the existence of appropriate

11  credit with respect to the person using the card. The unit of

12  local government or public utility company does not incur

13  liability as a result of such verification or any subsequent

14  action taken.

15         (4)  This section does not prohibit a unit of local

16  government from continuing to accept credit cards or debit

17  cards under a contract that was entered into before July 1,

18  2007, unless specifically directed otherwise in the General

19  Appropriations Act. However, the contract may not be extended

20  or renewed after July 1, 2007, unless the renewal and

21  extension conform to the requirements of this section.

22         Section 2.  This act shall take effect July 1, 2007.

23  

24            *****************************************

25                          SENATE SUMMARY

26    Requires units of local government and public utility
      companies that provide public utility services to accept,
27    by a specified date, certain financial instruments as
      payment for services rendered to utility customers.
28    Authorizes the utilities to charge customers fees and
      service charges for using credit and debit cards.
29    Requires the utilities to verify the credit of the
      customer proposing to use the card.
30  

31  

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