Florida Senate - 2018                                    SB 1368
       
       
        
       By Senator Mayfield
       
       
       
       
       
       17-00970B-18                                          20181368__
    1                        A bill to be entitled                      
    2         An act relating to interruption of services; amending
    3         s. 180.06, F.S.; prohibiting a municipality or private
    4         company from charging for garbage pick-up services
    5         that are not rendered within a specified period;
    6         requiring a municipality or private company to issue a
    7         credit on a monthly bill or a refund within a
    8         specified timeframe; providing for the calculation of
    9         the credit or refund; requiring the payment to the
   10         customer of a specified penalty if a credit or refund
   11         is not issued within a specified timeframe; amending
   12         s. 364.04, F.S.; prohibiting a telecommunications
   13         company from charging for services that are
   14         interrupted for longer than a specified period;
   15         requiring a telecommunications company to issue a
   16         credit on a customer’s monthly bill or a refund within
   17         a specified timeframe; providing for the calculation
   18         of the credit or refund; requiring payment to the
   19         customer of a specified penalty if a credit or refund
   20         is not issued within a specified timeframe;
   21         authorizing the Public Service Commission to adopt
   22         rules for a certain purpose; amending s. 610.108,
   23         F.S.; prohibiting a cable and video service provider
   24         from charging for services that are interrupted for
   25         longer than a specified period; requiring a cable or
   26         video service provider to issue a credit on a monthly
   27         bill or a refund within a specified timeframe;
   28         providing for the calculation of the credit or refund;
   29         requiring payment to the customer of a specified
   30         penalty if a credit or refund is not issued within a
   31         specified timeframe; providing an effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Section 180.06, Florida Statutes, is amended to
   36  read:
   37         180.06 Activities authorized by municipalities and private
   38  companies; garbage pick-up services.—
   39         (1) Any municipality or private company organized for the
   40  purposes contained in this chapter, is authorized:
   41         (a)(1) To clean and improve street channels or other bodies
   42  of water for sanitary purposes;
   43         (b)(2) To provide means for the regulation of the flow of
   44  streams for sanitary purposes;
   45         (c)(3) To provide water and alternative water supplies,
   46  including, but not limited to, reclaimed water, and water from
   47  aquifer storage and recovery and desalination systems for
   48  domestic, municipal or industrial uses;
   49         (d)(4) To provide for the collection and disposal of
   50  sewage, including wastewater reuse, and other liquid wastes;
   51         (e)(5) To provide for the collection and disposal of
   52  garbage;
   53         (f)(6) And incidental to such purposes and to enable the
   54  accomplishment of the same, to construct reservoirs, sewerage
   55  systems, trunk sewers, intercepting sewers, pumping stations,
   56  wells, siphons, intakes, pipelines, distribution systems,
   57  purification works, collection systems, treatment and disposal
   58  works;
   59         (g)(7) To construct airports, hospitals, jails and golf
   60  courses, to maintain, operate and repair the same, and to
   61  construct and operate in addition thereto all machinery and
   62  equipment;
   63         (h)(8) To construct, operate and maintain gas plants and
   64  distribution systems for domestic, municipal and industrial
   65  uses; and
   66         (i)(9) To construct such other buildings and facilities as
   67  may be required to properly and economically operate and
   68  maintain said works necessary for the fulfillment of the
   69  purposes of this chapter.
   70  
   71  However, a private company or municipality shall not construct
   72  any system, work, project or utility authorized to be
   73  constructed hereunder in the event that a system, work, project
   74  or utility of a similar character is being actually operated by
   75  a municipality or private company in the municipality or
   76  territory immediately adjacent thereto, unless such municipality
   77  or private company consents to such construction.
   78         (2)A municipality or private company, as applicable, may
   79  not charge a customer for garbage pick-up service that was not
   80  provided on a normally scheduled pick-up date if the garbage
   81  pick-up service is not provided within 3 business days after the
   82  originally scheduled pick-up date. The municipality or private
   83  company, as applicable, shall issue a credit or refund on the
   84  customer’s monthly bill to adjust on a prorated basis the number
   85  of times the garbage was not picked up within 60 days. A
   86  municipality or private company, as applicable, that fails to
   87  provide such credit or refund within this period shall pay to
   88  each customer whose garbage pick-up was not timely provided as
   89  specified in this section a penalty equal to 10 times the amount
   90  of the credit or refund that the company failed to timely remit
   91  as specified in this subsection.
   92         Section 2. Subsection (1) of section 364.04, Florida
   93  Statutes, is amended to read:
   94         364.04 Schedules of rates, tolls, rentals, and charges;
   95  filing; service interruptions; public inspection.—
   96         (1)(a) Every telecommunications company shall publish
   97  through electronic or physical media schedules showing the
   98  rates, tolls, rentals, and charges of that company for service
   99  to be offered within the state. The commission shall have no
  100  jurisdiction over the content or form or format of such
  101  published schedules. A telecommunications company may, as an
  102  option, file the published schedules with the commission or
  103  publish its schedules through other reasonably publicly
  104  accessible means, including on a website. A telecommunications
  105  company that does not file its schedules with the commission
  106  shall inform its customers where a customer may view the
  107  telecommunications company’s schedules.
  108         (b)A telecommunications company may not charge a customer
  109  for service that has been interrupted for longer than 24
  110  consecutive hours unless the service interruption is caused by a
  111  negligent or willful act by the customer or as a result of
  112  damage on the customer’s side of the service demarcation point
  113  that prevents the receipt or use of service that is otherwise
  114  available. Restoration of service for less than 1 hour during
  115  the service interruption does not toll the time for purposes of
  116  calculating the period of the service interruption. A credit or
  117  refund shall be calculated by identifying the number of days
  118  beyond the first 24 hours that service was interrupted, dividing
  119  that number by the number of days in the billing period, and
  120  multiplying the resulting number by the normal billing amount.
  121  The credit or refund must be provided within 30 days after the
  122  service is restored or the date of the customer’s next bill
  123  following service restoration, whichever is later.
  124  Notwithstanding any other provision of law, a telecommunications
  125  company that fails to provide such credit or refund within this
  126  period must pay to each customer whose service was interrupted
  127  as specified in this paragraph a penalty equal to 10 times the
  128  amount of the credit or refund that the company failed to timely
  129  remit as specified in this paragraph. The commission may adopt
  130  rules to implement this paragraph.
  131         Section 3. Subsection (1) of section 610.108, Florida
  132  Statutes, is amended to read:
  133         610.108 Customer service standards.—
  134         (1)(a) All cable or video service providers shall comply
  135  with customer service requirements in 47 C.F.R. s. 76.309(c).
  136         (b)A cable or video service provider may not charge a
  137  customer for cable or video service that has been interrupted
  138  for longer than 24 consecutive hours unless the service
  139  interruption is caused by a negligent or willful act by the
  140  customer or as a result of damage on the customer’s side of the
  141  service demarcation point that prevents the receipt or use of
  142  service that is otherwise available. Restoration of service for
  143  less than 1 hour during the service interruption does not toll
  144  the calculation of time for purposes of determining the length
  145  of the service interruption. A credit or refund shall be
  146  calculated by identifying the number of days beyond the first 24
  147  hours that service was interrupted, dividing that number by the
  148  number of days in the billing period, and multiplying the
  149  resulting number by the normal billing amount. The credit or
  150  refund must be provided within 30 days after the service is
  151  restored or the date of the customer’s next bill following
  152  service restoration, whichever is later. Notwithstanding any
  153  other provision of law, a cable or video service provider that
  154  fails to provide such credit or refund within this period must
  155  pay to each customer whose service was interrupted as specified
  156  in this paragraph a penalty equal to 10 times the amount of the
  157  credit or refund that the provider failed to timely remit as
  158  specified in this paragraph.
  159         Section 4. This act shall take effect July 1, 2018.