Senate Bill sb0408c1

    Florida Senate - 2001                            CS for SB 408

    By the Committee on Regulated Industries and Senator Smith





    315-1485-01

  1                      A bill to be entitled

  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.

  8

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

10

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         Section 2.  This act shall take effect upon becoming a

25  law.

26

27          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
28                              SB 408

29

30  CS/SB 408 limits the grant of immunity so that it does not
    apply to the actions taken by the utility or its personnel in
31  interrupting electric service unless these actions were done
    with reasonable care.
                                  1

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