Senate Bill 1710 (2020) — Utility construction contracting services
SB 1710
Florida Bills
Florida Senate - 2020 SB By Senator Torres 15-01609-20 20201710__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to utility construction contracting services; creating s. 366.971, F.S.; defining terms; 3 prohibiting public utilities or electric utilities from engaging in construction contracting services, 5 from providing affiliates or utility contractors with certain products or services related to construction contracting, and from using or allowing affiliates or utility contractors to use certain identifying information related to the utility to engage in construction contracting services; prohibiting affiliates and utility contractors from using certain assets of public utilities or electric utilities to engage in construction contracting services except under certain circumstances; requiring affiliates and utility contractors to maintain certain business records separate and distinct from those of the public utility or electric utility; providing construction; 18 providing an effective date. 19
Be It Enacted by the Legislature of the State of Florida: 21
Section
Section 366.971, Florida Statutes, is created to read: 24 366.971 Public utility or electric utility construction contracting services prohibited; exception; penalty.— 26
(1) As used in this section, the term: 27
(a) “Affiliate or utility contractor” includes an individual who provides construction contracting services and Florida Senate - 2020 SB 1710 15-01609-20 20201710__ CODING: Words stricken are deletions; words underlined are additions. whose business is owned or controlled by, or under common control with, a public utility or an electric utility that provides regulated utility services in this state or any other state. 33
(b) “Electric utility” has the same meaning as in s. 34 366.02(2). 35
(c) “Public utility” has the same meaning as in s. 36 366.02(1). 37
(2) A public utility or an electric utility may not do any of the following: 39
(
a) Engage in construction contracting services under
chapter 489. 41
(
b) Provide an affiliate or a utility contractor with bookkeeping, billing, mailing, financing, legal, or insurance products or services that are related to construction contracting, including service warranty or home warranty products or services under
chapter or construction liens under
part I of
chapter 713. 47
(
c) Use, or allow an affiliate or a utility contractor to use, the name, trade name, service mark, logo, or slogan of the public utility or electric utility to engage in construction contracting services. 51
(
d) Engage in, or assist an affiliate or a utility contractor in engaging in, construction contracting services in a manner that subsidizes the activities of the public utility, 54 electric utility, affiliate, or utility contractor to the extent of changing the rates or charges for the public utility’s or electric utility’s regulated services above or below the rates or charges that would be in effect if the public utility or Florida Senate - 2020 SB 1710 15-01609-20 20201710__ CODING: Words stricken are deletions; words underlined are additions. electric utility were not engaged in or assisting any affiliate or utility contractor in engaging in such activities. 60
(3) An affiliate or a utility contractor may not do any of the following: 62
(
a) Use a facility, an electronic processing or communication mechanism, a public relations or marketing product or service, a vehicle, a service tool, an instrument, an employee, or any other public utility or electric utility asset, 66 the cost of which is recoverable in the regulated rate for utility service, to engage in construction contracting services, 68 unless the public utility or electric utility is compensated for the use of the asset at the utility’s cost. 70
(
b) Use or combine bookkeeping, billing, mailing, 71 financing, legal, or insurance products or services that are procured or owned by a public utility or an electric utility for any activity related to construction contracting. 74
(4) An affiliate or a utility contractor shall maintain its accounts, bookkeeping, and records separate and distinct from those of the public utility or electric utility. 77
(5) This
section may not be construed to prohibit a public utility or an electric utility from providing emergency services, providing a service that is required by law, providing a service that is exempt from construction contracting licensure under s. 489.103(5), or providing a program pursuant to an existing tariff, rule, or order of the commission. 83