Residential Utility Disconnections
This bill creates a new section of Florida Statutes governing when electric utilities, public utilities, and water utilities may disconnect residential service for nonpayment. It prohibits disconnections during certain weather-related and emergency conditions, including when the forecasted heat index is at or above 90 degrees for more than three consecutive hours, when forecasted temperatures are at or below 32 degrees for more than three consecutive hours, and during specified periods around declared states of emergency for extreme weather events or public health emergencies. It also bars disconnections on Fridays, weekends, state holidays, and the day before a state holiday, and requires utilities to wait until an account is at least 60 days past due before disconnecting service.
The bill further requires utilities to waive reconnection fees and late fees in certain hot or cold weather circumstances, use National Weather Service forecasts for the relevant zip code to determine whether a disconnection suspension applies, and provide customers with their disconnection policies at account opening, with disconnection notices, and on the utility website. It also requires notices of nonpayment to include bill payment assistance or information about payment plans and energy assistance programs, and directs electric utilities to publish alerts when disconnections are suspended due to weather or emergencies. Utilities are prohibited from passing compliance costs on to customers.
If a utility violates the new section, the bill makes it liable to the affected residential customer for actual and consequential damages or $1,000, whichever is greater, plus court costs and attorney fees, and it waives sovereign immunity for purposes of the section. The bill also authorizes injunctive relief and preserves other legal remedies. The act would take effect July 1, 2026.
The overall sentiment reflected by the bill text is strongly consumer-protective and focused on public health and safety, especially for vulnerable households facing extreme heat, cold, or emergencies. Because there are no committee transcripts or recorded votes provided, there is no documented legislative debate or formal support/opposition in the available materials.
The main points of potential contention are likely to be the operational and financial burdens on utilities, the mandatory fee waivers, the 60-day delinquency threshold, and the prohibition on recovering compliance costs from customers. Utilities may also object to the damages remedy, attorney-fee exposure, and waiver of sovereign immunity, while supporters would likely emphasize preventing dangerous shutoffs and ensuring access to essential water and electric service during hazardous conditions.
The bill would add s. 366.043, F.S., creating new statewide limits on residential utility disconnections for nonpayment and imposing new notice, fee-waiver, and customer-information requirements on electric utilities, public utilities, and water utilities. It would also create a private right of action with damages, attorney fees, injunctive relief, and a waiver of sovereign immunity for violations, thereby expanding enforcement beyond existing utility regulation. The measure would directly affect utility disconnection practices, billing and collections policies, and customer assistance communications across Florida.
The bill appears to have a generally sympathetic, consumer-protection-oriented posture, prioritizing health, safety, and continuity of essential utility service for residential customers during extreme weather and emergencies. No committee discussion or vote record was provided, so there is no documented legislative sentiment from debate or roll call in the available materials.
Likely areas of contention include the bill’s restrictions on when utilities may disconnect service, the requirement to waive reconnection and late fees in certain circumstances, and the prohibition on recovering compliance costs from customers. Utilities may also object to the 60-day past-due threshold, mandatory customer alerts and notices, and the liability provisions allowing damages, attorney fees, and injunctive relief, especially given the express waiver of sovereign immunity. Supporters would likely argue these provisions are necessary to protect vulnerable residents from dangerous shutoffs during heat, cold, storms, and public health emergencies.