Florida Senate - 2016 SB 738 By Senator Brandes 22-00748-16 2016738__ 1 A bill to be entitled 2 An act relating to the Central Florida Regional 3 Transportation Authority; amending s. 343.63, F.S.; 4 revising the organization and membership of the 5 governing board of the authority; creating s. 343.635, 6 F.S.; directing the authority to contract for the 7 management of its system pursuant to a request for 8 proposals; providing a definition; providing for 9 review of the request by the Florida Transportation 10 Commission; providing procedures; directing the Office 11 of Program Policy Analysis and Government 12 Accountability to review and evaluate the 13 organizational management and operational 14 effectiveness of the authority and submit a report to 15 the Governor and Legislature by a specified date; 16 providing a directive to the Division of Law Revision 17 and Information; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 343.63, Florida Statutes, is amended to 22 read: 23 343.63 Central Florida Regional Transportation Authority.— 24 (1) There is created and established a body politic and 25 corporate, an agency of the state, to be known as the “Central 26 Florida Regional Transportation Authority,” hereinafter referred 27 to as the “authority.” 28 (2) The governing board of the authority shall consist of 29 nine voting members: 30 (a) Each chair of the boards of county commissioners of 31 Osceola, Orange, and Seminole Counties shall appoint himself or 32 herself or another member of the respective board of county 33 commissioners. 34 (b) The mayors of the largest municipalities in Osceola, 35 Orange, and Seminole Counties shall each appoint the chair or 36 another member of the governing body of his or her respective 37 municipality. 38 (c) The Governor shall appoint three citizen members, one 39 of whom shall be a citizen of Orange County, one of whom shall 40 be a citizen of Osceola County, and one of whom shall be a 41 citizen of Seminole County. The members appointed by the 42 Governor shall be citizens who are not residents of the largest 43 municipality in his or her respective county. 44 45 The district secretary of the Department of Transportation 46 district within the area served by the authority shall serve as 47 a nonvoting advisor to the governing body of the authority. 48 Appointed members shall serve for 2 years, except that each 49 citizen member appointed by the Governor shall serve for 3 50 years. An appointed member’s term expires December 31 of his or 51 her last year of service. The terms of standing board members 52 expire on the effective date of this act. Each appointed member 53 shall hold office until his or her successor is appointed and 54 qualified. A vacancy occurring during a term must be filled for 55 only the balance of the unexpired term. Each appointed member of 56 the board shall be a person of outstanding reputation for 57 integrity, responsibility, and business ability. Except as 58 provided in this subsection, a person who is an officer or 59 employee of a municipality or county may not be an appointed 60 member of the board. Any member of the board is eligible for 61 reappointment. 62 (3) The governing board of the authority shall elect a 63 chair, vice chair, and treasurer from among its membership, who 64 shall each hold his or her office at the pleasure of the board. 65 Five members of the board constitute a quorum, and the vote of 66 five members is necessary for any action taken by the board. A 67 vacancy on the board does not impair the right of a quorum to 68 exercise all rights and perform all duties of the authority. 69
(2) The governing board of the authority shall consist of70 five voting members as follows:71 (a) The chairs of the county commissions of Seminole,72 Orange, and Osceola Counties, or another member of the73 commission designated by the county chair, shall each serve as a74 representative on the board for the full extent of his or her75 term.76 (b) The mayor of the City of Orlando, or a member of the77 Orlando City Council designated by the mayor, shall serve as a78 representative on the board for the full extent of his or her79 term.80 (c) The Secretary of Transportation shall appoint the81 district secretary, or his or her designee, for the district82 within which the area served by the authority is located and83 this member shall be a voting member.84 (3) A vacancy during a term shall be filled in the same85 manner as the original appointment and only for the balance of86 the unexpired term.87 (4) The members of the governing board of the authority are 88 shallnot beentitled to compensation, but shall be reimbursed 89 for travel expenses actually incurred in their duties as 90 provided by law. 91 Section 2. Section 343.635, Florida Statutes, is created to 92 read: 93 343.635 System management.— 94 (1) By 60 days after the effective date of this act, the 95 Central Florida Regional Transportation Authority shall develop 96 a request for proposals, consistent with part I of chapter 287, 97 to contract for the management of its system. For purposes of 98 this request for proposals, the term “management” means the 99 management and day-to-day operation of the Central Florida 100 Regional Transportation Authority system and providing 101 consultation to the governing board in all areas of public 102 transportation. The contract shall be bid on a fixed-price 103 basis, and compensation shall be determined by the amount of 104 service provided, such as price per vehicle revenue hour. The 105 contract shall also include specified performance metrics. The 106 contractor shall be evaluated according to the performance 107 metrics on a predetermined schedule during the contract. The 108 contract shall provide penalties for failure to perform in 109 accordance with these performance metrics, including the ability 110 of the governing board to terminate the contract and rebid for 111 contractual services. The purpose of the contract shall be to 112 secure and provide all management and supervisory services 113 reasonably required and necessary for the efficient operation of 114 the system under the policies determined by the Central Florida 115 Regional Transportation Authority. The advisory, management, and 116 supervisory services to be furnished by the contractor shall 117 include, but not be limited to, transportation operations, 118 vehicle maintenance, marketing, schedule operations, labor 119 relations and labor contract negotiations, equipment purchasing, 120 accounting, income and expense projections, safety, employee 121 selection and training, and all other managerial functions 122 normally required in the daily operation of a transit system and 123 all specifications as listed in the request for proposals, 124 including, but not limited to, the following: 125 (a) The contract shall be for a minimum of 5 years, with 126 the option for renewal. 127 (b) The specific responsibilities of the contractor and 128 general manager. 129 (c) The responsibilities of the Central Florida Regional 130 Transportation Authority. 131 (d) General terms and conditions. 132 (e) Payment terms. 133 (f) Disclosure of conflicts of interest. 134 (g) Insurance requirements. 135 (h) The terms of the award. 136 (2) After development of the request for proposals, the 137 Central Florida Regional Transportation Authority shall forward 138 a draft of the request for proposals to the Florida 139 Transportation Commission for review. Within 60 days after 140 receiving the draft, the Florida Transportation Commission shall 141 review the request for proposals for consistency with subsection 142 (1) and part I of chapter 287 and issue a report detailing its 143 findings. 144 (3) After the Florida Transportation Commission review 145 provided for in subsection (2), the Central Florida Regional 146 Transportation Authority shall have 30 days to make any 147 corrections to its proposed request for proposals and issue the 148 request for proposals. 149 (4) After the issuance of the request for proposals, 150 interested parties shall have 90 days to submit responses. 151 Within 30 days after the deadline for submitting responses to 152 the request for proposals, the Central Florida Regional 153 Transportation Authority shall begin negotiations to contract 154 with the most responsive bidder. 155 Section 3. (1) The Office of Program Policy Analysis and 156 Government Accountability shall review and evaluate the 157 operational effectiveness of the Central Florida Regional 158 Transportation Authority using the annual fiscal reports 159 prepared by the authority and submitted to the Florida 160 Transportation Commission. The office shall also evaluate 161 whether the organizational management of the authority is 162 effective and efficient and analyze the governing board 163 structure and whether it is appropriate. 164 (2) By June 30, 2016, the Office of Program Policy Analysis 165 and Government Accountability shall submit a report to the 166 Governor, the President of the Senate, and the Speaker of the 167 House of Representatives detailing its findings and 168 recommendations on the organizational and operational structure 169 of the Central Florida Regional Transportation Authority. 170 Section 4. The Division of Law Revision and Information is 171 directed to: 172 (1) Replace the phrase “on the effective date of this act” 173 wherever it occurs in section 1 with the date this act becomes a 174 law; and 175 (2) Replace the phrase “60 days after the effective date of 176 this act” wherever it occurs in section 2 with such date. 177 Section 5. This act shall take effect upon becoming a law.