Florida Senate - 2024 SENATOR AMENDMENT
Bill No. CS for CS for SB 1380
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LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
03/04/2024 02:38 PM .
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Senator Hutson moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (16) is added to section 341.041,
6 Florida Statutes, to read:
7 341.041 Transit responsibilities of the department.—The
8 department shall, within the resources provided pursuant to
9 chapter 216:
10 (16) Unless otherwise provided by state or federal law,
11 ensure that all grants and agreements between the department and
12 entities providing paratransit services include, at a minimum,
13 the following provisions:
14 (a) Performance requirements for the delivery of services,
15 including clear penalties for repeated or continuing violations;
16 (b) Minimum liability insurance requirements for all
17 transportation services purchased, provided, or coordinated for
18 the transportation disadvantaged, as defined in s. 427.011(1),
19 through the contracted vendor or subcontractor thereof;
20 (c) Complaint and grievance processes for paratransit
21 users, including a requirement that all reported complaints,
22 grievances, and resolutions be reported to the department on a
23 quarterly basis; and
24 (d) A requirement that the provisions of paragraphs (a),
25 (b), and (c) must be included in any agreement between an entity
26 receiving a grant or an agreement from the department and such
27 entity’s contractors or subcontractors that provide paratransit
28 services.
29 Section 2. Section 427.012, Florida Statutes, is amended to
30 read:
31 427.012 The Commission for the Transportation
32 Disadvantaged.—There is created the Commission for the
33 Transportation Disadvantaged in the Department of
34 Transportation.
35 (1) The commission shall be composed consist of 11 seven
36 members, all of whom shall be appointed by the Governor, in
37 accordance with the requirements of s. 20.052, as follows:
38 (a) The Secretary of Transportation or his or her designee.
39 (b) The director of the Agency for Persons with
40 Disabilities or his or her designee.
41 (c) The Secretary of Elderly Affairs or his or her
42 designee.
43 (d) The director of the Division of Blind Services.
44 (e) Two county managers or administrators, one from a rural
45 county and one from a county with a population of more than
46 150,000, according to the last state census.
47 (f) Five members who have experience in transportation,
48 workforce development, transit services, management, insurance,
49 or service of persons with disabilities or who have a disability
50 and use transportation for the transportation disadvantaged.
51 (2) A member appointed under paragraph (1)(e) or paragraph
52 (1)(f) shall serve a 4-year term and may be reappointed for one
53 additional 4-year term. A member appointed under paragraph
54 (1)(e) or paragraph (1)(f) whose term has expired shall continue
55 to serve on the commission until such time as a replacement is
56 appointed.
57 (3) Each member must be a resident of this state.
58 (a) Five of the members must have significant experience in
59 the operation of a business, and it is the intent of the
60 Legislature that, when making an appointment, the Governor
61 select persons who reflect the broad diversity of the business
62 community in this state, as well as the racial, ethnic,
63 geographical, and gender diversity of the population of this
64 state.
65 (b) Two of the members must have a disability and use the
66 transportation disadvantaged system.
67 (c) Each member shall represent the needs of the
68 transportation disadvantaged throughout the state. A member may
69 not subordinate the needs of the transportation disadvantaged in
70 general in order to favor the needs of others residing in a
71 specific location in the state.
72 (d) Each member shall be appointed to a term of 4 years. A
73 member may be reappointed for one additional 4-year term.
74 (e) Each member must be a resident of the state and a
75 registered voter.
76 (f) At any given time, at least one member must be at least
77 65 years of age.
78 (g) The Secretary of Transportation, the Secretary of
79 Children and Families, the Secretary of Economic Opportunity,
80 the executive director of the Department of Veterans’ Affairs,
81 the Secretary of Elderly Affairs, the Secretary of Health Care
82 Administration, the director of the Agency for Persons with
83 Disabilities, and a county manager or administrator who is
84 appointed by the Governor, or a senior management level
85 representative of each, shall serve as ex officio, nonvoting
86 advisors to the commission.
87 (h) A member may not, within the 5 years immediately before
88 his or her appointment, or during his or her term on the
89 commission, have or have had a financial relationship with, or
90 represent or have represented as a lobbyist as defined in s.
91 11.045, the following:
92 1. A transportation operator;
93 2. A community transportation coordinator;
94 3. A metropolitan planning organization;
95 4. A designated official planning agency;
96 5. A purchaser agency;
97 6. A local coordinating board;
98 7. A broker of transportation; or
99 8. A provider of transportation services.
100 (4)(2) The chair of the commission chairperson shall be
101 appointed by the Governor, and the vice chair chairperson of the
102 commission shall be elected annually from the membership of the
103 commission.
104 (5)(3) Members of the commission shall serve without
105 compensation but shall be allowed per diem and travel expenses,
106 as provided in s. 112.061.
107 (6)(4) The commission shall meet at least quarterly, or
108 upon more frequently at the call of the chair chairperson. Six
109 Four members of the commission constitute a quorum, and a
110 majority vote of the members present is necessary for any action
111 taken by the commission. A commission member’s participation in
112 a meeting via telephone, real-time videoconferencing, or similar
113 real-time telephonic, electronic, or video communication counts
114 toward a quorum, and such member may vote as if physically
115 present.
116 (7)(5) The Governor may remove any member of the commission
117 for cause.
118 (6) Each candidate for appointment to the commission must,
119 before accepting the appointment, undergo background screening
120 under s. 435.04 by filing with the Department of Transportation
121 a complete set of fingerprints taken by an authorized law
122 enforcement agency. The fingerprints must be submitted to the
123 Department of Law Enforcement for state processing, and that
124 department shall submit the fingerprints to the Federal Bureau
125 of Investigation for federal processing. The Department of
126 Transportation shall screen the background results and inform
127 the commission of any candidate who does not meet level 2
128 screening standards. A candidate who has not met level 2
129 screening standards may not be appointed to the commission. The
130 cost of the background screening may be borne by the Department
131 of Transportation or the candidate.
132 (8)(7) The commission shall appoint an executive director
133 who shall serve under the direction, supervision, and control of
134 the commission. The executive director, with the consent of the
135 commission, shall employ such personnel as may be necessary to
136 perform adequately the functions of the commission within
137 budgetary limitations. Employees of the commission are exempt
138 from the Career Service System.
139 (8) The commission shall appoint a technical working group
140 that includes representatives of private paratransit providers.
141 The technical working group shall advise the commission on
142 issues of importance to the state, including information,
143 advice, and direction regarding the coordination of services for
144 the transportation disadvantaged. The commission may appoint
145 other technical working groups whose members may include
146 representatives of community transportation coordinators;
147 metropolitan planning organizations; regional planning councils;
148 experts in insurance, marketing, economic development, or
149 financial planning; and persons who use transportation for the
150 transportation disadvantaged, or their relatives, parents,
151 guardians, or service professionals who tend to their needs.
152 (9) The commission is assigned to the office of the
153 secretary of the Department of Transportation for administrative
154 and fiscal accountability purposes, but it shall otherwise
155 function independently of the control, supervision, and
156 direction of the department.
157 (10) The commission shall develop a budget pursuant to
158 chapter 216. The budget is not subject to change by the
159 department staff after it has been approved by the commission,
160 but it shall be transmitted to the Governor, as head of the
161 department, along with the budget of the department.
162 Section 3. Section 427.02, Florida Statutes, is created to
163 read:
164 427.02 Paratransit service contracts for transportation
165 service providers.—
166 (1) For purposes of this section, the term “transportation
167 service provider” means an organization or entity that contracts
168 with a local government to provide paratransit service to
169 persons with disabilities.
170 (2) For contracts entered into or renewed on or after
171 October 1, 2024, a transportation service provider must agree
172 to:
173 (a) Provide training to each driver of a motor vehicle used
174 to provide paratransit service to persons with disabilities
175 which, at a minimum, meets requirements established by the
176 Agency for Persons with Disabilities for training and
177 professional development of staff providing direct services to
178 clients of the agency.
179 (b) Establish reasonable time periods between a request for
180 service and the arrival of the transportation service provider
181 at the location specified in the request, taking into account
182 the number of persons requesting paratransit service on the same
183 date, the distance between locations, usual or expected traffic
184 conditions during the provision of paratransit service, and any
185 other factor deemed necessary by the provider or the local
186 government. If a transportation service provider exhibits a
187 pattern of late arrivals based on such established reasonable
188 time periods, the contract must allow the local government to
189 authorize another provider to provide such paratransit service,
190 including the acceptance of any prepaid vouchers for future
191 paratransit service.
192 (c) Provide for transparency regarding the quality of
193 paratransit service provided by the transportation service
194 provider, including, but not limited to, data relating to the
195 timeliness of paratransit service provided and the handling of
196 complaints.
197 (3) Contracts entered into or renewed on or after October
198 1, 2024, with transportation service providers for the provision
199 of paratransit service to persons with disabilities must be
200 competitively procured pursuant to s. 287.057. The procurement
201 must use competitive sealed bids, competitive sealed proposals,
202 or competitive sealed replies. The contract may not be awarded
203 using an exceptional purchase provision provided for in s.
204 287.057(3).
205 Section 4. Section 427.021, Florida Statutes, is created to
206 read:
207 427.021 Adverse incidents of transportation service
208 providers.—
209 (1) For purposes of this section, the term “transportation
210 service provider” means an organization or entity that contracts
211 with a local government to provide paratransit service to
212 persons with disabilities.
213 (2) The Commission for the Transportation Disadvantaged
214 shall establish a model system by October 1, 2024, for use by
215 local governments and transportation service providers for the
216 reporting and investigation of adverse incidents occurring
217 during the provision of paratransit service to persons with
218 disabilities. Such system may include the assignment of a quick
219 response code to each motor vehicle used to provide such service
220 for the purpose of reporting adverse incidents with a smartphone
221 or other mobile device.
222 (3) By January 1, 2025, each transportation service
223 provider, in coordination with the local government, must adopt
224 a system for reporting and investigating adverse incidents.
225 (4) The commission must develop requirements for the
226 investigation of adverse incidents reported, including periodic
227 review of ongoing investigations and documentation of final
228 outcomes thereof. At a minimum, the investigation of a reported
229 adverse incident must commence within 48 hours after receipt of
230 the report.
231 (5) Reports of adverse incidents received by the local
232 government or the transportation service provider shall be
233 submitted on a quarterly basis to the Commission for the
234 Transportation Disadvantaged.
235 Section 5. (1) By January 1, 2025, the Department of
236 Transportation shall provide to the Governor, the President of
237 the Senate, and the Speaker of the House of Representatives a
238 comprehensive report on the transportation disadvantaged
239 services offered in this state and the Commission for the
240 Transportation Disadvantaged. The report must include, at a
241 minimum, all of the following:
242 (a) A review of services rendered by community
243 transportation coordinators or transportation operators
244 coordinated by the commission, specifically outlining:
245 1. Timeliness of services;
246 2. Quality of services;
247 3. Training programs for the drivers and customer service
248 representatives;
249 4. Timeliness of the resolution of complaints; and
250 5. Adherence to performance measures by service providers.
251 (b) A review of transportation delivery models administered
252 by contract by the commission and a review of potential
253 alternative methods. Such review must consider the feasibility
254 and costs related to offering both pre-booking and on-demand
255 service to paratransit service users.
256 (c) The role of paratransit services as used by providers
257 of services for the transportation disadvantaged and the
258 differences between paratransit services and the services
259 provided by the commission. In its review, the department shall
260 also consider the manner in which the use of paratransit
261 services can be leveraged to improve services coordinated by the
262 commission.
263 (d) The role of health care transportation services as used
264 by the users of services for the transportation disadvantaged,
265 and the manner in which coordination of services can be
266 leveraged to improve services administered by the commission.
267 (e) Breakdowns of funding provided by the commission on a
268 contractual level. The report must also include a breakdown of
269 the manner in which the funds are used, by delivery model,
270 including both fixed-route, on-demand, and hybrid models, and
271 through any innovation grant outlined in the General
272 Appropriations Act, and historical funding models and outcomes.
273 (f) A review of the eligibility criteria by each
274 coordinating entity, including any relevant demographic
275 information.
276 (g) A review of the challenges and potential opportunities
277 to better support rural counties in administering such programs.
278 (h) Recommendations on efficiencies and challenges that may
279 result from adopting an alternative format of delivering
280 commission services to improve services for individuals seeking
281 to thrive in community-based settings, including in a workplace
282 setting, who currently receive services provided by the
283 commission.
284 (i) Best practices for limiting the duration of travel
285 times for persons receiving paratransit service. Consideration
286 must be made for the level of service offered to persons without
287 disabilities by a public entity operating a fixed route as
288 compared to the level of paratransit service offered by the
289 transportation service provider in accordance with 49 C.F.R. s.
290 37.121.
291 (j) A review of emerging and other technology opportunities
292 for the provision of services and to ensure the safety and well
293 being of individuals using fixed routes, including the use of
294 in-cabin technology. The review must consider passenger safety,
295 equipment installation and maintenance costs, accessibility
296 standards, and data retention and privacy for individuals
297 served.
298 (k) Any additional recommendations relating to areas of
299 review required by paragraphs (a)–(i).
300 (2) The definitions in s. 427.011, Florida Statutes, apply
301 to subsection (1), unless the context clearly indicates
302 otherwise.
303 Section 6. This act shall take effect upon becoming a law.
304
305 ================= T I T L E A M E N D M E N T ================
306 And the title is amended as follows:
307 Delete everything before the enacting clause
308 and insert:
309 A bill to be entitled
310 An act relating to transportation services for persons
311 with disabilities and the transportation
312 disadvantaged; amending s. 341.041, F.S.; revising
313 duties of the Department of Transportation, within
314 specified resources, with respect to required
315 provisions of grants and agreements with entities
316 providing paratransit services; amending s. 427.012,
317 F.S.; revising membership of the Commission for the
318 Transportation Disadvantaged and qualifications
319 therefor; providing length of terms for specified
320 commission members; revising voting and quorum
321 requirements; deleting a requirement for the
322 commission to appoint a specified working group;
323 creating s. 427.02, F.S.; defining the term
324 “transportation service provider”; providing
325 requirements for paratransit service contracts entered
326 into on or after October 1, 2024; requiring that such
327 contracts be competitively procured; prohibiting the
328 awarding of contracts using specified provisions;
329 creating s. 427.021, F.S.; defining the term
330 “transportation service provider”; requiring the
331 commission to establish a model system for reporting
332 and investigating adverse incidents; requiring
333 transportation service providers to adopt the system
334 by a certain date; requiring the commission to develop
335 requirements for the investigation of adverse
336 incidents; requiring such an investigation to commence
337 within a certain timeframe; requiring reports of
338 adverse incidents to be submitted to the commission;
339 requiring the department to provide the Governor and
340 the Legislature with a report on the transportation
341 disadvantaged services and the Commission for the
342 Transportation Disadvantaged which includes specified
343 information; providing applicability; providing an
344 effective date.