Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1380
       
       
       
       
       
       
                                Ì541278@Î541278                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/06/2024           .                                
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       The Committee on Transportation (Hutson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 427.011, Florida Statutes, is reordered
    6  and amended to read:
    7         427.011 Definitions.—For the purposes of ss. 427.011
    8  427.017:
    9         (11)(1) “Transportation disadvantaged” means those persons
   10  who because of physical or mental disability, income status, or
   11  age are unable to transport themselves or to purchase
   12  transportation and are, therefore, dependent upon others to
   13  obtain access to health care, employment, education, shopping,
   14  social activities, or other life-sustaining activities, or
   15  children who are handicapped or high-risk or at-risk as defined
   16  in s. 411.202.
   17         (6)(2) “Metropolitan planning organization” means the
   18  organization responsible for carrying out transportation
   19  planning and programming in accordance with the provisions of 23
   20  U.S.C. s. 134, as provided in 23 U.S.C. s. 104(f)(3).
   21         (1)(3) “Agency” means an official, officer, commission,
   22  authority, council, committee, department, division, bureau,
   23  board, section, or any other unit or entity of the state or of a
   24  city, town, municipality, county, or other local governing body
   25  or a private nonprofit transportation service-providing agency.
   26         (13)(4) “Transportation improvement program” means a staged
   27  multiyear program of transportation improvements, including an
   28  annual element, which is developed by a metropolitan planning
   29  organization or designated official planning agency.
   30         (2)(5) “Community transportation coordinator” means a
   31  transportation entity recommended by a metropolitan planning
   32  organization, or by the appropriate designated official planning
   33  agency as provided for in ss. 427.011-427.017 in an area outside
   34  the purview of a metropolitan planning organization, to ensure
   35  that coordinated transportation services are provided to the
   36  transportation disadvantaged population in a designated service
   37  area.
   38         (14)(6) “Transportation operator” means one or more public,
   39  private for-profit, or private nonprofit entities engaged by the
   40  community transportation coordinator to provide service to
   41  transportation disadvantaged persons pursuant to a coordinated
   42  system service plan.
   43         (3)(7) “Coordinating board” means an advisory entity in
   44  each designated service area composed of representatives
   45  appointed by the metropolitan planning organization or
   46  designated official planning agency, to provide assistance to
   47  the community transportation coordinator relative to the
   48  coordination of transportation services.
   49         (9)(8) “Purchasing agency” means a department or agency
   50  whose head is an ex officio, nonvoting adviser to the
   51  commission, or an agency that purchases transportation services
   52  for the transportation disadvantaged.
   53         (8)(9) “Paratransit” means those elements of public transit
   54  which provide service between specific origins and destinations
   55  selected by the individual user with such service being provided
   56  at a time that is agreed upon by the user and provider of the
   57  service. Paratransit service is provided by taxis, limousines,
   58  “dial-a-ride,” buses, and other demand-responsive operations
   59  that are characterized by their nonscheduled, nonfixed route
   60  nature.
   61         (12)(10) “Transportation disadvantaged funds” means any
   62  local government, state, or available federal funds that are for
   63  the transportation of the transportation disadvantaged. Such
   64  funds may include, but are not limited to, funds for planning,
   65  Medicaid transportation, administration, operation, procurement,
   66  and maintenance of vehicles or equipment and capital
   67  investments. Transportation disadvantaged funds do not include
   68  funds for the transportation of children to public schools.
   69         (4)(11) “Coordination” means the arrangement for the
   70  provision of transportation services to the transportation
   71  disadvantaged in a manner that is cost-effective, efficient, and
   72  reduces fragmentation and duplication of services.
   73         (7)(12) “Nonsponsored transportation disadvantaged
   74  services” means transportation disadvantaged services that are
   75  not sponsored or subsidized by any funding source other than the
   76  Transportation Disadvantaged Trust Fund.
   77         (5)“Immediate family member” means a spouse, child,
   78  parent, sibling, grandparent, aunt, uncle, or first cousin of a
   79  person or the person’s spouse or a person who resides in the
   80  primary residence of the person.
   81         (10)“Request for service” means a request made to a
   82  transportation service provider by a person with a disability,
   83  or by such person’s immediate family member, for paratransit
   84  service.
   85         (15)“Transportation service provider” means an
   86  organization or entity that contracts with a local government to
   87  provide paratransit service for persons with disabilities.
   88         Section 2. Section 427.012, Florida Statutes, is amended to
   89  read:
   90         427.012 The Commission for the Transportation
   91  Disadvantaged.—There is created the Commission for the
   92  Transportation Disadvantaged in the Department of
   93  Transportation.
   94         (1) The commission shall consist of 14 seven members, all
   95  of whom shall be appointed by the Governor, in accordance with
   96  the requirements of s. 20.052.
   97         (2)The commission shall be composed of the following
   98  members:
   99         (a)The director of the Agency for Persons with
  100  Disabilities.
  101         (b)The Secretary of Transportation or his or her designee
  102  from within the Department of Transportation.
  103         (c)The Secretary of Children and Families or his or her
  104  designee from within the Department of Children and Families.
  105         (d)The Secretary of Elderly Affairs.
  106         (e)The State Surgeon General or his or her designee from
  107  within the Department of Health.
  108         (f)Two county managers or administrators, one from a rural
  109  county and one from a county with a population of more than
  110  150,000 according to the last state census.
  111         (g)The chief executive officer or president of a hospital
  112  in this state.
  113         (h)The director of the Division of Blind Services.
  114         (i)Five members who have experience in transit,
  115  transportation services, innovative technology, government
  116  procurement, mobility, or service of persons with disabilities
  117  or who have disabilities and use transportation for the
  118  transportation disadvantaged.
  119         (3)Appointed members shall serve 4-year terms, except that
  120  initially, to provide for staggered terms, the Governor shall
  121  appoint three members to serve 2-year terms and two members to
  122  serve 3-year terms. All subsequent appointments shall be for 4
  123  year terms. A member may be reappointed for one additional 4
  124  year term.
  125         (4)Each member must be a resident of this state.
  126         (a)Five of the members must have significant experience in
  127  the operation of a business, and it is the intent of the
  128  Legislature that, when making an appointment, the Governor
  129  select persons who reflect the broad diversity of the business
  130  community in this state, as well as the racial, ethnic,
  131  geographical, and gender diversity of the population of this
  132  state.
  133         (b)Two of the members must have a disability and use the
  134  transportation disadvantaged system.
  135         (c)Each member shall represent the needs of the
  136  transportation disadvantaged throughout the state. A member may
  137  not subordinate the needs of the transportation disadvantaged in
  138  general in order to favor the needs of others residing in a
  139  specific location in the state.
  140         (d)Each member shall be appointed to a term of 4 years. A
  141  member may be reappointed for one additional 4-year term.
  142         (e)Each member must be a resident of the state and a
  143  registered voter.
  144         (f)At any given time, at least one member must be at least
  145  65 years of age.
  146         (g)The Secretary of Transportation, the Secretary of
  147  Children and Families, the Secretary of Economic Opportunity,
  148  the executive director of the Department of Veterans’ Affairs,
  149  the Secretary of Elderly Affairs, the Secretary of Health Care
  150  Administration, the director of the Agency for Persons with
  151  Disabilities, and a county manager or administrator who is
  152  appointed by the Governor, or a senior management level
  153  representative of each, shall serve as ex officio, nonvoting
  154  advisors to the commission.
  155         (h)A member may not, within the 5 years immediately before
  156  his or her appointment, or during his or her term on the
  157  commission, have or have had a financial relationship with, or
  158  represent or have represented as a lobbyist as defined in s.
  159  11.045, the following:
  160         1.A transportation operator;
  161         2.A community transportation coordinator;
  162         3.A metropolitan planning organization;
  163         4.A designated official planning agency;
  164         5.A purchaser agency;
  165         6.A local coordinating board;
  166         7.A broker of transportation; or
  167         8.A provider of transportation services.
  168         (5)(2) The chair of the commission chairperson shall be
  169  appointed by the Governor, and the vice chair chairperson of the
  170  commission shall be elected annually from the membership of the
  171  commission.
  172         (6)(3) Members of the commission shall serve without
  173  compensation but shall be allowed per diem and travel expenses,
  174  as provided in s. 112.061.
  175         (7)(4) The commission shall meet at least quarterly, or
  176  more frequently at the call of the chair chairperson. Eight Four
  177  members of the commission constitute a quorum, and a majority
  178  vote of the members present is necessary for any action taken by
  179  the commission.
  180         (8)(5) The Governor may remove any member of the commission
  181  for cause.
  182         (6)Each candidate for appointment to the commission must,
  183  before accepting the appointment, undergo background screening
  184  under s. 435.04 by filing with the Department of Transportation
  185  a complete set of fingerprints taken by an authorized law
  186  enforcement agency. The fingerprints must be submitted to the
  187  Department of Law Enforcement for state processing, and that
  188  department shall submit the fingerprints to the Federal Bureau
  189  of Investigation for federal processing. The Department of
  190  Transportation shall screen the background results and inform
  191  the commission of any candidate who does not meet level 2
  192  screening standards. A candidate who has not met level 2
  193  screening standards may not be appointed to the commission. The
  194  cost of the background screening may be borne by the Department
  195  of Transportation or the candidate.
  196         (9)(7) The commission shall appoint an executive director
  197  who shall serve under the direction, supervision, and control of
  198  the commission. The executive director, with the consent of the
  199  commission, shall employ such personnel as may be necessary to
  200  perform adequately the functions of the commission within
  201  budgetary limitations. Employees of the commission are exempt
  202  from the Career Service System.
  203         (10)(8) The commission shall appoint a technical working
  204  group that includes representatives of private paratransit
  205  providers. The technical working group shall advise the
  206  commission on issues of importance to the state, including
  207  information, advice, and direction regarding the coordination of
  208  services for the transportation disadvantaged. The commission
  209  may appoint other technical working groups whose members may
  210  include representatives of community transportation
  211  coordinators; metropolitan planning organizations; regional
  212  planning councils; experts in insurance, marketing, economic
  213  development, or financial planning; and persons who use
  214  transportation for the transportation disadvantaged, or their
  215  relatives, parents, guardians, or service professionals who tend
  216  to their needs.
  217         (11)(9) The commission is assigned to the office of the
  218  secretary of the Department of Transportation for administrative
  219  and fiscal accountability purposes, but it shall otherwise
  220  function independently of the control, supervision, and
  221  direction of the department.
  222         (12)(10) The commission shall develop a budget pursuant to
  223  chapter 216. The budget is not subject to change by the
  224  department staff after it has been approved by the commission,
  225  but it shall be transmitted to the Governor, as head of the
  226  department, along with the budget of the department.
  227         Section 3. Present subsections (8) through (29) of section
  228  427.013, Florida Statutes, are redesignated as subsections (10)
  229  through (31), respectively, new subsections (8) and (9) are
  230  added to that section, and subsection (5) and present
  231  subsections (13), (20), and (28) of that section are amended, to
  232  read:
  233         427.013 The Commission for the Transportation
  234  Disadvantaged; purpose and responsibilities.—The purpose of the
  235  commission is to accomplish the coordination of transportation
  236  services provided to the transportation disadvantaged. The goal
  237  of this coordination is to assure the cost-effective provision
  238  of transportation by qualified community transportation
  239  coordinators or transportation operators for the transportation
  240  disadvantaged without any bias or presumption in favor of
  241  multioperator systems or not-for-profit transportation operators
  242  over single operator systems or for-profit transportation
  243  operators. In carrying out this purpose, the commission shall:
  244         (5) Serve as a clearinghouse for information about
  245  transportation disadvantaged services, training, funding
  246  sources, innovations, and coordination efforts and provide best
  247  practices, latest technology innovations, and preferential
  248  vendors lists to county transportation disadvantaged program
  249  managers.
  250         (8)Annually review and conduct a performance audit of each
  251  coordinator contract and transportation operator contract in
  252  each county.
  253         (9)Establish a system for the filing, receipt, and
  254  resolution of complaints regarding the transportation
  255  disadvantaged system.
  256         (15)(13) Make an annual report to the Governor, the
  257  President of the Senate, and the Speaker of the House of
  258  Representatives by January 1 of each year. The report shall
  259  summarize for each county the number of complaints filed
  260  regarding the transportation disadvantaged system, contract
  261  satisfaction, a breakdown of the total cost of services, the
  262  amount of funds provided by the commission, and the results of
  263  annual performance audits.
  264         (22)(20)Ensure that drivers of motor vehicles used to
  265  provide paratransit service attend Design and develop
  266  transportation disadvantaged training programs delivered by the
  267  Agency for Persons with Disabilities.
  268         (30)(28) In consultation with the Agency for Health Care
  269  Administration and the Department of Transportation, develop an
  270  allocation methodology that equitably distributes all
  271  transportation funds under the control of the commission to
  272  compensate counties, community transportation coordinators, and
  273  other entities providing transportation disadvantaged services.
  274  The methodology shall separately account for Medicaid
  275  beneficiaries. The methodology shall consider such factors as
  276  the actual costs of each transportation disadvantaged trip based
  277  on prior-year information, efficiencies that a provider might
  278  adopt to reduce costs, results of the rate and cost comparisons
  279  conducted under subsections (26) (24) and (27) (25), as well as
  280  cost efficiencies of trips when compared to the local cost of
  281  transporting the general public. This subsection does not
  282  supersede the authority of the Agency for Health Care
  283  Administration to distribute Medicaid funds.
  284         Section 4. Subsection (4) of section 427.0159, Florida
  285  Statutes, is amended to read:
  286         427.0159 Transportation Disadvantaged Trust Fund.—
  287         (4) A purchasing agency may deposit funds into the
  288  Transportation Disadvantaged Trust Fund for the commission to
  289  implement, manage, and administer the purchasing agency’s
  290  transportation disadvantaged funds, as defined in s. 427.011 s.
  291  427.011(10).
  292         Section 5. Section 427.02, Florida Statutes, is created to
  293  read:
  294         427.02Transportation services for persons with
  295  disabilities.—
  296         (1)A transportation service provider must:
  297         (a)Provide training to each driver of a motor vehicle used
  298  to provide paratransit service to persons with disabilities
  299  which, at a minimum, meets requirements established by the
  300  Agency for Persons with Disabilities for training and
  301  professional development of staff providing direct services to
  302  clients of the agency.
  303         (b)1.Install an interior video camera monitoring system in
  304  each motor vehicle used to provide paratransit service to
  305  persons with disabilities. Each component of the interior video
  306  camera monitoring system must be mounted securely inside the
  307  motor vehicle, must be located outside the head protection zone
  308  as described in 49 C.F.R. s. 571.222, must be located in an area
  309  in which the component is not likely to cause injury, and must
  310  have no sharp edges or projections.
  311         2.Upon request, provide access to footage captured by an
  312  interior video camera monitoring system to the local government,
  313  the Department of Transportation, the Agency for Persons with
  314  Disabilities, or a parent, legal guardian, caretaker, or
  315  immediate family member of a person who receives paratransit
  316  service from the transportation service provider.
  317         (c)Offer Internet-based, application-based, and
  318  smartphone-based ride booking and vehicle tracking services.
  319  Each of these services must be provided in accessible formats.
  320         (d)Regularly maintain and upgrade all technology-based
  321  services.
  322         (e)Offer both pre-booking and on-demand service to
  323  paratransit service users.
  324         (2)A transportation service provider, in collaboration
  325  with the local government with which the provider contracts,
  326  shall establish:
  327         (a)Reasonable time periods between a request for service
  328  and the arrival of the transportation service provider at the
  329  location specified in the request, taking into account the
  330  number of persons requesting paratransit service on the same
  331  date, the distance between locations, usual or expected traffic
  332  conditions during the provision of paratransit service, and any
  333  other factor deemed necessary by the provider or the local
  334  government. If a transportation service provider exhibits a
  335  pattern of late arrivals based on such established reasonable
  336  time periods, the local government may authorize another
  337  provider to provide such paratransit service, including the
  338  acceptance of any prepaid vouchers for future paratransit
  339  service, notwithstanding the terms of the contract with the
  340  original provider.
  341         (b)Best practices for limiting the duration of travel
  342  times for persons receiving paratransit service. To avoid
  343  unreasonably long travel times, the provider and the local
  344  government shall consider the level of service offered to
  345  persons without disabilities by a public entity operating a
  346  fixed route as compared to the level of paratransit service
  347  offered by the transportation service provider in accordance
  348  with 49 C.F.R. s. 37.121.
  349         (c)Transparency regarding the quality of paratransit
  350  service provided by the transportation service provider,
  351  including, but not limited to, data relating to the timeliness
  352  of paratransit service provided and the handling of complaints.
  353         (d)An efficient system for the reporting of adverse
  354  incidents occurring during the provision of paratransit service
  355  to persons with disabilities. Such system may include the
  356  assignment of a quick-response code to each motor vehicle used
  357  to provide such service for the purpose of reporting adverse
  358  incidents with a smartphone or other mobile device. Reports of
  359  adverse incidents received by the local government or the
  360  transportation service provider shall be submitted to the Agency
  361  for Persons with Disabilities and the Department of
  362  Transportation.
  363         (3)The Agency for Persons with Disabilities, in
  364  collaboration with the Department of Transportation, shall
  365  establish requirements for the investigation of adverse
  366  incidents reported pursuant to paragraph (2)(d), including
  367  periodic review of ongoing investigations and documentation of
  368  final outcomes thereof. The investigation of a reported adverse
  369  incident must commence within 48 hours after receipt of the
  370  report by the agency and the department.
  371         (4)The provisions of s. 287.057 which exempt the purchase
  372  of contractual services from competitive bidding requirements do
  373  not apply to contracts entered into by local governments and
  374  transportation service providers for the provision of
  375  paratransit service to persons with disabilities under this
  376  section.
  377         Section 6. This act shall take effect July 1, 2024.
  378  
  379  ================= T I T L E  A M E N D M E N T ================
  380  And the title is amended as follows:
  381         Delete everything before the enacting clause
  382  and insert:
  383                        A bill to be entitled                      
  384         An act relating to transportation services for persons
  385         with disabilities and the transportation
  386         disadvantaged; reordering and amending s. 427.011,
  387         F.S.; revising definitions; defining terms; amending
  388         s. 427.012, F.S.; revising membership of the
  389         Commission for the Transportation Disadvantaged and
  390         qualifications therefor; providing for staggered
  391         terms; requiring each member to be a resident of this
  392         state; amending s. 427.013, F.S.; revising the duties
  393         of the commission; amending s. 427.0159, F.S.;
  394         conforming a cross-reference; creating s. 427.02,
  395         F.S.; providing responsibilities of a transportation
  396         service provider with respect to driver training,
  397         installation of video camera monitoring systems, and
  398         technology-based services; requiring a transportation
  399         service provider and the local government with which
  400         the provider contracts to establish standards relating
  401         to reasonable time periods between a request for
  402         service and the arrival of the provider, limitation of
  403         the duration of travel times, transparency regarding
  404         the quality of service provided, and a system for the
  405         reporting of adverse incidents; requiring that reports
  406         of adverse incidents be submitted to the Agency for
  407         Persons with Disabilities and the Department of
  408         Transportation; requiring the agency and the
  409         department to establish requirements for the
  410         investigation of adverse incidents; requiring such an
  411         investigation to commence within a certain timeframe;
  412         providing nonapplicability of provisions exempting the
  413         purchase of contractual services from competitive
  414         bidding requirements; providing an effective date.