CS for CS for SB 1380                           Second Engrossed
       
       
       
       
       
       
       
       
       20241380e2
       
    1                        A bill to be entitled                      
    2         An act relating to transportation services for persons
    3         with disabilities and the transportation
    4         disadvantaged; amending s. 341.041, F.S.; revising
    5         duties of the Department of Transportation, within
    6         specified resources, with respect to required
    7         provisions of grants and agreements with entities
    8         providing paratransit services; amending s. 427.012,
    9         F.S.; revising membership of the Commission for the
   10         Transportation Disadvantaged and qualifications
   11         therefor; providing length of terms for specified
   12         commission members; revising voting and quorum
   13         requirements; deleting a requirement for the
   14         commission to appoint a specified working group;
   15         creating s. 427.02, F.S.; defining the term
   16         “transportation service provider”; providing
   17         requirements for paratransit service contracts entered
   18         into on or after October 1, 2024; requiring that such
   19         contracts be competitively procured; prohibiting the
   20         awarding of contracts using specified provisions;
   21         creating s. 427.021, F.S.; defining the term
   22         “transportation service provider”; requiring the
   23         commission to establish model procedures for
   24         transportation service providers to receive and
   25         investigate reports related to adverse incidents;
   26         providing requirements for such procedures; requiring
   27         investigation of a reported adverse incident to
   28         commence within a certain timeframe; requiring reports
   29         of adverse incidents to be submitted to the
   30         commission; amending s. 334.065, F.S.; requiring the
   31         Center for Urban Transportation Research to deliver a
   32         certain report to the department by a specified date;
   33         amending s. 334.066, F.S.; requiring the Implementing
   34         Solutions from Transportation Research and Evaluating
   35         Emerging Technologies Living Lab to deliver a certain
   36         report to the Governor, Legislature, and department by
   37         a specified date; requiring the department to provide
   38         the Governor and the Legislature with a report on the
   39         transportation disadvantaged services and the
   40         Commission for the Transportation Disadvantaged which
   41         includes specified information; providing
   42         applicability; providing an effective date.
   43          
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Subsection (16) is added to section 341.041,
   47  Florida Statutes, to read:
   48         341.041 Transit responsibilities of the department.—The
   49  department shall, within the resources provided pursuant to
   50  chapter 216:
   51         (16)Unless otherwise provided by state or federal law,
   52  ensure that all grants and agreements between the department and
   53  entities providing paratransit services include, at a minimum,
   54  the following provisions:
   55         (a)Performance requirements for the delivery of services,
   56  including clear penalties for repeated or continuing violations;
   57         (b)Minimum liability insurance requirements for all
   58  transportation services purchased, provided, or coordinated for
   59  the transportation disadvantaged, as defined in s. 427.011(1),
   60  through the contracted vendor or subcontractor thereof;
   61         (c)Complaint and grievance processes for paratransit
   62  users, including a requirement that all reported complaints,
   63  grievances, and resolutions be reported to the department on a
   64  quarterly basis; and
   65         (d)A requirement that the provisions of paragraphs (a),
   66  (b), and (c) must be included in any agreement between an entity
   67  receiving a grant or an agreement from the department and such
   68  entity’s contractors or subcontractors that provide paratransit
   69  services.
   70         Section 2. Section 427.012, Florida Statutes, is amended to
   71  read:
   72         427.012 The Commission for the Transportation
   73  Disadvantaged.—There is created the Commission for the
   74  Transportation Disadvantaged in the Department of
   75  Transportation.
   76         (1) The commission shall be composed consist of 11 seven
   77  members, all of whom shall be appointed by the Governor, in
   78  accordance with the requirements of s. 20.052, as follows:
   79         (a)The Secretary of Transportation or his or her designee.
   80         (b)The director of the Agency for Persons with
   81  Disabilities or his or her designee.
   82         (c)The Secretary of Elderly Affairs or his or her
   83  designee.
   84         (d)The director of the Division of Blind Services.
   85         (e)Two county managers or administrators, one from a rural
   86  county and one from a county with a population of more than
   87  150,000, according to the last state census.
   88         (f)Five members who have experience in transportation,
   89  workforce development, transit services, management, insurance,
   90  or service of persons with disabilities or who have a disability
   91  and use transportation for the transportation disadvantaged.
   92         (2)A member appointed under paragraph (1)(e) or paragraph
   93  (1)(f) shall serve a 4-year term and may be reappointed for one
   94  additional 4-year term. A member appointed under paragraph
   95  (1)(e) or paragraph (1)(f) whose term has expired shall continue
   96  to serve on the commission until such time as a replacement is
   97  appointed.
   98         (3)Each member must be a resident of this state.
   99         (a)Five of the members must have significant experience in
  100  the operation of a business, and it is the intent of the
  101  Legislature that, when making an appointment, the Governor
  102  select persons who reflect the broad diversity of the business
  103  community in this state, as well as the racial, ethnic,
  104  geographical, and gender diversity of the population of this
  105  state.
  106         (b)Two of the members must have a disability and use the
  107  transportation disadvantaged system.
  108         (c)Each member shall represent the needs of the
  109  transportation disadvantaged throughout the state. A member may
  110  not subordinate the needs of the transportation disadvantaged in
  111  general in order to favor the needs of others residing in a
  112  specific location in the state.
  113         (d)Each member shall be appointed to a term of 4 years. A
  114  member may be reappointed for one additional 4-year term.
  115         (e)Each member must be a resident of the state and a
  116  registered voter.
  117         (f)At any given time, at least one member must be at least
  118  65 years of age.
  119         (g)The Secretary of Transportation, the Secretary of
  120  Children and Families, the Secretary of Economic Opportunity,
  121  the executive director of the Department of Veterans’ Affairs,
  122  the Secretary of Elderly Affairs, the Secretary of Health Care
  123  Administration, the director of the Agency for Persons with
  124  Disabilities, and a county manager or administrator who is
  125  appointed by the Governor, or a senior management level
  126  representative of each, shall serve as ex officio, nonvoting
  127  advisors to the commission.
  128         (h)A member may not, within the 5 years immediately before
  129  his or her appointment, or during his or her term on the
  130  commission, have or have had a financial relationship with, or
  131  represent or have represented as a lobbyist as defined in s.
  132  11.045, the following:
  133         1.A transportation operator;
  134         2.A community transportation coordinator;
  135         3.A metropolitan planning organization;
  136         4.A designated official planning agency;
  137         5.A purchaser agency;
  138         6.A local coordinating board;
  139         7.A broker of transportation; or
  140         8.A provider of transportation services.
  141         (4)(2) The chair of the commission chairperson shall be
  142  appointed by the Governor, and the vice chair chairperson of the
  143  commission shall be elected annually from the membership of the
  144  commission.
  145         (5)(3) Members of the commission shall serve without
  146  compensation but shall be allowed per diem and travel expenses,
  147  as provided in s. 112.061.
  148         (6)(4) The commission shall meet at least quarterly, or
  149  upon more frequently at the call of the chair chairperson. Six
  150  Four members of the commission constitute a quorum, and a
  151  majority vote of the members present is necessary for any action
  152  taken by the commission. A commission member’s participation in
  153  a meeting via telephone, real-time videoconferencing, or similar
  154  real-time telephonic, electronic, or video communication counts
  155  toward a quorum, and such member may vote as if physically
  156  present.
  157         (7)(5) The Governor may remove any member of the commission
  158  for cause.
  159         (6)Each candidate for appointment to the commission must,
  160  before accepting the appointment, undergo background screening
  161  under s. 435.04 by filing with the Department of Transportation
  162  a complete set of fingerprints taken by an authorized law
  163  enforcement agency. The fingerprints must be submitted to the
  164  Department of Law Enforcement for state processing, and that
  165  department shall submit the fingerprints to the Federal Bureau
  166  of Investigation for federal processing. The Department of
  167  Transportation shall screen the background results and inform
  168  the commission of any candidate who does not meet level 2
  169  screening standards. A candidate who has not met level 2
  170  screening standards may not be appointed to the commission. The
  171  cost of the background screening may be borne by the Department
  172  of Transportation or the candidate.
  173         (8)(7) The commission shall appoint an executive director
  174  who shall serve under the direction, supervision, and control of
  175  the commission. The executive director, with the consent of the
  176  commission, shall employ such personnel as may be necessary to
  177  perform adequately the functions of the commission within
  178  budgetary limitations. Employees of the commission are exempt
  179  from the Career Service System.
  180         (8)The commission shall appoint a technical working group
  181  that includes representatives of private paratransit providers.
  182  The technical working group shall advise the commission on
  183  issues of importance to the state, including information,
  184  advice, and direction regarding the coordination of services for
  185  the transportation disadvantaged. The commission may appoint
  186  other technical working groups whose members may include
  187  representatives of community transportation coordinators;
  188  metropolitan planning organizations; regional planning councils;
  189  experts in insurance, marketing, economic development, or
  190  financial planning; and persons who use transportation for the
  191  transportation disadvantaged, or their relatives, parents,
  192  guardians, or service professionals who tend to their needs.
  193         (9) The commission is assigned to the office of the
  194  secretary of the Department of Transportation for administrative
  195  and fiscal accountability purposes, but it shall otherwise
  196  function independently of the control, supervision, and
  197  direction of the department.
  198         (10) The commission shall develop a budget pursuant to
  199  chapter 216. The budget is not subject to change by the
  200  department staff after it has been approved by the commission,
  201  but it shall be transmitted to the Governor, as head of the
  202  department, along with the budget of the department.
  203         Section 3. Section 427.02, Florida Statutes, is created to
  204  read:
  205         427.02Paratransit service contracts for transportation
  206  service providers.—
  207         (1) For purposes of this section, the term “transportation
  208  service provider” means an organization or entity that contracts
  209  with a local government to provide paratransit service to
  210  persons with disabilities.
  211         (2)For contracts entered into or renewed on or after
  212  October 1, 2024, a transportation service provider must agree
  213  to:
  214         (a) Provide training to each driver of a motor vehicle used
  215  to provide paratransit service to persons with disabilities
  216  which, at a minimum, meets requirements established by the
  217  Agency for Persons with Disabilities for training and
  218  professional development of staff providing direct services to
  219  clients of the agency.
  220         (b) Establish reasonable time periods between a request for
  221  service and the arrival of the transportation service provider
  222  at the location specified in the request, taking into account
  223  the number of persons requesting paratransit service on the same
  224  date, the distance between locations, usual or expected traffic
  225  conditions during the provision of paratransit service, and any
  226  other factor deemed necessary by the provider or the local
  227  government. If a transportation service provider exhibits a
  228  pattern of late arrivals based on such established reasonable
  229  time periods, the contract must allow the local government to
  230  authorize another provider to provide such paratransit service,
  231  including the acceptance of any prepaid vouchers for future
  232  paratransit service.
  233         (c)Provide for transparency regarding the quality of
  234  paratransit service provided by the transportation service
  235  provider, including, but not limited to, data relating to the
  236  timeliness of paratransit service provided and the handling of
  237  complaints.
  238         (3)Contracts entered into or renewed on or after October
  239  1, 2024, with transportation service providers for the provision
  240  of paratransit service to persons with disabilities must be
  241  competitively procured pursuant to s. 287.057. The procurement
  242  must use competitive sealed bids, competitive sealed proposals,
  243  or competitive sealed replies. The contract may not be awarded
  244  using an exceptional purchase provision provided for in s.
  245  287.057(3).
  246         Section 4. Section 427.021, Florida Statutes, is created to
  247  read:
  248         427.021Adverse incidents of transportation service
  249  providers.—
  250         (1) For purposes of this section, the term “transportation
  251  service provider” means an organization or entity that contracts
  252  with a local government to provide paratransit service to
  253  persons with disabilities. This term does not include the
  254  department.
  255         (2) The Commission for the Transportation Disadvantaged
  256  shall establish model procedures for transportation service
  257  providers to receive and investigate reports related to adverse
  258  incidents during the provision of services to persons with
  259  disabilities. The procedures must include a periodic review of
  260  ongoing investigations and documentation of final outcomes
  261  thereof. At a minimum, the investigation of a reported adverse
  262  incident must commence within 48 hours after receipt of the
  263  report.
  264         (3) Reports of adverse incidents received by the local
  265  government or the transportation service provider shall be
  266  submitted on a quarterly basis to the Commission for the
  267  Transportation Disadvantaged.
  268         Section 5. Subsection (4) of section 334.065, Florida
  269  Statutes, is renumbered as subsection (5), and a new subsection
  270  (4) is added to that section to read:
  271         334.065 Center for Urban Transportation Research.—
  272         (4) By January 1, 2025, the center must deliver a report to
  273  the department on model policies and procedures or best
  274  practices for paratransit providers to complete trips within an
  275  acceptable time after pickup.
  276         Section 6. Subsection (4) is added to section 334.066,
  277  Florida Statutes, to read:
  278         334.066 Implementing Solutions from Transportation Research
  279  and Evaluating Emerging Technologies Living Lab.—
  280         (4) By January 1, 2025, I-STREET must deliver a
  281  comprehensive report on technology and training improvements to
  282  better support persons with disabilities using paratransit
  283  services, including services administered by the federal, state,
  284  or local government, to the Governor, the President of the
  285  Senate, the Speaker of the House of Representatives, and the
  286  department. The report must, at a minimum, include
  287  recommendations on technology improvements for paratransit
  288  providers serving persons with disabilities, including through
  289  local, state, and federal funding sources. At a minimum, the
  290  report shall include a review of and recommendations on:
  291         (a) Technology systems to ensure the safety of individuals,
  292  including the use of in-cabin camera systems and other
  293  technologies to monitor the safety and well-being of individuals
  294  using fixed routes.
  295         (b) Best practices for data retention, including protection
  296  of personally identifiable information, length of retention, and
  297  location of retained files.
  298         (c) State-of-the-industry on hardware and software,
  299  including camera providers, product specifications, and human
  300  machine interfaces.
  301         (d) Safety standards of professional engineering
  302  organizations on camera-mounting best practices.
  303         (e) Costs of installation and maintenance of camera systems
  304  to paratransit providers.
  305         (f) The use of Internet, mobile, and application-based
  306  interfaces to book, monitor, and seek transportation services.
  307  The review must also consider accessibility needs.
  308         (g) The use of Internet, mobile, and application-based
  309  interfaces to track the location, in real time, of an individual
  310  using paratransit services.
  311         Section 7. (1)By January 1, 2025, the Department of
  312  Transportation shall provide to the Governor, the President of
  313  the Senate, and the Speaker of the House of Representatives a
  314  comprehensive report on the transportation disadvantaged
  315  services offered in this state and the Commission for the
  316  Transportation Disadvantaged. The report must include, at a
  317  minimum, all of the following:
  318         (a)A review of services rendered by community
  319  transportation coordinators or transportation operators
  320  coordinated by the commission, specifically outlining:
  321         1.Timeliness of services;
  322         2.Quality of services;
  323         3.Training programs for the drivers and customer service
  324  representatives;
  325         4.Timeliness of the resolution of complaints; and
  326         5.Adherence to performance measures by service providers.
  327         (b)A review of transportation delivery models administered
  328  by contract by the commission and a review of potential
  329  alternative methods. Such review must consider the feasibility
  330  and costs related to offering both pre-booking and on-demand
  331  service to paratransit service users.
  332         (c)The role of paratransit services as used by providers
  333  of services for the transportation disadvantaged and the
  334  differences between paratransit services and the services
  335  provided by the commission. In its review, the department shall
  336  also consider the manner in which the use of paratransit
  337  services can be leveraged to improve services coordinated by the
  338  commission.
  339         (d)The role of health care transportation services as used
  340  by the users of services for the transportation disadvantaged,
  341  and the manner in which coordination of services can be
  342  leveraged to improve services administered by the commission.
  343         (e)Breakdowns of funding provided by the commission on a
  344  contractual level. The report must also include a breakdown of
  345  the manner in which the funds are used, by delivery model,
  346  including both fixed-route, on-demand, and hybrid models, and
  347  through any innovation grant outlined in the General
  348  Appropriations Act, and historical funding models and outcomes.
  349         (f)A review of the eligibility criteria by each
  350  coordinating entity, including any relevant demographic
  351  information.
  352         (g)A review of the challenges and potential opportunities
  353  to better support rural counties in administering such programs.
  354         (h)Recommendations on efficiencies and challenges that may
  355  result from adopting an alternative format of delivering
  356  commission services to improve services for individuals seeking
  357  to thrive in community-based settings, including in a workplace
  358  setting, who currently receive services provided by the
  359  commission.
  360         (i)Best practices for limiting the duration of travel
  361  times for persons receiving paratransit service. Consideration
  362  must be made for the level of service offered to persons without
  363  disabilities by a public entity operating a fixed route as
  364  compared to the level of paratransit service offered by the
  365  transportation service provider in accordance with 49 C.F.R. s.
  366  37.121.
  367         (j) A review of emerging and other technology opportunities
  368  for the provision of services and to ensure the safety and well
  369  being of individuals using fixed routes, including the use of
  370  in-cabin technology. The review must consider passenger safety,
  371  equipment installation and maintenance costs, accessibility
  372  standards, and data retention and privacy for individuals
  373  served.
  374         (k)Any additional recommendations relating to areas of
  375  review required by paragraphs (a)–(i).
  376         (2)The definitions in s. 427.011, Florida Statutes, apply
  377  to subsection (1), unless the context clearly indicates
  378  otherwise.
  379         Section 8. This act shall take effect upon becoming a law.