HB 1475CS

CHAMBER ACTION



1The Transportation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the Commission for the Transportation
7Disadvantaged; amending s. 427.012, F.S.; revising the
8membership of the commission within the Department of
9Transportation; requiring Senate confirmation of appointed
10members; providing representation responsibilities of the
11members; establishing term limits; providing
12qualifications for membership; prohibiting members from
13having certain relationships with a community
14transportation coordinator, a contractor or subcontractor
15of a community transportation coordinator, or a direct or
16indirect subcontractor to a contractor employed by a
17community transportation coordinator; prohibiting members
18from having any interest in any contract, franchise,
19privilege, or other benefit granted or awarded by the
20commission, the Agency for Health Care Administration, or
21the Department of Children and Family Services for a
22certain time period; removing provision for a quorum of
23the commission; requiring appointees to have met certain
24background screening standards; requiring fingerprints of
25appointees to be processed by the Florida Department of
26Law Enforcement and the Federal Bureau of Investigation;
27requiring costs of screening be borne by the department or
28the candidate for appointment; providing for the
29commission to appoint technical advisory committees;
30providing for membership and purpose of the committees;
31authorizing the commission to establish the size,
32composition, and focus of each technical advisory
33committee; providing for per diem and travel expenses of
34advisory committee members; providing for review and
35approval by the Legislative Budget Commission of the
36commission's Medicaid allocation formula and allocation
37amounts; amending s. 427.013, F.S.; directing the
38commission to develop a methodology or formula that
39equitably distributes funds to compensate counties,
40community transportation coordinators, or other entities
41providing transportation disadvantaged services; requiring
42the formula to take into account certain factors;
43providing an effective date.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  Section 427.012, Florida Statutes, is amended
48to read:
49     427.012  The Commission for the Transportation
50Disadvantaged.--There is created the Commission for the
51Transportation Disadvantaged in the Department of
52Transportation.
53     (1)  The commission shall consist of the following members:
54     (a)  The secretary of the Department of Transportation or
55the secretary's designee.
56     (b)  The secretary of the Department of Children and Family
57Services or the secretary's designee.
58     (c)  The Commissioner of Education or the commissioner's
59designee.
60     (d)  The director of the Agency for Workforce Innovation or
61the director's designee secretary of the Department of Labor and
62Employment Security or the secretary's designee.
63     (e)  The executive director of the Department of Veterans'
64Affairs or the executive director's designee.
65     (e)(f)  The secretary of the Department of Elderly Affairs
66or the secretary's designee.
67     (f)(g)  The director of the Agency for Health Care
68Administration or the director's designee.
69     (h)  A representative of the Florida Association for
70Community Action, who shall serve at the pleasure of that
71association.
72     (i)  A representative of the Florida Transit Association,
73who shall serve at the pleasure of that association.
74     (g)(j)  A person over the age of 60 who uses paratransit
75services. This is a member of a recognized statewide
76organization representing elderly Floridians. Such person shall
77be appointed by the Governor to represent elderly Floridians and
78shall be appointed to serve a term of 4 years.
79     (h)(k)  A handicapped person with a disability who uses
80paratransit services. This is a member of a recognized statewide
81organization representing handicapped Floridians. Such person
82shall be appointed by the Governor to represent disabled
83handicapped Floridians and shall be appointed to serve a term of
844 years.
85     (i)  Seven members appointed for terms of 4 years each who
86shall be from each of the seven districts of the Department of
87Transportation. The Governor shall appoint two of the seven
88members, and the President of the Senate and the Speaker of the
89House of Representatives shall each appoint one member, all of
90whom shall be from urban districts of the Department of
91Transportation. The Commissioner of Agriculture shall appoint
92the remaining three members, who shall be from rural districts
93of the Department of Transportation. Each member shall be
94subject to Senate confirmation.
95     (l)  Two citizen advocate representatives who shall be
96appointed by the Governor for a term of 4 years, one
97representing rural citizens and one representing urban citizens.
98     (m)  A representative of the community transportation
99coordinators. Such person shall be appointed by the Governor to
100represent all community transportation coordinators and shall be
101appointed to serve a term of 4 years.
102     (n)  One member of the Early Childhood Council. Such person
103shall be appointed by the Governor to represent maternal and
104child health care providers and shall be appointed to serve a
105term of 4 years.
106     (o)  Two representatives of current private for-profit or
107private not-for-profit transportation operators each of which
108have a minimum of 5 years of continuous experience operating a
109broad-based system of ambulatory and wheelchair/stretcher type
110transportation, utilizing not less than 50 vehicles and
111including dispatch and scheduling responsibilities. Such persons
112shall be appointed by the Commissioner of Agriculture to serve a
113term of 4 years.
114     (p)  Four representatives of current private for-profit or
115private not-for-profit transportation operators, each of which
116having a minimum of 5 years of continuous experience operating a
117broad-based system of ambulatory and wheelchair or stretcher-
118type transportation, utilizing not less than 50 vehicles, and
119including dispatch and scheduling responsibilities. Such persons
120shall be appointed by the Commissioner of Agriculture to serve a
121term of 4 years.
122     (q)  Six citizens representing the nontransportation
123business community of the state, three members appointed by the
124President of the Senate and three members appointed by the
125Speaker of the House of Representatives.
126
127Each member of the commission shall represent the needs of the
128transportation disadvantaged throughout the state. A member
129shall not subordinate the needs of the transportation
130disadvantaged in general to favor the needs of others residing
131in a specific location in the state.
132     (2)  Members appointed to the commission may not serve more
133than two full terms. A member must be a citizen of the state and
134a registered voter. A member, other than a local elected
135official, may not be an employee or agent of a community
136transportation coordinator, a contractor or subcontractor of a
137community transportation coordinator, or a direct or indirect
138subcontractor to a contractor employed by a community
139transportation coordinator.
140     (3)  A member, other than a local elected official, may not
141have any interest, direct or indirect, in any contract,
142franchise, privilege, or other benefit granted or awarded by the
143commission, the Agency for Health Care Administration, or the
144Department of Children and Family Services during the term of
145his or her appointment and for 2 years after the termination of
146the appointment.
147     (4)(2)  The chairperson and vice chairperson of the
148commission shall be elected annually from the membership of the
149commission.
150     (5)(3)  Members of the commission shall serve without
151compensation but shall be allowed per diem and travel expenses,
152as provided in s. 112.061.
153     (6)(4)  The commission shall meet at least quarterly, or
154more frequently at the call of the chairperson. Nine members of
155the commission constitute a quorum, and A majority vote of the
156members present is necessary for any action taken by the
157commission.
158     (7)  Each candidate for appointment to the commission
159shall, before accepting the appointment, undergo background
160screening pursuant to s. 435.04 by filing with the Department of
161Transportation a complete set of fingerprints taken by an
162authorized law enforcement agency. These fingerprints shall be
163submitted to the Department of Law Enforcement for state
164processing, and that department shall in turn submit the
165fingerprints to the Federal Bureau of Investigation for federal
166processing. The Department of Transportation shall screen the
167background results and report to the commission any candidate
168who fails to meet level 2 screening standards pursuant to s.
169435.04. A candidate found through fingerprint processing to have
170failed to meet level 2 screening standards pursuant to s. 435.04
171shall not be appointed as a member of the commission. The cost
172of the background screening may be borne by the Department of
173Transportation or the candidate for appointment to the
174commission.
175     (8)(5)  The Governor may remove any member of the
176commission for cause.
177     (9)(6)  The commission shall appoint an executive director
178who shall serve under the direction, supervision, and control of
179the commission. The executive director, with the consent of the
180commission, shall employ such personnel as may be necessary to
181perform adequately the functions of the commission within
182budgetary limitations. All employees of the commission are
183exempt from the Career Service System.
184     (10)  The commission may appoint three technical advisory
185committees to advise the commission on issues of importance to
186the state and to regions of the state.
187     (a)  One technical advisory committee shall provide
188information, advice, and direction to the commission on the
189coordination of services for the transportation disadvantaged.
190Its membership may include, but not be limited to,
191representatives of community transportation coordinators and
192private paratransit providers.
193     (b)  One technical advisory committee shall provide
194information, advice, and direction to the commission on the
195transportation planning issues affecting the transportation
196disadvantaged program. Its membership may include, but not be
197limited to, representatives of metropolitan planning
198organizations and regional planning councils.
199     (c)  One technical advisory committee shall provide
200information, advice, and direction to the commission on
201business-related issues affecting the transportation
202disadvantaged program. Its membership may include, but not be
203limited to, persons with expertise in insurance, marketing,
204economic development, or financial planning.
205     (d)  The commission may establish the size, composition,
206and focus of each technical advisory committee created. A member
207appointed to a technical advisory committee shall serve without
208compensation but shall be entitled to per diem or travel
209expenses, as provided in s. 112.061.
210     (11)(7)  The commission is assigned to the office of the
211secretary of the Department of Transportation for administrative
212and fiscal accountability purposes, but it shall otherwise
213function independently of the control, supervision, and
214direction of the department.
215     (12)(a)(8)  The commission shall develop a budget under
216pursuant to chapter 216. The budget is not subject to change by
217the department staff after it has been approved by the
218commission, but it shall be transmitted to the Governor, as head
219of the department, along with the budget of the department.
220     (b)  Thirty days prior to the submittal of its legislative
221budget request, the commission shall present to the Legislative
222Budget Commission for approval the formula for allocation of the
223Medicaid nonemergency transportation funds it anticipates
224receiving from the Agency for Health Care Administration for the
225upcoming fiscal year and document the amount of the funding
226expected to be allocated to the counties. No changes to the
227formula or allocated amounts shall be implemented by the
228commission until approved by the Legislative Budget Commission.
229     Section 2.  Subsection (12) of section 427.013, Florida
230Statutes, is amended to read:
231     427.013  The Commission for the Transportation
232Disadvantaged; purpose and responsibilities.--The purpose of the
233commission is to accomplish the coordination of transportation
234services provided to the transportation disadvantaged. The goal
235of this coordination shall be to assure the cost-effective
236provision of transportation by qualified community
237transportation coordinators or transportation operators for the
238transportation disadvantaged without any bias or presumption in
239favor of multioperator systems or not-for-profit transportation
240operators over single operator systems or for-profit
241transportation operators. In carrying out this purpose, the
242commission shall:
243     (12)(a)  Have the authority to apply for and accept funds,
244grants, gifts, and services from the Federal Government, state
245government, local governments, or private funding sources.
246Applications by the commission for local government funds shall
247be coordinated through the appropriate coordinating board. Funds
248acquired or accepted under this subsection shall be administered
249by the commission and shall be used to carry out the
250commission's responsibilities.
251     (b)  Develop a methodology or formula that equitably
252distributes the funds under the commission's control to
253compensate counties, community transportation coordinators, or
254other entities providing transportation disadvantaged services.
255Such a formula shall take into account not only actual costs per
256trip but also program efficiencies and alternative pricing
257strategies that allow more clients to be served under the
258programs without penalizing counties, coordinators, or other
259providers that incorporate public school buses and public fixed-
260route transit into their transportation disadvantaged services,
261pursuant to s. 427.0158.
262     Section 3.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.