HB 1175

1
A bill to be entitled
2An act relating to transportation disadvantaged services;
3amending s. 427.011, F.S.; revising definitions; defining
4the term "purchasing agency"; amending s. 427.012, F.S.;
5revising provision for a quorum of the Commission for the
6Transportation Disadvantaged; amending s. 427.013, F.S.;
7revising duties of the commission relating to coordination
8of transportation services, trip purchases, use of
9alternative providers, and a report on expenditures;
10revising provisions for a quality assurance and management
11review program; deleting a rulemaking requirement to
12include acceptable ranges of trip costs; authorizing the
13commission to incur expenses for marketing and the
14purchase of advertisements and promotional items; amending
15s. 427.0135, F.S.; providing duties and responsibilities
16for purchasing agencies; removing a provision for the
17purchase of transportation services for Medicaid clients;
18requiring state agencies to identify in their legislative
19budget requests the amount of any money to be allocated
20for the provision of transportation disadvantaged
21services; amending s. 427.015, F.S.; revising functions of
22the metropolitan planning organization or designated
23official planning agency in coordinating transportation
24services; providing that a purchasing agency may not serve
25as the community transportation coordinator in any
26designated service area; revising requirements for a
27report on funds expended; amending s. 427.0155, F.S.;
28revising duties of community transportation coordinators;
29requiring the service plan to include the results of the
30commission-approved rate methodology process; requiring
31the coordinators to establish eligibility guidelines with
32regard to the recipients of nonsponsored transportation
33disadvantaged services that are purchased with
34Transportation Disadvantaged Trust Fund moneys; amending
35s. 427.0157, F.S.; revising duties of coordinating boards;
36requiring the boards to assist coordinators in
37establishing the eligibility guidelines; amending s.
38427.0158, F.S.; revising duties of school boards and local
39public transit fixed route or fixed schedule systems
40regarding use of vehicles and services; removing
41requirements to furnish specified information; requiring
42furnishing of information requested by the community
43transportation coordinator; amending s. 427.0159, F.S.;
44revising provisions for use of funds in the Transportation
45Disadvantaged Trust Fund; specifying certain funds to be
46used by the commission to subsidize certain transportation
47costs not sponsored by an agency; authorizing purchasing
48agencies to deposit funds into the trust fund; authorizing
49the commission to implement, manage, and administer the
50purchasing agency's transportation disadvantaged funds;
51amending s. 427.016, F.S.; removing a limitation on the
52application of specified provisions to the Medicaid
53agency; requiring each agency to identify in its
54legislative budget request the amount of any money to be
55allocated for the provision of transportation
56disadvantaged services; amending s. 427.017, F.S.,
57relating to conflicts with federal laws or regulations;
58providing an effective date.
59
60Be It Enacted by the Legislature of the State of Florida:
61
62     Section 1.  Section 427.011, Florida Statutes, is amended
63to read:
64     427.011  Definitions.--For the purposes of this part ss.
65427.011-427.017:
66     (1)(3)  "Agency" means an official, officer, commission,
67authority, council, committee, department, division, bureau,
68board, section, or any other unit or entity of the state or of a
69city, town, municipality, county, or other local governing body
70or a private nonprofit transportation service-providing agency.
71     (2)(5)  "Community transportation coordinator" means a
72transportation entity recommended by a metropolitan planning
73organization, or by the appropriate designated official planning
74agency as provided for in this part ss. 427.011-427.017 in an
75area outside the purview of a metropolitan planning
76organization, to ensure that coordinated transportation services
77are provided to the transportation disadvantaged population in a
78designated service area.
79     (3)(7)  "Coordinating board" means an advisory entity in
80each designated service area composed of representatives
81appointed by the metropolitan planning organization or
82designated official planning agency, to provide assistance to
83the community transportation coordinator relative to the
84coordination of transportation services.
85     (4)(11)  "Coordination" means the arrangement for the
86provision of transportation services to the transportation
87disadvantaged in a manner that is cost-effective, efficient, and
88reduces fragmentation and duplication of services.
89     (5)(2)  "Metropolitan planning organization" means the
90organization responsible for carrying out transportation
91planning and programming in accordance with the provisions of 23
92U.S.C. s. 134, as provided in 23 U.S.C. s. 104(f)(3).
93     (6)(13)  "Nonsponsored transportation disadvantaged
94services" means transportation disadvantaged services that are
95not sponsored or subsidized by any funding source other than the
96Transportation Disadvantaged Trust Fund.
97     (7)(9)  "Paratransit" means those elements of public
98transit which provide service between specific origins and
99destinations selected by the individual user with such service
100being provided at a time that is agreed upon by the user and
101provider of the service. Paratransit service is provided by
102taxis, limousines, "dial-a-ride," buses, and other demand-
103responsive operations that are characterized by their
104nonscheduled, nonfixed route nature.
105     (8)  "Purchasing agency Member department" means an agency
106that purchases transportation services for the transportation
107disadvantaged or an agency a department whose head is an ex
108officio, nonvoting advisor to a member of the commission.
109     (9)(1)  "Transportation disadvantaged" means those persons
110who because of physical or mental disability, income status, or
111age are unable to transport themselves or to purchase
112transportation and are, therefore, dependent upon others to
113obtain access to health care, employment, education, shopping,
114social activities, or other life-sustaining activities, or
115children who are handicapped or high-risk or at-risk as defined
116in s. 411.202.
117     (10)  "Transportation disadvantaged funds" means any local
118government, state, or available federal funds that are for the
119transportation of the transportation disadvantaged. Such funds
120may include, but are not limited to, funds for planning,
121Medicaid transportation, administration, operation, procurement,
122and maintenance of vehicles or equipment and capital
123investments. Transportation disadvantaged funds do not include
124funds for the transportation of children to public schools.
125     (11)(4)  "Transportation improvement program" means a
126staged multiyear program of transportation improvements,
127including an annual element, which is developed by a
128metropolitan planning organization or designated official
129planning agency.
130     (12)  "Annual budget estimate" means a budget estimate of
131funding resources available for providing transportation
132services to the transportation disadvantaged and which is
133prepared annually to cover a period of 1 state fiscal year.
134     (12)(6)  "Transportation operator" means one or more
135public, private for-profit, or private nonprofit entities
136engaged by the community transportation coordinator to provide
137service to transportation disadvantaged persons pursuant to a
138coordinated system service plan.
139     Section 2.  Subsection (4) of section 427.012, Florida
140Statutes, is amended to read:
141     427.012  The Commission for the Transportation
142Disadvantaged.--There is created the Commission for the
143Transportation Disadvantaged in the Department of
144Transportation.
145     (4)  The commission shall meet at least quarterly, or more
146frequently at the call of the chairperson. Four Five members of
147the commission constitute a quorum, and a majority vote of the
148members present is necessary for any action taken by the
149commission.
150     Section 3.  Subsections (7) through (10), (14), and (26) of
151section 427.013, Florida Statutes, are amended, and subsection
152(29) is added to that section, to read:
153     427.013  The Commission for the Transportation
154Disadvantaged; purpose and responsibilities.--The purpose of the
155commission is to accomplish the coordination of transportation
156services provided to the transportation disadvantaged. The goal
157of this coordination shall be to assure the cost-effective
158provision of transportation by qualified community
159transportation coordinators or transportation operators for the
160transportation disadvantaged without any bias or presumption in
161favor of multioperator systems or not-for-profit transportation
162operators over single operator systems or for-profit
163transportation operators. In carrying out this purpose, the
164commission shall:
165     (7)  Assure that all procedures, guidelines, and directives
166issued by purchasing agencies member departments are conducive
167to the coordination of transportation services.
168     (8)(a)  Assure that purchasing agencies member departments
169purchase all trips within the coordinated system, unless they
170use a more cost-effective alternative provider.
171     (b)  Provide, by rule, criteria and procedures for
172purchasing agencies member departments to use if they wish to
173use an alternative provider. Purchasing agencies Departments
174must demonstrate either that the proposed alternative provider
175can provide a trip of acceptable quality for the clients at a
176lower cost than that provided within the coordinated system, or
177that the coordinated system cannot accommodate the purchasing
178agency's department's clients.
179     (9)  Develop by rule standards for community transportation
180coordinators and any transportation operator or coordination
181contractor from whom service is purchased or arranged by the
182community transportation coordinator covering coordination,
183operation, safety, insurance, eligibility for service, costs,
184and utilization of transportation disadvantaged services. These
185standards and rules must include, but are not limited to:
186     (a)  Inclusion, by rule, of acceptable ranges of trip costs
187for the various modes and types of transportation services
188provided.
189     (a)(b)  Minimum performance standards for the delivery of
190services. These standards must be included in coordinator
191contracts and transportation operator contracts with clear
192penalties for repeated or continuing violations.
193     (b)(c)  Minimum liability insurance requirements for all
194transportation services purchased, provided, or coordinated for
195the transportation disadvantaged through the community
196transportation coordinator.
197     (10)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to
198implement the provisions of this part ss. 427.011-427.017.
199     (14)  Consolidate, For each state agency, consolidate and
200issue a report on the annual budget estimates for transportation
201disadvantaged services, and the amounts of each purchasing
202agency's actual expenditures and, together with the actual
203expenditures, as reported by the metropolitan planning
204organization or designated official planning agency, annual
205budget estimates of each official planning agency, local
206government, and directly federally funded agency and issue a
207report.
208     (26)  Develop a quality assurance and management review
209program to monitor, based upon approved commission standards,
210services contracted for by an agency, and those provided by a
211community transportation operator pursuant to s. 427.0155. Staff
212of the quality assurance and management review program shall
213function independently and be directly responsible to the
214executive director.
215     (29)  Incur expenses for marketing and the purchase of
216advertisements and promotional items.
217     Section 4.  Section 427.0135, Florida Statutes, is amended
218to read:
219     427.0135  Purchasing agencies Member departments; duties
220and responsibilities; state agency budget requests.--
221     (1)  Each purchasing agency member department, in carrying
222out the policies and procedures of the commission, shall:
223     (1)(a)  Use the coordinated transportation system for
224provision of services to its clients, unless each purchasing
225agency department meets the criteria outlined in rule to use an
226alternative provider.
227     (b)  Pay the rates established in the service plan, unless
228the purchasing agency has completed the alternative provider
229procedure and demonstrated that a proposed alternative provider
230can provide a trip of acceptable quality for its clients at a
231lower cost. Subject to the provisions of s. 409.908(18), the
232Medicaid agency shall purchase transportation services through
233the community coordinated transportation system unless a more
234cost-effective method is determined by the agency for Medicaid
235clients or unless otherwise limited or directed by the General
236Appropriations Act.
237     (c)(2)  Provide the commission, by September 15 of each
238year, an accounting of all funds spent as well as how many trips
239were purchased with agency funds.
240     (d)(3)  Assist communities in developing coordinated
241transportation systems designed to serve the transportation
242disadvantaged. However, a purchasing agency member department
243may not serve as the community transportation coordinator in any
244designated service area.
245     (e)(4)  Assure that its rules, procedures, guidelines, and
246directives are conducive to the coordination of transportation
247funds and services for the transportation disadvantaged.
248     (f)(5)  Provide technical assistance, as needed, to
249community transportation coordinators or transportation
250operators or participating agencies.
251     (2)  Each state agency shall identify in the legislative
252budget request provided to the Governor and Legislature each
253year the specific amount of any money the state agency will
254allocate for the provision of transportation disadvantaged
255services.
256     Section 5.  Subsections (2) and (3) of section 427.015,
257Florida Statutes, are amended to read:
258     427.015  Function of the metropolitan planning organization
259or designated official planning agency in coordinating
260transportation for the transportation disadvantaged.--
261     (2)  Each metropolitan planning organization or designated
262official planning agency shall recommend to the commission a
263single community transportation coordinator. However, a
264purchasing agency member department may not serve as the
265community transportation coordinator in any designated service
266area. The coordinator may provide all or a portion of needed
267transportation services for the transportation disadvantaged but
268shall be responsible for the provision of those coordinated
269services. Based on approved commission evaluation criteria, the
270coordinator shall subcontract or broker those services that are
271more cost-effectively and efficiently provided by subcontracting
272or brokering. The performance of the coordinator shall be
273evaluated based on the commission's approved evaluation criteria
274by the coordinating board at least annually. A copy of the
275evaluation shall be submitted to the metropolitan planning
276organization, or the designated official planning agency, and
277the commission. The recommendation or termination of any
278community transportation coordinator shall be subject to
279approval by the commission.
280     (3)  Each metropolitan planning organization or designated
281official planning agency shall request each local government in
282its jurisdiction to provide the actual expenditures an estimate
283of all local and direct federal funds to be expended for
284transportation for the disadvantaged. The metropolitan planning
285organization or designated official planning agency shall
286consolidate this information into a single report and forward
287it, by September 15 the beginning of each fiscal year, to the
288commission.
289     Section 6.  Subsections (6) and (7) of section 427.0155,
290Florida Statutes, are amended to read:
291     427.0155  Community transportation coordinators; powers and
292duties.--Community transportation coordinators shall have the
293following powers and duties:
294     (6)  In cooperation with, and approved by, the coordinating
295board, develop, negotiate, implement, and monitor a memorandum
296of agreement, including a service plan, for submittal to the
297commission. The service plan must include the results of the
298commission-approved rate methodology process.
299     (7)  In cooperation with the coordinating board and
300pursuant to criteria developed by the Commission for the
301Transportation Disadvantaged, establish eligibility guidelines
302and priorities with regard to the recipients of nonsponsored
303transportation disadvantaged services that are purchased with
304Transportation Disadvantaged Trust Fund moneys.
305     Section 7.  Subsection (4) of section 427.0157, Florida
306Statutes, is amended to read:
307     427.0157  Coordinating boards; powers and duties.--The
308purpose of each coordinating board is to develop local service
309needs and to provide information, advice, and direction to the
310community transportation coordinators on the coordination of
311services to be provided to the transportation disadvantaged. The
312commission shall, by rule, establish the membership of
313coordinating boards. The members of each board shall be
314appointed by the metropolitan planning organization or
315designated official planning agency. The appointing authority
316shall provide each board with sufficient staff support and
317resources to enable the board to fulfill its responsibilities
318under this section. Each board shall meet at least quarterly and
319shall:
320     (4)  Assist the community transportation coordinator in
321establishing eligibility guidelines and priorities with regard
322to the recipients of nonsponsored transportation disadvantaged
323services that are purchased with Transportation Disadvantaged
324Trust Fund moneys.
325     Section 8.  Subsections (2) and (3) of section 427.0158,
326Florida Statutes, are amended to read:
327     427.0158  School bus and public transportation.--
328     (2)  The school boards shall cooperate in the utilization
329of their vehicles to enhance coordinated disadvantaged
330transportation disadvantaged services by providing the
331information as requested by the community transportation
332coordinator required by this section and by allowing the use of
333their vehicles at actual cost upon request when those vehicles
334are available for such use and are not transporting students.
335Semiannually, no later than October 1 and April 30, a designee
336from the local school board shall provide the community
337transportation coordinator with copies to the coordinated
338transportation board, the following information for vehicles not
339scheduled 100 percent of the time for student transportation
340use:
341     (a)  The number and type of vehicles by adult capacity,
342including days and times, that the vehicles are available for
343coordinated transportation disadvantaged services;
344     (b)  The actual cost per mile by vehicle type available;
345     (c)  The actual driver cost per hour;
346     (d)  Additional actual cost associated with vehicle use
347outside the established workday or workweek of the entity; and
348     (e)  Notification of lead time required for vehicle use.
349     (3)  The public transit fixed route or fixed schedule
350system shall cooperate in the utilization of its regular service
351to enhance coordinated transportation disadvantaged services by
352providing the information as requested by the community
353transportation coordinator required by this section. Annually,
354no later than October 1, a designee from the local public
355transit fixed route or fixed schedule system shall provide The
356community transportation coordinator may request, but is not
357limited to requesting, with copies to the coordinated
358transportation board, the following information:
359     (a)  A copy of all current schedules, route maps, system
360map, and fare structure;
361     (b)  A copy of the current charter policy;
362     (c)  A copy of the current charter rates and hour
363requirements; and
364     (d)  Required notification time to arrange for a charter.
365     Section 9.  Subsection (3) of section 427.0159, Florida
366Statutes, is amended, and subsection (4) is added to that
367section, to read:
368     427.0159  Transportation Disadvantaged Trust Fund.--
369     (3)  Funds for nonsponsored transportation disadvantaged
370services that are deposited in the trust fund may be used by the
371commission to subsidize a portion of a transportation
372disadvantaged person's transportation costs which is not
373sponsored by an agency, only if a cash or in-kind match is
374required. Funds for nonsponsored transportation disadvantaged
375services shall be distributed based upon the need of the
376recipient and according to criteria developed by the Commission
377for the Transportation Disadvantaged.
378     (4)  A purchasing agency may deposit funds into the
379Transportation Disadvantaged Trust Fund for the commission to
380implement, manage, and administer the purchasing agency's
381transportation disadvantaged funds, as defined in s.
382427.011(10).
383     Section 10.  Subsections (1) and (2) of section 427.016,
384Florida Statutes, are amended to read:
385     427.016  Expenditure of local government, state, and
386federal funds for the transportation disadvantaged.--
387     (1)(a)  All transportation disadvantaged funds expended
388within the state shall be expended to purchase transportation
389services from community transportation coordinators or public,
390private, or private nonprofit transportation operators within
391the coordinated transportation system, except when the rates
392charged by proposed alternate operators are proven, pursuant to
393rules generated by the Commission for the Transportation
394Disadvantaged, to be more cost-effective and are not a risk to
395the public health, safety, or welfare. However, in areas where
396transportation suited to the unique needs of a transportation
397disadvantaged person cannot be purchased through the coordinated
398system, or where the agency has met the rule criteria for using
399an alternative provider, the service may be contracted for
400directly by the appropriate agency.
401     (b)  Nothing in this subsection shall be construed to limit
402or preclude the Medicaid agency from establishing maximum fee
403schedules, individualized reimbursement policies by provider
404type, negotiated fees, competitive bidding, or any other
405mechanism that the agency considers efficient and effective for
406the purchase of services on behalf of Medicaid clients. State
407and local agencies shall not contract for any transportation
408disadvantaged services, including Medicaid reimbursable
409transportation services, with any community transportation
410coordinator or transportation operator that has been determined
411by the Agency for Health Care Administration, the Department of
412Legal Affairs Medicaid Fraud Control Unit, or any state or
413federal agency to have engaged in any abusive or fraudulent
414billing activities.
415     (2)  Each agency, whether or not it is an ex officio,
416nonvoting advisor to a member of the Commission for the
417Transportation Disadvantaged, shall identify in the legislative
418budget request provided to the Governor and the Legislature each
419year inform the commission in writing, before the beginning of
420each fiscal year, of the specific amount of any money the agency
421will allocate allocated for the provision of transportation
422disadvantaged services. Additionally, each state agency shall,
423by September 15 of each year, provide the commission with an
424accounting of the actual amount of funds expended and the total
425number of trips purchased.
426     Section 11.  Section 427.017, Florida Statutes, is amended
427to read:
428     427.017  Conflicts with federal laws or regulations.--Upon
429notification by an agency of the Federal Government that any
430provision of this part act conflicts with federal laws or
431regulations, the state or local agencies involved may take any
432reasonable steps necessary to assure continued federal funding.
433Further, it is the legislative intent that the conflict shall
434not affect other provisions or applications of this part act
435that can effectively be implemented without implementation of
436the provision in question, and to this end, the provisions of
437this part act are declared severable.
438     Section 12.  This act shall take effect July 1, 2008.


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