Florida Senate - 2012                                    SB 1392
       
       
       
       By Senator Benacquisto
       
       
       
       
       27-00576B-12                                          20121392__
    1                        A bill to be entitled                      
    2         An act relating to transportation accessibility;
    3         providing a short title; providing definitions;
    4         requiring certain taxicab operators to provide
    5         accessible taxicabs after a certain date; requiring
    6         the Department of Transportation to adopt rules;
    7         providing for certain airports and deepwater ports to
    8         allow for priority rotation of accessible taxicabs
    9         after a certain date; amending s. 212.08, F.S.;
   10         providing a tax exemption for the sale or lease of
   11         accessible vehicles; amending s. 409.905, F.S.;
   12         requiring transportation services that provide
   13         transportation for Medicaid recipients to certify to
   14         the Agency for Health Care Administration that the
   15         transportation service uses accessible vehicles;
   16         providing an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. (1) This section may be cited as the “Florida
   21  Transportation Accessibility Independence Act.”
   22         (2) As used in this section, the term:
   23         (a) “Accessible taxicab” means a vehicle that is equipped
   24  with a lift or ramp designed specifically to transport
   25  physically disabled persons or that contains any other device
   26  designed to permit access to and enable the transportation of
   27  physically disabled persons, including persons who use
   28  wheelchairs, motorized wheelchairs, or similar mobility aids;
   29  complies with the accessibility requirements of the Americans
   30  with Disabilities Act of 1990, 49 C.F.R. ss. 38.23, 38.25, and
   31  38.31, as amended, whether or not such regulations would apply
   32  under federal law; meets all applicable federal motor vehicle
   33  safety standards and regulations adopted thereunder; and
   34  provides sufficient floor space to accommodate a service animal.
   35         (b) “Fleet owner” means a person that owns, operates, or
   36  manages 12 or more taxicabs directly or through subsidiaries or
   37  affiliates.
   38         (c) “Physically disabled person” means a person with a
   39  disability, as defined in the Americans with Disabilities Act of
   40  1990, 49 C.F.R. ss. 37.3, who uses a wheelchair, motorized
   41  wheelchair, or other personal mobility aid.
   42         (3) By December 31, 2014, each fleet owner shall operate a
   43  minimum of one-twelfth of its fleet using accessible taxicabs.
   44         (4) The Department of Transportation shall adopt rules to
   45  administer this section, including rules relating to procedures
   46  and forms for facilitating, monitoring, and verifying compliance
   47  with this section.
   48         (5) By December 31, 2012, all airports within the Florida
   49  airport system, as defined in s. 332.004(9), Florida Statutes,
   50  and deepwater ports, as provided in s. 403.021(9)(b), Florida
   51  Statutes, which have scheduled commercial passenger service, may
   52  allow for priority rotation of accessible taxicabs, along with
   53  priority access to passengers seeking accessible taxicab
   54  services.
   55         Section 2. Paragraph (hhh) is added to subsection (7) of
   56  section 212.08, Florida Statutes, to read:
   57         212.08 Sales, rental, use, consumption, distribution, and
   58  storage tax; specified exemptions.—The sale at retail, the
   59  rental, the use, the consumption, the distribution, and the
   60  storage to be used or consumed in this state of the following
   61  are hereby specifically exempt from the tax imposed by this
   62  chapter.
   63         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
   64  entity by this chapter do not inure to any transaction that is
   65  otherwise taxable under this chapter when payment is made by a
   66  representative or employee of the entity by any means,
   67  including, but not limited to, cash, check, or credit card, even
   68  when that representative or employee is subsequently reimbursed
   69  by the entity. In addition, exemptions provided to any entity by
   70  this subsection do not inure to any transaction that is
   71  otherwise taxable under this chapter unless the entity has
   72  obtained a sales tax exemption certificate from the department
   73  or the entity obtains or provides other documentation as
   74  required by the department. Eligible purchases or leases made
   75  with such a certificate must be in strict compliance with this
   76  subsection and departmental rules, and any person who makes an
   77  exempt purchase with a certificate that is not in strict
   78  compliance with this subsection and the rules is liable for and
   79  shall pay the tax. The department may adopt rules to administer
   80  this subsection.
   81         (hhh) Accessible vehicles.—The sale or lease of accessible
   82  vehicles is exempt from the tax imposed by this chapter. As used
   83  in this paragraph, the term “accessible vehicle” means a vehicle
   84  that is equipped with a lift or ramp designed specifically to
   85  transport physically disabled persons or that contains any other
   86  device designed to permit access to and enable the
   87  transportation of physically disabled persons, including persons
   88  who use wheelchairs, motorized wheelchairs, or similar mobility
   89  aids; complies with the accessibility requirements of the
   90  Americans with Disabilities Act of 1990, 49 C.F.R. ss. 38.23,
   91  38.25, and 38.31, as amended, whether or not such regulations
   92  would apply under federal law; meets all applicable federal
   93  motor vehicle safety standards and regulations adopted
   94  thereunder; and provides sufficient floor space to accommodate a
   95  service animal. If such equipment is installed through an
   96  aftermarket conversion of a stock vehicle, only the value of the
   97  conversion is exempt from the tax imposed by this chapter.
   98         Section 3. Subsection (12) of section 409.905, Florida
   99  Statutes, is amended to read:
  100         409.905 Mandatory Medicaid services.—The agency may make
  101  payments for the following services, which are required of the
  102  state by Title XIX of the Social Security Act, furnished by
  103  Medicaid providers to recipients who are determined to be
  104  eligible on the dates on which the services were provided. Any
  105  service under this section shall be provided only when medically
  106  necessary and in accordance with state and federal law.
  107  Mandatory services rendered by providers in mobile units to
  108  Medicaid recipients may be restricted by the agency. Nothing in
  109  this section shall be construed to prevent or limit the agency
  110  from adjusting fees, reimbursement rates, lengths of stay,
  111  number of visits, number of services, or any other adjustments
  112  necessary to comply with the availability of moneys and any
  113  limitations or directions provided for in the General
  114  Appropriations Act or chapter 216.
  115         (12) TRANSPORTATION SERVICES.—
  116         (a) The agency shall ensure that appropriate transportation
  117  services are available for a Medicaid recipient in need of
  118  transport to a qualified Medicaid provider for medically
  119  necessary and Medicaid-compensable services, provided a client’s
  120  ability to choose a specific transportation provider shall be
  121  limited to those options resulting from policies established by
  122  the agency to meet the fiscal limitations of the General
  123  Appropriations Act. The agency may pay for transportation and
  124  other related travel expenses as necessary only if these
  125  services are not otherwise available.
  126         (b)In order to receive payment for transportation
  127  services, the transportation provider must certify to the agency
  128  that the vehicles used to provide such services comply with the
  129  accessibility requirements of the Americans with Disabilities
  130  Act of 1990, 49 C.F.R. ss. 38.23, 38.25, and 38.31, as amended,
  131  whether or not such regulations would apply under federal law;
  132  meet all applicable federal motor vehicle safety standards and
  133  regulations adopted thereunder; and provide sufficient floor
  134  space to accommodate a service animal.
  135         Section 4. This act shall take effect July 1, 2012.