Florida Senate - 2016                                     SB 738
       By Senator Brandes
       22-00748-16                                            2016738__
    1                        A bill to be entitled                      
    2         An act relating to the Central Florida Regional
    3         Transportation Authority; amending s. 343.63, F.S.;
    4         revising the organization and membership of the
    5         governing board of the authority; creating s. 343.635,
    6         F.S.; directing the authority to contract for the
    7         management of its system pursuant to a request for
    8         proposals; providing a definition; providing for
    9         review of the request by the Florida Transportation
   10         Commission; providing procedures; directing the Office
   11         of Program Policy Analysis and Government
   12         Accountability to review and evaluate the
   13         organizational management and operational
   14         effectiveness of the authority and submit a report to
   15         the Governor and Legislature by a specified date;
   16         providing a directive to the Division of Law Revision
   17         and Information; providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Section 343.63, Florida Statutes, is amended to
   22  read:
   23         343.63 Central Florida Regional Transportation Authority.—
   24         (1) There is created and established a body politic and
   25  corporate, an agency of the state, to be known as the “Central
   26  Florida Regional Transportation Authority,” hereinafter referred
   27  to as the “authority.”
   28         (2) The governing board of the authority shall consist of
   29  nine voting members:
   30         (a) Each chair of the boards of county commissioners of
   31  Osceola, Orange, and Seminole Counties shall appoint himself or
   32  herself or another member of the respective board of county
   33  commissioners.
   34         (b) The mayors of the largest municipalities in Osceola,
   35  Orange, and Seminole Counties shall each appoint the chair or
   36  another member of the governing body of his or her respective
   37  municipality.
   38         (c) The Governor shall appoint three citizen members, one
   39  of whom shall be a citizen of Orange County, one of whom shall
   40  be a citizen of Osceola County, and one of whom shall be a
   41  citizen of Seminole County. The members appointed by the
   42  Governor shall be citizens who are not residents of the largest
   43  municipality in his or her respective county.
   45  The district secretary of the Department of Transportation
   46  district within the area served by the authority shall serve as
   47  a nonvoting advisor to the governing body of the authority.
   48  Appointed members shall serve for 2 years, except that each
   49  citizen member appointed by the Governor shall serve for 3
   50  years. An appointed member’s term expires December 31 of his or
   51  her last year of service. The terms of standing board members
   52  expire on the effective date of this act. Each appointed member
   53  shall hold office until his or her successor is appointed and
   54  qualified. A vacancy occurring during a term must be filled for
   55  only the balance of the unexpired term. Each appointed member of
   56  the board shall be a person of outstanding reputation for
   57  integrity, responsibility, and business ability. Except as
   58  provided in this subsection, a person who is an officer or
   59  employee of a municipality or county may not be an appointed
   60  member of the board. Any member of the board is eligible for
   61  reappointment.
   62         (3) The governing board of the authority shall elect a
   63  chair, vice chair, and treasurer from among its membership, who
   64  shall each hold his or her office at the pleasure of the board.
   65  Five members of the board constitute a quorum, and the vote of
   66  five members is necessary for any action taken by the board. A
   67  vacancy on the board does not impair the right of a quorum to
   68  exercise all rights and perform all duties of the authority.
   69         (2) The governing board of the authority shall consist of
   70  five voting members as follows:
   71         (a) The chairs of the county commissions of Seminole,
   72  Orange, and Osceola Counties, or another member of the
   73  commission designated by the county chair, shall each serve as a
   74  representative on the board for the full extent of his or her
   75  term.
   76         (b) The mayor of the City of Orlando, or a member of the
   77  Orlando City Council designated by the mayor, shall serve as a
   78  representative on the board for the full extent of his or her
   79  term.
   80         (c) The Secretary of Transportation shall appoint the
   81  district secretary, or his or her designee, for the district
   82  within which the area served by the authority is located and
   83  this member shall be a voting member.
   84         (3) A vacancy during a term shall be filled in the same
   85  manner as the original appointment and only for the balance of
   86  the unexpired term.
   87         (4) The members of the governing board of the authority are
   88  shall not be entitled to compensation, but shall be reimbursed
   89  for travel expenses actually incurred in their duties as
   90  provided by law.
   91         Section 2. Section 343.635, Florida Statutes, is created to
   92  read:
   93         343.635 System management.—
   94         (1) By 60 days after the effective date of this act, the
   95  Central Florida Regional Transportation Authority shall develop
   96  a request for proposals, consistent with part I of chapter 287,
   97  to contract for the management of its system. For purposes of
   98  this request for proposals, the term “management” means the
   99  management and day-to-day operation of the Central Florida
  100  Regional Transportation Authority system and providing
  101  consultation to the governing board in all areas of public
  102  transportation. The contract shall be bid on a fixed-price
  103  basis, and compensation shall be determined by the amount of
  104  service provided, such as price per vehicle revenue hour. The
  105  contract shall also include specified performance metrics. The
  106  contractor shall be evaluated according to the performance
  107  metrics on a predetermined schedule during the contract. The
  108  contract shall provide penalties for failure to perform in
  109  accordance with these performance metrics, including the ability
  110  of the governing board to terminate the contract and rebid for
  111  contractual services. The purpose of the contract shall be to
  112  secure and provide all management and supervisory services
  113  reasonably required and necessary for the efficient operation of
  114  the system under the policies determined by the Central Florida
  115  Regional Transportation Authority. The advisory, management, and
  116  supervisory services to be furnished by the contractor shall
  117  include, but not be limited to, transportation operations,
  118  vehicle maintenance, marketing, schedule operations, labor
  119  relations and labor contract negotiations, equipment purchasing,
  120  accounting, income and expense projections, safety, employee
  121  selection and training, and all other managerial functions
  122  normally required in the daily operation of a transit system and
  123  all specifications as listed in the request for proposals,
  124  including, but not limited to, the following:
  125         (a) The contract shall be for a minimum of 5 years, with
  126  the option for renewal.
  127         (b) The specific responsibilities of the contractor and
  128  general manager.
  129         (c) The responsibilities of the Central Florida Regional
  130  Transportation Authority.
  131         (d) General terms and conditions.
  132         (e) Payment terms.
  133         (f) Disclosure of conflicts of interest.
  134         (g) Insurance requirements.
  135         (h) The terms of the award.
  136         (2) After development of the request for proposals, the
  137  Central Florida Regional Transportation Authority shall forward
  138  a draft of the request for proposals to the Florida
  139  Transportation Commission for review. Within 60 days after
  140  receiving the draft, the Florida Transportation Commission shall
  141  review the request for proposals for consistency with subsection
  142  (1) and part I of chapter 287 and issue a report detailing its
  143  findings.
  144         (3) After the Florida Transportation Commission review
  145  provided for in subsection (2), the Central Florida Regional
  146  Transportation Authority shall have 30 days to make any
  147  corrections to its proposed request for proposals and issue the
  148  request for proposals.
  149         (4) After the issuance of the request for proposals,
  150  interested parties shall have 90 days to submit responses.
  151  Within 30 days after the deadline for submitting responses to
  152  the request for proposals, the Central Florida Regional
  153  Transportation Authority shall begin negotiations to contract
  154  with the most responsive bidder.
  155         Section 3. (1) The Office of Program Policy Analysis and
  156  Government Accountability shall review and evaluate the
  157  operational effectiveness of the Central Florida Regional
  158  Transportation Authority using the annual fiscal reports
  159  prepared by the authority and submitted to the Florida
  160  Transportation Commission. The office shall also evaluate
  161  whether the organizational management of the authority is
  162  effective and efficient and analyze the governing board
  163  structure and whether it is appropriate.
  164         (2) By June 30, 2016, the Office of Program Policy Analysis
  165  and Government Accountability shall submit a report to the
  166  Governor, the President of the Senate, and the Speaker of the
  167  House of Representatives detailing its findings and
  168  recommendations on the organizational and operational structure
  169  of the Central Florida Regional Transportation Authority.
  170         Section 4. The Division of Law Revision and Information is
  171  directed to:
  172         (1) Replace the phrase “on the effective date of this act”
  173  wherever it occurs in section 1 with the date this act becomes a
  174  law; and
  175         (2) Replace the phrase “60 days after the effective date of
  176  this act” wherever it occurs in section 2 with such date.
  177         Section 5. This act shall take effect upon becoming a law.