Bill Amendment: FL S1380 | 2024 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Transportation Services for Persons with Disabilities and the Transportation Disadvantaged
Status: 2024-05-13 - Chapter No. 2024-171 [S1380 Detail]
Download: Florida-2024-S1380-Senate_Committee_Amendment_541278.html
Bill Title: Transportation Services for Persons with Disabilities and the Transportation Disadvantaged
Status: 2024-05-13 - Chapter No. 2024-171 [S1380 Detail]
Download: Florida-2024-S1380-Senate_Committee_Amendment_541278.html
Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 1380
Ì541278@Î541278
LEGISLATIVE ACTION
Senate . House
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The Committee on Transportation (Hutson) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 427.011, Florida Statutes, is reordered
6 and amended to read:
7 427.011 Definitions.—For the purposes of ss. 427.011
8 427.017:
9 (11)(1) “Transportation disadvantaged” means those persons
10 who because of physical or mental disability, income status, or
11 age are unable to transport themselves or to purchase
12 transportation and are, therefore, dependent upon others to
13 obtain access to health care, employment, education, shopping,
14 social activities, or other life-sustaining activities, or
15 children who are handicapped or high-risk or at-risk as defined
16 in s. 411.202.
17 (6)(2) “Metropolitan planning organization” means the
18 organization responsible for carrying out transportation
19 planning and programming in accordance with the provisions of 23
20 U.S.C. s. 134, as provided in 23 U.S.C. s. 104(f)(3).
21 (1)(3) “Agency” means an official, officer, commission,
22 authority, council, committee, department, division, bureau,
23 board, section, or any other unit or entity of the state or of a
24 city, town, municipality, county, or other local governing body
25 or a private nonprofit transportation service-providing agency.
26 (13)(4) “Transportation improvement program” means a staged
27 multiyear program of transportation improvements, including an
28 annual element, which is developed by a metropolitan planning
29 organization or designated official planning agency.
30 (2)(5) “Community transportation coordinator” means a
31 transportation entity recommended by a metropolitan planning
32 organization, or by the appropriate designated official planning
33 agency as provided for in ss. 427.011-427.017 in an area outside
34 the purview of a metropolitan planning organization, to ensure
35 that coordinated transportation services are provided to the
36 transportation disadvantaged population in a designated service
37 area.
38 (14)(6) “Transportation operator” means one or more public,
39 private for-profit, or private nonprofit entities engaged by the
40 community transportation coordinator to provide service to
41 transportation disadvantaged persons pursuant to a coordinated
42 system service plan.
43 (3)(7) “Coordinating board” means an advisory entity in
44 each designated service area composed of representatives
45 appointed by the metropolitan planning organization or
46 designated official planning agency, to provide assistance to
47 the community transportation coordinator relative to the
48 coordination of transportation services.
49 (9)(8) “Purchasing agency” means a department or agency
50 whose head is an ex officio, nonvoting adviser to the
51 commission, or an agency that purchases transportation services
52 for the transportation disadvantaged.
53 (8)(9) “Paratransit” means those elements of public transit
54 which provide service between specific origins and destinations
55 selected by the individual user with such service being provided
56 at a time that is agreed upon by the user and provider of the
57 service. Paratransit service is provided by taxis, limousines,
58 “dial-a-ride,” buses, and other demand-responsive operations
59 that are characterized by their nonscheduled, nonfixed route
60 nature.
61 (12)(10) “Transportation disadvantaged funds” means any
62 local government, state, or available federal funds that are for
63 the transportation of the transportation disadvantaged. Such
64 funds may include, but are not limited to, funds for planning,
65 Medicaid transportation, administration, operation, procurement,
66 and maintenance of vehicles or equipment and capital
67 investments. Transportation disadvantaged funds do not include
68 funds for the transportation of children to public schools.
69 (4)(11) “Coordination” means the arrangement for the
70 provision of transportation services to the transportation
71 disadvantaged in a manner that is cost-effective, efficient, and
72 reduces fragmentation and duplication of services.
73 (7)(12) “Nonsponsored transportation disadvantaged
74 services” means transportation disadvantaged services that are
75 not sponsored or subsidized by any funding source other than the
76 Transportation Disadvantaged Trust Fund.
77 (5) “Immediate family member” means a spouse, child,
78 parent, sibling, grandparent, aunt, uncle, or first cousin of a
79 person or the person’s spouse or a person who resides in the
80 primary residence of the person.
81 (10) “Request for service” means a request made to a
82 transportation service provider by a person with a disability,
83 or by such person’s immediate family member, for paratransit
84 service.
85 (15) “Transportation service provider” means an
86 organization or entity that contracts with a local government to
87 provide paratransit service for persons with disabilities.
88 Section 2. Section 427.012, Florida Statutes, is amended to
89 read:
90 427.012 The Commission for the Transportation
91 Disadvantaged.—There is created the Commission for the
92 Transportation Disadvantaged in the Department of
93 Transportation.
94 (1) The commission shall consist of 14 seven members, all
95 of whom shall be appointed by the Governor, in accordance with
96 the requirements of s. 20.052.
97 (2) The commission shall be composed of the following
98 members:
99 (a) The director of the Agency for Persons with
100 Disabilities.
101 (b) The Secretary of Transportation or his or her designee
102 from within the Department of Transportation.
103 (c) The Secretary of Children and Families or his or her
104 designee from within the Department of Children and Families.
105 (d) The Secretary of Elderly Affairs.
106 (e) The State Surgeon General or his or her designee from
107 within the Department of Health.
108 (f) Two county managers or administrators, one from a rural
109 county and one from a county with a population of more than
110 150,000 according to the last state census.
111 (g) The chief executive officer or president of a hospital
112 in this state.
113 (h) The director of the Division of Blind Services.
114 (i) Five members who have experience in transit,
115 transportation services, innovative technology, government
116 procurement, mobility, or service of persons with disabilities
117 or who have disabilities and use transportation for the
118 transportation disadvantaged.
119 (3) Appointed members shall serve 4-year terms, except that
120 initially, to provide for staggered terms, the Governor shall
121 appoint three members to serve 2-year terms and two members to
122 serve 3-year terms. All subsequent appointments shall be for 4
123 year terms. A member may be reappointed for one additional 4
124 year term.
125 (4) Each member must be a resident of this state.
126 (a) Five of the members must have significant experience in
127 the operation of a business, and it is the intent of the
128 Legislature that, when making an appointment, the Governor
129 select persons who reflect the broad diversity of the business
130 community in this state, as well as the racial, ethnic,
131 geographical, and gender diversity of the population of this
132 state.
133 (b) Two of the members must have a disability and use the
134 transportation disadvantaged system.
135 (c) Each member shall represent the needs of the
136 transportation disadvantaged throughout the state. A member may
137 not subordinate the needs of the transportation disadvantaged in
138 general in order to favor the needs of others residing in a
139 specific location in the state.
140 (d) Each member shall be appointed to a term of 4 years. A
141 member may be reappointed for one additional 4-year term.
142 (e) Each member must be a resident of the state and a
143 registered voter.
144 (f) At any given time, at least one member must be at least
145 65 years of age.
146 (g) The Secretary of Transportation, the Secretary of
147 Children and Families, the Secretary of Economic Opportunity,
148 the executive director of the Department of Veterans’ Affairs,
149 the Secretary of Elderly Affairs, the Secretary of Health Care
150 Administration, the director of the Agency for Persons with
151 Disabilities, and a county manager or administrator who is
152 appointed by the Governor, or a senior management level
153 representative of each, shall serve as ex officio, nonvoting
154 advisors to the commission.
155 (h) A member may not, within the 5 years immediately before
156 his or her appointment, or during his or her term on the
157 commission, have or have had a financial relationship with, or
158 represent or have represented as a lobbyist as defined in s.
159 11.045, the following:
160 1. A transportation operator;
161 2. A community transportation coordinator;
162 3. A metropolitan planning organization;
163 4. A designated official planning agency;
164 5. A purchaser agency;
165 6. A local coordinating board;
166 7. A broker of transportation; or
167 8. A provider of transportation services.
168 (5)(2) The chair of the commission chairperson shall be
169 appointed by the Governor, and the vice chair chairperson of the
170 commission shall be elected annually from the membership of the
171 commission.
172 (6)(3) Members of the commission shall serve without
173 compensation but shall be allowed per diem and travel expenses,
174 as provided in s. 112.061.
175 (7)(4) The commission shall meet at least quarterly, or
176 more frequently at the call of the chair chairperson. Eight Four
177 members of the commission constitute a quorum, and a majority
178 vote of the members present is necessary for any action taken by
179 the commission.
180 (8)(5) The Governor may remove any member of the commission
181 for cause.
182 (6) Each candidate for appointment to the commission must,
183 before accepting the appointment, undergo background screening
184 under s. 435.04 by filing with the Department of Transportation
185 a complete set of fingerprints taken by an authorized law
186 enforcement agency. The fingerprints must be submitted to the
187 Department of Law Enforcement for state processing, and that
188 department shall submit the fingerprints to the Federal Bureau
189 of Investigation for federal processing. The Department of
190 Transportation shall screen the background results and inform
191 the commission of any candidate who does not meet level 2
192 screening standards. A candidate who has not met level 2
193 screening standards may not be appointed to the commission. The
194 cost of the background screening may be borne by the Department
195 of Transportation or the candidate.
196 (9)(7) The commission shall appoint an executive director
197 who shall serve under the direction, supervision, and control of
198 the commission. The executive director, with the consent of the
199 commission, shall employ such personnel as may be necessary to
200 perform adequately the functions of the commission within
201 budgetary limitations. Employees of the commission are exempt
202 from the Career Service System.
203 (10)(8) The commission shall appoint a technical working
204 group that includes representatives of private paratransit
205 providers. The technical working group shall advise the
206 commission on issues of importance to the state, including
207 information, advice, and direction regarding the coordination of
208 services for the transportation disadvantaged. The commission
209 may appoint other technical working groups whose members may
210 include representatives of community transportation
211 coordinators; metropolitan planning organizations; regional
212 planning councils; experts in insurance, marketing, economic
213 development, or financial planning; and persons who use
214 transportation for the transportation disadvantaged, or their
215 relatives, parents, guardians, or service professionals who tend
216 to their needs.
217 (11)(9) The commission is assigned to the office of the
218 secretary of the Department of Transportation for administrative
219 and fiscal accountability purposes, but it shall otherwise
220 function independently of the control, supervision, and
221 direction of the department.
222 (12)(10) The commission shall develop a budget pursuant to
223 chapter 216. The budget is not subject to change by the
224 department staff after it has been approved by the commission,
225 but it shall be transmitted to the Governor, as head of the
226 department, along with the budget of the department.
227 Section 3. Present subsections (8) through (29) of section
228 427.013, Florida Statutes, are redesignated as subsections (10)
229 through (31), respectively, new subsections (8) and (9) are
230 added to that section, and subsection (5) and present
231 subsections (13), (20), and (28) of that section are amended, to
232 read:
233 427.013 The Commission for the Transportation
234 Disadvantaged; purpose and responsibilities.—The purpose of the
235 commission is to accomplish the coordination of transportation
236 services provided to the transportation disadvantaged. The goal
237 of this coordination is to assure the cost-effective provision
238 of transportation by qualified community transportation
239 coordinators or transportation operators for the transportation
240 disadvantaged without any bias or presumption in favor of
241 multioperator systems or not-for-profit transportation operators
242 over single operator systems or for-profit transportation
243 operators. In carrying out this purpose, the commission shall:
244 (5) Serve as a clearinghouse for information about
245 transportation disadvantaged services, training, funding
246 sources, innovations, and coordination efforts and provide best
247 practices, latest technology innovations, and preferential
248 vendors lists to county transportation disadvantaged program
249 managers.
250 (8) Annually review and conduct a performance audit of each
251 coordinator contract and transportation operator contract in
252 each county.
253 (9) Establish a system for the filing, receipt, and
254 resolution of complaints regarding the transportation
255 disadvantaged system.
256 (15)(13) Make an annual report to the Governor, the
257 President of the Senate, and the Speaker of the House of
258 Representatives by January 1 of each year. The report shall
259 summarize for each county the number of complaints filed
260 regarding the transportation disadvantaged system, contract
261 satisfaction, a breakdown of the total cost of services, the
262 amount of funds provided by the commission, and the results of
263 annual performance audits.
264 (22)(20) Ensure that drivers of motor vehicles used to
265 provide paratransit service attend Design and develop
266 transportation disadvantaged training programs delivered by the
267 Agency for Persons with Disabilities.
268 (30)(28) In consultation with the Agency for Health Care
269 Administration and the Department of Transportation, develop an
270 allocation methodology that equitably distributes all
271 transportation funds under the control of the commission to
272 compensate counties, community transportation coordinators, and
273 other entities providing transportation disadvantaged services.
274 The methodology shall separately account for Medicaid
275 beneficiaries. The methodology shall consider such factors as
276 the actual costs of each transportation disadvantaged trip based
277 on prior-year information, efficiencies that a provider might
278 adopt to reduce costs, results of the rate and cost comparisons
279 conducted under subsections (26) (24) and (27) (25), as well as
280 cost efficiencies of trips when compared to the local cost of
281 transporting the general public. This subsection does not
282 supersede the authority of the Agency for Health Care
283 Administration to distribute Medicaid funds.
284 Section 4. Subsection (4) of section 427.0159, Florida
285 Statutes, is amended to read:
286 427.0159 Transportation Disadvantaged Trust Fund.—
287 (4) A purchasing agency may deposit funds into the
288 Transportation Disadvantaged Trust Fund for the commission to
289 implement, manage, and administer the purchasing agency’s
290 transportation disadvantaged funds, as defined in s. 427.011 s.
291 427.011(10).
292 Section 5. Section 427.02, Florida Statutes, is created to
293 read:
294 427.02 Transportation services for persons with
295 disabilities.—
296 (1) A transportation service provider must:
297 (a) Provide training to each driver of a motor vehicle used
298 to provide paratransit service to persons with disabilities
299 which, at a minimum, meets requirements established by the
300 Agency for Persons with Disabilities for training and
301 professional development of staff providing direct services to
302 clients of the agency.
303 (b)1. Install an interior video camera monitoring system in
304 each motor vehicle used to provide paratransit service to
305 persons with disabilities. Each component of the interior video
306 camera monitoring system must be mounted securely inside the
307 motor vehicle, must be located outside the head protection zone
308 as described in 49 C.F.R. s. 571.222, must be located in an area
309 in which the component is not likely to cause injury, and must
310 have no sharp edges or projections.
311 2. Upon request, provide access to footage captured by an
312 interior video camera monitoring system to the local government,
313 the Department of Transportation, the Agency for Persons with
314 Disabilities, or a parent, legal guardian, caretaker, or
315 immediate family member of a person who receives paratransit
316 service from the transportation service provider.
317 (c) Offer Internet-based, application-based, and
318 smartphone-based ride booking and vehicle tracking services.
319 Each of these services must be provided in accessible formats.
320 (d) Regularly maintain and upgrade all technology-based
321 services.
322 (e) Offer both pre-booking and on-demand service to
323 paratransit service users.
324 (2) A transportation service provider, in collaboration
325 with the local government with which the provider contracts,
326 shall establish:
327 (a) Reasonable time periods between a request for service
328 and the arrival of the transportation service provider at the
329 location specified in the request, taking into account the
330 number of persons requesting paratransit service on the same
331 date, the distance between locations, usual or expected traffic
332 conditions during the provision of paratransit service, and any
333 other factor deemed necessary by the provider or the local
334 government. If a transportation service provider exhibits a
335 pattern of late arrivals based on such established reasonable
336 time periods, the local government may authorize another
337 provider to provide such paratransit service, including the
338 acceptance of any prepaid vouchers for future paratransit
339 service, notwithstanding the terms of the contract with the
340 original provider.
341 (b) Best practices for limiting the duration of travel
342 times for persons receiving paratransit service. To avoid
343 unreasonably long travel times, the provider and the local
344 government shall consider the level of service offered to
345 persons without disabilities by a public entity operating a
346 fixed route as compared to the level of paratransit service
347 offered by the transportation service provider in accordance
348 with 49 C.F.R. s. 37.121.
349 (c) Transparency regarding the quality of paratransit
350 service provided by the transportation service provider,
351 including, but not limited to, data relating to the timeliness
352 of paratransit service provided and the handling of complaints.
353 (d) An efficient system for the reporting of adverse
354 incidents occurring during the provision of paratransit service
355 to persons with disabilities. Such system may include the
356 assignment of a quick-response code to each motor vehicle used
357 to provide such service for the purpose of reporting adverse
358 incidents with a smartphone or other mobile device. Reports of
359 adverse incidents received by the local government or the
360 transportation service provider shall be submitted to the Agency
361 for Persons with Disabilities and the Department of
362 Transportation.
363 (3) The Agency for Persons with Disabilities, in
364 collaboration with the Department of Transportation, shall
365 establish requirements for the investigation of adverse
366 incidents reported pursuant to paragraph (2)(d), including
367 periodic review of ongoing investigations and documentation of
368 final outcomes thereof. The investigation of a reported adverse
369 incident must commence within 48 hours after receipt of the
370 report by the agency and the department.
371 (4) The provisions of s. 287.057 which exempt the purchase
372 of contractual services from competitive bidding requirements do
373 not apply to contracts entered into by local governments and
374 transportation service providers for the provision of
375 paratransit service to persons with disabilities under this
376 section.
377 Section 6. This act shall take effect July 1, 2024.
378
379 ================= T I T L E A M E N D M E N T ================
380 And the title is amended as follows:
381 Delete everything before the enacting clause
382 and insert:
383 A bill to be entitled
384 An act relating to transportation services for persons
385 with disabilities and the transportation
386 disadvantaged; reordering and amending s. 427.011,
387 F.S.; revising definitions; defining terms; amending
388 s. 427.012, F.S.; revising membership of the
389 Commission for the Transportation Disadvantaged and
390 qualifications therefor; providing for staggered
391 terms; requiring each member to be a resident of this
392 state; amending s. 427.013, F.S.; revising the duties
393 of the commission; amending s. 427.0159, F.S.;
394 conforming a cross-reference; creating s. 427.02,
395 F.S.; providing responsibilities of a transportation
396 service provider with respect to driver training,
397 installation of video camera monitoring systems, and
398 technology-based services; requiring a transportation
399 service provider and the local government with which
400 the provider contracts to establish standards relating
401 to reasonable time periods between a request for
402 service and the arrival of the provider, limitation of
403 the duration of travel times, transparency regarding
404 the quality of service provided, and a system for the
405 reporting of adverse incidents; requiring that reports
406 of adverse incidents be submitted to the Agency for
407 Persons with Disabilities and the Department of
408 Transportation; requiring the agency and the
409 department to establish requirements for the
410 investigation of adverse incidents; requiring such an
411 investigation to commence within a certain timeframe;
412 providing nonapplicability of provisions exempting the
413 purchase of contractual services from competitive
414 bidding requirements; providing an effective date.
