Bill Text: FL S1380 | 2024 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Transportation Services for Persons with Disabilities and the Transportation Disadvantaged

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Passed) 2024-05-13 - Chapter No. 2024-171 [S1380 Detail]

Download: Florida-2024-S1380-Comm_Sub.html

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       Florida Senate - 2024                             CS for SB 1380
       
       
        
       By the Committee on Transportation; and Senator Hutson
       
       
       
       
       
       596-02951-24                                          20241380c1
    1                        A bill to be entitled                      
    2         An act relating to transportation services for persons
    3         with disabilities and the transportation
    4         disadvantaged; reordering and amending s. 427.011,
    5         F.S.; defining terms; amending s. 427.012, F.S.;
    6         revising membership of the Commission for the
    7         Transportation Disadvantaged and qualifications
    8         therefor; providing for staggered terms; requiring
    9         each member to be a resident of this state; deleting
   10         provisions relating to background screening
   11         requirements; amending s. 427.013, F.S.; revising the
   12         duties of the commission; amending s. 427.0159, F.S.;
   13         conforming a cross-reference; creating s. 427.02,
   14         F.S.; providing responsibilities of a transportation
   15         service provider with respect to driver training,
   16         installation of video camera monitoring systems, and
   17         technology-based services; requiring a transportation
   18         service provider and the local government with which
   19         the provider contracts to establish standards relating
   20         to reasonable time periods between a request for
   21         service and the arrival of the provider, limitation of
   22         the duration of travel times, transparency regarding
   23         the quality of service provided, and a system for the
   24         reporting of adverse incidents; requiring that reports
   25         of adverse incidents be submitted to the Agency for
   26         Persons with Disabilities and the Department of
   27         Transportation; requiring the agency and the
   28         department to establish requirements for the
   29         investigation of adverse incidents; requiring such an
   30         investigation to commence within a certain timeframe;
   31         providing nonapplicability of provisions exempting the
   32         purchase of contractual services from competitive
   33         bidding requirements; providing an effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Section 427.011, Florida Statutes, is reordered
   38  and amended to read:
   39         427.011 Definitions.—For the purposes of ss. 427.011
   40  427.017:
   41         (11)(1) “Transportation disadvantaged” means those persons
   42  who because of physical or mental disability, income status, or
   43  age are unable to transport themselves or to purchase
   44  transportation and are, therefore, dependent upon others to
   45  obtain access to health care, employment, education, shopping,
   46  social activities, or other life-sustaining activities, or
   47  children who are handicapped or high-risk or at-risk as defined
   48  in s. 411.202.
   49         (6)(2) “Metropolitan planning organization” means the
   50  organization responsible for carrying out transportation
   51  planning and programming in accordance with the provisions of 23
   52  U.S.C. s. 134, as provided in 23 U.S.C. s. 104(f)(3).
   53         (1)(3) “Agency” means an official, officer, commission,
   54  authority, council, committee, department, division, bureau,
   55  board, section, or any other unit or entity of the state or of a
   56  city, town, municipality, county, or other local governing body
   57  or a private nonprofit transportation service-providing agency.
   58         (13)(4) “Transportation improvement program” means a staged
   59  multiyear program of transportation improvements, including an
   60  annual element, which is developed by a metropolitan planning
   61  organization or designated official planning agency.
   62         (2)(5) “Community transportation coordinator” means a
   63  transportation entity recommended by a metropolitan planning
   64  organization, or by the appropriate designated official planning
   65  agency as provided for in ss. 427.011-427.017 in an area outside
   66  the purview of a metropolitan planning organization, to ensure
   67  that coordinated transportation services are provided to the
   68  transportation disadvantaged population in a designated service
   69  area.
   70         (14)(6) “Transportation operator” means one or more public,
   71  private for-profit, or private nonprofit entities engaged by the
   72  community transportation coordinator to provide service to
   73  transportation disadvantaged persons pursuant to a coordinated
   74  system service plan.
   75         (3)(7) “Coordinating board” means an advisory entity in
   76  each designated service area composed of representatives
   77  appointed by the metropolitan planning organization or
   78  designated official planning agency, to provide assistance to
   79  the community transportation coordinator relative to the
   80  coordination of transportation services.
   81         (9)(8) “Purchasing agency” means a department or agency
   82  whose head is an ex officio, nonvoting adviser to the
   83  commission, or an agency that purchases transportation services
   84  for the transportation disadvantaged.
   85         (8)(9) “Paratransit” means those elements of public transit
   86  which provide service between specific origins and destinations
   87  selected by the individual user with such service being provided
   88  at a time that is agreed upon by the user and provider of the
   89  service. Paratransit service is provided by taxis, limousines,
   90  “dial-a-ride,” buses, and other demand-responsive operations
   91  that are characterized by their nonscheduled, nonfixed route
   92  nature.
   93         (12)(10) “Transportation disadvantaged funds” means any
   94  local government, state, or available federal funds that are for
   95  the transportation of the transportation disadvantaged. Such
   96  funds may include, but are not limited to, funds for planning,
   97  Medicaid transportation, administration, operation, procurement,
   98  and maintenance of vehicles or equipment and capital
   99  investments. Transportation disadvantaged funds do not include
  100  funds for the transportation of children to public schools.
  101         (4)(11) “Coordination” means the arrangement for the
  102  provision of transportation services to the transportation
  103  disadvantaged in a manner that is cost-effective, efficient, and
  104  reduces fragmentation and duplication of services.
  105         (7)(12) “Nonsponsored transportation disadvantaged
  106  services” means transportation disadvantaged services that are
  107  not sponsored or subsidized by any funding source other than the
  108  Transportation Disadvantaged Trust Fund.
  109         (5) “Immediate family member” means a spouse, child,
  110  parent, sibling, grandparent, aunt, uncle, or first cousin of a
  111  person or the person’s spouse or a person who resides in the
  112  primary residence of the person.
  113         (10) “Request for service” means a request made to a
  114  transportation service provider by a person with a disability,
  115  or by such person’s immediate family member, for paratransit
  116  service.
  117         (15) “Transportation service provider” means an
  118  organization or entity that contracts with a local government to
  119  provide paratransit service for persons with disabilities.
  120         Section 2. Section 427.012, Florida Statutes, is amended to
  121  read:
  122         427.012 The Commission for the Transportation
  123  Disadvantaged.—There is created the Commission for the
  124  Transportation Disadvantaged in the Department of
  125  Transportation.
  126         (1) The commission shall consist of 14 seven members, all
  127  of whom shall be appointed by the Governor, in accordance with
  128  the requirements of s. 20.052.
  129         (2) The commission shall be composed of the following
  130  members:
  131         (a) The director of the Agency for Persons with
  132  Disabilities.
  133         (b) The Secretary of Transportation or his or her designee
  134  from within the Department of Transportation.
  135         (c) The Secretary of Children and Families or his or her
  136  designee from within the Department of Children and Families.
  137         (d) The Secretary of Elderly Affairs.
  138         (e) The State Surgeon General or his or her designee from
  139  within the Department of Health.
  140         (f) Two county managers or administrators, one from a rural
  141  county and one from a county with a population of more than
  142  150,000 according to the last state census.
  143         (g) The chief executive officer or president of a hospital
  144  in this state.
  145         (h) The director of the Division of Blind Services.
  146         (i) Five members who have experience in transit,
  147  transportation services, innovative technology, government
  148  procurement, mobility, or service of persons with disabilities
  149  or who have disabilities and use transportation for the
  150  transportation disadvantaged.
  151         (3) Appointed members shall serve 4-year terms, except that
  152  initially, to provide for staggered terms, the Governor shall
  153  appoint three members to serve 2-year terms and two members to
  154  serve 3-year terms. All subsequent appointments shall be for 4
  155  year terms. A member may be reappointed for one additional 4
  156  year term.
  157         (4) Each member must be a resident of this state.
  158         (a) Five of the members must have significant experience in
  159  the operation of a business, and it is the intent of the
  160  Legislature that, when making an appointment, the Governor
  161  select persons who reflect the broad diversity of the business
  162  community in this state, as well as the racial, ethnic,
  163  geographical, and gender diversity of the population of this
  164  state.
  165         (b) Two of the members must have a disability and use the
  166  transportation disadvantaged system.
  167         (c) Each member shall represent the needs of the
  168  transportation disadvantaged throughout the state. A member may
  169  not subordinate the needs of the transportation disadvantaged in
  170  general in order to favor the needs of others residing in a
  171  specific location in the state.
  172         (d) Each member shall be appointed to a term of 4 years. A
  173  member may be reappointed for one additional 4-year term.
  174         (e) Each member must be a resident of the state and a
  175  registered voter.
  176         (f) At any given time, at least one member must be at least
  177  65 years of age.
  178         (g) The Secretary of Transportation, the Secretary of
  179  Children and Families, the Secretary of Economic Opportunity,
  180  the executive director of the Department of Veterans’ Affairs,
  181  the Secretary of Elderly Affairs, the Secretary of Health Care
  182  Administration, the director of the Agency for Persons with
  183  Disabilities, and a county manager or administrator who is
  184  appointed by the Governor, or a senior management level
  185  representative of each, shall serve as ex officio, nonvoting
  186  advisors to the commission.
  187         (h) A member may not, within the 5 years immediately before
  188  his or her appointment, or during his or her term on the
  189  commission, have or have had a financial relationship with, or
  190  represent or have represented as a lobbyist as defined in s.
  191  11.045, the following:
  192         1. A transportation operator;
  193         2. A community transportation coordinator;
  194         3. A metropolitan planning organization;
  195         4. A designated official planning agency;
  196         5. A purchaser agency;
  197         6. A local coordinating board;
  198         7. A broker of transportation; or
  199         8. A provider of transportation services.
  200         (5)(2) The chair of the commission chairperson shall be
  201  appointed by the Governor, and the vice chair chairperson of the
  202  commission shall be elected annually from the membership of the
  203  commission.
  204         (6)(3) Members of the commission shall serve without
  205  compensation but shall be allowed per diem and travel expenses,
  206  as provided in s. 112.061.
  207         (7)(4) The commission shall meet at least quarterly, or
  208  more frequently at the call of the chair chairperson. Eight Four
  209  members of the commission constitute a quorum, and a majority
  210  vote of the members present is necessary for any action taken by
  211  the commission.
  212         (8)(5) The Governor may remove any member of the commission
  213  for cause.
  214         (6) Each candidate for appointment to the commission must,
  215  before accepting the appointment, undergo background screening
  216  under s. 435.04 by filing with the Department of Transportation
  217  a complete set of fingerprints taken by an authorized law
  218  enforcement agency. The fingerprints must be submitted to the
  219  Department of Law Enforcement for state processing, and that
  220  department shall submit the fingerprints to the Federal Bureau
  221  of Investigation for federal processing. The Department of
  222  Transportation shall screen the background results and inform
  223  the commission of any candidate who does not meet level 2
  224  screening standards. A candidate who has not met level 2
  225  screening standards may not be appointed to the commission. The
  226  cost of the background screening may be borne by the Department
  227  of Transportation or the candidate.
  228         (9)(7) The commission shall appoint an executive director
  229  who shall serve under the direction, supervision, and control of
  230  the commission. The executive director, with the consent of the
  231  commission, shall employ such personnel as may be necessary to
  232  perform adequately the functions of the commission within
  233  budgetary limitations. Employees of the commission are exempt
  234  from the Career Service System.
  235         (10)(8) The commission shall appoint a technical working
  236  group that includes representatives of private paratransit
  237  providers. The technical working group shall advise the
  238  commission on issues of importance to the state, including
  239  information, advice, and direction regarding the coordination of
  240  services for the transportation disadvantaged. The commission
  241  may appoint other technical working groups whose members may
  242  include representatives of community transportation
  243  coordinators; metropolitan planning organizations; regional
  244  planning councils; experts in insurance, marketing, economic
  245  development, or financial planning; and persons who use
  246  transportation for the transportation disadvantaged, or their
  247  relatives, parents, guardians, or service professionals who tend
  248  to their needs.
  249         (11)(9) The commission is assigned to the office of the
  250  secretary of the Department of Transportation for administrative
  251  and fiscal accountability purposes, but it shall otherwise
  252  function independently of the control, supervision, and
  253  direction of the department.
  254         (12)(10) The commission shall develop a budget pursuant to
  255  chapter 216. The budget is not subject to change by the
  256  department staff after it has been approved by the commission,
  257  but it shall be transmitted to the Governor, as head of the
  258  department, along with the budget of the department.
  259         Section 3. Present subsections (8) through (29) of section
  260  427.013, Florida Statutes, are redesignated as subsections (10)
  261  through (31), respectively, new subsections (8) and (9) are
  262  added to that section, and subsection (5) and present
  263  subsections (13), (20), and (28) of that section are amended, to
  264  read:
  265         427.013 The Commission for the Transportation
  266  Disadvantaged; purpose and responsibilities.—The purpose of the
  267  commission is to accomplish the coordination of transportation
  268  services provided to the transportation disadvantaged. The goal
  269  of this coordination is to assure the cost-effective provision
  270  of transportation by qualified community transportation
  271  coordinators or transportation operators for the transportation
  272  disadvantaged without any bias or presumption in favor of
  273  multioperator systems or not-for-profit transportation operators
  274  over single operator systems or for-profit transportation
  275  operators. In carrying out this purpose, the commission shall:
  276         (5) Serve as a clearinghouse for information about
  277  transportation disadvantaged services, training, funding
  278  sources, innovations, and coordination efforts and provide best
  279  practices, latest technology innovations, and preferential
  280  vendors lists to county transportation disadvantaged program
  281  managers.
  282         (8) Annually review and conduct a performance audit of each
  283  coordinator contract and transportation operator contract in
  284  each county.
  285         (9) Establish a system for the filing, receipt, and
  286  resolution of complaints regarding the transportation
  287  disadvantaged system.
  288         (15)(13) Make an annual report to the Governor, the
  289  President of the Senate, and the Speaker of the House of
  290  Representatives by January 1 of each year. The report shall
  291  summarize for each county the number of complaints filed
  292  regarding the transportation disadvantaged system, contract
  293  satisfaction, a breakdown of the total cost of services, the
  294  amount of funds provided by the commission, and the results of
  295  annual performance audits.
  296         (22)(20) Ensure that drivers of motor vehicles used to
  297  provide paratransit service attend Design and develop
  298  transportation disadvantaged training programs delivered by the
  299  Agency for Persons with Disabilities.
  300         (30)(28) In consultation with the Agency for Health Care
  301  Administration and the Department of Transportation, develop an
  302  allocation methodology that equitably distributes all
  303  transportation funds under the control of the commission to
  304  compensate counties, community transportation coordinators, and
  305  other entities providing transportation disadvantaged services.
  306  The methodology shall separately account for Medicaid
  307  beneficiaries. The methodology shall consider such factors as
  308  the actual costs of each transportation disadvantaged trip based
  309  on prior-year information, efficiencies that a provider might
  310  adopt to reduce costs, results of the rate and cost comparisons
  311  conducted under subsections (26) (24) and (27) (25), as well as
  312  cost efficiencies of trips when compared to the local cost of
  313  transporting the general public. This subsection does not
  314  supersede the authority of the Agency for Health Care
  315  Administration to distribute Medicaid funds.
  316         Section 4. Subsection (4) of section 427.0159, Florida
  317  Statutes, is amended to read:
  318         427.0159 Transportation Disadvantaged Trust Fund.—
  319         (4) A purchasing agency may deposit funds into the
  320  Transportation Disadvantaged Trust Fund for the commission to
  321  implement, manage, and administer the purchasing agency’s
  322  transportation disadvantaged funds, as defined in s. 427.011 s.
  323  427.011(10).
  324         Section 5. Section 427.02, Florida Statutes, is created to
  325  read:
  326         427.02 Transportation services for persons with
  327  disabilities.—
  328         (1) A transportation service provider must:
  329         (a) Provide training to each driver of a motor vehicle used
  330  to provide paratransit service to persons with disabilities
  331  which, at a minimum, meets requirements established by the
  332  Agency for Persons with Disabilities for training and
  333  professional development of staff providing direct services to
  334  clients of the agency.
  335         (b)1. Install an interior video camera monitoring system in
  336  each motor vehicle used to provide paratransit service to
  337  persons with disabilities. Each component of the interior video
  338  camera monitoring system must be mounted securely inside the
  339  motor vehicle, must be located outside the head protection zone
  340  as described in 49 C.F.R. s. 571.222, must be located in an area
  341  in which the component is not likely to cause injury, and must
  342  have no sharp edges or projections.
  343         2. Upon request, provide access to footage captured by an
  344  interior video camera monitoring system to the local government,
  345  the Department of Transportation, the Agency for Persons with
  346  Disabilities, or a parent, legal guardian, caretaker, or
  347  immediate family member of a person who receives paratransit
  348  service from the transportation service provider.
  349         (c) Offer Internet-based, application-based, and
  350  smartphone-based ride booking and vehicle tracking services.
  351  Each of these services must be provided in accessible formats.
  352         (d) Regularly maintain and upgrade all technology-based
  353  services.
  354         (e) Offer both pre-booking and on-demand service to
  355  paratransit service users.
  356         (2) A transportation service provider, in collaboration
  357  with the local government with which the provider contracts,
  358  shall establish:
  359         (a) Reasonable time periods between a request for service
  360  and the arrival of the transportation service provider at the
  361  location specified in the request, taking into account the
  362  number of persons requesting paratransit service on the same
  363  date, the distance between locations, usual or expected traffic
  364  conditions during the provision of paratransit service, and any
  365  other factor deemed necessary by the provider or the local
  366  government. If a transportation service provider exhibits a
  367  pattern of late arrivals based on such established reasonable
  368  time periods, the local government may authorize another
  369  provider to provide such paratransit service, including the
  370  acceptance of any prepaid vouchers for future paratransit
  371  service, notwithstanding the terms of the contract with the
  372  original provider.
  373         (b) Best practices for limiting the duration of travel
  374  times for persons receiving paratransit service. To avoid
  375  unreasonably long travel times, the provider and the local
  376  government shall consider the level of service offered to
  377  persons without disabilities by a public entity operating a
  378  fixed route as compared to the level of paratransit service
  379  offered by the transportation service provider in accordance
  380  with 49 C.F.R. s. 37.121.
  381         (c) Transparency regarding the quality of paratransit
  382  service provided by the transportation service provider,
  383  including, but not limited to, data relating to the timeliness
  384  of paratransit service provided and the handling of complaints.
  385         (d) An efficient system for the reporting of adverse
  386  incidents occurring during the provision of paratransit service
  387  to persons with disabilities. Such system may include the
  388  assignment of a quick-response code to each motor vehicle used
  389  to provide such service for the purpose of reporting adverse
  390  incidents with a smartphone or other mobile device. Reports of
  391  adverse incidents received by the local government or the
  392  transportation service provider shall be submitted to the Agency
  393  for Persons with Disabilities and the Department of
  394  Transportation.
  395         (3) The Agency for Persons with Disabilities, in
  396  collaboration with the Department of Transportation, shall
  397  establish requirements for the investigation of adverse
  398  incidents reported pursuant to paragraph (2)(d), including
  399  periodic review of ongoing investigations and documentation of
  400  final outcomes thereof. The investigation of a reported adverse
  401  incident must commence within 48 hours after receipt of the
  402  report by the agency and the department.
  403         (4) The provisions of s. 287.057 which exempt the purchase
  404  of contractual services from competitive bidding requirements do
  405  not apply to contracts entered into by local governments and
  406  transportation service providers for the provision of
  407  paratransit service to persons with disabilities under this
  408  section.
  409         Section 6. This act shall take effect July 1, 2024.