Senate Bill 1492c1

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



    Florida Senate - 1998                  CS for SB's 1492 & 1242

    By the Committee on Transportation and Senators Hargrett and
    Forman




    306-2072B-98

  1                      A bill to be entitled

  2         An act relating to the transportation

  3         disadvantaged; creating s. 186.024, F.S.;

  4         requiring agencies to develop a joint strategic

  5         plan for providing services to the

  6         transportation disadvantaged; amending s.

  7         427.011, F.S.; revising definitions; amending

  8         s. 427.012, F.S.; revising the membership of

  9         the Commission for the Transportation

10         Disadvantaged; amending s. 427.013, F.S.;

11         revising the purpose and responsibilities of

12         the commission; creating s. 427.0133, F.S.;

13         establishing functions and responsibilities of

14         the Department of Transportation relating to

15         the transportation disadvantaged; amending s.

16         427.0135, F.S.; revising the duties and

17         responsibilities of agencies that purchase

18         transportation disadvantaged services; amending

19         s. 427.015, F.S.; revising the function of the

20         metropolitan planning organization or

21         designated official planning agency in

22         coordinating transportation for the

23         transportation disadvantaged; amending s.

24         427.0155, F.S.; revising the powers and duties

25         of community transportation coordinators;

26         creating s. 427.0156, F.S.; providing for the

27         membership and organization of local

28         coordinating boards; amending s. 427.0157,

29         F.S.; revising the powers and duties of local

30         coordinating boards; amending s. 427.0159,

31         F.S.; revising provisions with respect to the

                                  1

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1         Transportation Disadvantaged Trust Fund;

  2         amending s. 427.016, F.S.; revising provisions

  3         with regard to the expenditure of funds for the

  4         transportation disadvantaged; conforming

  5         provisions; providing an effective date.

  6

  7  Be It Enacted by the Legislature of the State of Florida:

  8

  9         Section 1.  Section 186.024, Florida Statutes, is

10  created to read:

11         186.024  Transportation services to the transportation

12  disadvantaged program; legislative findings and intent;

13  strategic plan; interagency agreement; agency

14  responsibilities.--

15         (1)  The Legislature finds and declares that it is

16  necessary to implement a cost-effective and coordinated

17  program for providing transportation services to the

18  transportation disadvantaged in order to provide quality

19  services to Florida's transportation disadvantaged citizens.

20  The Legislature further finds that in order to develop a

21  cost-effective and coordinated system among all state agencies

22  and local governments, elimination of duplication of effort

23  among purchasing agencies and carefully planned interagency

24  cooperation are of primary importance.

25         (2)  The Department of Transportation, the Department

26  of Elderly Affairs, the Department of Children and Family

27  Services, the Department of Labor and Employment Security, and

28  the Agency for Health Care Administration shall cooperatively

29  prepare a joint strategic plan relating to cost-effective

30  delivery of services to the transportation disadvantaged. The

31  plan must include, but is not limited to, the following:

                                  2

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1         (a)  Identification of the program or unit within each

  2  agency which has the responsibility for delivering services to

  3  the transportation disadvantaged and accounting for funds

  4  appropriated and spent for transportation disadvantaged

  5  services by each agency.

  6         (b)  Identification of strategies for coordination of

  7  transportation services on an interagency basis and a

  8  description of interagency progress on implementation of

  9  coordinating strategies.

10         (c)  Identification of strategies for eliminating

11  duplication and fragmentation of services on an interagency

12  basis and a description of interagency progress on

13  implementing such strategies.

14         (d)  Identification of strategies to improve delivery

15  of transportation services for the transportation

16  disadvantaged at the local level, including coordination and

17  integration of transportation services, provisions for the

18  development of public and private partnerships for the

19  continuum of services, and incentive programs to reward local

20  transportation disadvantaged programs that realize cost

21  savings.

22         (e)  Identification of barriers affecting

23  implementation of strategies and activities to provide

24  cost-effective and coordinated transportation services to the

25  transportation disadvantaged.

26         (f)  Identification of methods of comparing program

27  costs and other performance measures and identification of

28  standardized reporting procedures to enhance data collection

29  and analysis on an interagency basis.

30         (g)  Recommendations, if any, for legislative,

31  administrative, or budgetary changes. The recommendations must

                                  3

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1  include recommendations regarding a consolidation and pooling

  2  of all transportation disadvantaged service funds, including

  3  Medicaid funds. Such budget recommendations must be consistent

  4  with the goals of the joint strategic plan and with the

  5  continuum of comprehensive services.

  6         (h)  Strategies to ensure that agencies purchase trips

  7  within the coordinated system, unless they use a more

  8  cost-effective alternative provider.

  9         (i)  Strategies to ensure that all procedures,

10  guidelines, and directives issued by agencies are conducive to

11  the coordination of transportation services.

12         (j)  Identification of minimum criteria covering

13  coordination, operation, costs, and use of transportation

14  disadvantaged services.

15         (k)  Identification of minimum quality-assurance and

16  performance-evaluation guidelines for use by local

17  coordinating boards in assessing services contracted for by an

18  agency and those provided by a community transportation

19  coordinator and transportation operators.

20         (m)  Development of an interagency uniform contracting

21  and billing and accounting system that is to be used by all

22  community transportation coordinators and their transportation

23  operators.

24         (3)  The departments designated in this section shall

25  forward the joint strategic plan described in this section to

26  the Executive Office of the Governor in the same manner as

27  provided in s. 186.022 for agency strategic plans. The joint

28  strategic plan must be prepared, reviewed, and submitted to

29  the Legislature in accordance with s. 186.022(1)-(7). At least

30  biennially, the department shall readdress the joint strategic

31

                                  4

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1  plan submitted under this section and recommend changes to the

  2  Executive Office of the Governor.

  3         (4)  The Department of Transportation shall be the lead

  4  agency to ensure the development of the joint strategic plan

  5  and implementation through a joint interagency agreement.

  6         (5)  At least every 2 years, the department shall

  7  readdress the joint strategic plan and joint interagency

  8  agreement adopted under this section and make appropriate

  9  changes if necessary.

10         (6)  The departments designated in this section shall

11  comply with the provisions of this section. Agency heads of

12  such departments shall designate appropriate agency personnel

13  to carry out interagency responsibilities for developing the

14  joint strategic plan and joint interagency agreement and for

15  coordinating and monitoring implementation of the

16  transportation services to the transportation disadvantaged

17  program.

18         Section 2.  Section 427.011, Florida Statutes, is

19  amended to read:

20         427.011  Definitions.--For the purposes of ss.

21  427.011-427.017:

22         (1)  "Transportation disadvantaged" means those persons

23  who because of physical or mental disability, income status,

24  or age are unable to transport themselves or to purchase

25  transportation and are, therefore, dependent upon others to

26  obtain access to health care, employment, education, shopping,

27  social activities, or other life-sustaining activities, or

28  children who are handicapped or high-risk or at-risk as

29  defined in s. 411.202.

30         (2)  "Metropolitan planning organization" means the

31  organization responsible for carrying out transportation

                                  5

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1  planning and programming in accordance with the provisions of

  2  23 U.S.C. s. 134, as provided in 23 U.S.C. s. 104(f)(3).

  3         (3)  "Agency" means an official, officer, commission,

  4  authority, council, committee, department, division, bureau,

  5  board, section, or any other unit or entity of the state or of

  6  a city, town, municipality, county, or other local governing

  7  body or a private nonprofit transportation service-providing

  8  agency.

  9         (4)  "Transportation improvement program" means a

10  staged multiyear program of transportation improvements,

11  including an annual element, which is developed by a

12  metropolitan planning organization or designated official

13  planning agency.

14         (5)  "Community transportation coordinator" means a

15  transportation entity recommended by a metropolitan planning

16  organization, or by the appropriate designated official

17  planning agency as provided for in ss. 427.011-427.017 in an

18  area outside the purview of a metropolitan planning

19  organization, to ensure that coordinated transportation

20  services are provided to the transportation disadvantaged

21  population in a designated service area.

22         (6)  "Transportation operator" means one or more

23  public, private for-profit, or private nonprofit entities

24  engaged by the community transportation coordinator to provide

25  service to transportation disadvantaged persons pursuant to a

26  coordinated system service plan.

27         (7)  "Local coordinating board" means an advisory

28  entity in each designated service area composed of

29  representatives designated under s. 427.0156 appointed by the

30  metropolitan planning organization or designated official

31  planning agency, to provide direction and oversight assistance

                                  6

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1  to the community transportation coordinator relative to the

  2  coordination of transportation services.

  3         (8)  "Member department" means a department whose head

  4  is a member of the commission.

  5         (8)(9)  "Paratransit" means those elements of public

  6  transit which provide service between specific origins and

  7  destinations selected by the individual user with such service

  8  being provided at a time that is agreed upon by the user and

  9  provider of the service.  Paratransit service is provided by

10  taxis, limousines, "dial-a-ride," buses, and other

11  demand-responsive operations that are characterized by their

12  nonscheduled, nonfixed route nature.

13         (9)(10)  "Transportation disadvantaged funds" means any

14  local government, state, or available federal funds that are

15  for the transportation of the transportation disadvantaged.

16  Such funds may include, but are not limited to, funds for

17  planning, Medicaid transportation, administration, operation,

18  procurement, and maintenance of vehicles or equipment and

19  capital investments. Transportation disadvantaged funds do not

20  include funds for the transportation of children to public

21  schools.

22         (10)(11)  "Coordination" means the arrangement for the

23  provision of transportation services to the transportation

24  disadvantaged in a manner that is cost-effective, efficient,

25  and reduces fragmentation and duplication of services.

26         (11)(12)  "Annual budget estimate" means a budget

27  estimate of funding resources available for providing

28  transportation services to the transportation disadvantaged

29  and which is prepared annually to cover a period of 1 state

30  fiscal year.

31

                                  7

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1         (12)(13)  "Nonsponsored transportation disadvantaged

  2  services" means transportation disadvantaged services that are

  3  not sponsored or subsidized by any funding source other than

  4  the Transportation Disadvantaged Trust Fund.

  5         Section 3.  Section 427.012, Florida Statutes, is

  6  amended to read:

  7         427.012  The Commission for the Transportation

  8  Disadvantaged.--There is created the Commission for the

  9  Transportation Disadvantaged in the Department of

10  Transportation.

11         (1)  The commission shall consist of the following

12  members:

13         (a)  The secretary of the Department of Transportation

14  or the secretary's designee.

15         (b)  The secretary of the Department of Children and

16  Family Health and Rehabilitative Services or the secretary's

17  designee.

18         (c)  The Commissioner of Education or the

19  commissioner's designee.

20         (c)(d)  The secretary of the Department of Labor and

21  Employment Security or the secretary's designee.

22         (e)  The executive director of the Department of

23  Veterans' Affairs or the executive director's designee.

24         (d)(f)  The secretary of the Department of Elderly

25  Affairs or the secretary's designee.

26         (e)(g)  The director of the Agency for Health Care

27  Administration or the director's designee.

28         (f)  One representative of public agencies providing

29  public transit services. Such person shall be appointed by the

30  Governor, subject to confirmation by the Senate, to serve a

31  term of 4 years.

                                  8

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1         (g)  A person who uses the transportation services of

  2  the coordinated system as their primary means of

  3  transportation. Such person shall be appointed by the

  4  Governor, subject to confirmation by the Senate, to serve a

  5  term of 4 years.

  6         (h)  A representative of the Florida Association for

  7  Community Action, who shall serve at the pleasure of that

  8  association.

  9         (i)  A representative of the Florida Transit

10  Association, who shall serve at the pleasure of that

11  association.

12         (j)  A person over the age of 60 who is a member of a

13  recognized statewide organization representing elderly

14  Floridians. Such person shall be appointed by the Governor to

15  represent elderly Floridians and shall be appointed to serve a

16  term of 4 years.

17         (k)  A handicapped person who is a member of a

18  recognized statewide organization representing handicapped

19  Floridians. Such person shall be appointed by the Governor to

20  represent handicapped Floridians and shall be appointed to

21  serve a term of 4 years.

22         (l)  Two citizen advocate representatives who shall be

23  appointed by the Governor for a term of 4 years, one

24  representing rural citizens and one representing urban

25  citizens.

26         (m)  A representative of the community transportation

27  coordinators. Such person shall be appointed by the Governor

28  to represent all community transportation coordinators and

29  shall be appointed to serve a term of 4 years.

30         (n)  One member of the Early Childhood Council. Such

31  person shall be appointed by the Governor to represent

                                  9

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1  maternal and child health care providers and shall be

  2  appointed to serve a term of 4 years.

  3         (h)(o)  One representative Two representatives of

  4  current private for-profit or private not-for-profit

  5  transportation operators who has each of which have a minimum

  6  of 5 years of continuous experience operating a broad-based

  7  system of ambulatory and wheelchair/stretcher type

  8  transportation, utilizing not less than 20 50 vehicles and

  9  including dispatch and scheduling responsibilities. Such

10  person persons shall be appointed by the Governor, subject to

11  Senate confirmation Commissioner of Agriculture to serve a

12  term of 4 years.

13         (i)  One representative of the counties. Such person

14  must currently be serving as a county administrator or in a

15  comparable senior management position and shall be appointed

16  by the Governor, subject to confirmation by the Senate, to

17  represent the state-local partnership and the considerable

18  local investment in the coordinated system. Such person shall

19  be appointed to serve a term of 4 years, or until such

20  member's term of service on the board of county commissioners

21  terminates, whichever occurs first.

22         (p)  Four representatives of current private for-profit

23  or private not-for-profit transportation operators, each of

24  which having a minimum of 5 years of continuous experience

25  operating a broad-based system of ambulatory and wheelchair or

26  stretcher-type transportation, utilizing not less than 50

27  vehicles, and including dispatch and scheduling

28  responsibilities. Such persons shall be appointed by the

29  Commissioner of Agriculture to serve a term of 4 years.

30         (q)  Six citizens representing the nontransportation

31  business community of the state, three members appointed by

                                  10

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1  the President of the Senate and three members appointed by the

  2  Speaker of the House of Representatives.

  3         (2)  The chairperson and vice chairperson of the

  4  commission shall be elected annually from the state agency

  5  membership of the commission.

  6         (3)  Members of the commission shall serve without

  7  compensation but shall be allowed per diem and travel

  8  expenses, as provided in s. 112.061.

  9         (4)  The commission shall meet at least quarterly, or

10  more frequently at the call of the chairperson. Five Nine

11  members of the commission constitute a quorum, and a majority

12  vote of the members present is necessary for any action taken

13  by the commission.

14         (5)  The Governor may remove any member of the

15  commission for cause.

16         (6)  The commission shall appoint an executive director

17  who shall serve under the direction, supervision, and control

18  of the commission. The executive director, with the consent of

19  the commission, shall employ such personnel as may be

20  necessary to perform adequately the functions of the

21  commission within budgetary limitations. All employees of the

22  commission are exempt from the Career Service System.

23         (6)(7)  The commission is assigned to the office of the

24  secretary of the Department of Transportation for

25  administrative and fiscal accountability purposes, but it

26  shall otherwise function independently of the control,

27  supervision, and direction of the department.

28         (8)  The commission shall develop a budget pursuant to

29  chapter 216. The budget is not subject to change by the

30  department staff after it has been approved by the commission,

31

                                  11

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1  but it shall be transmitted to the Governor, as head of the

  2  department, along with the budget of the department.

  3         Section 4.  Section 427.013, Florida Statutes, is

  4  amended to read:

  5         427.013  The Commission for the Transportation

  6  Disadvantaged; purpose and responsibilities.--The purpose of

  7  the commission is to review and evaluate the performance of

  8  the coordinated accomplish the coordination of transportation

  9  services provided to the transportation disadvantaged and to

10  annually report its findings and recommendations to the

11  Department of Transportation, the Governor, and the

12  Legislature. The evaluation will consider the extent to which

13  the coordinated system achieves its goal of this coordination

14  shall be to assure the cost-effective provision of

15  transportation by qualified community transportation

16  coordinators or transportation operators for the

17  transportation disadvantaged without any bias or presumption

18  in favor of multioperator systems or not-for-profit

19  transportation operators over single operator systems or

20  for-profit transportation operators. In carrying out this

21  purpose, the commission shall:

22         (1)  Evaluate the effectiveness of the transportation

23  disadvantaged program and make recommendations to the

24  Department of Transportation, the Governor, and the

25  Legislature.

26         (2)  Conduct open hearings and working meetings of the

27  commission no less than quarterly in order to view, hear, and

28  review all aspects of the program and to prepare

29  recommendations concerning the program for the Department of

30  Transportation, the Governor, and the Legislature.

31

                                  12

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1         (3)  Prepare and provide a report to the Governor and

  2  the Legislature by January 31 of each year which will include,

  3  at a minimum, an overall evaluation of the effectiveness of

  4  the program, recommendations for any changes deemed

  5  appropriate, and a recommendation regarding whether the

  6  program is serving its purpose and whether it should be

  7  continued.

  8         (4)  Establish a rate-setting process for use by local

  9  boards and coordinators in setting and evaluating local

10  provider rates.

11         (5)  Establish a "rate and quality of service review

12  committee" composed of the state purchasing agency

13  representatives and the Department of Transportation

14  representative to review and approve or disapprove all rate

15  and quality of service issues that agency representatives

16  cannot resolve at the local board level.

17         (1)  Compile all available information on the

18  transportation operations for and needs of the transportation

19  disadvantaged in the state.

20         (2)  Establish statewide objectives for providing

21  transportation services for the transportation disadvantaged.

22         (3)  Develop policies and procedures for the

23  coordination of local government, federal, and state funding

24  for the transportation disadvantaged.

25         (4)  Identify barriers prohibiting the coordination and

26  accessibility of transportation services to the transportation

27  disadvantaged and aggressively pursue the elimination of these

28  barriers.

29         (5)  Serve as a clearinghouse for information about

30  transportation disadvantaged services, training, funding

31  sources, innovations, and coordination efforts.

                                  13

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1         (6)  Assist communities in developing transportation

  2  systems designed to serve the transportation disadvantaged.

  3         (7)  Assure that all procedures, guidelines, and

  4  directives issued by member departments are conducive to the

  5  coordination of transportation services.

  6         (8)(a)  Assure that member departments purchase all

  7  trips within the coordinated system, unless they use a more

  8  cost-effective alternative provider.

  9         (b)  Provide, by rule, criteria and procedures for

10  member departments to use if they wish to use an alternative

11  provider. Departments must demonstrate either that the

12  proposed alternative provider can provide a trip of acceptable

13  quality for the clients at a lower cost than that provided

14  within the coordinated system, or that the coordinated system

15  cannot accommodate the department's clients.

16         (9)  Develop standards covering coordination,

17  operation, costs, and utilization of transportation

18  disadvantaged services. These standards shall include, but not

19  be limited to:

20         (a)  Inclusion, by rule, of acceptable ranges of trip

21  costs for the various modes and types of transportation

22  services provided. 

23         (b)  Minimum performance standards for the delivery of

24  services. These standards should be included in coordinator

25  and operator contracts with clear penalties for repeated or

26  continuing violations.

27         (10)  Develop and monitor rules and procedures to

28  implement the provisions of ss. 427.011-427.017.

29         (11)  Approve the appointment of all community

30  transportation coordinators.

31

                                  14

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1         (12)  Have the authority to apply for and accept funds,

  2  grants, gifts, and services from the Federal Government, state

  3  government, local governments, or private funding sources.

  4  Applications by the commission for local government funds

  5  shall be coordinated through the appropriate coordinating

  6  board. Funds acquired or accepted under this subsection shall

  7  be administered by the commission and shall be used to carry

  8  out the commission's responsibilities.

  9         (13)  Make an annual report to the Governor, the

10  President of the Senate, and the Speaker of the House of

11  Representatives by January 1 of each year.

12         (14)  Consolidate, for each state agency, the annual

13  budget estimates for transportation disadvantaged services,

14  and the amounts of each agency's actual expenditures, together

15  with the annual budget estimates of each official planning

16  agency, local government, and directly federally funded agency

17  and issue a report.

18         (15)  Prepare a statewide 5-year transportation

19  disadvantaged plan which addresses the transportation problems

20  and needs of the transportation disadvantaged, which is fully

21  coordinated with local transit plans, compatible with local

22  government comprehensive plans, and which ensures that the

23  most cost-effective and efficient method of providing

24  transportation to the disadvantaged is programmed for

25  development.

26         (16)  Review and approve memorandums of agreement for

27  the provisions of coordinated transportation services.

28         (17)  Review, monitor, and coordinate all

29  transportation disadvantaged local government, state, and

30  federal fund requests and plans for conformance with

31  commission policy, without delaying the application process.

                                  15

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1  Such funds shall be available only to those entities

  2  participating in an approved coordinated transportation system

  3  or entities which have received a commission-approved waiver

  4  to obtain all or part of their transportation through another

  5  means. This process shall identify procedures for coordinating

  6  with the state's intergovernmental coordination and review

  7  procedures and s. 216.212(1) and any other appropriate grant

  8  review process.

  9         (18)  Develop an interagency uniform contracting and

10  billing and accounting system that shall be used by all

11  community transportation coordinators and their transportation

12  operators.

13         (19)  Develop and maintain a transportation

14  disadvantaged manual.

15         (20)  Design and develop transportation disadvantaged

16  training programs.

17         (21)  Coordinate all transportation disadvantaged

18  programs with appropriate state, local, and federal agencies

19  and public transit agencies to ensure compatibility with

20  existing transportation systems.

21         (22)  Designate the official planning agency in areas

22  outside of the purview of a metropolitan planning

23  organization.

24         (23)  Develop need-based criteria that must be used by

25  all community transportation coordinators to prioritize the

26  delivery of nonsponsored transportation disadvantaged services

27  that are purchased with Transportation Disadvantaged Trust

28  Fund moneys.

29         (24)  Establish a review procedure to compare the rates

30  proposed by alternate transportation operators with the rates

31

                                  16

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1  charged by a community transportation coordinator to determine

  2  which rate is more cost-effective.

  3         (25)  Conduct a cost-comparison study of

  4  single-coordinator, multicoordinator, and brokered community

  5  transportation coordinator networks to ensure that the most

  6  cost-effective and efficient method of providing

  7  transportation to the transportation disadvantaged is

  8  programmed for development.

  9         (26)  Develop a quality assurance and management review

10  program to monitor, based upon approved commission standards,

11  services contracted for by an agency, and those provided by a

12  community transportation operator pursuant to s. 427.0155.

13  Staff of the quality assurance and management review program

14  shall function independently and be directly responsible to

15  the executive director.

16         Section 5.  Section 427.0133, Florida Statutes, is

17  created to read:

18         427.0133  The Department of Transportation; functions

19  and responsibilities.--The Department of Transportation will

20  perform all the administrative functions necessary to

21  accomplish the coordination of transportation services

22  provided to the transportation disadvantaged. The goal of this

23  coordination shall be to assure the cost-effective provision

24  of transportation by qualified community transportation

25  coordinators or transportation operators for the

26  transportation disadvantaged without any bias or presumption

27  in favor of multioperator systems or not-for-profit

28  transportation operators over single operator systems or

29  for-profit transportation operators. In carrying out this

30  purpose, the department shall:

31

                                  17

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1         (1)  Compile all available information on the

  2  transportation operations for and needs of the transportation

  3  disadvantaged in the state.

  4         (2)  Develop policies and procedures for the

  5  coordination of local government, federal, and state funding

  6  for the transportation disadvantaged.

  7         (3)  Identify barriers impeding the coordination and

  8  accessibility of transportation services to the transportation

  9  disadvantaged and pursue the elimination of these barriers.

10         (4)  Serve as a clearinghouse for information about

11  transportation disadvantaged services, training, funding

12  sources, innovations, and coordination efforts.

13         (5)  Assist communities in developing transportation

14  systems designed to serve the transportation disadvantaged.

15         (6)  Contract with the Center for Urban Transportation

16  Research to develop a basic services rate model to identify

17  minimum standards and services that are common to all agencies

18  and add-on charges that may be assessed for any

19  agency-specific requirements above this base.

20         (7)  Develop baseline measures for use by local

21  coordinating boards in evaluating the performance of the

22  transportation disadvantaged program in their service areas.

23  The measures may be both quantitative and qualitative. The

24  measures must, at a minimum, assess performance in the

25  following areas:

26         (a)  Cost efficiency of the coordinated system;

27         (b)  Service efficiency of the coordinated system;

28         (c)  Service availability of the coordinated system;

29         (d)  System safety and service quality;

30         (e)  Use of transportation alternatives operating

31  within the coordinated system; and

                                  18

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1         (f)  System effectiveness in improving the overall

  2  mobility of the transportation disadvantaged.

  3         (8)  Develop and monitor rules and procedures to

  4  implement the provisions of ss. 427.011-427.017.

  5         (9)  Have the authority to apply for and accept funds,

  6  grants, gifts, and services from the federal government, state

  7  government, local government, or private funding sources.

  8  Applications by the department for local government funds

  9  shall be coordinated through the appropriate local

10  coordinating board. Funds acquired or accepted under this

11  subsection shall be administered by the department and shall

12  be used to carry out the department's responsibilities as

13  provided in this section.

14         (10)  Prepare a statewide 5-year transportation

15  disadvantaged plan that addresses the transportation problems

16  and needs of the transportation disadvantaged, that is fully

17  coordinated with local transit plans, and compatible with

18  local government comprehensive plans, and that ensures that

19  the most cost-effective and efficient method of providing

20  transportation to the disadvantaged is programmed for

21  development.

22         (11)  Review memorandums of agreement for the provision

23  of coordinated transportation services.

24         (12)  Designate the official planning agency in areas

25  outside the purview of a metropolitan planning organization.

26         (13)  Provide staff support needed by the commission to

27  carry out its functions and responsibilities.

28         Section 6.  Subsections (1) and (2) of section

29  427.0135, Florida Statutes, are amended to read:

30

31

                                  19

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1         427.0135  Member departments; duties and

  2  responsibilities.--Each member department, in carrying out the

  3  policies and procedures of the commission, shall:

  4         (1)(a)  Use the coordinated transportation system for

  5  provision of services to its clients, unless each department

  6  or agency meets the criteria outlined in this section in rule

  7  to use an alternative provider.

  8         (a)  If a member department representative on the local

  9  coordinating board cannot concur with a quality of service or

10  rate issue, the member department representative may refer

11  these issues to the commission rate and quality of service

12  review committee for review and approval or disapproval.

13         (b)  Subject to the provisions of s. 409.908(18), the

14  Medicaid agency shall purchase transportation services through

15  the community coordinated transportation system unless an

16  option to purchase outside the system is obtained in

17  accordance with the provisions of s. 427.0135(1)(a) a more

18  cost-effective method is determined by the agency for Medicaid

19  clients or unless otherwise limited or directed by the General

20  Appropriations Act.

21         (2)  Provide the Department of Transportation

22  commission, by September 15 of each year, an accounting of all

23  funds spent as well as how many trips were purchased with

24  agency funds.

25         Section 7.  Section 427.015, Florida Statutes, is

26  amended to read:

27         427.015  Function of the metropolitan planning

28  organization or designated official planning agency in

29  coordinating transportation for the transportation

30  disadvantaged.--

31

                                  20

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1         (1)  The metropolitan planning organization, or

  2  designated official planning agency if no metropolitan

  3  planning organization exists, shall assist in the coordination

  4  of transportation services provided to the transportation

  5  disadvantaged. The goal of this coordination is to assure that

  6  cost-effective transportation services are provided to the

  7  transportation disadvantaged by qualified community

  8  transportation coordinators.

  9         (2)(1)  In developing the transportation improvement

10  program, each metropolitan planning organization or designated

11  official planning agency in this state shall include a

12  realistic estimate of the cost and revenue that will be

13  derived from transportation disadvantaged services in its

14  area.  The transportation improvement program shall also

15  identify transportation improvements that will be advanced

16  with such funds during the program period. Funds required by

17  this subsection to be included in the transportation

18  improvement program shall only be included after consultation

19  with all affected agencies and shall only be expended if such

20  funds are included in the transportation improvement program.

21         (3)(2)  Each metropolitan planning organization or

22  designated official planning agency shall recommend to the

23  local coordinating board commission a single community

24  transportation coordinator. The selection process must comply

25  with the competitive procurement procedures contained in

26  chapter 287 or with the competitive procurement procedures of

27  the local government. The coordinator may provide all or a

28  portion of needed transportation services for the

29  transportation disadvantaged but shall be responsible for the

30  provision of those coordinated services. Based on approved

31  commission evaluation criteria, The coordinator shall

                                  21

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1  subcontract or broker those services that are more

  2  cost-effectively and efficiently provided by subcontracting or

  3  brokering. The performance of the coordinator shall be

  4  evaluated annually based on the commission's approved

  5  evaluation criteria by the local coordinating board at least

  6  annually. A copy of the evaluation shall be submitted to the

  7  metropolitan planning organization or the designated official

  8  planning agency, and the Department of Transportation

  9  commission. The recommendation or termination of any community

10  transportation coordinator shall be subject to approval by the

11  commission.

12         (4)(3)  Each metropolitan planning organization or

13  designated official planning agency shall request each local

14  government in its jurisdiction to provide an estimate of all

15  local and direct federal funds to be expended for

16  transportation for the disadvantaged. The metropolitan

17  planning organization or designated official planning agency

18  shall consolidate this information into a single report and

19  forward it, by the beginning of each fiscal year, to the local

20  coordinating board and the Department of Transportation

21  commission.

22         Section 8.  Section 427.0155, Florida Statutes, is

23  amended to read:

24         427.0155  Community transportation coordinators; powers

25  and duties.--Community transportation coordinators shall have

26  the following powers and duties:

27         (1)  Execute uniform contracts for service using a

28  standard contract, which includes performance standards for

29  operators. When purchasing transportation disadvantaged

30  services, each community transportation coordinator must

31  comply with the competitive procurement procedures contained

                                  22

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1  in chapter 287 or, if a public community transportation

  2  coordinator, with competitive procedures of the governing

  3  board.

  4         (2)  Collect annual operating data for submittal to the

  5  local coordinating board and the Department of Transportation

  6  commission.

  7         (3)  Review all transportation operator contracts

  8  annually.

  9         (4)  Approve and coordinate the utilization of school

10  bus and public transportation services in accordance with the

11  transportation disadvantaged service plan.

12         (5)  In cooperation with a local functioning

13  coordinating board, review all applications for local

14  government, federal, and state transportation disadvantaged

15  funds, and develop cost-effective coordination strategies.

16         (6)  In cooperation with, and approved by, the

17  coordinating board, Develop, negotiate, implement, and monitor

18  a memorandum of agreement including a transportation

19  disadvantaged service plan, for submittal to the Department of

20  Transportation commission. The memorandum of agreement and

21  transportation disadvantaged service plan must be reviewed and

22  approved by the local coordinating board prior to submittal to

23  the Department of Transportation.

24         (7)  In cooperation with the local coordinating board

25  and pursuant to criteria developed by the Department of

26  Transportation Commission for the Transportation

27  Disadvantaged, establish priorities with regard to the

28  recipients of nonsponsored transportation disadvantaged

29  services that are purchased with Transportation Disadvantaged

30  Trust Fund moneys.

31

                                  23

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1         (8)  Have full responsibility for the delivery of

  2  transportation services for the transportation disadvantaged

  3  as outlined in s. 427.015(2). The coordinator may provide all

  4  or a portion of the needed transportation services for the

  5  transportation disadvantaged, but shall be responsible for the

  6  provision of all coordinated services. The coordinator shall

  7  subcontract or broker those services that are more

  8  cost-effectively and efficiently provided by subcontracting or

  9  brokering.

10         (9)  Use competitive procurement processes when

11  purchasing transportation disadvantaged services which protect

12  the opportunity for small operators to compete in all counties

13  having a population of 200,000 or more.

14         Section 9.  Section 427.0156, Florida Statutes, is

15  created to read:

16         427.0156  Local coordinating boards; organization and

17  membership.--A local coordinating board will be established in

18  each county. However, when agreed upon in writing by the

19  boards of county commissioners or its designees in each county

20  to be covered in the service area, multicounty local

21  coordinating boards may be appointed. In a multicounty service

22  area, the written agreement must state the order in which the

23  counties will rotate the position of chair and the length of

24  time for which each county is to serve as chair of the local

25  coordinating board.

26         (1)  The metropolitan planning organization or

27  designated official planning agency shall appoint one elected

28  official to serve as official chairperson for all local

29  coordinating board meetings. The appointed chairperson must be

30  an elected member of the board of county commissioners from a

31  county that the local coordinating board serves. For a

                                  24

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1  multicounty local coordinating board, the elected official who

  2  is appointed to serve as chairperson must be from one of the

  3  counties served.

  4         (2)  The local coordinating board shall hold an

  5  organizational meeting each year for the purpose of electing a

  6  vice-chairperson. The vice-chairperson must be elected by a

  7  majority of a quorum of the members present at the

  8  organizational meeting. When the chairperson is absent, the

  9  vice-chairperson shall assume the duties of the chairperson

10  and conduct the meeting.

11         (3)  In addition to the chairperson, representatives of

12  the following departments, agencies, and constituencies are

13  assigned to the local coordinating board as voting members;

14         (a)  A local representative of the Department of

15  Transportation appointed by the secretary of that department.

16         (b)  A local representative of the Department of

17  Children and Family Services appointed by the secretary of

18  that department.

19         (c)  A local representative of the Department of Labor

20  and Employment Security appointed by the secretary of that

21  department.

22         (d)  A local representative of the Department of

23  Elderly Affairs appointed by the secretary of that department.

24         (e)  A local representative of the Agency for Health

25  Care Administration appointed by the executive director of

26  that agency.

27         (f)  A representative of the local WAGES coalition

28  appointed by the chair of the local coalition.

29         (g)  In counties served by mass transit systems, a

30  representative of the local transit agency appointed by the

31  executive director of the transit agency.

                                  25

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1         (h)  One representative of the private for-profit or

  2  the private not-for-profit transportation industry appointed

  3  by the designated planning agency.

  4         (i)  One citizen representative who uses the

  5  coordinated transportation system as his or her primary means

  6  of transportation appointed by the designated official

  7  planning agency.

  8         (4)  Members of the local coordinating board shall

  9  serve without compensation but are entitled to per diem and

10  travel expenses as provided in s. 112.061.

11         (5)  The local coordinating board shall meet at least

12  quarterly, or more frequently at the call of the chairperson.

13  A majority of the members of the local coordinating board

14  constitute a quorum, and a majority vote of the

15  representatives present is necessary for any action taken by

16  the board.

17         (6)  The designated official planning agency shall

18  provide each board with sufficient staff support and resources

19  to enable the board to fulfill its duties and

20  responsibilities.

21         Section 10.  Section 427.0157, Florida Statutes, is

22  amended to read:

23         427.0157  Local coordinating boards; powers and

24  duties.--The purpose of each local coordinating board is to

25  develop local service needs and priorities and to provide

26  information, advice, evaluation, and direction, and oversight

27  to the community transportation coordinators on the

28  coordination of services to be provided to the transportation

29  disadvantaged.  The commission shall, by rule, establish the

30  membership of coordinating boards.  The members of each board

31  shall be appointed by the metropolitan planning organization

                                  26

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1  or designated official planning agency.  The appointing

  2  authority shall provide each board with sufficient staff

  3  support and resources to enable the board to fulfill its

  4  responsibilities under this section.  Each local coordinating

  5  board shall meet at least quarterly and shall:

  6         (1)  Review and approve the coordinated community

  7  transportation disadvantaged service plan, including the

  8  memorandum of agreement, prior to submittal to the Department

  9  of Transportation commission;

10         (2)  Evaluate services provided in meeting the approved

11  plan and ensure that the plan provides for the use of fixed

12  route or fixed schedule transit service as the first choice of

13  transportation service to the transportation disadvantaged

14  wherever such service is available and appropriate;

15         (3)  In cooperation with the community transportation

16  coordinator, review and provide recommendations to the

17  Department of Transportation commission on funding

18  applications affecting the transportation disadvantaged;

19         (4)  With the assistance of Assist the community

20  transportation coordinator, establish in establishing

21  priorities and client eligibility criteria with regard to the

22  recipients of nonsponsored transportation disadvantaged

23  services that are purchased with Transportation Disadvantaged

24  Trust Fund moneys.

25         (5)  Review the performance of the community

26  transportation coordinator in providing services coordination

27  strategies of service provision to the transportation

28  disadvantaged in the designated service area; and

29         (6)  Evaluate, develop, and implement multicounty or

30  regional transportation opportunities and encourage counties

31

                                  27

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1  to enter into reciprocal agreements and recognize licensing

  2  from other jurisdictions;.

  3         (7)  With the assistance of the community

  4  transportation coordinator, develop cost-effective

  5  transportation alternatives within the coordinated system; and

  6         (8)  Develop reciprocal agreements with adjacent boards

  7  in order to facilitate and foster innovations to reduce costs

  8  and legal barriers to regional transportation disadvantaged

  9  service. Establish by October 1, 1999, a pilot regional

10  community transportation coordinator consisting of two

11  counties or more to assess the benefits of reduced

12  administration and elimination of barriers to inter-county

13  operations.

14         Section 11.  Section 427.0159, Florida Statutes, is

15  amended to read:

16         427.0159  Transportation Disadvantaged Trust Fund.--

17         (1)  There is established in the State Treasury the

18  Transportation Disadvantaged Trust Fund to be administered by

19  the Department of Transportation Commission for the

20  Transportation Disadvantaged. All fees collected for the

21  transportation disadvantaged program under s. 320.03(9) shall

22  be deposited in the trust fund.

23         (2)  Funds deposited in the trust fund shall be

24  appropriated by the Legislature to the commission and shall be

25  used to fund grants for operational, planning, and

26  match-requirement expenses associated with the provision of

27  transportation disadvantaged services carry out the

28  responsibilities of the commission and to fund the

29  administrative expenses of the Department of Transportation

30  and the commission.

31

                                  28

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1         (3)  The Department of Transportation, in consultation

  2  with local coordinating boards representing rural and urban

  3  coordinated systems, shall determine a fair and equitable

  4  grant distribution formula for Transportation Disadvantaged

  5  Trust Fund revenues. The formula must include a base

  6  allocation for each county and may address, but is not limited

  7  to, the following variables:

  8         (a)  Average trip length;

  9         (b)  Ratio of low-income population to total county

10  population;

11         (c)  Number of medical trips performed;

12         (d)  Number of trips per vehicle;

13         (e)  Number of trips per vehicle mile; and

14         (f)  The availability of mass transit.

15         (3)  Funds deposited in the trust fund may be used by

16  the commission to subsidize a portion of a transportation

17  disadvantaged person's transportation costs which is not

18  sponsored by an agency, only if a cash or in-kind match is

19  required. Funds for nonsponsored transportation disadvantaged

20  services shall be distributed based upon the need of the

21  recipient and according to criteria developed by the

22  Commission for the Transportation Disadvantaged.

23         Section 12.  Section 427.016, Florida Statutes, is

24  amended to read:

25         427.016  Expenditure of local government, state, and

26  federal funds for the transportation disadvantaged.--

27         (1)(a)  All transportation disadvantaged funds expended

28  within the state shall be expended to purchase transportation

29  services from community transportation coordinators or public,

30  private, or private nonprofit transportation operators within

31  the coordinated transportation system, except when member

                                  29

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1  department representatives, after meeting as members of the

  2  commission's rate and quality of service review committee,

  3  determine that their department cannot purchase required

  4  transportation services under the service provisions or rates

  5  established by the local coordinating board. the rates charged

  6  by proposed alternate operators are proven, pursuant to rules

  7  generated by the Commission for the Transportation

  8  Disadvantaged, to be more cost-effective and are not a risk to

  9  the public health, safety, or welfare.  However Also, in areas

10  where transportation suited to the unique needs of a

11  transportation disadvantaged person cannot be purchased

12  through the coordinated system, or where the agency has met

13  the rule criteria for using an alternative provider, the

14  service may be contracted for directly by the appropriate

15  agency.

16         (b)  Nothing in this subsection shall be construed to

17  limit or preclude the Medicaid agency from establishing

18  maximum fee schedules, individualized reimbursement policies

19  by provider type, negotiated fees, competitive bidding, or any

20  other mechanism that the agency considers efficient and

21  effective for the purchase of services on behalf of Medicaid

22  clients.  State and local agencies shall not contract for any

23  transportation disadvantaged services, including Medicaid

24  reimbursable transportation services, with any community

25  transportation coordinator or transportation operator that has

26  been determined by the Agency for Health Care Administration,

27  the Department of Legal Affairs Medicaid Fraud Control Unit,

28  or any state or federal agency to have engaged in any abusive

29  or fraudulent billing activities.

30         (2)  Each agency purchasing transportation

31  disadvantaged services, whether or not it is a member of the

                                  30

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1  Commission for the Transportation Disadvantaged, shall inform

  2  the Department of Transportation commission in writing, before

  3  the beginning of each fiscal year, of the specific amount of

  4  any money the agency allocated for transportation

  5  disadvantaged services. Additionally, each state agency and

  6  WAGES coalition shall, by September 15 of each year, provide

  7  the Department of Transportation commission with an accounting

  8  of the actual amount of funds expended and the total number of

  9  trips purchased.

10         (3)  Each metropolitan planning organization or

11  designated official planning agency shall annually compile a

12  report accounting for all local government and direct federal

13  funds for transportation for the disadvantaged expended in its

14  jurisdiction and forward this report by September 15 to the

15  Department of Transportation commission.

16         Section 13.  This act shall take effect upon becoming a

17  law.

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  31

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






    Florida Senate - 1998                  CS for SB's 1492 & 1242
    306-2072B-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                        SB's 1492 and 1242

  3

  4  This CS creates an interagency joint strategic planning
    process for those agencies that purchase transportation
  5  services through the transportation disadvantaged program.

  6  This CS reduces the size of the Commission for Transportation
    Disadvantaged to 9 members. Five members would represent the
  7  state agencies that provide funding for the transportation
    disadvantaged program. The remaining designees would represent
  8  important stakeholders in the program. This CS revises the
    purpose and responsibilities of the commission to eliminate
  9  most of the operational and administrative duties currently
    assigned to the commission. The CS provides that the
10  commission would function primarily as an evaluative and
    policy review board.
11
    This CS delegates state-level administrative functions
12  currently assigned to the commission to the Department of
    Transportation. Additionally, the CS provides that agencies
13  purchasing transportation services must use the transportation
    disadvantaged coordinated system unless the agency obtains
14  approval from the commission's rate and quality of service
    review committee to use a transportation provider outside of
15  the coordinated system. This CS establishes competitive
    procurement guidelines to be employed in the selection of the
16  community transportation coordinator and transportation
    operators.
17
    This CS revises the membership and duties of the local
18  coordinating boards. The CS delegates most of the operational
    responsibilities previously assigned to the commission to the
19  local coordinating boards. The CS also provides for reciprocal
    agreements between local coordinating boards to facilitate the
20  provision of regional transportation disadvantaged services.

21  This CS assigns responsibility for the administration of the
    transportation disadvantaged trust fund to the Department of
22  Transportation.

23

24

25

26

27

28

29

30

31

                                  32