House Bill 3415
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Florida House of Representatives - 1998 HB 3415
By Representative Smith
1 A bill to be entitled
2 An act relating to the transportation
3 disadvantaged; amending s. 427.011, F.S.;
4 revising definitions; defining the terms
5 "secretary," "department," and "division";
6 amending s. 427.012, F.S.; eliminating the
7 Commission for the Transportation Disadvantaged
8 and creating the Florida Coordinated
9 Transportation Disadvantaged Advisory Board;
10 providing for membership, powers, and duties;
11 amending s. 427.013, F.S.; providing for the
12 purpose and responsibilities of the Division of
13 Community Transportation Services with respect
14 to the transportation disadvantaged; amending
15 s. 427.0135, F.S.; providing for the duties and
16 responsibilities of the member departments in
17 carrying out the policies and procedures of
18 transportation services for the transportation
19 disadvantaged; amending s. 427.015, F.S.;
20 revising language with respect to the function
21 of the metropolitan planning organization or
22 designated official planning agency in
23 coordinating transportation for the
24 transportation disadvantaged; amending s.
25 427.0155, F.S.; conforming provisions relating
26 to community transportation coordinators to the
27 act; amending s. 427.0157, F.S.; providing for
28 the powers and duties of local coordinating
29 boards; amending s. 427.0158, F.S.; conforming
30 language to the act with respect to school bus
31 and public transportation; amending s.
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1 427.0159, F.S.; revising language with respect
2 to the Transportation Disadvantaged Trust Fund,
3 to conform; amending s. 427.016, F.S.;
4 conforming language to the act; providing an
5 effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Subsections (5), (7), and (8) of section
10 427.011, Florida Statutes, are amended, and subsections (14),
11 (15), and (16) are added to said section, to read:
12 427.011 Definitions.--For the purposes of ss.
13 427.011-427.017:
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, and approved by the local coordinating board to
20 ensure that coordinated transportation services are provided
21 to the transportation disadvantaged population in a designated
22 service area.
23 (7) "Local coordinating board" means an advisory
24 entity in each designated service area composed of
25 representatives appointed by the metropolitan planning
26 organization or designated official planning agency with
27 concurrence from the board of county commissioners, to provide
28 advisory assistance to the community transportation
29 coordinator relative to the coordination of transportation
30 services.
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1 (8) "Member department" means state agency department
2 whose head is a member of the Florida Coordinated
3 Transportation Disadvantaged Advisory Board commission.
4 (14) "Secretary" means the secretary of the Florida
5 Department of Transportation.
6 (15) "Department" means the Florida Department of
7 Transportation.
8 (16) "Division" means the Division of Community
9 Transportation Services within the Florida Department of
10 Transportation.
11 Section 2. Section 427.012, Florida Statutes, is
12 amended to read:
13 427.012 The Florida Coordinated Transportation
14 Disadvantaged Advisory Board Commission for the Transportation
15 Disadvantaged.--There is created the Florida Coordinated
16 Transportation Disadvantaged Advisory Board Commission for the
17 Transportation Disadvantaged in the Department of
18 Transportation.
19 (1) The purpose of the advisory board is to:
20 (a) Advise the department in planning, developing,
21 implementing, and performing evaluation activities related to
22 the coordination of transportation disadvantaged services.
23 (b) Identify barriers prohibiting the coordination and
24 accessibility of transportation services to the transportation
25 disadvantaged.
26 (c) Heighten public awareness as to the purpose and
27 function of coordinated transportation services for the
28 transportation disadvantaged.
29 (d) Make an annual report to the Governor, the
30 President of the Senate, and the Speaker of the House of
31 Representatives by January 1 of each year.
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1 (2)(1) The advisory board commission shall consist of
2 the following members:
3 (a) The secretary of the Department of Transportation
4 or the secretary's designee.
5 (b) The secretary of the Department of Children and
6 Family Health and Rehabilitative Services or the secretary's
7 designee.
8 (c) The Commissioner of Education or the
9 commissioner's designee.
10 (d) The secretary of the Department of Labor and
11 Employment Security or the secretary's designee.
12 (e) The executive director of the Department of
13 Veterans' Affairs or the executive director's designee.
14 (f) The secretary of the Department of Elderly Affairs
15 or the secretary's designee.
16 (g) The director of the Agency for Health Care
17 Administration or the director's designee.
18 (h) A representative of the Florida Association for
19 Community Action, who shall serve at the pleasure of that
20 association.
21 (i) A representative of the Florida Transit
22 Association, who shall serve at the pleasure of that
23 association.
24 (j) A person over the age of 60 who is a member of a
25 recognized statewide organization representing elderly
26 Floridians. Such person shall be appointed by the Governor to
27 represent elderly Floridians and shall be appointed to serve a
28 term of 4 years.
29 (k) A handicapped person who is a member of a
30 recognized statewide organization representing handicapped
31 Floridians. Such person shall be appointed by the Governor to
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1 represent handicapped Floridians and shall be appointed to
2 serve a term of 4 years.
3 (l) Two citizen advocate representatives who shall be
4 appointed by the Governor for a term of 4 years, one
5 representing rural citizens in counties with 75,000 or less in
6 population and one representing urban citizens.
7 (m) A representative of the community transportation
8 coordinators. Such person shall be appointed by the Governor
9 to represent all community transportation coordinators and
10 shall be appointed to serve a term of 4 years.
11 (n) One member of the Early Childhood Council. Such
12 person shall be appointed by the Governor to represent
13 maternal and child health care providers and shall be
14 appointed to serve a term of 4 years.
15 (o) Two representatives of current private for-profit
16 or private not-for-profit transportation operators each of
17 which have a minimum of 5 years of continuous experience
18 operating a broad-based system of ambulatory and
19 wheelchair/stretcher type transportation, utilizing not less
20 than 50 vehicles and including dispatch and scheduling
21 responsibilities. Such persons shall be appointed by the
22 Commissioner of Agriculture to serve a term of 4 years.
23 (p) Four representatives of current private for-profit
24 or private not-for-profit transportation operators, each of
25 which having a minimum of 5 years of continuous experience
26 operating a broad-based system of ambulatory and wheelchair or
27 stretcher-type transportation, utilizing not less than 50
28 vehicles, and including dispatch and scheduling
29 responsibilities. Such persons shall be appointed by the
30 Commissioner of Agriculture to serve a term of 4 years.
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1 (q) Six citizens representing the nontransportation
2 business community of the state, three members appointed by
3 the President of the Senate and three members appointed by the
4 Speaker of the House of Representatives.
5 (3)(2) The chairperson and vice chairperson of the
6 advisory board commission shall be elected annually by a
7 majority from the membership of the advisory board commission.
8 (4)(3) Members of the advisory board commission shall
9 serve without compensation but shall be allowed per diem and
10 travel expenses, as provided in s. 112.061.
11 (5)(4) The advisory board commission shall meet at
12 least twice each year quarterly, or more frequently at the
13 call of the chairperson, at the request of a majority of its
14 members, or at the request of the department; however, the
15 advisory board must meet prior to any significant program
16 revisions or publication of proposed rules relating to the
17 program. Nine members of the commission constitute a quorum,
18 and a majority vote of the members present is necessary for
19 any action taken by the commission.
20 (6)(5) The Secretary Governor may remove any member of
21 the advisory board commission for cause.
22 (6) The commission shall appoint an executive director
23 who shall serve under the direction, supervision, and control
24 of the commission. The executive director, with the consent of
25 the commission, shall employ such personnel as may be
26 necessary to perform adequately the functions of the
27 commission within budgetary limitations. All employees of the
28 commission are exempt from the Career Service System.
29 (7) The commission is assigned to the office of the
30 secretary of the Department of Transportation for
31 administrative and fiscal accountability purposes, but it
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1 shall otherwise function independently of the control,
2 supervision, and direction of the department.
3 (8) The commission shall develop a budget pursuant to
4 chapter 216. The budget is not subject to change by the
5 department staff after it has been approved by the commission,
6 but it shall be transmitted to the Governor, as head of the
7 department, along with the budget of the department.
8 Section 3. Section 427.013, Florida Statutes, is
9 amended to read:
10 427.013 The Division of Community Transportation
11 Services Commission for the Transportation Disadvantaged;
12 purpose and responsibilities.--The purpose of the Division of
13 Community Transportation Services commission is to accomplish
14 the coordination of transportation services provided to the
15 transportation disadvantaged. The goal of this coordination
16 shall be to assure the cost-effective provision of
17 transportation by qualified community transportation
18 coordinators or transportation operators for the
19 transportation disadvantaged without any bias or presumption
20 in favor of multioperator systems or not-for-profit
21 transportation operators over single operator systems or
22 for-profit transportation operators. In carrying out this
23 purpose, the division commission shall:
24 (1) Compile all available information on the
25 transportation operations for and needs of the transportation
26 disadvantaged in the state.
27 (2) Establish statewide objectives for providing
28 transportation services for the transportation disadvantaged
29 in cooperation with the Florida Coordinated Transportation
30 Disadvantaged Advisory Board.
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1 (3) Develop policies and procedures for the
2 coordination of local government, federal, and state funding
3 for the transportation disadvantaged.
4 (4) Identify barriers prohibiting the coordination and
5 accessibility of transportation services to the transportation
6 disadvantaged and aggressively pursue the elimination of these
7 barriers.
8 (5) Serve as a clearinghouse for information about
9 transportation disadvantaged services, training, funding
10 sources, innovations, and coordination efforts.
11 (6) Assist communities in developing transportation
12 systems designed to serve the transportation disadvantaged.
13 (7) Assure that all procedures, guidelines, and
14 directives issued by member departments are conducive to the
15 coordination of transportation services.
16 (8)(a) Assure that member departments purchase all
17 trips within the coordinated system, unless they use a more
18 cost-effective alternative provider.
19 (b) Provide, by rule, criteria and procedures for
20 member departments to use if they wish to use an alternative
21 provider. Departments must demonstrate either that the
22 proposed alternative provider can provide a trip of acceptable
23 quality for the clients at a lower cost than that provided
24 within the coordinated system, or that the coordinated system
25 cannot accommodate the department's clients.
26 (9) Develop standards covering coordination,
27 operation, costs, and utilization of transportation
28 disadvantaged services. These standards shall include, but not
29 be limited to:
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1 (a) Inclusion, by rule, of acceptable ranges of trip
2 costs for the various modes and types of transportation
3 services provided.
4 (b) Minimum performance standards for the delivery of
5 services. These standards should be included in coordinator
6 and operator contracts with clear penalties for repeated or
7 continuing violations.
8 (10) Develop and monitor rules and procedures to
9 implement the provisions of ss. 427.011-427.017.
10 (11) Approve the appointment of all community
11 transportation coordinators.
12 (11)(12) Have the authority to apply for and accept
13 funds, grants, gifts, and services from the Federal
14 Government, state government, local governments, or private
15 funding sources. Applications by the department commission for
16 local government funds shall be coordinated through the
17 appropriate local coordinating board. Funds acquired or
18 accepted under this subsection shall be administered by the
19 division commission and shall be used to carry out the
20 division's commission's responsibilities.
21 (13) Make an annual report to the Governor, the
22 President of the Senate, and the Speaker of the House of
23 Representatives by January 1 of each year.
24 (12)(14) Consolidate, for each state agency, the
25 annual budget estimates for transportation disadvantaged
26 services, and the amounts of each agency's actual
27 expenditures, together with the annual budget estimates of
28 each official planning agency, local government, and directly
29 federally funded agency and issue a report.
30 (13)(15) Prepare a statewide 5-year transportation
31 disadvantaged plan which addresses the transportation problems
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1 and needs of the transportation disadvantaged, which is fully
2 coordinated with local transit plans, compatible with local
3 government comprehensive plans, and which ensures that the
4 most cost-effective and efficient method of providing
5 transportation to the disadvantaged is programmed for
6 development.
7 (14)(16) Review and approve memorandums of agreement
8 for the provisions of coordinated transportation services.
9 (15)(17) Review, monitor, and coordinate all
10 transportation disadvantaged local government, state, and
11 federal fund requests and plans for conformance with
12 department commission policy, without delaying the application
13 process. Such funds shall be available only to those entities
14 participating in an approved coordinated transportation system
15 or entities which have received a department-approved
16 commission-approved waiver to obtain all or part of their
17 transportation through another means. This process shall
18 identify procedures for coordinating with the state's
19 intergovernmental coordination and review procedures and s.
20 216.212(1) and any other appropriate grant review process.
21 (16)(18) Develop an interagency uniform contracting
22 and billing and accounting system that shall be used by all
23 community transportation coordinators and their transportation
24 operators.
25 (17)(19) Develop and maintain a transportation
26 disadvantaged manual.
27 (18)(20) Design and develop transportation
28 disadvantaged training programs with cooperation from the
29 Florida Coordinated Transportation Advisory Board.
30 (19)(21) Coordinate all transportation disadvantaged
31 programs with appropriate state, local, and federal agencies
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1 and public transit agencies to ensure compatibility with
2 existing transportation systems.
3 (20)(22) Designate the official planning agency in
4 areas outside of the purview of a metropolitan planning
5 organization.
6 (21)(23) Develop by rule need-based criteria that must
7 be used by all community transportation coordinators to
8 determine eligibility for transportation assistance and to
9 prioritize the delivery of nonsponsored transportation
10 disadvantaged services that are purchased with Transportation
11 Disadvantaged Trust Fund moneys.
12 (22)(24) Establish a review procedure to compare the
13 rates proposed by alternate transportation operators with the
14 rates charged by a community transportation coordinator to
15 determine which rate is more cost-effective.
16 (23)(25) Conduct a cost-comparison study of
17 single-coordinator, multicoordinator, and brokered community
18 transportation coordinator networks to ensure that the most
19 cost-effective and efficient method of providing
20 transportation to the transportation disadvantaged is
21 programmed for development.
22 (24)(26) Develop a quality assurance and management
23 review program to monitor, based upon approved commission
24 standards, services contracted for by an agency, and those
25 provided by a community transportation operator pursuant to s.
26 427.0155. Staff of the quality assurance and management review
27 program shall function independently and be directly
28 responsible to the executive director.
29 Section 4. Section 427.0135, Florida Statutes, is
30 amended to read:
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1 427.0135 Member departments; duties and
2 responsibilities.--Each member department, in carrying out the
3 policies and procedures of transportation services for the
4 transportation disadvantaged pursuant to ss. 427.011-427.017
5 the commission, shall:
6 (1)(a) Use the coordinated transportation system for
7 provision of services to its clients, unless each department
8 meets the criteria outlined in rule to use an alternative
9 provider.
10 (b) Subject to the provisions of s. 409.908(18), the
11 Medicaid agency shall purchase transportation services through
12 the community coordinated transportation system unless a more
13 cost-effective method is determined by the agency for Medicaid
14 clients or unless otherwise limited or directed by the General
15 Appropriations Act.
16 (2) Provide the division commission, by September 15
17 of each year, an accounting of all funds spent as well as how
18 many trips were purchased with agency funds.
19 (3) Assist communities in developing and maintaining
20 coordinated transportation systems designed to serve the
21 transportation disadvantaged.
22 (4) Assure that its rules, procedures, guidelines, and
23 directives are conducive to the coordination of transportation
24 funds and services for the transportation disadvantaged.
25 (5) Provide technical assistance, as needed, to
26 community transportation coordinators or transportation
27 operators or participating agencies.
28 Section 5. Subsections (2) and (3) of section 427.015,
29 Florida Statutes, are amended to read:
30 427.015 Function of the metropolitan planning
31 organization or designated official planning agency in
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1 coordinating transportation for the transportation
2 disadvantaged.--
3 (2) Each metropolitan planning organization or
4 designated official planning agency shall recommend to the
5 Secretary commission a single community transportation
6 coordinator approved by the local coordinating board. The
7 coordinator may provide all or a portion of needed
8 transportation services for the transportation disadvantaged
9 but shall be responsible for the provision of those
10 coordinated services. Based on approved department commission
11 evaluation criteria, the coordinator shall subcontract or
12 broker those services that are more cost-effectively and
13 efficiently provided by subcontracting or brokering. The
14 performance of the coordinator shall be evaluated based on the
15 department's commission's approved evaluation criteria by the
16 local coordinating board at least annually. A copy of the
17 evaluation shall be submitted to the department metropolitan
18 planning organization or the designated official planning
19 agency, and the commission. The recommendation or termination
20 of any community transportation coordinator shall be subject
21 to approval by the Secretary commission.
22 (3) Each metropolitan planning organization or
23 designated official planning agency shall request each local
24 government in its jurisdiction to provide an estimate of all
25 local and direct federal funds to be expended for
26 transportation for the disadvantaged. The metropolitan
27 planning organization or designated official planning agency
28 shall consolidate this information into a single report and
29 forward it, by the beginning of each fiscal year, to the
30 division commission.
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1 Section 6. Subsections (2), (5), (6), and (7) of
2 section 427.0155, Florida Statutes, are amended to read:
3 427.0155 Community transportation coordinators; powers
4 and duties.--Community transportation coordinators shall have
5 the following powers and duties:
6 (2) Collect annual operating data for submittal to the
7 division commission.
8 (5) In cooperation with a functioning local
9 coordinating board, review all applications for local
10 government, federal, and state transportation disadvantaged
11 funds, and develop cost-effective coordination strategies.
12 (6) In cooperation with, and approved by, the local
13 coordinating board, develop, negotiate, implement, and monitor
14 a memorandum of agreement including a service plan, for
15 submittal to the division commission.
16 (7) In cooperation with the local coordinating board
17 and pursuant to criteria developed by the department
18 Commission for the Transportation Disadvantaged, establish
19 priorities and eligibility requirements with regard to the
20 recipients of nonsponsored transportation disadvantaged
21 services that are purchased with Transportation Disadvantaged
22 Trust Fund moneys.
23 Section 7. Section 427.0157, Florida Statutes, is
24 amended to read:
25 427.0157 Local coordinating boards; powers and
26 duties.--The purpose of each local coordinating board is to
27 develop local service needs and priorities and to provide
28 information, advice, and direction to the community
29 transportation coordinators on the coordination of services to
30 be provided to the transportation disadvantaged. The
31 department commission shall, by rule, establish the membership
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1 of local coordinating boards. The members of each board shall
2 be appointed by the metropolitan planning organization or
3 designated official planning agency with concurrence from the
4 board of county commissioners. The appointing authority shall
5 provide each board with sufficient staff support and resources
6 to enable the board to fulfill its responsibilities under this
7 section. Each board shall meet at least quarterly and shall:
8 (1) Review and approve the coordinated community
9 transportation disadvantaged service plan, including the
10 memorandum of agreement with the community transportation
11 coordinator, prior to submittal to the division commission;
12 (2) Evaluate services provided in meeting the approved
13 plan;
14 (3) In cooperation with the community transportation
15 coordinator, review and provide recommendations to the
16 division commission on funding applications affecting the
17 transportation disadvantaged;
18 (4) Assist the community transportation coordinator in
19 establishing priorities with regard to the recipients of
20 nonsponsored transportation disadvantaged services that are
21 purchased with Transportation Disadvantaged Trust Fund moneys.
22 (5) Review the coordination strategies of service
23 provision to the transportation disadvantaged in the
24 designated service area; and
25 (6) Evaluate multicounty or regional transportation
26 opportunities.
27 Section 8. Subsection (3) of section 427.0158, Florida
28 Statutes, is amended to read:
29 427.0158 School bus and public transportation.--
30 (3) The public transit fixed route or fixed schedule
31 system shall cooperate in the utilization of its regular
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1 service to enhance coordinated transportation disadvantaged
2 services by providing the information as required by this
3 section. Annually, no later than October 1, a designee from
4 the local public transit fixed route or fixed schedule system
5 shall provide the community transportation coordinator, with
6 copies to the local coordinating coordinated transportation
7 board, the following information:
8 (a) A copy of all current schedules, route maps,
9 system map, and fare structure;
10 (b) A copy of the current charter policy;
11 (c) A copy of the current charter rates and hour
12 requirements; and
13 (d) Required notification time to arrange for a
14 charter.
15 Section 9. Section 427.0159, Florida Statutes, is
16 amended to read:
17 427.0159 Transportation Disadvantaged Trust Fund.--
18 (1) There is established in the State Treasury the
19 Transportation Disadvantaged Trust Fund to be administered by
20 the Florida Department of Transportation Commission for the
21 Transportation Disadvantaged. All fees collected for the
22 transportation disadvantaged program under s. 320.03(9) shall
23 be deposited in the trust fund.
24 (2) Funds deposited in the trust fund shall be
25 appropriated by the Legislature to the department commission
26 and shall be used to carry out the responsibilities of the
27 division commission and to fund the administrative expenses of
28 the division commission.
29 (3) Funds deposited in the trust fund may be used by
30 the division commission to subsidize a portion of a
31 transportation disadvantaged person's transportation costs
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1 which is not sponsored by an agency, only if a cash or in-kind
2 match is required. Funds for nonsponsored transportation
3 disadvantaged services shall be distributed based upon the
4 need of the recipient and according to criteria developed by
5 the department Commission for the Transportation
6 Disadvantaged.
7 Section 10. Section 427.016, Florida Statutes, is
8 amended to read:
9 427.016 Expenditure of local government, state, and
10 federal funds for the transportation disadvantaged.--
11 (1)(a) All transportation disadvantaged funds expended
12 within the state shall be expended to purchase transportation
13 services from community transportation coordinators or public,
14 private, or private nonprofit transportation operators within
15 the coordinated transportation system, except when the rates
16 charged by proposed alternate operators are proven, pursuant
17 to rules generated by the Commission for the Transportation
18 Disadvantaged, to be more cost-effective and are not a risk to
19 the public health, safety, or welfare. However, in areas
20 where transportation suited to the unique needs of a
21 transportation disadvantaged person cannot be purchased
22 through the coordinated system, or where the agency has met
23 the rule criteria for using an alternative provider, the
24 service may be contracted for directly by the appropriate
25 agency.
26 (b) Nothing in this subsection shall be construed to
27 limit or preclude the Medicaid agency from establishing
28 maximum fee schedules, individualized reimbursement policies
29 by provider type, negotiated fees, competitive bidding, or any
30 other mechanism that the agency considers efficient and
31 effective for the purchase of services on behalf of Medicaid
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1 clients. State and local agencies shall not contract for any
2 transportation disadvantaged services, including Medicaid
3 reimbursable transportation services, with any community
4 transportation coordinator or transportation operator that has
5 been determined by the Agency for Health Care Administration,
6 the Department of Legal Affairs Medicaid Fraud Control Unit,
7 or any state or federal agency to have engaged in any abusive
8 or fraudulent billing activities.
9 (2) Each agency, whether or not it is a member of the
10 Commission for the Transportation Disadvantaged or the Florida
11 Coordinated Transportation Disadvantaged Advisory Board, shall
12 inform the department commission in writing, before the
13 beginning of each fiscal year, of the specific amount of any
14 money the agency allocated for transportation disadvantaged
15 services. Additionally, each state agency shall, by September
16 15 of each year, provide the division commission with an
17 accounting of the actual amount of funds expended and the
18 total number of trips purchased.
19 (3) Each metropolitan planning organization or
20 designated official planning agency shall annually compile a
21 report accounting for all local government and direct federal
22 funds for transportation for the disadvantaged expended in its
23 jurisdiction and forward this report by September 15 to the
24 department commission.
25 Section 11. This act shall take effect July 1 of the
26 year in which enacted.
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2 HOUSE SUMMARY
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Eliminates the Commission for the Transportation
4 Disadvantaged and creates the Florida Coordinated
Transportation Disadvantaged Advisory Board. See bill
5 for details.
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