House Bill 4679

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







    Florida House of Representatives - 1998                HB 4679

        By the Committee on Children & Family Empowerment and
    Representative Lacasa





  1                      A bill to be entitled

  2         An act relating to WAGES Program

  3         transportation; amending s. 234.01, F.S.;

  4         authorizing school districts to provide

  5         transportation for WAGES participants; amending

  6         s. 234.211, F.S.; providing for reimbursement

  7         of school districts; amending s. 341.041, F.S.;

  8         establishing responsibilities of the Department

  9         of Transportation with respect to transit

10         services for WAGES participants; amending s.

11         341.052, F.S.; relating to duties of public

12         transit block grant recipients to coordinate

13         with local WAGES coalitions regarding

14         transportation services; deleting duplicative

15         provisions; amending s. 414.026, F.S.; revising

16         membership of the WAGES Program State Board of

17         Directors; amending s. 414.20, F.S.; clarifying

18         transportation options available to local WAGES

19         coalitions to assist WAGES participants;

20         creating s. 414.225, F.S.; providing for the

21         provision of transitional transportation for

22         former WAGES participants; amending s. 427.013,

23         F.S.; providing for the duties of the

24         Commission for the Transportation Disadvantaged

25         regarding WAGES transportation; amending s.

26         427.0155, F.S.; providing for the duties of

27         community transportation coordinators regarding

28         WAGES transportation; amending s. 427.0157,

29         F.S.; providing for the duties of the local

30         coordinating boards regarding WAGES

31         transportation; providing an effective date.

                                  1

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






    Florida House of Representatives - 1998                HB 4679

    602-119-98






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

  2

  3         Section 1.  Paragraph (g) is added to subsection (1) of

  4  section 234.01, Florida Statutes, to read:

  5         234.01  Purpose; transportation; when provided.--

  6         (1)  School boards, after considering recommendations

  7  of the superintendent:

  8         (g)  May provide transportation for WAGES program

  9  participants as defined in s. 414.0252.

10         Section 2.  Present paragraph (b) of subsection (1) of

11  section 234.211, Florida Statutes, is redesignated as

12  paragraph (c), and a new paragraph (b) is added to that

13  subsection to read:

14         234.211  Use of school buses for public purposes.--

15         (1)

16         (b)  Each school district may enter into agreements

17  with local WAGES coalitions for the provision of

18  transportation services to WAGES program participants as

19  defined in s. 414.0252. Agreements must provide for

20  reimbursement in full or in part for the proportionate share

21  of fixed and operating costs incurred by the school district

22  attributable to the use of buses in accordance with the

23  agreement.

24         Section 3.  Subsection (13) is added to section

25  341.041, Florida Statutes, to read:

26         341.041  Transit responsibilities of the

27  department.--The department shall, within the resources

28  provided pursuant to chapter 216:

29         (13)  Assist local governmental entities and other

30  transit operators in the planning, development, and

31

                                  2

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






    Florida House of Representatives - 1998                HB 4679

    602-119-98






  1  coordination of transit services for WAGES program

  2  participants as defined in s. 414.0252.

  3         Section 4.  Subsections (1) and (2) of section 341.052,

  4  Florida Statutes, are amended to read:

  5         341.052  Public transit block grant program;

  6  administration; eligible projects; limitation.--

  7         (1)  There is created a public transit block grant

  8  program which shall be administered by the department.  Block

  9  grant funds shall only be provided to "Section 9" providers

10  and "Section 18" providers designated by the United States

11  Department of Transportation and community transportation

12  coordinators as defined in chapter 427.  Eligible providers

13  must establish public transportation development plans

14  consistent, to the maximum extent feasible, with approved

15  local government comprehensive plans of the units of local

16  government in which the provider is located. In developing

17  public transportation development plans, eligible providers

18  must solicit comments from local WAGES coalitions established

19  under chapter 414. The development plans must address how the

20  public transit provider will work with the appropriate local

21  WAGES coalition to provide services to WAGES participants.

22  Eligible providers must review program and financial plans

23  established under s. 414.028 and provide information to the

24  local WAGES coalition serving the county in which the provider

25  is located regarding the availability of transportation

26  services to assist WAGES program participants.

27         (2)  Costs for which public transit block grant program

28  funds may be expended include:

29         (a)  Costs of public bus transit and local public fixed

30  guideway capital projects.

31

                                  3

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






    Florida House of Representatives - 1998                HB 4679

    602-119-98






  1         (b)  Costs of public bus transit service development

  2  and transit corridor projects. Whenever block grant funds are

  3  used for a service development project or a transit corridor

  4  project, the use of such funds is governed by s. 341.051.

  5  Local transit service development projects and transit

  6  corridor projects currently operating under contract with the

  7  department shall continue to receive state funds according to

  8  the contract until such time as the contract expires. Transit

  9  corridor projects, wholly within one county, meeting or

10  exceeding performance criteria as described in the contract

11  shall be continued by the transit provider at the same or a

12  higher level of service until such time as the department, the

13  M.P.O., and the service provider, agree to discontinue the

14  service.  The provider may not increase fares for services in

15  transit corridor projects wholly within one county without the

16  consent of the department.

17         (c)  Costs of public bus transit operations.

18

19  All projects must shall be consistent, to the maximum extent

20  feasible, with the approved local government comprehensive

21  plans of the units of local government comprehensive plans of

22  local government in which the project is located.

23         Section 5.  Paragraph (a) of subsection (2) of section

24  414.026, Florida Statutes, is amended to read:

25         414.026  WAGES Program State Board of Directors.--

26         (2)(a)  The board of directors shall be composed of the

27  following members:

28         1.  The Commissioner of Education, or the

29  commissioner's designee.

30         2.  The Secretary of Children and Family Services.

31         3.  The Secretary of Health.

                                  4

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






    Florida House of Representatives - 1998                HB 4679

    602-119-98






  1         4.  The Secretary of Labor and Employment Security.

  2         5.  The Secretary of Community Affairs.

  3         6.  The Secretary of Transportation, or the secretary's

  4  designee.

  5         7.6.  The director of the Office of Tourism, Trade, and

  6  Economic Development.

  7         8.7.  The president of the Enterprise Florida workforce

  8  development board, established under s. 288.9620.

  9         9.8.  The chief executive officer of the Florida

10  Tourism Industry Marketing Corporation, established under s.

11  288.1226.

12         10.9.  Nine members appointed by the Governor, as

13  follows:

14         a.  Six members shall be appointed from a list of ten

15  nominees, of which five must be submitted by the President of

16  the Senate and five must be submitted by the Speaker of the

17  House of Representatives. The list of five nominees submitted

18  by the President of the Senate and the Speaker of the House of

19  Representatives must each contain at least three individuals

20  employed in the private sector, two of whom must have

21  management experience. One of the five nominees submitted by

22  the President of the Senate and one of the five nominees

23  submitted by the Speaker of the House of Representatives must

24  be an elected local government official who shall serve as an

25  ex officio nonvoting member.

26         b.  Three members shall be at-large members appointed

27  by the Governor.

28         c.  Of the nine members appointed by the Governor, at

29  least six must be employed in the private sector and of these,

30  at least five must have management experience.

31

                                  5

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






    Florida House of Representatives - 1998                HB 4679

    602-119-98






  1  The members appointed by the Governor shall be appointed to

  2  4-year, staggered terms. Within 60 days after a vacancy occurs

  3  on the board, the Governor shall fill the vacancy of a member

  4  appointed from the nominees submitted by the President of the

  5  Senate and the Speaker of the House of Representatives for the

  6  remainder of the unexpired term from one nominee submitted by

  7  the President of the Senate and one nominee submitted by the

  8  Speaker of the House of Representatives. Within 60 days after

  9  a vacancy of a member appointed at-large by the Governor

10  occurs on the board, the Governor shall fill the vacancy for

11  the remainder of the unexpired term. The composition of the

12  board must generally reflect the racial, gender, and ethnic

13  diversity of the state as a whole.

14         Section 6.  Subsection (1) of section 414.20, Florida

15  Statutes, is amended to read:

16         414.20  Other support services.--Support services shall

17  be provided, if resources permit, to assist participants in

18  complying with work activity requirements outlined in s.

19  414.065. If resources do not permit the provision of needed

20  support services, the department and the Department of Labor

21  and Employment Security may prioritize or otherwise limit

22  provision of support services. This section does not

23  constitute an entitlement to support services. Lack of

24  provision of support services may be considered as a factor in

25  determining whether good cause exists for failing to comply

26  with work activity requirements but does not automatically

27  constitute good cause for failing to comply with work activity

28  requirements, and does not affect any applicable time limit on

29  the receipt of temporary cash assistance or the provision of

30  services under this chapter. Support services shall include,

31  but need not be limited to:

                                  6

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






    Florida House of Representatives - 1998                HB 4679

    602-119-98






  1         (1)  TRANSPORTATION.--Transportation expenses may be

  2  provided to any participant when the assistance is needed to

  3  comply with work activity requirements or employment

  4  requirements, including transportation to and from a child

  5  care provider. Payment may be made in cash or tokens in

  6  advance or through reimbursement paid against receipts or

  7  invoices. Transportation services may include, but are not

  8  limited to, cooperative arrangements with the following:

  9  public transit providers; community transportation

10  coordinators designated under chapter 427; school districts,

11  churches and community centers; donated motor vehicle

12  programs, vanpools, and ridesharing programs; small enterprise

13  developments and entrepreneurial programs that encourage WAGES

14  participants to become transportation providers; public and

15  private transportation partnerships; and other innovative

16  strategies to expand transportation options available to

17  program participants.

18         (a)  Local WAGES coalitions are authorized to provide

19  payment for vehicle operational and repair expenses, including

20  repair expenditures necessary to make a vehicle functional;

21  vehicle registration fees; driver's license fees; and

22  liability insurance for the vehicle for a period of up to 6

23  months. Request for vehicle repairs must be accompanied by an

24  estimate of the cost prepared by a repair facility registered

25  under s. 559.904.

26         (b)  Transportation disadvantaged funds as defined in

27  chapter 427 do not include WAGES support services funds that

28  are used for the provision of transportation services for

29  WAGES program participants. It is the intent of the

30  Legislature that local WAGES coalitions consult with local

31  community transportation coordinators designated under chapter

                                  7

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






    Florida House of Representatives - 1998                HB 4679

    602-119-98






  1  427 regarding the availability and cost of transportation

  2  services through the coordinated transportation system prior

  3  to contracting for comparable transportation services outside

  4  the coordinated system.  Support services funds may also be

  5  used to develop transportation resources to expand

  6  transportation options available to participants. These

  7  services may include cooperative arrangements with local

  8  transit authorities or school districts and small enterprise

  9  development.

10         Section 7.  Section 414.225, Florida Statutes, is

11  created to read:

12         414.225  Transitional Transportation.--In order to

13  assist former WAGES participants in maintaining and sustaining

14  employment, transportation may be provided for up to 1 year

15  after the participant is no longer eligible to participate in

16  the program, if funds are available. This does not constitute

17  an entitlement to transitional transportation. If funds are

18  not sufficient to provide services under this section, the

19  department may limit or otherwise prioritize transportation

20  services.

21         (1)  Transitional transportation must be job related.

22         (2)  Transitional transportation may include expenses

23  identified in s. 414.20.

24         Section 8.  Subsection (27) is added to section

25  427.013, Florida Statutes, to read:

26         427.013  The Commission for the Transportation

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

28  the commission is to accomplish the coordination of

29  transportation services provided to the transportation

30  disadvantaged. The goal of this coordination shall be to

31  assure the cost-effective provision of transportation by

                                  8

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






    Florida House of Representatives - 1998                HB 4679

    602-119-98






  1  qualified community transportation coordinators or

  2  transportation operators for the transportation disadvantaged

  3  without any bias or presumption in favor of multioperator

  4  systems or not-for-profit transportation operators over single

  5  operator systems or for-profit transportation operators. In

  6  carrying out this purpose, the commission shall:

  7         (27)  Ensure that local community transportation

  8  coordinators work cooperatively with local WAGES coalitions

  9  established in chapter 414 to provide assistance in the

10  development of innovative transportation services for WAGES

11  participants.

12         Section 9.  Subsection (9) is added to section

13  427.0155, Florida Statutes, to read:

14         427.0155  Community transportation coordinators; powers

15  and duties.--Community transportation coordinators shall have

16  the following powers and duties:

17         (9)  Work cooperatively with local WAGES coalitions

18  established in chapter 414 to provide assistance in the

19  development of innovative transportation services for WAGES

20  participants.

21         Section 10.  Subsection (7) is added to section

22  427.0157, Florida Statutes, to read:

23         427.0157  Coordinating boards; powers and duties.--The

24  purpose of each coordinating board is to develop local service

25  needs and to provide information, advice, and direction to the

26  community transportation coordinators on the coordination of

27  services to be provided to the transportation disadvantaged.

28  The commission shall, by rule, establish the membership of

29  coordinating boards.  The members of each board shall be

30  appointed by the metropolitan planning organization or

31  designated official planning agency.  The appointing authority

                                  9

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






    Florida House of Representatives - 1998                HB 4679

    602-119-98






  1  shall provide each board with sufficient staff support and

  2  resources to enable the board to fulfill its responsibilities

  3  under this section.  Each board shall meet at least quarterly

  4  and shall:

  5         (7)  Work cooperatively with local WAGES coalitions

  6  established in chapter 414 to provide assistance in the

  7  development of innovative transportation services for WAGES

  8  participants.

  9         Section 11.  This act shall take effect upon becoming a

10  law.

11

12            *****************************************

13                          SENATE SUMMARY

14    Relates to WAGES program transportation. Authorizes
      school districts to provide transportation for WAGES
15    participants and provides for reimbursing the school
      districts. Establishes responsibilities of the Department
16    of Transportation with respect to transit services for
      WAGES participants. Provides for duties of public transit
17    block grant recipients to coordinate with local WAGES
      coalitions regarding transportation services. Revises the
18    membership of the WAGES Program State Board of Directors.
      Clarifies the transportation options available to local
19    WAGES coalitions to assist WAGES participants. Allows the
      provision of transitional transportation for former WAGES
20    participants. Provides duties of the Commission for the
      Transportation Disadvantaged regarding WAGES
21    transportation. Provides duties of the local coordinating
      boards regarding WAGES transportation.
22

23

24

25

26

27

28

29

30

31

                                  10