Senate Bill 0158

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    Florida Senate - 1999                                   SB 158

    By Senator Hargrett





    21-137-99

  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

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  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:

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  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

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  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

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  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.--As used in For the purposes of

21  ss. 427.011-427.017, the term:

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

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  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

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  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, which with such

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

  9  user and provider of the service.  Paratransit service is

10  provided by 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.

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  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 who is appointed by the Governor,

30  subject to confirmation by the Senate, to serve a term of 4

31  years.

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

  2  the coordinated system as his or her primary means of

  3  transportation. The person must be appointed by the Governor,

  4  subject to confirmation by the Senate, to serve a term of 4

  5  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

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  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, which used utilizing not fewer less than 20 50

  9  vehicles and entailed including dispatch and scheduling

10  responsibilities. Such person must persons shall be appointed

11  by the Governor, subject to Senate confirmation, Commissioner

12  of Agriculture to serve a term of 4 years.

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

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

15  comparable senior management position and must be appointed by

16  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. The person must be

19  appointed to serve a term of 4 years, or until the person's

20  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

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  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

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  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, 1998

  4  Supplement, is 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

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  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.

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  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)  Adopt rules pursuant to ss. 120.536(1) and 120.54

28  to implement the provisions of ss. 427.011-427.017.

29         (11)  Approve the appointment of all community

30  transportation coordinators.

31

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  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.

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  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

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  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         (6)(27)  Ensure that local community transportation

17  coordinators 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 5.  Section 427.0133, Florida Statutes, is

22  created to read:

23         427.0133  The Department of Transportation; functions

24  and responsibilities.--The Department of Transportation will

25  perform all the administrative functions necessary to

26  accomplish the coordination of transportation services

27  provided to the transportation disadvantaged. The goal of this

28  coordination must be to assure the cost-effective provision of

29  transportation by qualified community transportation

30  coordinators or transportation operators for the

31  transportation disadvantaged without any bias or presumption

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

  2  transportation operators over single operator systems or

  3  for-profit transportation operators. In carrying out this

  4  purpose, the department shall:

  5         (1)  Compile all available information on the

  6  transportation operations for and needs of the transportation

  7  disadvantaged in the state.

  8         (2)  Develop policies and procedures for the

  9  coordination of local government, federal, and state funding

10  for the transportation disadvantaged.

11         (3)  Identify barriers impeding the coordination and

12  accessibility of transportation services to the transportation

13  disadvantaged and pursue the elimination of these barriers.

14         (4)  Serve as a clearinghouse for information about

15  transportation disadvantaged services, training, funding

16  sources, innovations, and coordination efforts.

17         (5)  Assist communities in developing transportation

18  systems designed to serve the transportation disadvantaged.

19         (6)  Contract with the Center for Urban Transportation

20  Research to develop a basic services rate model to identify

21  minimum standards and services that are common to all agencies

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

23  agency-specific requirements that exceed these minimum

24  standards and services.

25         (7)  Develop baseline measures for use by local

26  coordinating boards in evaluating the performance of the

27  transportation disadvantaged program in their service areas.

28  The measures may be both quantitative and qualitative. The

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

30  following areas:

31         (a)  Cost efficiency of the coordinated system;

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  1         (b)  Service efficiency of the coordinated system;

  2         (c)  Service availability of the coordinated system;

  3         (d)  System safety and service quality;

  4         (e)  Use of transportation alternatives operating

  5  within the coordinated system; and

  6         (f)  System effectiveness in improving the overall

  7  mobility of the transportation disadvantaged.

  8         (8)  Develop and monitor rules and procedures to

  9  implement ss. 427.011-427.017.

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

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

12  government, local government, or private funding sources.

13  Applications by the department for local government funds must

14  be coordinated through the appropriate local coordinating

15  board. Funds acquired or accepted under this subsection must

16  be administered by the department and must be used to carry

17  out the department's responsibilities as provided in this

18  section.

19         (10)  Prepare a statewide 5-year transportation

20  disadvantaged plan that addresses the transportation problems

21  and needs of the transportation disadvantaged, that is fully

22  coordinated with local transit plans and compatible with local

23  government comprehensive plans, and that ensures that the most

24  cost-effective and efficient method of providing

25  transportation to the transportation disadvantaged is

26  programmed for development.

27         (11)  Review memorandums of agreement for the provision

28  of coordinated transportation services.

29         (12)  Designate the official planning agency in areas

30  outside the purview of a metropolitan planning organization.

31

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

  2  carry out its functions and responsibilities.

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

  4  427.0135, Florida Statutes, are amended to read:

  5         427.0135  Member departments; duties and

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

  7  policies and procedures of the commission, shall:

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

  9  provision of services to its clients, unless each department

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

11  to use an alternative provider.

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

13  coordinating board cannot concur with a quality of service or

14  rate issue, the member department representative may refer

15  these issues to the commission rate and quality of service

16  review committee for review and approval or disapproval.

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

18  Medicaid agency shall purchase transportation services through

19  the community coordinated transportation system unless an

20  option to purchase outside the system is obtained in

21  accordance with s. 427.0135(1)(a) a more cost-effective method

22  is determined by the agency for Medicaid clients or unless

23  otherwise limited or directed by the General Appropriations

24  Act.

25         (2)  Provide the Department of Transportation

26  commission, by September 15 of each year, with an accounting

27  of all funds spent as well as how many trips were purchased

28  with agency funds.

29         Section 7.  Section 427.015, Florida Statutes, is

30  amended to read:

31

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  1         427.015  Function of the metropolitan planning

  2  organization or designated official planning agency in

  3  coordinating transportation for the transportation

  4  disadvantaged.--

  5         (1)  The metropolitan planning organization, or the

  6  designated official planning agency if no metropolitan

  7  planning organization exists, shall assist in the coordination

  8  of transportation services provided to the transportation

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

10  cost-effective transportation services are provided to the

11  transportation disadvantaged by qualified community

12  transportation coordinators.

13         (2)(1)  In developing the transportation improvement

14  program, each metropolitan planning organization or designated

15  official planning agency in this state shall include a

16  realistic estimate of the cost and revenue that will be

17  derived from transportation disadvantaged services in its

18  area.  The transportation improvement program shall also

19  identify transportation improvements that will be advanced

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

21  this subsection to be included in the transportation

22  improvement program shall only be included after consultation

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

24  funds are included in the transportation improvement program.

25         (3)(2)  Each metropolitan planning organization or

26  designated official planning agency shall recommend to the

27  local coordinating board commission a single community

28  transportation coordinator. The selection process must comply

29  with the competitive procurement procedures contained in

30  chapter 287 or with the competitive procurement procedures of

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

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  1  portion of needed transportation services for the

  2  transportation disadvantaged but shall be responsible for the

  3  provision of those coordinated services. Based on approved

  4  commission evaluation criteria, The coordinator shall

  5  subcontract or broker those services that are more

  6  cost-effectively and efficiently provided by subcontracting or

  7  brokering. The performance of the coordinator shall be

  8  evaluated annually based on the commission's approved

  9  evaluation criteria by the local coordinating board at least

10  annually. A copy of the evaluation must shall be submitted to

11  the metropolitan planning organization or the designated

12  official planning agency, and the Department of Transportation

13  commission. The recommendation or termination of any community

14  transportation coordinator is shall be subject to approval by

15  the commission.

16         (4)(3)  Each metropolitan planning organization or

17  designated official planning agency shall request each local

18  government in its jurisdiction to provide an estimate of all

19  local and direct federal funds to be expended for

20  transportation for the disadvantaged. The metropolitan

21  planning organization or designated official planning agency

22  shall consolidate this information into a single report and

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

24  coordinating board and the Department of Transportation

25  commission.

26         Section 8.  Section 427.0155, Florida Statutes, 1998

27  Supplement, is amended to read:

28         427.0155  Community transportation coordinators; powers

29  and duties.--Community transportation coordinators shall have

30  the following powers and duties:

31

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  1         (1)  Execute uniform contracts for service using a

  2  standard contract, which includes performance standards for

  3  operators. When purchasing transportation disadvantaged

  4  services, each community transportation coordinator must

  5  comply with the competitive procurement procedures contained

  6  in chapter 287 or, if a public community transportation

  7  coordinator, with competitive procedures of the governing

  8  board.

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

10  local operating board and the Department of Transportation

11  commission.

12         (3)  Review all transportation operator contracts

13  annually.

14         (4)  Approve and coordinate the utilization of school

15  bus and public transportation services in accordance with the

16  transportation disadvantaged service plan.

17         (5)  In cooperation with a local functioning

18  coordinating board, review all applications for local

19  government, federal, and state transportation disadvantaged

20  funds, and develop cost-effective coordination strategies.

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

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

23  a memorandum of agreement including a transportation

24  disadvantaged service plan, for submittal to the Department of

25  Transportation commission. The memorandum of agreement and

26  transportation disadvantaged service plan must be reviewed and

27  approved by the local coordinating board prior to submittal to

28  the Department of Transportation.

29         (7)  In cooperation with the local coordinating board

30  and pursuant to criteria developed by the Department of

31  Transportation Commission for the Transportation

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  1  Disadvantaged, establish priorities with regard to the

  2  recipients of nonsponsored transportation disadvantaged

  3  services that are purchased with Transportation Disadvantaged

  4  Trust Fund moneys.

  5         (8)  Have full responsibility for the delivery of

  6  transportation services for the transportation disadvantaged

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

  8  or a portion of the needed transportation services for the

  9  transportation disadvantaged, but shall be responsible for the

10  provision of all coordinated services. The coordinator shall

11  subcontract or broker those services that are more

12  cost-effectively and efficiently provided by subcontracting or

13  brokering.

14         (9)  Use competitive procurement processes when

15  purchasing transportation disadvantaged services which protect

16  the opportunity for small operators to compete in all counties

17  having a population of 200,000 or more.

18         (10)(9)  Work cooperatively with local WAGES coalitions

19  established in chapter 414 to provide assistance in the

20  development of innovative transportation services for WAGES

21  participants.

22         Section 9.  Section 427.0156, Florida Statutes, is

23  created to read:

24         427.0156  Local coordinating boards; organization and

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

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

27  boards of county commissioners or its designees in each county

28  to be covered in the service area, multicounty local

29  coordinating boards may be appointed. In a multicounty service

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

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

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

  2  coordinating board.

  3         (1)  The metropolitan planning organization or

  4  designated official planning agency shall appoint one elected

  5  official to serve as official chairperson for all local

  6  coordinating board meetings. The appointed chairperson must be

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

  8  county that the local coordinating board serves. For a

  9  multicounty local coordinating board, the elected official who

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

11  counties served.

12         (2)  The local coordinating board shall hold an

13  organizational meeting each year for the purpose of electing a

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

15  majority of a quorum of the members present at the

16  organizational meeting. When the chairperson is absent, the

17  vice-chairperson shall assume the duties of the chairperson

18  and conduct the meeting.

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

20  the following departments, agencies, and constituencies are

21  assigned to the local coordinating board as voting members:

22         (a)  A local representative of the Department of

23  Transportation appointed by the secretary of that department.

24         (b)  A local representative of the Department of

25  Children and Family Services appointed by the secretary of

26  that department.

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

28  and Employment Security appointed by the secretary of that

29  department.

30         (d)  A local representative of the Department of

31  Elderly Affairs appointed by the secretary of that department.

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

  2  Care Administration appointed by the executive director of

  3  that agency.

  4         (f)  A representative of the local WAGES coalition

  5  appointed by the chair of the local coalition.

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

  7  representative of the local transit agency appointed by the

  8  executive director of the transit agency.

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

10  the private not-for-profit transportation industry appointed

11  by the designated planning agency.

12         (i)  One citizen representative who uses the

13  coordinated transportation system as his or her primary means

14  of transportation appointed by the designated official

15  planning agency.

16         (4)  Members of the local coordinating board shall

17  serve without compensation but are entitled to per diem and

18  travel expenses as provided in s. 112.061.

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

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

21  A majority of the members of the local coordinating board

22  constitute a quorum, and a majority vote of the

23  representatives present is necessary for any action taken by

24  the board.

25         (6)  The designated official planning agency shall

26  provide each board with sufficient staff support and resources

27  to enable the board to fulfill its duties and

28  responsibilities.

29         Section 10.  Section 427.0157, Florida Statutes, 1998

30  Supplement, is amended to read:

31

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  1         427.0157  Local coordinating boards; powers and

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

  3  develop local service needs and priorities and to provide

  4  information, advice, evaluation, and direction, and oversight

  5  to the community transportation coordinators on the

  6  coordination of services to be provided to the transportation

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

  8  membership of coordinating boards.  The members of each board

  9  shall be appointed by the metropolitan planning organization

10  or designated official planning agency.  The appointing

11  authority shall provide each board with sufficient staff

12  support and resources to enable the board to fulfill its

13  responsibilities under this section. Each local coordinating

14  board shall meet at least quarterly and shall:

15         (1)  Review and approve the coordinated community

16  transportation disadvantaged service plan, including the

17  memorandum of agreement, prior to submittal to the Department

18  of Transportation commission;

19         (2)  Evaluate services provided in meeting the approved

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

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

22  transportation service to the transportation disadvantaged

23  wherever such service is available and appropriate;

24         (3)  In cooperation with the community transportation

25  coordinator, review and provide recommendations to the

26  Department of Transportation commission on funding

27  applications affecting the transportation disadvantaged;

28         (4)  With the assistance of Assist the community

29  transportation coordinator, establish in establishing

30  priorities and client eligibility criteria with regard to the

31  recipients of nonsponsored transportation disadvantaged

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  1  services that are purchased with Transportation Disadvantaged

  2  Trust Fund moneys.

  3         (5)  Review the performance of the community

  4  transportation coordinator in providing services coordination

  5  strategies of service provision to the transportation

  6  disadvantaged in the designated service area; and

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

  8  regional transportation opportunities and encourage counties

  9  to enter into reciprocal agreements and recognize licensing

10  from other jurisdictions;.

11         (7)  With the assistance of the community

12  transportation coordinator, develop cost-effective

13  transportation alternatives within the coordinated system; and

14         (8)  Develop reciprocal agreements with adjacent boards

15  in order to facilitate and foster innovations to reduce costs

16  and legal barriers to regional transportation disadvantaged

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

18  community transportation coordinator consisting of two

19  counties or more to assess the benefits of reduced

20  administration and elimination of barriers to inter-county

21  operations.

22         (9)(7)  Work cooperatively with local WAGES coalitions

23  established in chapter 414 to provide assistance in the

24  development of innovative transportation services for WAGES

25  participants.

26         Section 11.  Section 427.0159, Florida Statutes, is

27  amended to read:

28         427.0159  Transportation Disadvantaged Trust Fund.--

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

30  Transportation Disadvantaged Trust Fund to be administered by

31  the Department of Transportation Commission for the

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  1  Transportation Disadvantaged. All fees collected for the

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

  3  be deposited in the trust fund.

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

  5  appropriated by the Legislature to the commission and shall be

  6  used to fund grants for operational, planning, and

  7  match-requirement expenses associated with the provision of

  8  transportation disadvantaged services carry out the

  9  responsibilities of the commission and to fund the

10  administrative expenses of the Department of Transportation

11  and the commission.

12         (3)  The Department of Transportation, in consultation

13  with local coordinating boards representing rural and urban

14  coordinated systems, shall determine a fair and equitable

15  grant distribution formula for Transportation Disadvantaged

16  Trust Fund revenues. The formula must include a base

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

18  to, the following variables:

19         (a)  Average trip length;

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

21  population;

22         (c)  Number of medical trips performed;

23         (d)  Number of trips per vehicle;

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

25         (f)  The availability of mass transit.

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

27  the commission to subsidize a portion of a transportation

28  disadvantaged person's transportation costs which is not

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

30  required. Funds for nonsponsored transportation disadvantaged

31  services shall be distributed based upon the need of the

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  1  recipient and according to criteria developed by the

  2  Commission for the Transportation Disadvantaged.

  3         Section 12.  Section 427.016, Florida Statutes, is

  4  amended to read:

  5         427.016  Expenditure of local government, state, and

  6  federal funds for the transportation disadvantaged.--

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

  8  within the state shall be expended to purchase transportation

  9  services from community transportation coordinators or public,

10  private, or private nonprofit transportation operators within

11  the coordinated transportation system, except when member

12  department representatives, after meeting as members of the

13  commission's rate and quality-of-service review committee,

14  determine that their department cannot purchase required

15  transportation services under the service provisions or rates

16  established by the local coordinating board the rates charged

17  by proposed alternate operators are proven, pursuant to rules

18  generated by the Commission for the Transportation

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

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

21  where transportation suited to the unique needs of a

22  transportation disadvantaged person cannot be purchased

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

24  the rule criteria for using an alternative provider, the

25  service may be contracted for directly by the appropriate

26  agency.

27         (b)  Nothing in This subsection does not shall be

28  construed to limit or preclude the Medicaid agency from

29  establishing maximum fee schedules, individualized

30  reimbursement policies by provider type, negotiated fees,

31  competitive bidding, or any other mechanism that the agency

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  1  considers efficient and effective for the purchase of services

  2  on behalf of Medicaid clients.  State and local agencies shall

  3  not contract for any transportation disadvantaged services,

  4  including Medicaid reimbursable transportation services, with

  5  any community transportation coordinator or transportation

  6  operator that has been determined by the Agency for Health

  7  Care Administration, the Department of Legal Affairs Medicaid

  8  Fraud Control Unit, or any state or federal agency to have

  9  engaged in any abusive or fraudulent billing activities.

10         (2)  Each agency purchasing transportation

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

12  Commission for the Transportation Disadvantaged, shall inform

13  the Department of Transportation commission in writing, before

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

15  any money the agency allocated for transportation

16  disadvantaged services. Additionally, each state agency and

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

18  the Department of Transportation commission with an accounting

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

20  trips purchased.

21         (3)  Each metropolitan planning organization or

22  designated official planning agency shall annually compile a

23  report accounting for all local government and direct federal

24  funds for transportation for the disadvantaged expended in its

25  jurisdiction and forward this report by September 15 to the

26  Department of Transportation commission.

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

28  law.

29

30

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Revises provisions relating to the transportation
      disadvantaged. Redefines the term "coordinating board" as
  4    "local coordinating board" and conforms provisions.
      Creates an interagency joint strategic planning process
  5    for agencies that purchase transportation services
      through the transportation disadvantaged program. Revises
  6    the membership, responsibilities, and duties of the
      Commission for the Transportation Disadvantaged.
  7    Delegates state-level administrative functions to the
      Department of Transportation.  Requires the use of the
  8    transportation disadvantaged coordinated system in
      specified circumstances.  Establishes competitive
  9    procurement guidelines for selecting a community
      transportation coordinator and transportation operators.
10    Revises the duties of agencies that purchase
      transportation disadvantaged services. Revises duties of
11    the metropolitan planning organization, community
      transportation coordinators, and local coordinating
12    boards.  Provides for regional agreement to facilitate
      the provision of regional transportation disadvantaged
13    services. Revises the purposes for which funds in the
      Transportation Disadvantaged Trust Fund may be used and
14    provides for the Department of Transportation to
      administer the trust fund.
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