House Bill 0709

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    Florida House of Representatives - 2000                 HB 709

        By Representative Chestnut






  1                      A bill to be entitled

  2         An act relating to transportation-disadvantaged

  3         persons; amending s. 427.011, F.S.; providing

  4         definitions relating to transportation

  5         services; amending s. 427.012, F.S.; providing

  6         for the membership of the Commission for the

  7         Transportation Disadvantaged; amending s.

  8         427.013, F.S.; providing for the purposes and

  9         responsibilities of local governing authorities

10         with respect to transportation-disadvantaged

11         persons; amending s. 427.0135, F.S.; providing

12         requirements with respect to agency purchasers

13         of transportation-disadvantaged services;

14         amending s. 427.015, F.S.; providing for the

15         function of the metropolitan planning

16         organization or designated official planning

17         agency in coordinating transportation for

18         transportation-disadvantaged persons; creating

19         s. 427.0151, F.S.; providing for the selection

20         of the local governing authority; providing for

21         the recommendation of the community

22         transportation coordinator by the M.P.O. or

23         designated official planning agency; amending

24         s. 427.0155, F.S.; providing for the powers and

25         duties of community transportation

26         coordinators; creating s. 427.0156, F.S.;

27         providing for establishment of local

28         coordinating boards; amending s. 427.0157,

29         F.S.; providing for the powers and duties of

30         local coordinating boards; amending s.

31         427.0158, F.S.; providing for cooperation by

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  1         school boards; amending s. 427.0159, F.S.;

  2         providing for the Transportation Disadvantaged

  3         Trust Fund; amending s. 427.016, F.S.;

  4         providing for the use of the coordinated

  5         transportation system by all funding agencies;

  6         authorizing county commissions to become local

  7         governing authorities; providing an effective

  8         date.

  9

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

11

12         Section 1.  Section 427.011, Florida Statutes, is

13  amended to read:

14         (Substantial rewording of section. See

15         s. 427.011, F.S., for present text.)

16         427.011  Definitions.--As used in ss. 427.011-427.017

17  the term:

18         (1)  "Agency" means an official, officer, commission,

19  authority, council, committee, department, division, bureau,

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

21  a municipality, county, or other local governing authority or

22  a private nonprofit transportation-service-providing agency.

23         (2)  "Americans with Disabilities Act," commonly known

24  as the ADA, means the federal law, Pub. L. No. 101-336, which

25  provides protection for persons with disabilities.

26         (3)  "Annual expenditure report" means a report of

27  funding provided for transportation services to the

28  transportation disadvantaged which is prepared annually to

29  cover a period of 1 state fiscal year.

30         (4)  "Commission" means the Commission for the

31  Transportation Disadvantaged.

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  1         (5)  "Community transportation coordinator" means the

  2  county commission or a transportation entity recommended by a

  3  metropolitan planning organization or by the appropriate

  4  designated official planning agency to ensure that coordinated

  5  transportation services are provided to the transportation

  6  disadvantaged within a designated service area.

  7         (6)  "Coordination" means the arrangement for the

  8  provision of transportation services to the transportation

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

10  and safe and reduces the fragmentation and duplication of

11  services.

12         (7)  "Coordination contract" means a written contract

13  between the community transportation coordinator and an agency

14  that receives transportation-disadvantaged funds and performs

15  some, if not all, of its own transportation services pursuant

16  to s. 427.016 which contract contains the specific terms and

17  conditions that will apply to agencies that perform their own

18  transportation and to those alternate providers selected by

19  the agencies, including joint utilization and cost provisions

20  for transportation services to and from the community

21  transportation coordinator.

22         (8)  "Designated official planning agency" means the

23  entity designated by the commission to fulfill the functions

24  of transportation-disadvantaged planning in areas not covered

25  by a metropolitan planning organization, but the term means

26  the metropolitan planning organization with respect to

27  urbanized areas covered by such organizations.

28         (9)  "Designated service area" means a geographical

29  area recommended by the metropolitan planning organization or

30  a designated official planning agency, subject to approval by

31  the commission, which delineates the community where

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  1  coordinated transportation services will be provided to the

  2  transportation disadvantaged.

  3         (10)  "Emergency" means any occurrence, or threat

  4  thereof, whether accidental, natural, or manmade, in war or in

  5  peace, which results or could result in substantial denial of

  6  transportation services within a designated service area for

  7  the transportation disadvantaged.

  8         (11)  "Emergency fund" means moneys set aside in the

  9  Transportation Disadvantaged Trust Fund to address emergency

10  situations which can be used, without competitive bidding, by

11  direct contract, between the commission and an entity to

12  handle transportation services during an emergency.

13         (12)  "Florida coordinated transportation system" means

14  a transportation system responsible for coordinating and

15  providing service for the transportation disadvantaged as

16  specified in this chapter.

17         (13)  "Local coordinating board" means the advisory

18  entity in each designated service area which is composed of

19  representatives designated pursuant to s. 427.0156 to provide

20  assistance to and evaluate the performance of the community

21  transportation coordinator with respect to the coordination of

22  transportation services for the transportation disadvantaged.

23         (14)  "Local governing authority" means the county

24  commission that chooses to govern transportation-disadvantaged

25  services in a designated service area.

26         (15)  "Local government comprehensive plan" means a

27  plan that meets the requirements of ss. 163.3177 and 163.3178.

28         (16)  "Memorandum of agreement" means the contract for

29  transportation-disadvantaged services purchased with federal,

30  state, or local-government transportation-disadvantaged funds.

31  Depending upon the applicability of s. 427.0151, the agreement

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  1  is between either the commission and the community

  2  transportation coordinator or between the local governing

  3  authority and the community transportation coordinator, but in

  4  each case recognizes the community transportation coordinator

  5  as being responsible for the arrangement of the provision of

  6  transportation-disadvantaged services within a designated

  7  service area.

  8         (17)  "Metropolitan planning organization" means the

  9  organization responsible for carrying out transportation

10  planning and programming in accordance with the provisions of

11  23 U.S.C. s. 134, as provided in 23 U.S.C. s. 104(f)(3).

12         (18)  "Nonsponsored transportation-disadvantaged

13  services" means transportation-disadvantaged services that are

14  not sponsored or subsidized by any funding source other than

15  the Transportation Disadvantaged Trust Fund.

16         (19)  "Paratransit" means those elements of public

17  transit which provide service between specific origins and

18  destinations selected by the individual user which service is

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

20  provider of the service. Paratransit service is provided by

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

22  demand-responsive operations that are characterized by the

23  nonscheduled, nonfixed nature of their routes.

24         (20)  "Public transit" means the transporting of people

25  by conveyances or systems of conveyances traveling on land or

26  water, which are local or regional in nature and are available

27  for use by the public. Public transit systems may be

28  governmentally or privately owned. The term specifically

29  includes those forms of transportation commonly known as

30  "paratransit."

31

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  1         (21)  "Regional planning council" means the

  2  organization created under s. 186.504 in a comprehensive

  3  planning district of the state to assist local governments in

  4  resolving common problems, accomplishing areawide

  5  comprehensive and functional planning, and providing a

  6  regional focus in regard to programs undertaken areawide.

  7         (22)  "Reserve fund" means moneys set aside in the

  8  Transportation Disadvantaged Trust Fund each budget year to

  9  ensure that adequate cash is available for incoming

10  reimbursement requests when estimated revenues do not

11  materialize.

12         (23)  "Transportation disadvantaged" means those

13  persons who because of physical or mental disability, income

14  status, or age are unable to transport themselves or to

15  purchase transportation and who are, therefore, dependent upon

16  others in order to obtain access to health care, employment,

17  education, shopping, social activities, or other

18  life-sustaining activities, and the term includes children who

19  are disabled and high-risk children and at-risk children as

20  defined in s. 411.202.

21         (24)  "Transportation-disadvantaged funds" means any

22  local-government, state, or federal funds that are available

23  for the transportation of the transportation disadvantaged,

24  including, without limitation, funds for transportation

25  planning, for Medicaid nonemergency transportation, for

26  administration, operation, procurement, and maintenance of

27  vehicles or equipment, and for capital investments.

28  Eligibility for transportation-disadvantaged services provided

29  by the Transportation Disadvantaged Trust Fund is determined

30  pursuant to s. 427.0159. Transportation-disadvantaged funds do

31

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  1  not include funds for the transportation of children to public

  2  schools.

  3         (25)  "Transportation-disadvantaged service plan" means

  4  an annually updated plan jointly developed by the designated

  5  official planning agency and the community transportation

  6  coordinator. Depending upon the applicability of s. 427.0151,

  7  the service plan must be approved by either the commission or

  8  the local governing authority.

  9         (26)  "Transportation operator" means a public, private

10  for-profit, or private nonprofit entity under contract with

11  the community transportation coordinator to provide

12  transportation service to the transportation disadvantaged

13  pursuant to a transportation-disadvantaged service plan.

14         (27)  "Transportation operator contract" means a

15  written contract between a community transportation

16  coordinator and a transportation operator which prescribes the

17  terms and conditions for any services to be performed, which

18  contract is in a format approved by the commission or local

19  governing authority.

20         Section 2.  Section 427.012, Florida Statutes, is

21  amended to read:

22         (Substantial rewording of section.  See

23         s. 427.012, F.S., for present text.)

24         427.012  The Commission for the Transportation

25  Disadvantaged.--There is created within the Department of

26  Transportation the Commission for Transportation

27  Disadvantaged.

28         (1)  The commission shall consist of the following:

29         (a)  The Secretary of Transportation or the secretary's

30  designee.

31

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  1         (b)  The Secretary of Elderly Affairs or the

  2  secretary's designee.

  3         (c)  The director of the Agency for Health Care

  4  Administration or the director's designee.

  5         (d)  A disabled person who is a member of a recognized

  6  statewide organization representing disabled Floridians, to be

  7  appointed by the Governor.

  8         (e)  A person over the age of 60 who is a member of a

  9  statewide organization representing elderly Floridians, to be

10  appointed by the Governor.

11         (f)  A representative of current private for-profit or

12  private not-for-profit transportation operators, to be

13  appointed by the Governor.

14         (g)  A representative of the community transportation

15  coordinators, to be appointed by the Governor.

16         (h)  Two members appointed by the President of the

17  Senate.

18         (i)  Two members appointed by the Speaker of the House

19  of Representatives.

20         (2)  The appointive members of the commission shall be

21  appointed to serve terms of 4 years each, except that two of

22  the Governor's initial nongovernmental appointees shall be

23  appointed to serve an initial term of 2 years. The appointees

24  of the President of the Senate and the Speaker of the House of

25  Representatives shall serve at the pleasure of the appointing

26  officer.

27         (3)  Each member must be a registered voter and a

28  resident of the state. Each member of the commission must also

29  possess managerial experience.

30         (4)  Each member of the commission shall represent the

31  transportation-disadvantaged needs of the state as a whole and

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  1  shall not subordinate the needs of the state to those of any

  2  particular area of the state.

  3         (5)  Members of the commission must not have been

  4  convicted of a felony.

  5         (6)  The commission shall also include the following

  6  nonvoting, ex officio members as liaisons to state agencies:

  7         (a)  The Secretary of Children and Family Services or

  8  the secretary's designee.

  9         (b)  The Secretary of Health or the secretary's

10  designee.

11         (c)  The Secretary of Labor and Employment Security or

12  the secretary's designee.

13         (d)  The executive director of the Department of

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

15         (7)  The chair and vice chair of the commission shall

16  be elected annually from the membership of the commission.

17         (8)  Members of the commission shall serve without

18  compensation, but shall be allowed per diem and travel

19  expenses as provided in s. 112.061.

20         (9)  Members of the commission are subject to the

21  provisions of part III of chapter 112. With the exception of

22  the operator representative and the community transportation

23  coordinator representative, a member of the commission may not

24  have any interest, direct or indirect, in any contract,

25  franchise, privilege, or other benefit granted or awarded

26  through the transportation-disadvantaged program.

27         (10)  The commission shall meet at least quarterly, or

28  more frequently at the call of its chair. A majority of the

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

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

31  by the commission.

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  1         (11)  The Governor may remove any member of the

  2  commission for cause.

  3         (12)  The commission shall appoint an executive

  4  director, who shall serve under the direction, supervision,

  5  and control of the commission. The executive director, with

  6  the consent of the commission, shall employ within budgetary

  7  limitations such personnel as are necessary to perform

  8  adequately the functions of the commission. All employees of

  9  the commission are exempt from the Career Service System.

10         (13)  The commission is assigned to the office of the

11  Secretary of Transportation for administrative and fiscal

12  accountability purposes, but it shall otherwise function

13  independently of the control, supervision, and direction of

14  the department.

15         (14)  The commission, after consultation with the local

16  governing authority, shall develop a budget for the

17  Transportation Disadvantaged Trust Fund pursuant to chapter

18  216. The budget is not subject to change by the department

19  after it has been approved by the commission, but it shall be

20  transmitted to the Governor along with the budget of the

21  department.

22         Section 3.  Section 427.013, Florida Statutes, is

23  amended to read:

24         (Substantial rewording of section.  See

25         s. 427.013, F.S., for present text.)

26         427.013  The Commission for the Transportation

27  Disadvantaged; purpose and responsibilities; local governing

28  authorities; purpose and responsibilities.--The purpose of the

29  commission is to accomplish and facilitate the coordination of

30  transportation services provided to the transportation

31  disadvantaged. The goal of this coordination is to assure the

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  1  cost-effective provision of safe and reliable transportation

  2  by qualified community transportation coordinators or

  3  transportation operators for the transportation disadvantaged

  4  without any bias or presumption in favor of multioperator

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

  6  operator systems or for-profit transportation operators.

  7         (1)  The commission has the responsibility to:

  8         (a)  Compile all available information concerning the

  9  transportation operations for and needs of the transportation

10  disadvantaged in the state.

11         (b)  Provide by rule, for those designated service

12  areas not governed by a local-governing authority, objectives

13  for providing transportation services for the transportation

14  disadvantaged.

15         (c)  Provide by rule, for those designated service

16  areas not governed by a local governing authority, policies

17  and procedures for the coordination of local-government,

18  federal, and state funding for the transportation

19  disadvantaged.

20         (d)  Identify barriers prohibiting the coordination and

21  accessibility of transportation services to the transportation

22  disadvantaged and aggressively pursue the elimination of these

23  barriers.

24         (e)  Serve as a clearinghouse for information

25  concerning transportation disadvantaged services, training,

26  funding sources, innovations, and coordination efforts.

27         (f)  Assist communities in developing transportation

28  systems designed to serve the transportation disadvantaged.

29         (g)  Assure that all procedures, guidelines, and

30  directives issued by purchasing agencies are conducive to the

31  coordination of transportation services.

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  1         (h)1.  Require by rule that each agency purchase all

  2  trips within the coordinated system, unless the agency proves

  3  to the local governing authority or, in designated service

  4  areas not governed by a local governing authority, the

  5  commission that the agency can use a more cost-effective

  6  alternative provider.

  7         2.  Prescribe by rule procedures for proving to the

  8  local governing authority or, in designated service areas not

  9  governed by a local governing authority, the commission that

10  an alternative provider is more cost-effective than the

11  coordinated system. Agencies must demonstrate either that the

12  proposed alternative provider can provide a trip of equal

13  quality and safety for the clients at a lower cost than that

14  provided within the coordinated system or that the coordinated

15  system cannot accommodate the agency's clients.

16         (i)  For designated service areas not governed by a

17  local governing authority, develop standards and rules for

18  community transportation coordinators and any transportation

19  operator or coordination contractor from whom service is

20  purchased or arranged by the community transportation

21  coordinator covering coordination, operation, safety,

22  insurance, eligibility for services, costs, and use of

23  transportation-disadvantaged services. These standards and

24  rules must include, but are not limited to standards and rules

25  governing:

26         1.  Minimum performance standards for the delivery of

27  services. These standards should be included in coordinator

28  contracts and transportation operator contracts and contain

29  clear penalties for repeated or continuing violations.

30         2.  Minimum liability insurance requirements for all

31  transportation services purchased, provided, or coordinated

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  1  for the transportation disadvantaged through the community

  2  transportation coordinator.

  3         3.  Drug and alcohol testing for safety-sensitive job

  4  positions.

  5         4.  Escort of passengers or passengers services.

  6         5.  A local complaint process that will advise

  7  dissatisfied persons concerning the community transportation

  8  coordinator's procedures governing complaints or grievances

  9  and the commission's ombudsman program.

10         6.  Trips out of service area.

11         7.  Billing requirements for the community

12  transportation coordinators.

13         8.  Adequate seating arrangements for paratransit

14  riders and escorts.

15         9.  Paratransit drivers' duties and behaviors.

16         10.  Policies for passenger no shows, including the

17  assessment of fines against passengers for no shows.

18         11.  Vehicle operations and equipment, including

19  two-way communications in paratransit vehicles and air

20  conditioning and heaters in each vehicle.

21         12.  First aid and cardiopulmonary resuscitation

22  policies.

23         13.  Reporting or planning requirements for community

24  transportation coordinators, transportation operators,

25  coordination contractors, state agencies and departments,

26  metropolitan planning organizations, and designated official

27  planning agencies.

28         (j)  Develop and monitor rules and procedures for

29  administering ss. 427.011-427.017.

30

31

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  1         (k)  For designated service areas not governed by a

  2  local governing authority, approve the appointment of all

  3  community transportation coordinators.

  4         (l)  Apply for and accept funds, grants, gifts, and

  5  services from the Federal Government, state government, local

  6  governments, or private funding sources. Funds acquired or

  7  accepted under this paragraph must be administered by the

  8  commission to carry out the commission's responsibilities.

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

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

11  Representatives by February 1 of each year.

12         (n)  After consultations with local governing

13  authorities, prepare a statewide 5-year

14  transportation-disadvantaged plan that addresses the

15  transportation problems and needs of the transportation

16  disadvantaged, that is fully coordinated with local transit

17  plans, compatible with local government comprehensive plans,

18  and that ensures that the most cost-effective and efficient

19  method of providing transportation to the disadvantaged is

20  programmed for development.

21         (o)  For designated service areas not governed by a

22  local governing authority, review and approve memorandums of

23  agreement and transportation-disadvantaged service plans for

24  the provision of coordinated transportation services.

25         (p)  For designated service areas not governed by a

26  local governing authority, review, monitor, and coordinate all

27  requests for transportation-disadvantaged local-government,

28  state, and federal funds and all plans for conformance with

29  commission policy, without delaying the application process.

30  Such funds must be available only to those entities

31  participating in an approved coordinated transportation system

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  1  or entities that have received a commission-approved waiver to

  2  obtain all or part of their transportation through another

  3  means. This process must identify procedures for coordinating

  4  with the state's intergovernmental coordination and review

  5  procedures and s. 216.212(1) and any other appropriate

  6  grant-review process.

  7         (q)  For designated service areas not governed by a

  8  local governing authority, develop a contracting, billing, and

  9  accounting system to be used by all community transportation

10  coordinators and their transportation operators.

11         (r)  Design, develop, arrange, and implement

12  transportation-disadvantaged training programs. The commission

13  shall coordinate, arrange, or provide statewide training

14  programs for local governing authorities, local coordinating

15  boards, designated planning agencies, community transportation

16  coordinators, transportation operators, and consumers. Local

17  governing authorities and community transportation

18  coordinators may use trust fund moneys for travel to

19  commission training programs. The commission shall provide

20  local service areas with technical assistance in training and

21  coordinate other training opportunities to prevent duplication

22  of effort and expense.

23         (s)  To the extent practicable, assist in the

24  coordination of transportation-disadvantaged programs with

25  appropriate state, local, and federal agencies and public

26  transit agencies to ensure compatibility with existing

27  transportation systems.

28         (t)  Designate the official planning agency in areas

29  outside the purview of a metropolitan planning organization.

30         (u)  Provide by rule, for designated service areas not

31  governed by a local governing authority, need-based criteria

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  1  that must be used by all community transportation coordinators

  2  and local coordinating boards to prioritize the delivery of

  3  nonsponsored transportation-disadvantaged services that are

  4  purchased with moneys from the Transportation Disadvantaged

  5  Trust Fund.

  6         (v)  Provide by rule criteria that must be used by all

  7  community transportation coordinators and local coordinating

  8  boards to determine passenger eligibility for nonsponsored

  9  transportation-disadvantaged services that are purchased with

10  moneys from the Transportation Disadvantaged Trust Fund.

11         (w)  For designated service areas not governed by a

12  local governing authority, develop a quality assurance and

13  evaluation program to monitor, based upon approved commission

14  performance standards, rules, and contracts, services

15  contracted for by an agency, services provided by a designated

16  official planning agency, and services provided by a community

17  transportation coordinator and its transportation operators

18  and coordination contractors. Staff of the quality assurance

19  and management review program shall function independently and

20  be directly responsible to the executive director.

21         (x)  Ensure that local community transportation

22  coordinators 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         (y)  Review and issue a nonbinding report, at least

27  every 3 years, regarding the cost-effectiveness of each

28  community transportation coordinator.

29         1.  The report must include the actual expenditures for

30  transportation-disadvantaged services for each state agency,

31  and the actual expenditures of each official planning agency,

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  1  local government, and agency that is directly federally

  2  funded. The report must also include reviews of the

  3  cost-effectiveness of the community transportation

  4  coordinators or other transportation operators.

  5         2.  The commission shall analyze and report the data

  6  and conclusions in a format of its choosing. The final report

  7  must be delivered to the Governor, the President of the

  8  Senate, the Speaker of the House of Representatives, the local

  9  governing authorities, the county commissioners in each

10  designated service area, and the local coordinating boards.

11         3.  The report, at a minimum, must address the

12  following:

13         a.  The extent to which the community transportation

14  coordinator is maximizing the use of volunteer services.

15         b.  The extent to which the community transportation

16  coordinator is maximizing the use of resources for which

17  federal, state, or local government agencies have already

18  paid, such as transit and fixed-route services.

19         c.  The extent to which the community transportation

20  coordinator has compared the cost of its actual and proposed

21  services with those of local nongovernmental transportation

22  operators serving the general public for trips of equal

23  average trip length. Such comparison may distinguish between

24  the accessible and nonaccessible trips but must be without

25  regard to other special requirements and, if the community

26  transportation coordinator's actual cost exceeds such private

27  market costs, the extent to which the community transportation

28  coordinator has demonstrated an essential public welfare

29  concern that justifies the higher expenditure.

30         d.  Not in lieu of, but in addition to sub-subparagraph

31  c., if the community transportation coordinator provides a

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  1  specialized service not available in the general public, the

  2  extent to which such system has been compared in cost to

  3  similar specialized services in comparable jurisdictions, and,

  4  if the actual cost of the system exceeds the cost of

  5  comparable systems, the extent to which the community

  6  transportation coordinator has demonstrated an essential

  7  public welfare concern which justifies the higher expenditure.

  8         e.  The extent to which the community transportation

  9  coordinator has developed an anti-fraud program that provides

10  a comprehensive and cost-effective anti-fraud strategy.

11         f.  The extent to which the community transportation

12  coordinator has developed a quality-of-service program that

13  provides comprehensive and effective quality-of-service

14  assurance for clients of the system.

15         g.  The extent to which the community transportation

16  coordinator has developed an eligibility screening process

17  that assures that only persons meeting the statutory

18  requirements of federal and state law are permitted to use the

19  system, with prioritization as to need to the extent allowable

20  by law.

21         4.  The purpose of the report is to be informational

22  and not binding upon the local governing authority or upon the

23  community transportation coordinator, and the report is to be

24  used as the local governing authority or the community

25  transportation coordinator considers appropriate. Although not

26  mandatory, this section does not preclude the local governing

27  authority or the community transportation coordinator from

28  responding to the issued report.

29         (z)  Adopt rules and procedures necessary to carry out

30  the purposes of this section.

31

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  1         (2)  In designated services areas where the county

  2  commission elects to become the local governing authority, the

  3  local governing authority has the following powers in addition

  4  to those conferred by s. 427.0151:

  5         (a)  To provide objectives for providing transportation

  6  services for the transportation disadvantaged within the

  7  jurisdiction of the local governing authority.

  8         (b)  To develop policies and procedures for the

  9  coordination of local government, federal, and state funding

10  for the transportation disadvantaged within the jurisdiction

11  of the local governing authority.

12         (c)  To assure that all procedures, guidelines, and

13  directives issued by purchasing agencies are conducive to the

14  coordination of transportation services.

15         (d)  To assure that agencies purchase all trips within

16  the coordinated system within the jurisdiction of the local

17  governing authority, unless the agency proves to the local

18  governing authority that it can use a more cost-effective,

19  alternative provider. The local governing authority must

20  develop criteria and procedures for agencies to prove that an

21  alternative provider is more cost-effective and appropriate

22  than the coordinated system.

23         (e)  To develop standards and rules for community

24  transportation coordinators and any transportation operator

25  and coordination contractor from whom service is purchased or

26  arranged by the community transportation coordinator covering

27  coordination, operation, safety, insurance, eligibility for

28  services, costs, and use of transportation-disadvantaged

29  services.

30         (f)  To appoint the community transportation

31  coordinator.

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  1         (g)  To apply for and accept funds, grants, gifts, and

  2  services from the Federal Government, state government, local

  3  governments, or private funding sources. Funds acquired or

  4  accepted under this subsection must be collected and

  5  administered by the local governing authority to carry out the

  6  local governing authority's responsibilities.

  7         (h)  To review and approve memorandums of agreement and

  8  transportation-disadvantaged service plans for the provision

  9  of coordinated transportation services.

10         (i)  To review, monitor, and coordinate applicable

11  transportation-disadvantaged local government, state, and

12  federal fund requests and plans for conformance with local

13  governing authority policy, without delaying the application

14  process.

15         (j)  To develop a contracting, billing, and accounting

16  system to be used by the community transportation coordinator

17  and its transportation operators.

18         (k)  To develop need-based criteria that must be used

19  by the community transportation coordinator to prioritize the

20  delivery of nonsponsored transportation-disadvantaged

21  services.

22         (l)  To develop a quality assurance and evaluation

23  program to monitor, based upon approved local governing

24  authority standards and contracts, services contracted for by

25  an agency, services provided by a designated official planning

26  agency, and services provided by a community transportation

27  coordinator and its transportation operators and coordination

28  contractors.

29         (m)  To ensure that the local community transportation

30  coordinator works cooperatively with local WAGES coalitions

31  established in chapter 414 to provide assistance in the

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  1  development of innovative transportation services for WAGES

  2  participants.

  3         Section 4.  Section 427.0135, Florida Statutes, is

  4  amended to read:

  5         427.0135  Agency purchasers of

  6  transportation-disadvantaged services Member departments;

  7  duties and responsibilities.--Each agency purchasing

  8  transportation-disadvantaged services member department, in

  9  carrying out the policies and procedures of the commission,

10  shall:

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

12  the provision of transportation-disadvantaged services to its

13  clients, unless the agency, using procedures developed in rule

14  by the commission, proves to the local governing authority or,

15  when appropriate, to the commission that the use of an

16  alternative provider is more cost-effective and appropriate

17  than the coordinated system each department meets the criteria

18  outlined in rule to use an alternative provider.

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

20  Medicaid agency shall purchase nonemergency transportation

21  services through the community coordinated transportation

22  system unless a more cost-effective method is determined by

23  the agency for Medicaid clients or unless otherwise limited or

24  directed by the General Appropriations Act.

25         (2)  Provide the commission, by October September 15 of

26  each year, with an accounting of all funds spent as well as

27  the number of as how many trips that were purchased with

28  agency funds.

29         (3)  Assist communities in developing coordinated

30  transportation systems designed to serve the transportation

31  disadvantaged.

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  1         (4)  Assure that its rules, procedures, guidelines, and

  2  directives are conducive to the coordination of transportation

  3  funds and services for the transportation disadvantaged.

  4         (5)  Provide technical assistance, as needed, to

  5  community transportation coordinators or transportation

  6  operators or participating agencies.

  7         Section 5.  Section 427.015, Florida Statutes, is

  8  amended to read:

  9         427.015  Function of the metropolitan planning

10  organization or designated official planning agency in

11  coordinating transportation for the transportation

12  disadvantaged.--

13         (1)  The metropolitan planning organization or

14  designated planning agency shall assist in the local

15  coordination of transportation services provided to the

16  transportation disadvantaged in each designated service area.

17  The goal of this local coordination is to assure the

18  cost-effective and safe provision of transportation by

19  qualified community transportation coordinators and

20  transportation operators for the transportation disadvantaged

21  without any bias or presumption in favor of multioperator

22  systems or not-for-profit transportation operators over

23  single-operator systems or for-profit systems.

24         (1)  In developing the transportation improvement

25  program, each metropolitan planning organization or designated

26  official planning agency in this state shall include a

27  realistic estimate of the cost and revenue that will be

28  derived from transportation disadvantaged services in its

29  area.  The transportation improvement program shall also

30  identify transportation improvements that will be advanced

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

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  1  this subsection to be included in the transportation

  2  improvement program shall only be included after consultation

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

  4  funds are included in the transportation improvement program.

  5         (2)  Each metropolitan planning organization or

  6  designated official planning agency shall recommend to the

  7  commission a single community transportation coordinator. The

  8  coordinator may provide all or a portion of needed

  9  transportation services for the transportation disadvantaged

10  but shall be responsible for the provision of those

11  coordinated services. Based on approved commission evaluation

12  criteria, the coordinator shall subcontract or broker those

13  services that are more cost-effectively and efficiently

14  provided by subcontracting or brokering. The performance of

15  the coordinator shall be evaluated based on the commission's

16  approved evaluation criteria by the coordinating board at

17  least annually. A copy of the evaluation shall be submitted to

18  the metropolitan planning organization or the designated

19  official planning agency, and the commission. The

20  recommendation or termination of any community transportation

21  coordinator shall be subject to approval by the commission.

22         (2)(3)  Each metropolitan planning organization or

23  designated official planning agency shall prepare an annual

24  expenditure report request each local government in its

25  jurisdiction to provide an estimate of all local and direct

26  federal funds to be expended for transportation for the

27  disadvantaged. The metropolitan planning organization or

28  designated official planning agency shall consolidate this

29  information into a single report and forward it, by October 15

30  the beginning of each fiscal year, to the commission.

31

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  1         (3)  Each metropolitan planning organization or

  2  designated official planning agency shall assist the community

  3  transportation coordinator in developing and annually updating

  4  a transportation-disadvantaged service plan.

  5         Section 6.  Section 427.0151, Florida Statutes, is

  6  created to read:

  7         427.0151  Selection of the local governing authority;

  8  recommendation of the community transportation coordinator by

  9  the metropolitan planning organization or designated official

10  planning agency.--

11         (1)(a)  Each metropolitan planning organization or

12  designated official planning agency must first ask the

13  appropriate county commission whether the county commission

14  chooses to become the local governing authority that is to

15  govern coordinated transportation services for the

16  transportation disadvantaged within the authority's designated

17  service area.

18         (b)  If the county commission elects to become the

19  local governing authority, it must next decide whether it will

20  also become the community transportation coordinator with all

21  powers and responsibilities conferred by this chapter. If the

22  county commission elects to become the local governing

23  authority but not the community transportation coordinator,

24  the county commission must appoint the community

25  transportation coordinator for the designated service area. In

26  appointing the community transportation coordinator, the

27  county commission is not precluded from using a

28  competitive-procurement selection process and, if so, is

29  specifically authorized to use the county's

30  competitive-procurement laws and procedures, including

31  contested-procurement appeal procedures, to appoint the

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  1  community transportation coordinator. The appointed community

  2  transportation coordinator shall serve at the pleasure of the

  3  local governing authority.

  4         (2)(a)  Alternatively, a metropolitan planning

  5  organization or designated official planning agency may ask

  6  the appropriate county commissions in a multi-county area

  7  whether the county commissions wish to form the local

  8  governing authority that is to govern coordinated

  9  transportation services for the transportation disadvantaged

10  within the authority's multi-county designated service area.

11         (b)  If the county commissions choose to create a

12  multi-county designated service area, the local governing

13  authority shall consist of a number of county commission

14  members fixed by a written agreement between the counties in

15  the designated service area; however, the number of county

16  commission members must proportionally represent the counties

17  in the designated service area. County commissioners appointed

18  to the board of the local governing authority will serve for a

19  term of 2 years.

20         (c)  If a multi-county commission local governing

21  authority is established, the multi-county local governing

22  authority must decide whether it will also become the

23  community transportation coordinator with all powers and

24  responsibilities conferred by the chapter. If the multi-county

25  local governing authority elects not to become the community

26  transportation coordinator, it must appoint the community

27  transportation coordinator for the multi-county designated

28  service area. In appointing the community transportation

29  coordinator, the multi-county local governing authority is not

30  precluded from using a competitive-procurement selection

31  process and, if so, is specifically authorized to use

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  1  competitive-procurement laws and procedures, including

  2  contested-procurement appeal procedures, to appoint the

  3  community transportation coordinator. The multi-county local

  4  governing authority shall select the competitive-procurement

  5  laws and procedures it intends to use. The appointed community

  6  transportation coordinator shall serve at the pleasure of the

  7  multi-county local governing authority.

  8         (3)(a)  Whenever a county commission chooses not to

  9  become the local governing authority, the appropriate

10  metropolitan planning organization or designated official

11  planning agency shall recommend to the commission a single

12  community transportation coordinator for the designated

13  service area.

14         (b)  Notwithstanding chapter 287, the appropriate

15  metropolitan planning organization or designated official

16  planning agency may recommend the community transportation

17  coordinator for the designated service area without use of

18  competitive procurement. However, in recommending the

19  community transportation coordinator, the appropriate

20  metropolitan planning organization or designated official

21  planning agency is not precluded from using a

22  competitive-procurement selection process and, if so, is

23  specifically authorized to follow the provisions of chapter

24  287 in appointing the community transportation coordinator.

25         (c)  The metropolitan planning organization or

26  designated official planning agency shall submit the

27  recommendation to the commission. The commission has the power

28  to appoint, renew the appointment of, or terminate the

29  appointment of any community transportation coordinator.

30         (d)  The selected community transportation coordinator

31  will serve for up to 5 years before renewal.

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  1         (e)  The commission shall adopt rules for the

  2  recommendation, designation, selection, renewal, approval, and

  3  revocation of designation of any community transportation

  4  coordinator by a metropolitan planning organization or

  5  designated official planning agency in designated service

  6  areas not governed by a local governing authority.

  7         Section 7.  Section 427.0155, Florida Statutes, is

  8  amended to read:

  9         (Substantial rewording of section.  See

10         s. 427.0155, F.S., for present text.)

11         427.0155  Community transportation coordinators; powers

12  and duties.--

13         (1)  The community transportation coordinator may

14  provide all or a portion of needed transportation services for

15  the transportation disadvantaged but shall remain responsible

16  for the provision of those coordinated services in the

17  designated service area.

18         (2)  The community transportation coordinator shall

19  subcontract or broker those transportation services that are

20  more cost-effectively and efficiently provided.

21         (3)  Community transportation coordinators have the

22  powers and duty to:

23         (a)  Execute contracts for service using a standard

24  contract that includes performance standards for

25  transportation operators and coordination contractors. When

26  purchasing transportation-disadvantaged services, a community

27  transportation coordinator must comply with

28  competitive-procurement procedures of chapter 287. If the

29  community transportation coordinator is a local governing

30  authority, the community transportation coordinator must

31  comply with the competitive-procurement procedures of the

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  1  county in which it operates. However, this

  2  competitive-procurement requirement does not restrict the

  3  community transportation coordinator's ability to issue

  4  requests for proposals or to negotiate contracts.

  5         (b)  Collect annual operating data for submittal to the

  6  local coordinating board, the metropolitan planning

  7  organization, or the designated official planning agency; to

  8  the local governing authority, when appropriate; and to the

  9  commission.

10         (c)  Review and analyze all transportation operator and

11  coordination contractor contracts annually.

12         (d)  Approve and coordinate the use of school buses and

13  public transportation services in accordance with the

14  transportation-disadvantaged service plan.

15         (e)  In cooperation with the local coordinating board,

16  review all applications for local-government, federal, and

17  state transportation-disadvantaged funds, and develop

18  cost-effective coordination strategies. With the approval of

19  the local coordinating board, the commission or, when

20  applicable, the local governing authority, funding to support

21  the community transportation coordinator's functions

22  associated with coordination activities may be obtained from a

23  coordination fee charged as part of each trip arranged or

24  provided.

25         (f)  Develop, negotiate, implement, and monitor a

26  transportation-disadvantaged service plan. The transportation

27  disadvantaged-service plan must be reviewed by the local

28  coordinating board and approved by the local governing

29  authority or, in designated service areas not governed by a

30  local governing authority, by the commission. A copy of the

31

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  1  plan approved by the local governing authority must be

  2  forwarded, within 30 days, to the commission.

  3         (g)  The community transportation coordinator and the

  4  local coordinating board shall establish priorities with

  5  regard to the recipients of nonsponsored transportation

  6  disadvantaged services that are purchased with moneys from the

  7  Transportation Disadvantaged Trust Fund. The established

  8  priorities must be approved by the local governing authority,

  9  when appropriate.

10         (4)  Work cooperatively with local WAGES coalitions

11  established in chapter 414 to provide assistance in the

12  development of innovative transportation services for WAGES

13  participants.

14         Section 8.  Section 427.0156, Florida Statutes, is

15  created to read:

16         427.0156  Local coordinating boards; establishment and

17  membership.--

18         (1)  A local coordinating board shall be established in

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

20  boards of county commissioners in each county to be covered in

21  the designated service area, multicounty local coordinating

22  boards may be appointed. In a multicounty service area, the

23  written agreement must state the order in which the counties

24  will rotate the position of chair and the length of time for

25  which each county's representative is to serve as chair on the

26  local coordinating board.

27         (2)  The local coordinating board shall be an advisory

28  body whose purpose is to identify local service needs and to

29  provide information, advice, consultation, direction, and

30  criticism to the local governing authority and to the

31  community transportation coordinator on the coordination of

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  1  services to be provided to the transportation disadvantaged in

  2  the designated service area.

  3         (3)  The metropolitan planning organization or the

  4  designated planning agency shall appoint one elected official

  5  to serve as official chair for all local coordinating board

  6  meetings. The appointed chair must be an elected official from

  7  the county that the local coordinating board serves. For a

  8  multicounty local coordinating board, the elected official who

  9  is appointed to serve as chair must be from one of the

10  counties served. The chair of a multicounty local coordinating

11  board shall coordinate as nearly equal representation of the

12  counties in the service area as is feasible.

13         (4)  In addition to the chair, the other members of the

14  local coordinating board shall be appointed by the

15  metropolitan planning organization or the designated official

16  planning agency. The following entities or persons must be

17  voting members on the local coordinating board:

18         (a)  A local representative of the Department of

19  Transportation, to be appointed by the secretary of that

20  department.

21         (b)  A local representative of the Department of

22  Children and Family Services, to be appointed by the secretary

23  of that department.

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

25  and Employment Security, to be appointed by the secretary of

26  that department.

27         (d)  A local representative of the Department of

28  Veterans' Affairs, to be appointed by the executive director

29  of that department.

30

31

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  1         (e)  A local representative of the Department of

  2  Elderly Affairs, to be appointed by the secretary of that

  3  department.

  4         (f)  A local representative of the Agency for Health

  5  Care Administration, to be appointed by the executive director

  6  of that agency.

  7         (g)  A local representative of the Department of

  8  Health, to be appointed by the secretary of that department.

  9         (h)  A local representative of the local WAGES

10  coalition, to be appointed by the chair of the local WAGES

11  coalition.

12         (i)  In counties served by public transit systems, a

13  representative of the local transit agency, to be appointed by

14  the executive director of that transit agency, except in cases

15  where the public transit system serves as the community

16  transportation coordinator.

17         (j)  A disabled person representing the disabled in the

18  county, to be appointed by a majority vote of the members

19  present.

20         (k)  One representative of the local private for-profit

21  transportation industry, to be appointed by a majority vote of

22  the members present, except in cases when the private

23  for-profit transportation member serves as the community

24  transportation coordinator.

25         (l)  One representative of the local private

26  not-for-profit transportation industry, to be appointed by a

27  majority vote of the members present, except in cases when the

28  private not-for-profit transportation member serves as the

29  community transportation coordinator.

30         (m)  Two citizen representatives who use the

31  coordinated transportation system as their primary means of

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  1  transportation, to be appointed by a majority vote of the

  2  members present.

  3         (5)  For a multicounty local coordinating board, if one

  4  or more metropolitan planning organizations or the designated

  5  official planning agency serve the designated service area,

  6  affected metropolitan planning organizations and the

  7  designated official planning agency shall meet to jointly

  8  appoint voting members to the local coordinating board. The

  9  composition of the multicounty local coordinating board shall

10  constitute as fairly proportional representation of the

11  counties in the service area as is feasible.

12         (6)(a)  An employee of a community transportation

13  coordinator may not serve as a voting member of the local

14  coordinating board in an area where the community

15  transportation coordinator serves. However, community

16  transportation coordinators and their employees are not

17  prohibited from serving on a local coordinating board in an

18  area where they are not the coordinator.

19         (b)  An elected official serving as chair of the

20  coordinating board, or other governmental employees that are

21  not employed for the purpose of making provisions for

22  transportation and are not directly supervised by the

23  community transportation coordinator, are not precluded from

24  serving as voting members of the coordinating board.

25         (7)  All members of the local coordinating board shall

26  be appointed for 3-year staggered terms with initial members

27  being appointed equally for 1 year, 2 years, and 3 years.

28         (8)  The local coordinating board shall hold an

29  organizational meeting each year for the purpose of electing a

30  vice chair. The vice chair shall be elected by a majority vote

31  of the members of the local coordinating board present and

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  1  voting at the organizational meeting. When the chair is

  2  absent, the vice chair shall assume the duties of the chair

  3  and conduct the meeting.

  4         (9)  The local coordinating board shall meet at least

  5  quarterly, or more frequently at the call of the chair. A

  6  majority of the members of the local coordinating board

  7  constitutes a quorum, and a majority vote of the

  8  representatives present is necessary for any action taken by

  9  the local coordinating board.

10         (10)  Members of the local coordinating board shall

11  serve without compensation but are entitled to per diem and

12  travel expenses as provided in s. 112.061.

13         (11)  The metropolitan planning organization or the

14  designated planning agency shall provide each board with

15  sufficient staff support and resources to enable it to fulfill

16  its duties and responsibilities.

17         Section 9.  Section 427.0157, Florida Statutes, is

18  amended to read:

19         (Substantial rewording of section.  See

20         s. 427.0157, F.S., for present text.)

21         427.0157  Local coordinating boards; powers and

22  duties.--

23         (1)  The purpose of each local coordinating board is to

24  develop local service needs and priorities and to provide

25  information, advice, and direction to the local governing

26  authority and to the community transportation coordinators

27  concerning the coordination of services to be provided to the

28  transportation disadvantaged in the local governing

29  authority's designated service area.

30         (2)  Each local coordinating board shall meet at least

31  quarterly and shall:

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  1         (a)  Review the transportation-disadvantaged service

  2  plan with the community transportation coordinator and provide

  3  its findings to the local governing authority and to the

  4  commission.

  5         (b)  Evaluate services provided by the community

  6  transportation coordinator in meeting the requirements of the

  7  approved transportation-disadvantaged service plan.

  8         (c)  In cooperation with the community transportation

  9  coordinator, review and provide recommendations to the local

10  governing authority or, when appropriate, to the commission

11  concerning funding applications affecting the transportation

12  disadvantaged.

13         (d)  Assist the community transportation coordinator in

14  establishing priorities and trip purposes, and determining

15  client eligibility with regard to the recipients of

16  nonsponsored transportation-disadvantaged services that are

17  purchased with moneys from the Transportation Disadvantaged

18  Trust Fund.

19         (e)  In designated service areas not governed by a

20  local governing authority, assist the metropolitan planning

21  organization or designated official planning agency in the

22  process of recommending to the commission the community

23  transportation coordinator.

24         (f)  At least annually, review and evaluate the

25  performance of the community transportation coordinator in

26  providing or arranging transportation services to the

27  transportation disadvantaged in the designated service area.

28  The evaluation of the performance of the coordinator must be

29  based on the approved evaluation criteria and performance

30  measures developed by the local governing authority or, in

31  designated service areas not governed by a local governing

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  1  authority, by the commission. A copy of the performance

  2  evaluation shall be submitted to the local governing

  3  authority, to the metropolitan planning organization or the

  4  designated official planning agency, and to the commission.

  5         (g)  Evaluate multicounty or regional transportation

  6  opportunities.

  7         (h)  Work cooperatively with local WAGES coalitions

  8  established in chapter 414 to provide assistance in the

  9  development of innovative transportation services for WAGES

10  participants.

11         (3)  Whenever possible, local coordinating boards shall

12  develop reciprocal agreements with adjacent local coordinating

13  boards in order to facilitate and foster innovative agreements

14  to reduce costs and legal barriers to multicounty or regional

15  transportation-disadvantaged service needs. Local coordinating

16  boards shall cooperate with local governing authorities to

17  reduce barriers to efficient multicounty or regional

18  transportation-disadvantaged services.

19         (4)  The local coordinating board may recommend

20  approval or disapproval of transportation operator and

21  coordination contractor contracts to the community

22  transportation coordinator, providing the basis for its

23  recommendation. Within 30 days after its receipt of the local

24  coordinating board's recommendation, the community

25  transportation coordinator must accept or reject the

26  recommendation, providing written reasons for its rejection.

27  The local coordinating board may request the local governing

28  authority or, in designated service areas not governed by a

29  local governing authority, the commission to review the

30  community transportation coordinator's final decision. A copy

31

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  1  of the community transportation coordinator's response, in any

  2  instance, must be forwarded to the commission.

  3         (5)  Each local coordinating board shall establish a

  4  grievance committee to hear complaints and other matters from

  5  riders and interested persons. The commission by rule shall

  6  establish the size, composition, specific tasks, and

  7  procedures for the grievance committee process.

  8         (6)  Each local coordinating board shall assist the

  9  local governing authority in assuring that each state or local

10  agency purchases all trips within the coordinated system,

11  unless the agency demonstrates to the local governing

12  authority, pursuant to s. 427.0160, that the agency's use of

13  an alternative provider is more cost-effective than the

14  purchase of transportation through the coordinated system.

15         Section 10.  Subsections (2) and (3) of section

16  427.0158, Florida Statutes, are amended to read:

17         427.0158  School bus and public transportation.--

18         (2)  The school boards shall cooperate in the

19  utilization of their vehicles to enhance coordinated

20  disadvantaged transportation by providing the information as

21  required by this section and by allowing the use of their

22  vehicles at actual cost upon request when those vehicles are

23  available for such use and are not transporting students.

24  Semiannually, no later than October 1 and April 30, a designee

25  from the local school board shall provide the community

26  transportation coordinator with copies to the local

27  coordinating coordinated transportation board, the following

28  information for vehicles not scheduled 100 percent of the time

29  for student transportation use:

30         (a)  The number and type of vehicles by adult capacity,

31  including days and times, that the vehicles are available for

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  1  coordinated transportation-disadvantaged transportation

  2  disadvantaged services;

  3         (b)  The actual cost per mile by vehicle type

  4  available;

  5         (c)  The actual driver cost per hour;

  6         (d)  Additional actual cost associated with vehicle use

  7  outside the established workday or workweek of the entity; and

  8         (e)  Notification of lead time required for vehicle

  9  use.

10         (3)  The public transit fixed route or fixed schedule

11  system shall cooperate in the utilization of its regular

12  service to enhance coordinated transportation-disadvantaged

13  transportation disadvantaged services by providing the

14  information as required by this section.  Annually, no later

15  than October 1, a designee from the local public transit fixed

16  route or fixed schedule system shall provide the community

17  transportation coordinator, with copies to the local

18  coordinating coordinated transportation board, the following

19  information:

20         (a)  A copy of all current schedules, route maps,

21  system map, and fare structure;

22         (b)  A copy of the current charter policy;

23         (c)  A copy of the current charter rates and hour

24  requirements; and

25         (d)  Required notification time to arrange for a

26  charter.

27         Section 11.  Section 427.0159, Florida Statutes, is

28  amended to read:

29         (Substantial rewording of section.  See

30         s. 427.0159, F.S., for present text.)

31         427.0159  Transportation Disadvantaged Trust Fund.--

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

  2  Transportation Disadvantaged Trust Fund to be administered by

  3  the Commission for the Transportation Disadvantaged. All fees

  4  collected for the transportation disadvantaged program under

  5  s. 320.03(9) shall be deposited in the trust fund.

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

  7  appropriated by the Legislature to the commission and shall be

  8  used to fund grants for operational, planning, and

  9  match-requirement expenses associated with the provision of

10  nonsponsored transportation-disadvantaged services and to fund

11  the administrative expenses of the commission.

12         (3)(a)  The commission, in consultation with local

13  governing authorities, shall by rule determine a fair and

14  equitable grant-distribution formula for nonsponsored

15  transportation-disadvantaged funds.

16         (b)  After determining each year's fair and equitable

17  grant-distribution formula of funds available through the

18  Transportation Disadvantaged Trust Fund, the commission shall

19  disburse to each local governing authority a block grant for

20  nonsponsored transportation activities in the local governing

21  authority's designated service area. Each local governing

22  authority's initial disbursement will represent the maximum

23  amount allowable under rules of the Comptroller's office.

24         (c)  For designated service areas not governed by a

25  local governing authority, the commission may adopt rules

26  establishing and implementing a grant program to fund

27  nonsponsored transportation services, including the purchase

28  of capital equipment and planning activities.

29         (4)(a)  The local governing authority, with advice from

30  the local coordinating board, shall determine the priority for

31  using such nonsponsored grant funds received under the

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  1  allocation formula. The local governing authority is not

  2  responsible to the commission regarding the choice of

  3  nonsponsored transportation priorities except to assure that

  4  the priorities chosen are within the stated purposes of this

  5  chapter.

  6         (b)  Local coordinating boards, in designated service

  7  areas not governed by a local governing authority, shall

  8  determine the priority for using such nonsponsored grant funds

  9  received under the allocation formula. Any prioritization

10  developed by the local coordinating board for trips shall be

11  based on the following criteria:

12         1.  Cost-effectiveness and efficiency.

13         2.  Purpose of trip.

14         3.  Unmet needs.

15         4.  Available resources.

16

17  Each local coordinating board in a designated service area not

18  governed by a local governing authority is responsible to the

19  commission regarding the choice of nonsponsored transportation

20  priorities in order that the chosen priorities be within the

21  stated purposes of this chapter.

22         (5)  Funds deposited in the trust fund may be used by a

23  local governing authority or the commission as funding of last

24  resort for transportation-disadvantaged services. The

25  nonsponsored trust fund moneys may be used only to subsidize a

26  portion of a transportation-disadvantaged person's

27  transportation costs which is not sponsored by any other

28  agency, but only if a cash or in-kind match is required. Rider

29  eligibility for nonsponsored transportation-disadvantaged

30  services must be based upon the need of the recipient and

31  according to criteria developed by the commission.

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  1         (6)  The commission shall request budget authority to

  2  establish a reserve fund to be used when estimated revenues

  3  are not collected and for an emergency fund to be used for

  4  transportation-disadvantaged services in times of natural

  5  disasters, discontinuance of services, or as otherwise

  6  directed by rules of the commission.

  7         Section 12.  Section 427.016, Florida Statutes, is

  8  amended to read:

  9         427.016  Use of the coordinated transportation system

10  by all funding agencies Expenditure of local government,

11  state, and federal funds for the transportation

12  disadvantaged.--

13         (1)(a)  Subject to the provisions of this section, all

14  transportation disadvantaged funds appropriated to state or

15  local agencies and expended within the state must shall be

16  expended to purchase transportation services from community

17  transportation coordinators. State or local agencies or their

18  clients may not purchase transportation services from an

19  alternative provider unless or public, private, or private

20  nonprofit transportation operators within the coordinated

21  transportation system, except when the rates charged by the

22  proposed alternative provider are first proven to the local

23  governing authority or, if appropriate, to the commission

24  alternate operators are proven, pursuant to rules generated by

25  the Commission for the Transportation Disadvantaged, to be

26  more cost-effective than the rates charged by the community

27  transportation coordinator, to and are not constitute a risk

28  to the public health, safety, or welfare, and to meet

29  appropriate quality standards.  However, in areas where

30  transportation suited to the unique needs of a transportation

31  disadvantaged person cannot be purchased from through the

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  1  community transportation coordinator coordinated system, or

  2  where the agency has met the rule criteria for using an

  3  alternative provider, the service may be contracted for

  4  directly by the appropriate agency.

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

  6  limit or preclude the Medicaid agency from establishing

  7  maximum fee schedules, individualized reimbursement policies

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

  9  other mechanism that the agency considers efficient and

10  effective for the purchase of services on behalf of Medicaid

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

12  transportation-disadvantaged transportation disadvantaged

13  services, including Medicaid reimbursable transportation

14  services, with any community transportation coordinator or

15  transportation operator that has been determined by the Agency

16  for Health Care Administration, the Department of Legal

17  Affairs Medicaid Fraud Control Unit, or any state or federal

18  agency to have engaged in any abusive or fraudulent billing

19  activities.

20         (2)  Each agency, whether or not it is a member of the

21  Commission for the Transportation Disadvantaged, shall inform

22  the commission in writing, before the beginning of each fiscal

23  year, of the specific amount of any money the agency allocated

24  for transportation disadvantaged services. Additionally, each

25  state agency shall, by October September 15 of each year,

26  provide the commission with an accounting of the actual amount

27  of funds expended and the total number of trips purchased,

28  whether purchased through the community transportation

29  coordinator or another provider.

30         (3)  Each metropolitan planning organization or

31  designated official planning agency shall annually compile a

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  1  report accounting for all local government and direct federal

  2  funds for transportation for the disadvantaged expended in its

  3  jurisdiction and forward this report by October September 15

  4  to the commission.

  5         Section 13.  A county commission may at any time elect

  6  to become the local governing authority under chapter 427,

  7  Florida Statutes. Once the election is made, the local

  8  governing authority succeeds to all rights, powers, duties,

  9  and responsibilities previously possessed by the Commission

10  for the Transportation Disadvantaged. The selection of the

11  community transportation coordinator by the local governing

12  authority must occur at the expiration of an existing

13  memorandum of agreement between the commission and the

14  community transportation coordinator.

15         Section 14.  This act shall take effect October 1,

16  2000.

17

18            *****************************************

19                          SENATE SUMMARY

20    Revises the governmental framework and standards for
      providing services to the transportation disadvantaged.
21

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