HB 1261 2003
1	A bill to be entitled
2	An act relating to transportation services; amending s.
3	427.011, F.S.; revising definitions; defining "purchasing
4	agency," "coordination contract," "coordination
5	contractor," "transportation disadvantaged service plan,"
6	and "alternative transportation provider"; amending s.
7	427.012, F.S.; revising organization, membership, and
8	quorum requirement of the Commission for the
9	Transportation Disadvantaged in the Department of
10	Transportation; amending s. 427.013, F.S.; revising
11	purpose and duties of said commission; requiring said
12	commission to adopt rules for described standards and
13	procedures; requiring a quality assurance and program
14	evaluation section; requiring an ombudsman program;
15	requiring a standing ombudsman committee; providing that
16	described information provided the ombudsman will remain
17	confidential and is exempt from the public records laws;
18	requiring said commission to develop a statewide
19	competitive procurement process to be used by designated
20	official planning agencies; requiring said commission,
21	with described partners, to develop and fund described
22	pilot projects; requiring said commission to develop,
23	monitor, and implement a substance abuse program for
24	certain transportation coordinators, operators, and
25	providers; amending s. 427.0135, F.S.; providing duties
26	and responsibilities for purchasing agencies; revising
27	provisions for use of alternative provider; amending s.
28	427.015, F.S.; revising functions of metropolitan planning
29	organizations or designated official planning agencies in
30	coordinating transportation for the transportation
31	disadvantaged; providing for use of a competitive
32	procurement process; prohibiting a purchasing agency from
33	serving as the community transportation coordinator;
34	providing for input into local, regional, and statewide
35	planning processes; providing for assistance to the local
36	community transportation coordinator and local
37	coordinating board with certain educational programs and
38	with identifying potential funding sources; amending s.
39	427.0155, F.S.; revising powers and duties of community
40	transportation coordinators; requiring described contracts
41	to be approved by the Commission for the Transportation
42	Disadvantaged; providing for a multiyear transportation
43	disadvantaged service plan; providing for transportation
44	delivery models; amending s. 427.0157, F.S.; revising
45	powers and duties of coordinating boards; providing for
46	assistance with educational efforts and with development
47	of transportation alternatives; amending s. 427.0158,
48	F.S.; revising requirements for specified information
49	provided by local school boards; amending s. 427.0159,
50	F.S.; revising criteria for use of the Transportation
51	Disadvantaged Trust Fund; authorizing the Commission for
52	the Transportation Disadvantaged to modify the match for
53	certain services; providing rulemaking authority; amending
54	s. 427.016, F.S., relating to transportation disadvantaged
55	funds expended within the state; revising criteria for use
56	of an alternative provider; revising timeframes for
57	described reports by purchasing agencies, metropolitan
58	planning organizations, and planning agencies of certain
59	funds expended; providing authority to audit and review
60	records; providing an effective date.
61
62	Be It Enacted by the Legislature of the State of Florida:
63
64	Section 1. Section 427.011, Florida Statutes, is amended
65	to read:
66	427.011 Definitions.--For the purposes of ss. 427.011-
67	427.017:
68	(1) "Transportation disadvantaged" means those persons who
69	because of physical or mental disability, income status, or age
70	are unable to transport themselves or to purchase transportation
71	and are, therefore, dependent upon others to obtain access to
72	health care, employment, education, shopping, social activities,
73	or other life-sustaining activities, or children who are
74	handicapped or high-risk or at-risk as defined in s. 411.202.
75	(2) "Metropolitan planning organization" means the
76	organization responsible for carrying out transportation
77	planning and programming in accordance with the provisions of 23
78	U.S.C. s. 134, as provided in 23 U.S.C. s. 104(f)(3).
79	(3) "Agency" means an official, officer, commission,
80	authority, council, committee, department, division, bureau,
81	board, section, or any other unit or entity of the state or of a
82	city, town, municipality, county, or other local governing body
83	or a private nonprofit transportation service-providing agency.
84	(4) "Transportation improvement program" means a staged
85	multiyear program of transportation improvements, including an
86	annual element, which is developed by a metropolitan planning
87	organization or designated official planning agency.
88	(5) "Community transportation coordinator" means a
89	transportation entity approved by the Commission for the
90	Transportation Disadvantaged andrecommended by a metropolitan
91	planning organization, or by the appropriate designated official
92	planning agency as provided for in ss. 427.011-427.017 in an
93	area outside the purview of a metropolitan planning
94	organization, following a competitive procurement processto
95	ensure that coordinated transportation services are provided to
96	the transportation disadvantaged population in a designated
97	service area.
98	(6) "Transportation operator" means one or more public,
99	private for-profit, or private nonprofit entities engaged by the
100	community transportation coordinator to provide service to
101	transportation disadvantaged persons pursuant to a coordinated
102	transportation disadvantagedsystemservice plan.
103	(7) "Coordinating board" means an advisory entity in each
104	designated service area composed of representatives appointed by
105	the metropolitan planning organization or designated official
106	planning agency, to provide assistance to and evaluatethe
107	community transportation coordinator relative to the
108	coordination of transportation services.
109	(8) "Member department" means a department whose head is a
110	member of the commission.
111	(8)(9)"Paratransit" means those elements of public
112	transit thatwhichprovide service between specific origins and
113	destinations selected by the individual user or purchasing
114	agencywith such service being provided at a time that is agreed
115	upon by the individual user or purchasing agency and the
116	provider of the service. Paratransit service is provided by
117	taxis, limousines, "dial-a-ride," buses, and other demand-
118	responsive operations that are characterized by their
119	nonscheduled, nonfixed route nature.
120	(9) "Purchasing agency" means an agency whose head is a
121	member of the Commission for the Transportation Disadvantaged or
122	an agency that purchases or expends funds for transportation
123	services for the transportation disadvantaged and that may
124	choose to contract with the Commission for the Transportation
125	Disadvantaged for the provision of transportation for its
126	clients or other services based on a performance-based contract.
127	(10) "Transportation disadvantaged funds" means any local
128	government, state, or available federal funds that are for the
129	transportation of the transportation disadvantaged. Such funds
130	may include, but are not limited to, funds for planning,
131	Medicaid transportation, administration, operation, procurement,
132	and maintenance of vehicles or equipment and capital
133	investments. Transportation disadvantaged funds do not include
134	funds for the transportation of children to public schools.
135	(11) "Coordination" means the arrangement for the
136	provision of qualitytransportation services to the
137	transportation disadvantaged in a manner that is safe, timely,
138	cost-effective, efficient, and reduces fragmentation and
139	duplication of services.
140	(12) "Annual budget estimate" means a budget estimate of
141	funding resources available for providing transportation
142	services to the transportation disadvantaged and which is
143	prepared annually to cover a period of 1 state fiscal year.
144	(12)(13)"Nonsponsored transportation disadvantaged
145	services" means transportation disadvantaged services that are
146	not sponsored or subsidized by any funding source other than the
147	Transportation Disadvantaged Trust Fund.
148	(13) "Coordination contract" means a written contract
149	between the community transportation coordinator and an agency
150	that receives transportation disadvantaged funds and performs
151	some or all of its own transportation services and transportation
152	services to others when shown to be more effective and more
153	efficient from a total system perspective. The contract shall
154	contain the specific terms and conditions that apply to those
155	agencies that perform their own transportation and shall contain
156	joint utilization and cost provisions for transportation services
157	to and from the community transportation coordinator.
158	(14) "Coordination contractor" means an agency that enters
159	into a coordination contract with the community transportation
160	coordinator that receives transportation disadvantaged funds and
161	performs some, if not all, of its own transportation services, as
162	well as transportation services to others, when shown to be more
163	cost effective and efficient from a total system perspective. The
164	coordination contract shall reflect the specific terms and
165	conditions that will apply to those agencies that perform their
166	own transportation, as well as joint utilization and cost
167	provisions for transportation services to and from the community
168	transportation coordinator.
169	(15) "Transportation disadvantaged service plan" means an
170	annually updated, multiyear plan jointly developed by the
171	designated official planning agency and the community
172	transportation coordinator. It shall contain a development plan,
173	a service plan, and quality assurance components. The plan shall
174	be approved by the Commission for the Transportation
175	Disadvantaged and the local coordinating board and used to
176	evaluate the community transportation coordinators,
177	transportation operators, coordination contractors, and approved
178	alternative providers.
179	(16) "Alternative transportation provider" means a
180	transportation entity that has been determined by a purchasing
181	agency to provide transportation services at a lower cost and
182	meets the same standards as the coordinated system, in
183	accordance with the procedure approved by the Commission for the
184	Transportation Disadvantaged for purchasing agency utilization
185	of alternative providers.
186	Section 2. Paragraphs (d), (g), (k), and (n) of subsection
187	(1) and subsection (4) of section 427.012, Florida Statutes, are
188	amended to read:
189	427.012 The Commission for the Transportation
190	Disadvantaged.--There is created the Commission for the
191	Transportation Disadvantaged in the Department of
192	Transportation.
193	(1) The commission shall consist of the following members:
194	(d) The secretary of the Department of HealthLabor and
195	Employment Securityor the secretary's designee.
196	(g) The secretarydirectorof the Agency for Health Care
197	Administration or the secretary'sdirector'sdesignee.
198	(k) A person with a disabilityhandicapped personwho is a
199	member of a recognized statewide organization representing
200	handicapped Floridians with disabilities. Such person shall be
201	appointed by the Governor to represent disabledhandicapped
202	Floridians and shall be appointed to serve a term of 4 years.
203	(n) A representative of childrenOne member of the Early
204	Childhood Council. Such person shall be appointed by the
205	Governor to represent children at riskmaternal and child health
206	care providersand shall be appointed to serve a term of 4
207	years.
208	(4) The commission shall meet at least quarterly, or more
209	frequently at the call of the chairperson. Fifty-one percent
210	Nine members of the commission membersconstitute a quorum, and
211	a majority vote of the members present is necessary for any
212	action taken by the commission.
213	Section 3. Section 427.013, Florida Statutes, is amended
214	to read:
215	427.013 The Commission for the Transportation
216	Disadvantaged; purpose and responsibilities.--The purpose of the
217	commission is to accomplish and provide statewide oversight for
218	the coordination and fundingof transportation services provided
219	to the transportation disadvantaged. The goal of this
220	coordination and oversight shall be to assure the quality, safe,
221	timely, andcost-effective provision of transportation by
222	qualified community transportation coordinators or
223	transportation operators for the transportation disadvantaged
224	without any bias or presumption in favor of multioperator
225	systems or not-for-profit transportation operators over single
226	operator systems or for-profit transportation operators. In
227	carrying out this purpose, the commission shall:
228	(1) Compile all available information on the
229	transportation operations for and needs of the transportation
230	disadvantaged in the state.
231	(2) Establish, amend, and monitorstatewide objectives for
232	providing the quality, safe, cost-effective, and timely
233	coordinated transportation serviceservicesfor the
234	transportation disadvantaged.
235	(3) Develop, modify, and monitorpolicies and procedures
236	for the coordination of local government, federal, and state
237	funding for the transportation disadvantaged.
238	(4) Identify barriers prohibiting the coordination and
239	accessibility of transportation services to the transportation
240	disadvantaged and aggressively pursue the elimination of these
241	barriers by implementing new or revised policies of the
242	commission or recommending changes to the Legislature.
243	(5) Serve as a statewideclearinghouse for information
244	about transportation disadvantaged services, training, funding
245	sources, innovations, and coordination best practicesefforts.
246	(6) In coordination with community transportation
247	coordinators, local coordinating boards, and purchasing
248	agencies, assist communities in developing and monitoring
249	transportation systems designed to serve the transportation
250	disadvantaged.
251	(7) Assure, by reviewing and recommending changes,that
252	all procedures, guidelines, and directives issued by purchasing
253	agenciesmember departmentsare conducive to the coordination of
254	transportation services and in compliance with ss. 427.011-
255	427.017, and adhere to the standards of the commission provided
256	by rule or other policies adopted by the commission.
257	(8)(a) Assure that purchasing agenciesmember departments
258	purchase all trips within the coordinated system, unless they
259	have been approved to use an alternative transportation
260	provider, pursuant to rules and procedures adopted by the
261	commission, that meets the standards of the commissionuse a
262	more cost-effective alternative provider.
263	(b) Approve and implementProvide, by rule, criteria and
264	procedures for any agency that purchases transportation services
265	member departments to justify utilizing an alternative
266	transportation provider outside of the coordinated
267	transportation systemuse if they wish to use an alternative
268	provider. Such proceduresDepartmentsmust demonstrate either
269	that the proposed alternative provider can provide a trip of
270	acceptable quality for the clients at a lower cost than that
271	provided within the coordinated system and such provider meets
272	the minimum approved standards of the commission as outlined in
273	rule, or that the coordinated system cannot accommodate the
274	purchasing agency's needsdepartment's clients.
275	(9) Develop by rule standards for community transportation
276	coordinators,and any transportation operators,operator or
277	coordination contractors, and agencies that have been approved
278	to contract with alternative providers as specified in
279	subsection (8)contractorfrom whom service is purchased or
280	arranged by the community transportation coordinator covering
281	coordination, operation, safety, insurance, eligibility for
282	service, costs, on-time performance,and utilization of
283	transportation disadvantaged services. These standards and rules
284	must include, but are not limited to:
285	(a) Inclusion, by rule, of acceptable ranges of trip costs
286	for the various modes and types of transportation services
287	provided.
288	(a)(b)Minimum performance standards for the delivery of
289	services. These standards must be included in community
290	transportation coordinator contracts,andtransportation
291	operator contracts, coordination contracts, and contracts
292	between purchasing agency-approved transportation alternative
293	providers as approved in accordance with subsection (8),with
294	clear penalties for repeated or continuing violations.
295	(b)(c)Minimum liability insurance requirements for all
296	transportation services purchased, provided, or coordinated for
297	the transportation disadvantaged through the community
298	transportation coordinator, a transportation operator, or an
299	alternative transportation provider as approved in accordance
300	with subsection (8).
301	(c) Minimum driver background screening for all
302	transportation disadvantaged services purchased, provided, or
303	coordinated for the transportation disadvantaged through the
304	community transportation coordinators, transportation operators,
305	or alternative transportation providers as approved in
306	accordance with subsection (8).
307	(10) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
308	implement the provisions of ss. 427.011-427.017.
309	(11) Approve the appointment of all community
310	transportation coordinators.
311	(12) Have the authority to aggressivelyapply for and
312	accept funds, grants, gifts, and services from the Federal
313	Government, state government, local governments, or private
314	funding sources. Applications by the commission for local
315	government funds shall be coordinated through the appropriate
316	coordinating board. Funds acquired or accepted under this
317	subsection shall be administered by the commission and shall be
318	used to carry out the commission's responsibilities.
319	(13) Make an annual report to the Governor, the President
320	of the Senate, and the Speaker of the House of Representatives
321	by February 1January 1of each year.
322	(14) Consolidate, for each state agency, the annual budget
323	estimates for transportation disadvantaged services, and the
324	amounts of each agency's actual expenditures, together with the
325	annual budget estimates of each official planning agency, local
326	government, and directly federally funded agency and issue a
327	report.
328	(14)(15)Prepare a statewide 5-year transportation
329	disadvantaged plan which addresses the transportation problems
330	and needs of the transportation disadvantaged, which is fully
331	coordinated with the Florida Transportation Plan and local and
332	regionaltransit plans, compatible with local government
333	comprehensive plans, and which ensures that the highest quality,
334	most safe, timely, cost-effective,and efficient method of
335	providing transportation to the disadvantaged is programmed for
336	development.
337	(15)(16)Review and approve memorandums of agreement for
338	the provision of coordinated transportation services.
339	(16)(17)Review, monitor, and coordinate all
340	transportation disadvantaged local government, state, and
341	federal fund requests and plans for conformance with commission
342	policy, without delaying the application process. Such funds
343	shall be available only to those entities participating in an
344	approved coordinated transportation system or entities that have
345	been approved to utilize an alternative provider based onwhich
346	have received a commission-approved procedureswaiverto obtain
347	all or part of their transportation through another means as
348	outlined in subsection (8). This process shall identify
349	procedures for coordinating with the state's intergovernmental
350	coordination and review procedures and s. 216.212(1) and any
351	other appropriate grant review process.
352	(17)(18)Develop an interagency uniform contracting and
353	billing and accounting system that shall be used by all
354	community transportation coordinators and their transportation
355	operators.
356	(18)(19)Develop and maintain a transportation
357	disadvantaged handbook outlining current rules, regulations, and
358	procedures for implementation of the programmanual.
359	(19)(20) Design and develop statewidetransportation
360	disadvantaged training and technical assistance programs
361	ensuring coordination with other agencies and maximizing
362	available resources.
363	(20)(21)Coordinate all transportation disadvantaged
364	programs with appropriate state, local, and federal agencies and
365	public transit agencies to ensure compatibility with existing
366	transportation systems.
367	(21)(22)Designate the official planning agency in areas
368	outside of the purview of a metropolitan planning organization.
369	(22)(23) Develop and update, as needed, eligibility
370	guidelinesneed-based criteriathat must be used by all
371	community transportation coordinators to prioritize the delivery
372	of nonsponsored transportation disadvantaged services that are
373	purchased with Transportation Disadvantaged Trust Fund moneys.
374	(23) To ensure the level of quality and timely, safe,
375	cost-effective, efficient, and financially accountable areas of
376	the transportation disadvantaged program, employ a quality
377	assurance and program evaluation section and utilize outside
378	contractors to accomplish some of its responsibilities.
379	(a) The quality assurance and program evaluation section
380	shall monitor and evaluate community transportation
381	coordinators, transportation operators, and coordination
382	contractors based upon approved commission and locally
383	established quality assurance standards or other policies
384	identified in rules approved by the commission. To eliminate
385	duplication of effort, purchasing agencies that monitor
386	community transportation coordinators shall coordinate their
387	efforts with the commission's quality assurance and program
388	evaluation section. Purchasing agencies shall make available
389	records for transportation services billed in order for the
390	commission to conduct a financial audit to detect duplicate
391	billing among several funding sources.
392	(b) If a community transportation coordinator does not
393	comply with the quality assurance standards, or if the
394	commission has good cause to believe that the system is not
395	complying with the quality assurance standards, the commission
396	may conduct a special or financial review of the community
397	transportation coordinator or its transportation operators. If
398	the special review indicates continued noncompliance,
399	transportation disadvantaged funds shall be withheld until
400	compliance is achieved.
401	(c) The quality assurance and program evaluation section
402	shall biennially monitor all designated official planning
403	agencies based upon the commission's contract requirements and
404	deliverables thereof. Noncompliance shall result in
405	transportation disadvantaged funds being withheld until
406	compliance is achieved.
407	(d) Employees of the quality assurance and program
408	evaluation section shall function independently and be directly
409	responsible to the executive director. The use of outside
410	contracting is permitted in order to accomplish the tasks not
411	able to be performed by existing personnel.
412	(24) Develop a minimum set of quality assurance standards,
413	including commission standards and locally established standards
414	or other policies adopted by rule, which shall be included in
415	each designated service area's transportation disadvantaged
416	service plan. Compliance with the quality assurance standards
417	and other policies shall be a condition of program participation
418	by the community transportation coordinator and any
419	transportation operators or coordination contractors involved in
420	the coordinated system. Each community transportation
421	coordinator shall be reviewed annually by the local coordinating
422	board and biennially by the quality assurance and program
423	evaluation section of the commission to ensure compliance with
424	quality assurance standards. Transportation operators and
425	coordination contractors shall be monitored at least annually by
426	the community transportation coordinator to ensure compliance
427	with the quality assurance standards and other policies approved
428	by the commission.
429	(25) Establish an ombudsman program that shall serve as an
430	advocate in resolving transportation concerns for the consumer,
431	purchasing agency, community transportation coordinator,
432	transportation operator, coordination contractor, and others who
433	need assistance or investigation about a transportation concern.
434	The ombudsman program shall provide a statewide toll-free phone
435	number for consumers and others and shall serve as a
436	clearinghouse to provide information about transportation
437	services or to refer unrelated matters to the appropriate
438	authority. The information collected and documented by the
439	ombudsman program shall be forwarded to the community
440	transportation coordinator, local coordinating board, and the
441	commission. Information provided by consumers and others shall
442	remain confidential and is exempt from the public records laws.
443	(26) Appoint a standing ombudsman committee that shall
444	consist of a chairperson, vice chairperson, and three other
445	members. The ombudsman committee shall be responsible for
446	oversight of the ombudsman program and shall report and
447	recommend actions to be taken to the commission. The ombudsman
448	committee shall be responsible for addressing all grievances
449	that are not resolved at the local level which are provided to
450	the commission within the guidelines of the commission's
451	grievance procedures. Any areas of legal concern shall be
452	referred to the commission's general counsel for disposal. The
453	ombudsman program shall be staffed by commission personnel from
454	the quality assurance and program evaluation section.
455	(24) Establish a review procedure to compare the rates
456	proposed by alternate transportation operators with the rates
457	charged by a community transportation coordinator to determine
458	which rate is more cost-effective.
459	(25) Conduct a cost-comparison study of single-
460	coordinator, multicoordinator, and brokered community
461	transportation coordinator networks to ensure that the most
462	cost-effective and efficient method of providing transportation
463	to the transportation disadvantaged is programmed for
464	development.
465	(26) Develop a quality assurance and management review
466	program to monitor, based upon approved commission standards,
467	services contracted for by an agency, and those provided by a
468	community transportation operator pursuant to s. 427.0155. Staff
469	of the quality assurance and management review program shall
470	function independently and be directly responsible to the
471	executive director.
472	(27) Ensure that local community transportation
473	coordinators work cooperatively with regional workforce boards
474	established in chapter 445 to provide assistance in the
475	development of innovative transportation services for
476	participants in the welfare transition program.
477	(28) Develop, by rule, a statewide and uniform competitive
478	procurement process and procedure to be used by each designated
479	official planning agency for the procurement of community
480	transportation coordinators and transportation operators in
481	compliance with chapter 287, but not to conflict with local
482	government purchasing policies. This procedure shall be agreed
483	upon by all purchasing agencies as to the services to be
484	procured, the available budget and rates to be paid, the minimum
485	commission quality assurance standards, other commission
486	policies, and other criteria needed by a purchasing agency to
487	ensure safe, quality, timely, and cost-effective services. Once
488	this process and procedure have been conducted by the designated
489	official planning agency at the local level, purchasing agencies,
490	unless they have been approved in advance of this process to
491	utilize an alternative provider as outlined in subsection (8),
492	shall contract with the selected community transportation
493	coordinators or transportation operators based on the agreed-upon
494	levels and rates for services.
495	(29) In coordination with local community transportation
496	coordinators and local coordinating boards, develop and implement
497	innovative approaches to the delivery of coordinated
498	transportation services at the local level, including, but not
499	limited to, the utilization of volunteers, faith-based
500	organizations, and other initiatives within the coordinated
501	system, and meeting the commission's standards identified in
502	rule.
503	(30) To promote consumer choice in transportation services
504	within the coordinated transportation program, in partnership
505	with other funding agencies, jointly develop and fund pilot
506	projects for innovative models for the delivery of transportation
507	services that offer improved customer satisfaction and promote
508	independence. Such pilot projects shall be evaluated and may be
509	replicated in other areas where successful.
510	(31) Develop, monitor, and implement a substance abuse
511	program for community transportation coordinators, transportation
512	operators, and approved transportation alternative providers. The
513	commission may utilize contracted services to implement this
514	program or work jointly with other agencies to prevent
515	duplicating similar programs.
516	Section 4. Section 427.0135, Florida Statutes, is amended
517	to read:
518	427.0135 Purchasing agenciesMember departments; duties
519	and responsibilities.--Each purchasing agencymember department,
520	in carrying out the policies and procedures of the Commission
521	for the Transportation Disadvantaged, shall:
522	(1)(a) Use the coordinated transportation system for
523	provision of services to its clients, unless an alternative
524	provider has been approved based on procedures and adopted
525	standards of the Commission for the Transportation Disadvantaged
526	as identified in s. 427.013(8)(b)each department meets the
527	criteria outlined in rule to use an alternative provider.
528	(b) Subject to the provisions of s. 409.908(18), the
529	Medicaid agency shall purchase transportation services through
530	the community coordinated transportation system unless the
531	Medicaid agency has been approved to purchase services with an
532	approved alternative provider based on procedures adopted by
533	rules of the Commission for the Transportation Disadvantageda
534	more cost-effective method is determined by the agency for
535	Medicaid clients or unless otherwise limited or directed by the
536	General Appropriations Act.
537	(2) Provide the Commission for the Transportation
538	Disadvantaged, by October 1September 15of each year, an
539	accounting of all funds spent as well as how many trips were
540	purchased with agency funds.
541	(3) Assist communities in developing coordinated
542	transportation systems designed to serve the transportation
543	disadvantaged. However, a purchasing agencymember department
544	may not serve as the community transportation coordinator in any
545	designated service area.
546	(4) Assure that its rules, procedures, guidelines, and
547	directives are conducive to the coordination of transportation
548	funds and services for the transportation disadvantaged and in
549	compliance with this chapter.
550	(5) In coordination with the Commission for the
551	Transportation Disadvantaged,provide technical assistance, as
552	needed, to community transportation coordinators or
553	transportation operators or participating agencies.
554	(6) Request budget authority for the allocation of
555	transportation funds annually in the agency's legislative budget
556	request to ensure that access to agency services is in place
557	through the coordinated transportation system or to ensure access
558	to transportation alternative providers where approved based on
559	procedures of the Commission for the Transportation
560	Disadvantaged.
561	(7) Be authorized to contract or transfer funds on an
562	annual or other agreed-upon period with the Commission for the
563	Transportation Disadvantaged for the provision of coordinated
564	transportation or other services based on a mutually agreed-upon
565	performance-based contract.
566	Section 5. Subsections (2) and (3) of section 427.015,
567	Florida Statutes, are amended, and subsection (4) is added to
568	said section, to read:
569	427.015 Function of the metropolitan planning organization
570	or designated official planning agency in coordinating
571	transportation for the transportation disadvantaged.--
572	(2) Utilizing a competitive procurement process identified
573	in chapter 287,each metropolitan planning organization or
574	designated official planning agency shall recommend to the
575	Commission for the Transportation Disadvantageda single
576	community transportation coordinator. However, a purchasing
577	agencymember departmentmay not serve as the community
578	transportation coordinator in any designated service area. The
579	coordinator may broker the transportation services orprovide
580	all or a portion of needed transportation services for the
581	transportation disadvantaged but shall be responsible for the
582	provision of those coordinated services. Based on approved
583	commission evaluation criteria approved by the Commission for
584	the Transportation Disadvantaged, the coordinator shall
585	subcontract or broker those services that are more cost-
586	effectively and efficiently provided by subcontracting or
587	brokering. The performance of the coordinator shall be evaluated
588	based on thatthecommission's approved evaluation criteria by
589	the coordinating board at least annually. A copy of the
590	evaluation shall be submitted to the metropolitan planning
591	organization or the designated official planning agency, and the
592	Commission for the Transportation Disadvantaged. The
593	recommendation or termination of any community transportation
594	coordinator shall be subject to approval by the Commission for
595	the Transportation Disadvantaged.
596	(3) Each metropolitan planning organization or designated
597	official planning agency shall provide regular input into local,
598	regional, and statewide planning processes, including, but not
599	limited to, the Florida Transportation Plan or components
600	thereof, local and state comprehensive plans, regional plans,
601	and other plans that impact the planning for services to the
602	transportation disadvantagedrequest each local government in
603	its jurisdiction to provide an estimate of all local and direct
604	federal funds to be expended for transportation for the
605	disadvantaged. The metropolitan planning organization or
606	designated official planning agency shall consolidate this
607	information into a single report and forward it, by the
608	beginning of each fiscal year, to the commission.
609	(4) Each metropolitan planning organization or designated
610	official planning agency shall assist the local community
611	transportation coordinator and local coordinating board with
612	public educational programs regarding the needs of transportation
613	disadvantaged in their communities. Such educational programs may
614	include information regarding the state donation each person is
615	entitled to make as part of his or her annual motor vehicle
616	registration renewal or other state or federal programs related
617	to the funding of the Transportation Disadvantaged Trust Fund. In
618	addition, each metropolitan planning organization or designated
619	official planning agency is authorized to assist the local
620	community transportation coordinator and local coordinating board
621	in identifying potential federal, state, and local funding
622	sources to adequately fund the unmet transportation needs of
623	transportation disadvantaged citizens.
624	Section 6. Section 427.0155, Florida Statutes, is amended
625	to read:
626	427.0155 Community transportation coordinators; powers and
627	duties.--Community transportation coordinators shall have the
628	following powers and duties:
629	(1) Execute uniform contracts, approved by the Commission
630	for the Transportation Disadvantaged,for service using a
631	standard contract, which includes performance standards for
632	transportation operators and coordination contractors.
633	Transportation operator contracts shall include, but may not be
634	limited to, specific performance standards addressing quality,
635	safe, timely, and cost-effective services and shall provide for
636	enforceable penalties for noncompliance. The contracts shall
637	also ensure timely payments to all transportation operators as
638	required by law. Contracts shall require notification and
639	certification to transportation operators and the Commission for
640	the Transportation Disadvantaged that timely payments to
641	transportation operators have been made in accordance with law.
642	In cases in which this has not occurred, the nonpayment issue
643	will be turned over to the appropriate authorities for final
644	resolution.
645	(2) Collect manual, electronic, or online submittedannual
646	operating data for submittal to the Commission for the
647	Transportation Disadvantaged no later than October 1 each year
648	and more frequently as determined by that commission.
649	(3) Review and monitor all transportation operator and
650	coordinatorcontracts annually.
651	(4) Approve and coordinate the utilization of school bus
652	and public transportation services in accordance with the
653	transportation disadvantaged service plan.
654	(5) In cooperation with a local or multicountyfunctioning
655	coordinating board, review all applications for local
656	government, federal, and state transportation disadvantaged
657	funds, and recommend actions based on cost effectiveness and
658	appropriateness of the requested funding applicationdevelop
659	cost-effective coordination strategies.
660	(6) In cooperation with, and approved by, the local or
661	multicountycoordinating board, develop, negotiate, implement,
662	and monitor a memorandum of agreement, including a multiyear
663	transportation disadvantagedservice plan, for submittal to the
664	Commission for the Transportation Disadvantaged. The multiyear
665	transportation disadvantaged service plan shall be based on the
666	competitive procurement process followed for the selection of
667	the community transportation coordinators and transportation
668	operators.
669	(7) In cooperation with the local or multicounty
670	coordinating board and pursuant to eligibility guidelines
671	criteriadeveloped by the Commission for the Transportation
672	Disadvantaged, establish priorities with regard to the
673	recipients of nonsponsored transportation disadvantaged services
674	that are purchased with Transportation Disadvantaged Trust Fund
675	moneys.
676	(8) Have full responsibility for the coordination and
677	delivery of transportation services for the transportation
678	disadvantaged as outlined in s. 427.015(2) and that are funded
679	by state, federal, or local government sources.
680	(9) Work cooperatively with regional workforce boards
681	established in chapter 445 to provide assistance in the
682	development of innovative transportation services for
683	participants in the welfare transition program.
684	(10) In coordination with the local or multicounty
685	coordinating board, develop transportation delivery models
686	within the coordinated transportation system by the utilization
687	of volunteers, faith-based organizations, or other innovative
688	approaches to maximize limited financial resources.
689	Section 7. Section 427.0157, Florida Statutes, is amended
690	to read:
691	427.0157 Coordinating boards; powers and duties.--The
692	purpose of each coordinating board is to develop and evaluate
693	local service needs and to provide information, advice, and
694	direction to the community transportation coordinators on the
695	coordination of services to be provided to the transportation
696	disadvantaged. The Commission for the Transportation
697	Disadvantagedshall, by rule, establish the membership of
698	coordinating boards. The members of each board shall be
699	appointed by the metropolitan planning organization or
700	designated official planning agency. The appointing authority
701	shall provide each board with sufficient staff support and
702	resources to enable the board to fulfill its responsibilities
703	under this section. Each board shall meet at least quarterly and
704	shall:
705	(1) Review, monitor,and approve the coordinated community
706	transportation disadvantaged service plan, including the
707	memorandum of agreement, prior to submittal to the Commission
708	for the Transportation Disadvantaged.;
709	(2) Evaluate services provided in meeting the approved
710	plan based on standards of the Commission for the Transportation
711	Disadvantaged and local standards.;
712	(3) In cooperation with the community transportation
713	coordinator, review and provide recommendations to the
714	Commission for the Transportation Disadvantagedon funding
715	applications affecting the transportation disadvantaged.;
716	(4) Assist the community transportation coordinator in
717	establishing priorities with regard to the recipients of
718	nonsponsored transportation disadvantaged services that are
719	purchased with Transportation Disadvantaged Trust Fund moneys.
720	(5) Review and assist inthe coordination strategies of
721	service provision to the transportation disadvantaged in the
722	designated service area.; and
723	(6) Evaluate and develop multicounty, intrastate,or
724	regional transportation opportunities.
725	(7) Work cooperatively with regional workforce boards
726	established in chapter 445 to provide assistance in the
727	development of innovative transportation services for
728	participants in the welfare transition program.
729	(8) Assist the metropolitan planning organization or
730	designated official planning agency and the local community
731	transportation coordinator with local public awareness and
732	educational efforts to increase donations to the Transportation
733	Disadvantaged Trust Fund or to identify other public and private
734	resources to address the unmet transportation needs of
735	transportation disadvantaged citizens.
736	(9) Assist the community transportation coordinator with
737	development of innovative transportation alternatives within the
738	coordinated transportation system, including, but not limited
739	to, the utilization of volunteers, faith-based organizations, or
740	other innovative approaches to maximize limited financial
741	resources and improve customer satisfaction.
742	Section 8. Paragraph (a) of subsection (2) of section
743	427.0158, Florida Statutes, is amended to read:
744	427.0158 School bus and public transportation.--
745	(2) The school boards shall cooperate in the utilization
746	of their vehicles to enhance coordinated disadvantaged
747	transportation by providing the information as required by this
748	section and by allowing the use of their vehicles at actual cost
749	upon request when those vehicles are available for such use and
750	are not transporting students. Semiannually, no later than
751	October 1 and April 30, a designee from the local school board
752	shall provide the community transportation coordinator with
753	copies to the coordinated transportation board, the following
754	information for vehicles not scheduled 100 percent of the time
755	for student transportation use:
756	(a) The number and type of vehicles by adult capacity,
757	including how many vehicles have seat belts, how many have air
758	conditioning, and how many are accessible,including days and
759	times of availability, that the vehiclesare available for
760	coordinated transportation disadvantaged services;
761	Section 9. Section 427.0159, Florida Statutes, is amended
762	to read:
763	427.0159 Transportation Disadvantaged Trust Fund.--
764	(1) There is established in the State Treasury the
765	Transportation Disadvantaged Trust Fund to be administered by
766	the Commission for the Transportation Disadvantaged. All fees
767	collected for the transportation disadvantaged program under s.
768	320.03(9) or other statutes where funding has been statutorily
769	designated to the programshall be deposited in the trust fund.
770	(2) Funds deposited in the trust fund shall be
771	appropriated by the Legislature to the Commission for the
772	Transportation Disadvantagedand shall be used to carry out the
773	responsibilities of the commission and to fund the
774	administrative expenses of the commission, including, but not
775	limited to, the development of educational materials to improve
776	customer awareness and for acquiring public and private
777	donations to the trust fund to meet the unmet transportation
778	disadvantaged needs.
779	(3) Funds deposited in the trust fund mustmaybe used by
780	the Commission for the Transportation Disadvantagedto subsidize
781	a portion of a transportation disadvantaged person's
782	transportation costs which is not sponsored by an agency, only
783	if a cash or in-kind match is required. The Commission for the
784	Transportation Disadvantaged, by rule, shall have the authority
785	to increase, reduce, or eliminate the match for innovative
786	transportation disadvantaged services, including, but not
787	limited to, use of volunteers, use of faith-based organizations,
788	pilot projects for consumer choice, and other initiatives that
789	maximize limited resources but conform to that commission's
790	standards as identified in rule.Funds for nonsponsored
791	transportation disadvantaged services shall be distributed based
792	upon the need of the recipient and according to eligibility
793	guidelinescriteria developed in ruleby the Commission for the
794	Transportation Disadvantaged.
795	Section 10. Section 427.016, Florida Statutes, is amended
796	to read:
797	427.016 Expenditure of local government, state, and
798	federal funds for the transportation disadvantaged.--
799	(1)(a) All transportation disadvantaged funds expended
800	within the state shall be expended to purchase transportation
801	services from community transportation coordinators or public,
802	private, or private nonprofit transportation operators within
803	the coordinated transportation system, except when a purchasing
804	agency has been approved to contract with an alternative
805	provider that meets the same quality and safety standards of the
806	Commission for the Transportation Disadvantagedthe rates
807	charged by proposed alternate operators are proven, pursuant to
808	rules and procedures generated by thatthe commission for the
809	Transportation Disadvantaged, and isto bemore cost-effective
810	and are not a risk to the public health, safety, or welfare.
811	However, in areas where transportation suited to the unique
812	needs of a transportation disadvantaged person cannot be
813	purchased through the coordinated system, or where the agency
814	has met the rule criteria for using an alternative provider, the
815	service may be contracted for directly by the appropriate
816	agency.
817	(b) Nothing in this subsection shall be construed to limit
818	or preclude the Medicaid agency from establishing maximum fee
819	schedules, individualized reimbursement policies by provider
820	type, negotiated fees, competitive bidding, or any other
821	mechanism that the agency considers efficient and effective for
822	the purchase of services on behalf of Medicaid clients.State
823	and local agencies shall not contract for any transportation
824	disadvantaged services, including Medicaid reimbursable
825	transportation services, with any community transportation
826	coordinator or transportation operator that has been determined
827	by the Agency for Health Care Administration, the Department of
828	Legal Affairs Medicaid Fraud Control Unit, or any state or
829	federal agency to have engaged in any abusive or fraudulent
830	billing or violence-related criminalactivities.
831	(2) Each purchasingagency, whether or not it is a member
832	of the Commission for the Transportation Disadvantaged, shall
833	furnish thatinform the commission in writing, by October 1
834	before the beginning of each fiscal year, of the specific amount
835	of any money the agency allocated for transportation
836	disadvantaged services. Additionally, each state agency shall,
837	by September 15 of each year, provide the commissionwith an
838	accounting of the actual amount of funds expended and the total
839	number of trips purchased.
840	(3) Each metropolitan planning organization or designated
841	official planning agency shall annually compile a report
842	accounting for all local government and direct federal funds for
843	transportation for the disadvantaged expended in its
844	jurisdiction and forward this report by October 1September 15
845	to the Commission for the Transportation Disadvantaged.
846	(4) The Commission for the Transportation Disadvantaged
847	shall have the authority to audit and review records of any
848	agency that expends transportation disadvantaged funds as
849	defined herein to detect misuse or duplicate billing between
850	funding sources. Findings of such reviews will be reported to
851	the appropriate purchasing agency or other authority for further
852	action.
853	Section 11. This act shall take effect upon becoming a
854	law.