HB 1261 2003
1	CHAMBER ACTION
2
3
4
5
6	The Committee on Transportation recommends the following:
7
8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to transportation services; amending s.
12	427.011, F.S.; revising definitions; defining "purchasing
13	agency," "coordination contract," "coordination
14	contractor," "transportation disadvantaged service plan,"
15	and "alternative transportation provider"; amending s.
16	427.012, F.S.; revising organization, membership, and
17	quorum requirement of the Commission for the
18	Transportation Disadvantaged in the Department of
19	Transportation; amending s. 427.013, F.S.; revising
20	purpose and duties of said commission; requiring said
21	commission to adopt rules for described standards and
22	procedures; requiring a quality assurance and program
23	evaluation section; requiring an ombudsman program;
24	requiring a standing ombudsman committee; requiring said
25	commission to develop a statewide competitive procurement
26	process to be used by designated official planning
27	agencies; requiring said commission, with described
28	partners, to develop and fund described pilot projects;
29	requiring said commission to develop, monitor, and
30	implement a substance abuse program for certain
31	transportation coordinators, operators, and providers;
32	amending s. 427.0135, F.S.; providing duties and
33	responsibilities for purchasing agencies; revising
34	provisions for use of alternative provider; amending s.
35	427.015, F.S.; revising functions of metropolitan planning
36	organizations or designated official planning agencies in
37	coordinating transportation for the transportation
38	disadvantaged; providing for use of a competitive
39	procurement process; prohibiting a purchasing agency from
40	serving as the community transportation coordinator;
41	providing for input into local, regional, and statewide
42	planning processes; providing for assistance to the local
43	community transportation coordinator and local
44	coordinating board with certain educational programs and
45	with identifying potential funding sources; amending s.
46	427.0155, F.S.; revising powers and duties of community
47	transportation coordinators; requiring described contracts
48	to be approved by the Commission for the Transportation
49	Disadvantaged; providing for a multiyear transportation
50	disadvantaged service plan; providing for transportation
51	delivery models; amending s. 427.0157, F.S.; revising
52	powers and duties of coordinating boards; providing for
53	assistance with educational efforts and with development
54	of transportation alternatives; amending s. 427.0158,
55	F.S.; revising requirements for specified information
56	provided by local school boards; amending s. 427.0159,
57	F.S.; revising criteria for use of the Transportation
58	Disadvantaged Trust Fund; authorizing the Commission for
59	the Transportation Disadvantaged to modify the match for
60	certain services; providing rulemaking authority; amending
61	s. 427.016, F.S., relating to transportation disadvantaged
62	funds expended within the state; revising criteria for use
63	of an alternative provider; revising timeframes for
64	described reports by purchasing agencies, metropolitan
65	planning organizations, and planning agencies of certain
66	funds expended; providing authority to audit and review
67	records; providing for an investigation by the Attorney
68	General of certain aspects of transportation disadvantaged
69	programs; providing for recommendations to the Governor
70	and the Legislature; providing an effective date.
71
72	Be It Enacted by the Legislature of the State of Florida:
73
74	Section 1. Section 427.011, Florida Statutes, is amended
75	to read:
76	427.011 Definitions.--For the purposes of ss. 427.011-
77	427.017:
78	(1) "Transportation disadvantaged" means those persons who
79	because of physical or mental disability, income status, or age
80	are unable to transport themselves or to purchase transportation
81	and are, therefore, dependent upon others to obtain access to
82	health care, employment, education, shopping, social activities,
83	or other life-sustaining activities, or children who are
84	handicapped or high-risk or at-risk as defined in s. 411.202.
85	(2) "Metropolitan planning organization" means the
86	organization responsible for carrying out transportation
87	planning and programming in accordance with the provisions of 23
88	U.S.C. s. 134, as provided in 23 U.S.C. s. 104(f)(3).
89	(3) "Agency" means an official, officer, commission,
90	authority, council, committee, department, division, bureau,
91	board, section, or any other unit or entity of the state or of a
92	city, town, municipality, county, or other local governing body
93	or a private nonprofit transportation service-providing agency.
94	(4) "Transportation improvement program" means a staged
95	multiyear program of transportation improvements, including an
96	annual element, which is developed by a metropolitan planning
97	organization or designated official planning agency.
98	(5) "Community transportation coordinator" means a
99	transportation entity approved by the Commission for the
100	Transportation Disadvantaged andrecommended by a metropolitan
101	planning organization, or by the appropriate designated official
102	planning agency as provided for in ss. 427.011-427.017 in an
103	area outside the purview of a metropolitan planning
104	organization, following a competitive procurement processto
105	ensure that coordinated transportation services are provided to
106	the transportation disadvantaged population in a designated
107	service area.
108	(6) "Transportation operator" means one or more public,
109	private for-profit, or private nonprofit entities engaged by the
110	community transportation coordinator to provide service to
111	transportation disadvantaged persons pursuant to a coordinated
112	transportation disadvantagedsystemservice plan.
113	(7) "Coordinating board" means an advisory entity in each
114	designated service area composed of representatives appointed by
115	the metropolitan planning organization or designated official
116	planning agency, to provide assistance to and evaluatethe
117	community transportation coordinator relative to the
118	coordination of transportation services.
119	(8) "Member department" means a department whose head is a
120	member of the commission.
121	(8)(9)"Paratransit" means those elements of public
122	transit thatwhichprovide service between specific origins and
123	destinations selected by the individual user or purchasing
124	agencywith such service being provided at a time that is agreed
125	upon by the individual user or purchasing agency and the
126	provider of the service. Paratransit service is provided by
127	taxis, limousines, "dial-a-ride," buses, and other demand-
128	responsive operations that are characterized by their
129	nonscheduled, nonfixed route nature.
130	(9) "Purchasing agency" means an agency whose head is a
131	member of the Commission for the Transportation Disadvantaged or
132	an agency that purchases or expends funds for transportation
133	services for the transportation disadvantaged and that may
134	choose to contract with the Commission for the Transportation
135	Disadvantaged for the provision of transportation for its
136	clients or other services based on a performance-based contract.
137	(10) "Transportation disadvantaged funds" means any local
138	government, state, or available federal funds that are for the
139	transportation of the transportation disadvantaged. Such funds
140	may include, but are not limited to, funds for planning,
141	Medicaid transportation, administration, operation, procurement,
142	and maintenance of vehicles or equipment and capital
143	investments. Transportation disadvantaged funds do not include
144	funds for the transportation of children to public schools.
145	(11) "Coordination" means the arrangement for the
146	provision of qualitytransportation services to the
147	transportation disadvantaged in a manner that is safe, timely,
148	cost-effective, efficient, and reduces fragmentation and
149	duplication of services.
150	(12) "Annual budget estimate" means a budget estimate of
151	funding resources available for providing transportation
152	services to the transportation disadvantaged and which is
153	prepared annually to cover a period of 1 state fiscal year.
154	(12)(13)"Nonsponsored transportation disadvantaged
155	services" means transportation disadvantaged services that are
156	not sponsored or subsidized by any funding source other than the
157	Transportation Disadvantaged Trust Fund.
158	(13) "Coordination contract" means a written contract
159	between the community transportation coordinator and an agency
160	that receives transportation disadvantaged funds and performs
161	some or all of its own transportation services and
162	transportation services to others when shown to be more
163	effective and more efficient from a total system perspective.
164	The contract shall contain the specific terms and conditions
165	that apply to those agencies that perform their own
166	transportation and shall contain joint utilization and cost
167	provisions for transportation services to and from the community
168	transportation coordinator.
169	(14) "Coordination contractor" means an agency that enters
170	into a coordination contract with the community transportation
171	coordinator that receives transportation disadvantaged funds and
172	performs some, if not all, of its own transportation services,
173	as well as transportation services to others, when shown to be
174	more cost effective and efficient from a total system
175	perspective. The coordination contract shall reflect the
176	specific terms and conditions that will apply to those agencies
177	that perform their own transportation, as well as joint
178	utilization and cost provisions for transportation services to
179	and from the community transportation coordinator.
180	(15) "Transportation disadvantaged service plan" means an
181	annually updated, multiyear plan jointly developed by the
182	designated official planning agency and the community
183	transportation coordinator. It shall contain a development plan,
184	a service plan, and quality assurance components. The plan shall
185	be approved by the Commission for the Transportation
186	Disadvantaged and the local coordinating board and used to
187	evaluate the community transportation coordinators,
188	transportation operators, coordination contractors, and approved
189	alternative providers.
190	(16) "Alternative transportation provider" means a
191	transportation entity that has been determined by a purchasing
192	agency to provide transportation services at a lower cost and
193	meets the same standards as the coordinated system, in
194	accordance with the procedure approved by the Commission for the
195	Transportation Disadvantaged for purchasing agency utilization
196	of alternative providers.
197	Section 2. Paragraphs (d), (g), (k), and (n) of subsection
198	(1) and subsection (4) of section 427.012, Florida Statutes, are
199	amended to read:
200	427.012 The Commission for the Transportation
201	Disadvantaged.--There is created the Commission for the
202	Transportation Disadvantaged in the Department of
203	Transportation.
204	(1) The commission shall consist of the following members:
205	(d) The secretary of the Department of HealthLabor and
206	Employment Securityor the secretary's designee.
207	(g) The secretarydirectorof the Agency for Health Care
208	Administration or the secretary'sdirector'sdesignee.
209	(k) A person with a disabilityhandicapped personwho is a
210	member of a recognized statewide organization representing
211	handicapped Floridians with disabilities. Such person shall be
212	appointed by the Governor to represent disabledhandicapped
213	Floridians and shall be appointed to serve a term of 4 years.
214	(n) A representative of childrenOne member of the Early
215	Childhood Council. Such person shall be appointed by the
216	Governor to represent children at riskmaternal and child health
217	care providersand shall be appointed to serve a term of 4
218	years.
219	(4) The commission shall meet at least quarterly, or more
220	frequently at the call of the chairperson. Fifty-one percent
221	Nine members of the commission membersconstitute a quorum, and
222	a majority vote of the members present is necessary for any
223	action taken by the commission.
224	Section 3. Section 427.013, Florida Statutes, is amended
225	to read:
226	427.013 The Commission for the Transportation
227	Disadvantaged; purpose and responsibilities.--The purpose of the
228	commission is to accomplish and provide statewide oversight for
229	the coordination and fundingof transportation services provided
230	to the transportation disadvantaged. The goal of this
231	coordination and oversight shall be to assure the quality, safe,
232	timely, andcost-effective provision of transportation by
233	qualified community transportation coordinators or
234	transportation operators for the transportation disadvantaged
235	without any bias or presumption in favor of multioperator
236	systems or not-for-profit transportation operators over single
237	operator systems or for-profit transportation operators. In
238	carrying out this purpose, the commission shall:
239	(1) Compile all available information on the
240	transportation operations for and needs of the transportation
241	disadvantaged in the state.
242	(2) Establish, amend, and monitorstatewide objectives for
243	providing the quality, safe, cost-effective, and timely
244	coordinated transportation serviceservicesfor the
245	transportation disadvantaged.
246	(3) Develop, modify, and monitorpolicies and procedures
247	for the coordination of local government, federal, and state
248	funding for the transportation disadvantaged.
249	(4) Identify barriers prohibiting the coordination and
250	accessibility of transportation services to the transportation
251	disadvantaged and aggressively pursue the elimination of these
252	barriers by implementing new or revised policies of the
253	commission or recommending changes to the Legislature.
254	(5) Serve as a statewideclearinghouse for information
255	about transportation disadvantaged services, training, funding
256	sources, innovations, and coordination best practicesefforts.
257	(6) In coordination with community transportation
258	coordinators, local coordinating boards, and purchasing
259	agencies, assist communities in developing and monitoring
260	transportation systems designed to serve the transportation
261	disadvantaged.
262	(7) Assure, by reviewing and recommending changes,that
263	all procedures, guidelines, and directives issued by purchasing
264	agenciesmember departmentsare conducive to the coordination of
265	transportation services and in compliance with ss. 427.011-
266	427.017, and adhere to the standards of the commission provided
267	by rule or other policies adopted by the commission.
268	(8)(a) Assure that purchasing agenciesmember departments
269	purchase all trips within the coordinated system, unless they
270	have been approved to use an alternative transportation
271	provider, pursuant to rules and procedures adopted by the
272	commission, that meets the standards of the commissionuse a
273	more cost-effective alternative provider.
274	(b) Approve and implementProvide, by rule, criteria and
275	procedures for any agency that purchases transportation services
276	member departments to justify utilizing an alternative
277	transportation provider outside of the coordinated
278	transportation systemuse if they wish to use an alternative
279	provider. Such proceduresDepartmentsmust demonstrate either
280	that the proposed alternative provider can provide a trip of
281	acceptable quality for the clients at a lower cost than that
282	provided within the coordinated system and such provider meets
283	the minimum approved standards of the commission as outlined in
284	rule, or that the coordinated system cannot accommodate the
285	purchasing agency's needsdepartment's clients.
286	(9) Develop by rule standards for community transportation
287	coordinators,and any transportation operators,operator or
288	coordination contractors, and agencies that have been approved
289	to contract with alternative providers as specified in
290	subsection (8)contractorfrom whom service is purchased or
291	arranged by the community transportation coordinator covering
292	coordination, operation, safety, insurance, eligibility for
293	service, costs, on-time performance,and utilization of
294	transportation disadvantaged services. These standards and rules
295	must include, but are not limited to:
296	(a) Inclusion, by rule, of acceptable ranges of trip costs
297	for the various modes and types of transportation services
298	provided.
299	(a)(b)Minimum performance standards for the delivery of
300	services. These standards must be included in community
301	transportation coordinator contracts,andtransportation
302	operator contracts, coordination contracts, and contracts
303	between purchasing agency-approved transportation alternative
304	providers as approved in accordance with subsection (8),with
305	clear penalties for repeated or continuing violations.
306	(b)(c)Minimum liability insurance requirements for all
307	transportation services purchased, provided, or coordinated for
308	the transportation disadvantaged through the community
309	transportation coordinator, a transportation operator, or an
310	alternative transportation provider as approved in accordance
311	with subsection (8).
312	(c) Minimum driver background screening for all
313	transportation disadvantaged services purchased, provided, or
314	coordinated for the transportation disadvantaged through the
315	community transportation coordinators, transportation operators,
316	or alternative transportation providers as approved in
317	accordance with subsection(8).
318	(10) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
319	implement the provisions of ss. 427.011-427.017.
320	(11) Approve the appointment of all community
321	transportation coordinators.
322	(12) Have the authority to aggressivelyapply for and
323	accept funds, grants, gifts, and services from the Federal
324	Government, state government, local governments, or private
325	funding sources. Applications by the commission for local
326	government funds shall be coordinated through the appropriate
327	coordinating board. Funds acquired or accepted under this
328	subsection shall be administered by the commission and shall be
329	used to carry out the commission's responsibilities.
330	(13) Make an annual report to the Governor, the President
331	of the Senate, and the Speaker of the House of Representatives
332	by February 1January 1of each year.
333	(14) Consolidate, for each state agency, the annual budget
334	estimates for transportation disadvantaged services, and the
335	amounts of each agency's actual expenditures, together with the
336	annual budget estimates of each official planning agency, local
337	government, and directly federally funded agency and issue a
338	report.
339	(14)(15)Prepare a statewide 5-year transportation
340	disadvantaged plan which addresses the transportation problems
341	and needs of the transportation disadvantaged, which is fully
342	coordinated with the Florida Transportation Plan and local and
343	regionaltransit plans, compatible with local government
344	comprehensive plans, and which ensures that the highest quality,
345	most safe, timely, cost-effective,and efficient method of
346	providing transportation to the disadvantaged is programmed for
347	development.
348	(15)(16)Review and approve memorandums of agreement for
349	the provision of coordinated transportation services.
350	(16)(17)Review, monitor, and coordinate all
351	transportation disadvantaged local government, state, and
352	federal fund requests and plans for conformance with commission
353	policy, without delaying the application process. Such funds
354	shall be available only to those entities participating in an
355	approved coordinated transportation system or entities that have
356	been approved to utilize an alternative provider based onwhich
357	have received a commission-approved procedureswaiverto obtain
358	all or part of their transportation through another means as
359	outlined in subsection (8). This process shall identify
360	procedures for coordinating with the state's intergovernmental
361	coordination and review procedures and s. 216.212(1) and any
362	other appropriate grant review process.
363	(17)(18)Develop an interagency uniform contracting and
364	billing and accounting system that shall be used by all
365	community transportation coordinators and their transportation
366	operators.
367	(18)(19)Develop and maintain a transportation
368	disadvantaged handbook outlining current rules, regulations, and
369	procedures for implementation of the programmanual.
370	(19)(20) Design and develop statewidetransportation
371	disadvantaged training and technical assistance programs
372	ensuring coordination with other agencies and maximizing
373	available resources.
374	(20)(21)Coordinate all transportation disadvantaged
375	programs with appropriate state, local, and federal agencies and
376	public transit agencies to ensure compatibility with existing
377	transportation systems.
378	(21)(22)Designate the official planning agency in areas
379	outside of the purview of a metropolitan planning organization.
380	(22)(23) Develop and update, as needed, eligibility
381	guidelinesneed-based criteriathat must be used by all
382	community transportation coordinators to prioritize the delivery
383	of nonsponsored transportation disadvantaged services that are
384	purchased with Transportation Disadvantaged Trust Fund moneys.
385	(23) To ensure the level of quality and timely, safe,
386	cost-effective, efficient, and financially accountable areas of
387	the transportation disadvantaged program, employ a quality
388	assurance and program evaluation section and utilize outside
389	contractors to accomplish some of its responsibilities.
390	(a) The quality assurance and program evaluation section
391	shall monitor and evaluate community transportation
392	coordinators, transportation operators, and coordination
393	contractors based upon approved commission and locally
394	established quality assurance standards or other policies
395	identified in rules approved by the commission. To eliminate
396	duplication of effort, purchasing agencies that monitor
397	community transportation coordinators shall coordinate their
398	efforts with the commission's quality assurance and program
399	evaluation section. Purchasing agencies shall make available
400	records for transportation services billed in order for the
401	commission to conduct a financial audit to detect duplicate
402	billing among several funding sources.
403	(b) If a community transportation coordinator does not
404	comply with the quality assurance standards, or if the
405	commission has good cause to believe that the system is not
406	complying with the quality assurance standards, the commission
407	may conduct a special or financial review of the community
408	transportation coordinator or its transportation operators. If
409	the special review indicates continued noncompliance,
410	transportation disadvantaged funds shall be withheld until
411	compliance is achieved.
412	(c) The quality assurance and program evaluation section
413	shall biennially monitor all designated official planning
414	agencies based upon the commission's contract requirements and
415	deliverables thereof. Noncompliance shall result in
416	transportation disadvantaged funds being withheld until
417	compliance is achieved.
418	(d) Employees of the quality assurance and program
419	evaluation section shall function independently and be directly
420	responsible to the executive director. The use of outside
421	contracting is permitted in order to accomplish the tasks not
422	able to be performed by existing personnel.
423	(24) Develop a minimum set of quality assurance standards,
424	including commission standards and locally established standards
425	or other policies adopted by rule, which shall be included in
426	each designated service area's transportation disadvantaged
427	service plan. Compliance with the quality assurance standards
428	and other policies shall be a condition of program participation
429	by the community transportation coordinator and any
430	transportation operators or coordination contractors involved in
431	the coordinated system. Each community transportation
432	coordinator shall be reviewed annually by the local coordinating
433	board and biennially by the quality assurance and program
434	evaluation section of the commission to ensure compliance with
435	quality assurance standards. Transportation operators and
436	coordination contractors shall be monitored at least annually by
437	the community transportation coordinator to ensure compliance
438	with the quality assurance standards and other policies approved
439	by the commission.
440	(25) Establish an ombudsman program that shall serve as an
441	advocate in resolving transportation concerns for the consumer,
442	purchasing agency, community transportation coordinator,
443	transportation operator, coordination contractor, and others who
444	need assistance or investigation about a transportation concern.
445	The ombudsman program shall provide a statewide toll-free phone
446	number for consumers and others and shall serve as a
447	clearinghouse to provide information about transportation
448	services or to refer unrelated matters to the appropriate
449	authority. The information collected and documented by the
450	ombudsman program shall be forwarded to the community
451	transportation coordinator, local coordinating board, and the
452	commission.
453	(26) Appoint a standing ombudsman committee that shall
454	consist of a chairperson, vice chairperson, and three other
455	members. The ombudsman committee shall be responsible for
456	oversight of the ombudsman program and shall report and
457	recommend actions to be taken to the commission. The ombudsman
458	committee shall be responsible for addressing all grievances
459	that are not resolved at the local level which are provided to
460	the commission within the guidelines of the commission's
461	grievance procedures. Any areas of legal concern shall be
462	referred to the commission's general counsel for disposal. The
463	ombudsman program shall be staffed by commission personnel from
464	the quality assurance and program evaluation section.
465	(24) Establish a review procedure to compare the rates
466	proposed by alternate transportation operators with the rates
467	charged by a community transportation coordinator to determine
468	which rate is more cost-effective.
469	(25) Conduct a cost-comparison study of single-
470	coordinator, multicoordinator, and brokered community
471	transportation coordinator networks to ensure that the most
472	cost-effective and efficient method of providing transportation
473	to the transportation disadvantaged is programmed for
474	development.
475	(26) Develop a quality assurance and management review
476	program to monitor, based upon approved commission standards,
477	services contracted for by an agency, and those provided by a
478	community transportation operator pursuant to s. 427.0155. Staff
479	of the quality assurance and management review program shall
480	function independently and be directly responsible to the
481	executive director.
482	(27) Ensure that local community transportation
483	coordinators work cooperatively with regional workforce boards
484	established in chapter 445 to provide assistance in the
485	development of innovative transportation services for
486	participants in the welfare transition program.
487	(28) Develop, by rule, a statewide and uniform competitive
488	procurement process and procedure to be used by each designated
489	official planning agency for the procurement of community
490	transportation coordinators and transportation operators in
491	compliance with chapter 287, but not to conflict with local
492	government purchasing policies. This procedure shall be agreed
493	upon by all purchasing agencies as to the services to be
494	procured, the available budget and rates to be paid, the minimum
495	commission quality assurance standards, other commission
496	policies, and other criteria needed by a purchasing agency to
497	ensure safe, quality, timely, and cost-effective services. Once
498	this process and procedure have been conducted by the designated
499	official planning agency at the local level, purchasing
500	agencies, unless they have been approved in advance of this
501	process to utilize an alternative provider as outlined in
502	subsection (8), shall contract with the selected community
503	transportation coordinators or transportation operators based on
504	the agreed-upon levels and rates for services.
505	(29) In coordination with local community transportation
506	coordinators and local coordinating boards, develop and
507	implement innovative approaches to the delivery of coordinated
508	transportation services at the local level, including, but not
509	limited to, the utilization of volunteers, faith-based
510	organizations, and other initiatives within the coordinated
511	system, and meeting the commission's standards identified in
512	rule.
513	(30) To promote consumer choice in transportation services
514	within the coordinated transportation program, in partnership
515	with other funding agencies, jointly develop and fund pilot
516	projects for innovative models for the delivery of
517	transportation services that offer improved customer
518	satisfaction and promote independence. Such pilot projects shall
519	be evaluated and may be replicated in other areas where
520	successful.
521	(31) Develop, monitor, and implement a substance abuse
522	program for community transportation coordinators,
523	transportation operators, and approved transportation
524	alternative providers. The commission may utilize contracted
525	services to implement this program or work jointly with other
526	agencies to prevent duplicating similar programs.
527	Section 4. Section 427.0135, Florida Statutes, is amended
528	to read:
529	427.0135 Purchasing agenciesMember departments; duties
530	and responsibilities.--Each purchasing agencymember department,
531	in carrying out the policies and procedures of the Commission
532	for the Transportation Disadvantaged, shall:
533	(1)(a) Use the coordinated transportation system for
534	provision of services to its clients, unless an alternative
535	provider has been approved based on procedures and adopted
536	standards of the Commission for the Transportation Disadvantaged
537	as identified in s. 427.013(8)(b)each department meets the
538	criteria outlined in rule to use an alternative provider.
539	(b) Subject to the provisions of s. 409.908(18), the
540	Medicaid agency shall purchase transportation services through
541	the community coordinated transportation system unless the
542	Medicaid agency has been approved to purchase services with an
543	approved alternative provider based on procedures adopted by
544	rules of the Commission for the Transportation Disadvantageda
545	more cost-effective method is determined by the agency for
546	Medicaid clients or unless otherwise limited or directed by the
547	General Appropriations Act.
548	(2) Provide the Commission for the Transportation
549	Disadvantaged, by October 1September 15of each year, an
550	accounting of all funds spent as well as how many trips were
551	purchased with agency funds.
552	(3) Assist communities in developing coordinated
553	transportation systems designed to serve the transportation
554	disadvantaged. However, a purchasing agencymember department
555	may not serve as the community transportation coordinator in any
556	designated service area.
557	(4) Assure that its rules, procedures, guidelines, and
558	directives are conducive to the coordination of transportation
559	funds and services for the transportation disadvantaged and in
560	compliance with this chapter.
561	(5) In coordination with the Commission for the
562	Transportation Disadvantaged,provide technical assistance, as
563	needed, to community transportation coordinators or
564	transportation operators or participating agencies.
565	(6) Request budget authority for the allocation of
566	transportation funds annually in the agency's legislative budget
567	request to ensure that access to agency services is in place
568	through the coordinated transportation system or to ensure
569	access to transportation alternative providers where approved
570	based on procedures of the Commission for the Transportation
571	Disadvantaged.
572	(7) Be authorized to contract or transfer funds on an
573	annual or other agreed-upon period with the Commission for the
574	Transportation Disadvantaged for the provision of coordinated
575	transportation or other services based on a mutually agreed-upon
576	performance-based contract.
577	Section 5. Subsections (2) and (3) of section 427.015,
578	Florida Statutes, are amended, and subsection (4) is added to
579	said section, to read:
580	427.015 Function of the metropolitan planning organization
581	or designated official planning agency in coordinating
582	transportation for the transportation disadvantaged.--
583	(2) Utilizing a competitive procurement process identified
584	in chapter 287,each metropolitan planning organization or
585	designated official planning agency shall recommend to the
586	Commission for the Transportation Disadvantageda single
587	community transportation coordinator. However, a purchasing
588	agencymember departmentmay not serve as the community
589	transportation coordinator in any designated service area. The
590	coordinator may broker the transportation services orprovide
591	all or a portion of needed transportation services for the
592	transportation disadvantaged but shall be responsible for the
593	provision of those coordinated services. Based on approved
594	commission evaluation criteria approved by the Commission for
595	the Transportation Disadvantaged, the coordinator shall
596	subcontract or broker those services that are more cost-
597	effectively and efficiently provided by subcontracting or
598	brokering. The performance of the coordinator shall be evaluated
599	based on thatthecommission's approved evaluation criteria by
600	the coordinating board at least annually. A copy of the
601	evaluation shall be submitted to the metropolitan planning
602	organization or the designated official planning agency, and the
603	Commission for the Transportation Disadvantaged. The
604	recommendation or termination of any community transportation
605	coordinator shall be subject to approval by the Commission for
606	the Transportation Disadvantaged.
607	(3) Each metropolitan planning organization or designated
608	official planning agency shall provide regular input into local,
609	regional, and statewide planning processes, including, but not
610	limited to, the Florida Transportation Plan or components
611	thereof, local and state comprehensive plans, regional plans,
612	and other plans that impact the planning for services to the
613	transportation disadvantagedrequest each local government in
614	its jurisdiction to provide an estimate of all local and direct
615	federal funds to be expended for transportation for the
616	disadvantaged. The metropolitan planning organization or
617	designated official planning agency shall consolidate this
618	information into a single report and forward it, by the
619	beginning of each fiscal year, to the commission.
620	(4) Each metropolitan planning organization or designated
621	official planning agency shall assist the local community
622	transportation coordinator and local coordinating board with
623	public educational programs regarding the needs of
624	transportation disadvantaged in their communities. Such
625	educational programs may include information regarding the state
626	donation each person is entitled to make as part of his or her
627	annual motor vehicle registration renewal or other state or
628	federal programs related to the funding of the Transportation
629	Disadvantaged Trust Fund. In addition, each metropolitan
630	planning organization or designated official planning agency is
631	authorized to assist the local community transportation
632	coordinator and local coordinating board in identifying
633	potential federal, state, and local funding sources to
634	adequately fund the unmet transportation needs of transportation
635	disadvantaged citizens.
636	Section 6. Section 427.0155, Florida Statutes, is amended
637	to read:
638	427.0155 Community transportation coordinators; powers and
639	duties.--Community transportation coordinators shall have the
640	following powers and duties:
641	(1) Execute uniform contracts, approved by the Commission
642	for the Transportation Disadvantaged,for service using a
643	standard contract, which includes performance standards for
644	transportation operators and coordination contractors.
645	Transportation operator contracts shall include, but may not be
646	limited to, specific performance standards addressing quality,
647	safe, timely, and cost-effective services and shall provide for
648	enforceable penalties for noncompliance. The contracts shall
649	also ensure timely payments to all transportation operators as
650	required by law. Contracts shall require notification and
651	certification to transportation operators and the Commission for
652	the Transportation Disadvantaged that timely payments to
653	transportation operators have been made in accordance with law.
654	In cases in which this has not occurred, the nonpayment issue
655	will be turned over to the appropriate authorities for final
656	resolution.
657	(2) Collect manual, electronic, or online submittedannual
658	operating data for submittal to the Commission for the
659	Transportation Disadvantaged no later than October 1 each year
660	and more frequently as determined by that commission.
661	(3) Review and monitor all transportation operator and
662	coordinatorcontracts annually.
663	(4) Approve and coordinate the utilization of school bus
664	and public transportation services in accordance with the
665	transportation disadvantaged service plan.
666	(5) In cooperation with a local or multicountyfunctioning
667	coordinating board, review all applications for local
668	government, federal, and state transportation disadvantaged
669	funds, and recommend actions based on cost effectiveness and
670	appropriateness of the requested funding applicationdevelop
671	cost-effective coordination strategies.
672	(6) In cooperation with, and approved by, the local or
673	multicountycoordinating board, develop, negotiate, implement,
674	and monitor a memorandum of agreement, including a multiyear
675	transportation disadvantagedservice plan, for submittal to the
676	Commission for the Transportation Disadvantaged. The multiyear
677	transportation disadvantaged service plan shall be based on the
678	competitive procurement process followed for the selection of
679	the community transportation coordinators and transportation
680	operators.
681	(7) In cooperation with the local or multicounty
682	coordinating board and pursuant to eligibility guidelines
683	criteriadeveloped by the Commission for the Transportation
684	Disadvantaged, establish priorities with regard to the
685	recipients of nonsponsored transportation disadvantaged services
686	that are purchased with Transportation Disadvantaged Trust Fund
687	moneys.
688	(8) Have full responsibility for the coordination and
689	delivery of transportation services for the transportation
690	disadvantaged as outlined in s. 427.015(2) and that are funded
691	by state, federal, or local government sources.
692	(9) Work cooperatively with regional workforce boards
693	established in chapter 445 to provide assistance in the
694	development of innovative transportation services for
695	participants in the welfare transition program.
696	(10) In coordination with the local or multicounty
697	coordinating board, develop transportation delivery models
698	within the coordinated transportation system by the utilization
699	of volunteers, faith-based organizations, or other innovative
700	approaches to maximize limited financial resources.
701	Section 7. Section 427.0157, Florida Statutes, is amended
702	to read:
703	427.0157 Coordinating boards; powers and duties.--The
704	purpose of each coordinating board is to develop and evaluate
705	local service needs and to provide information, advice, and
706	direction to the community transportation coordinators on the
707	coordination of services to be provided to the transportation
708	disadvantaged. The Commission for the Transportation
709	Disadvantagedshall, by rule, establish the membership of
710	coordinating boards. The members of each board shall be
711	appointed by the metropolitan planning organization or
712	designated official planning agency. The appointing authority
713	shall provide each board with sufficient staff support and
714	resources to enable the board to fulfill its responsibilities
715	under this section. Each board shall meet at least quarterly and
716	shall:
717	(1) Review, monitor,and approve the coordinated community
718	transportation disadvantaged service plan, including the
719	memorandum of agreement, prior to submittal to the Commission
720	for the Transportation Disadvantaged.;
721	(2) Evaluate services provided in meeting the approved
722	plan based on standards of the Commission for the Transportation
723	Disadvantaged and local standards.;
724	(3) In cooperation with the community transportation
725	coordinator, review and provide recommendations to the
726	Commission for the Transportation Disadvantagedon funding
727	applications affecting the transportation disadvantaged.;
728	(4) Assist the community transportation coordinator in
729	establishing priorities with regard to the recipients of
730	nonsponsored transportation disadvantaged services that are
731	purchased with Transportation Disadvantaged Trust Fund moneys.
732	(5) Review and assist inthe coordination strategies of
733	service provision to the transportation disadvantaged in the
734	designated service area.; and
735	(6) Evaluate and develop multicounty, intrastate,or
736	regional transportation opportunities.
737	(7) Work cooperatively with regional workforce boards
738	established in chapter 445 to provide assistance in the
739	development of innovative transportation services for
740	participants in the welfare transition program.
741	(8) Assist the metropolitan planning organization or
742	designated official planning agency and the local community
743	transportation coordinator with local public awareness and
744	educational efforts to increase donations to the Transportation
745	Disadvantaged Trust Fund or to identify other public and private
746	resources to address the unmet transportation needs of
747	transportation disadvantaged citizens.
748	(9) Assist the community transportation coordinator with
749	development of innovative transportation alternatives within the
750	coordinated transportation system, including, but not limited
751	to, the utilization of volunteers, faith-based organizations, or
752	other innovative approaches to maximize limited financial
753	resources and improve customer satisfaction.
754	Section 8. Paragraph (a) of subsection (2) of section
755	427.0158, Florida Statutes, is amended to read:
756	427.0158 School bus and public transportation.--
757	(2) The school boards shall cooperate in the utilization
758	of their vehicles to enhance coordinated disadvantaged
759	transportation by providing the information as required by this
760	section and by allowing the use of their vehicles at actual cost
761	upon request when those vehicles are available for such use and
762	are not transporting students. Semiannually, no later than
763	October 1 and April 30, a designee from the local school board
764	shall provide the community transportation coordinator with
765	copies to the coordinated transportation board, the following
766	information for vehicles not scheduled 100 percent of the time
767	for student transportation use:
768	(a) The number and type of vehicles by adult capacity,
769	including how many vehicles have seat belts, how many have air
770	conditioning, and how many are accessible,including days and
771	times of availability, that the vehiclesare available for
772	coordinated transportation disadvantaged services;
773	Section 9. Section 427.0159, Florida Statutes, is amended
774	to read:
775	427.0159 Transportation Disadvantaged Trust Fund.--
776	(1) There is established in the State Treasury the
777	Transportation Disadvantaged Trust Fund to be administered by
778	the Commission for the Transportation Disadvantaged. All fees
779	collected for the transportation disadvantaged program under s.
780	320.03(9) or other statutes where funding has been statutorily
781	designated to the programshall be deposited in the trust fund.
782	(2) Funds deposited in the trust fund shall be
783	appropriated by the Legislature to the Commission for the
784	Transportation Disadvantagedand shall be used to carry out the
785	responsibilities of the commission and to fund the
786	administrative expenses of the commission, including, but not
787	limited to, the development of educational materials to improve
788	customer awareness and for acquiring public and private
789	donations to the trust fund to meet the unmet transportation
790	disadvantaged needs.
791	(3) Funds deposited in the trust fund mustmaybe used by
792	the Commission for the Transportation Disadvantagedto subsidize
793	a portion of a transportation disadvantaged person's
794	transportation costs which is not sponsored by an agency, only
795	if a cash or in-kind match is required. The Commission for the
796	Transportation Disadvantaged, by rule, shall have the authority
797	to increase, reduce, or eliminate the match for innovative
798	transportation disadvantaged services, including, but not
799	limited to, use of volunteers, use of faith-based organizations,
800	pilot projects for consumer choice, and other initiatives that
801	maximize limited resources but conform to that commission's
802	standards as identified in rule.Funds for nonsponsored
803	transportation disadvantaged services shall be distributed based
804	upon the need of the recipient and according to eligibility
805	guidelinescriteria developed in ruleby the Commission for the
806	Transportation Disadvantaged.
807	Section 10. Section 427.016, Florida Statutes, is amended
808	to read:
809	427.016 Expenditure of local government, state, and
810	federal funds for the transportation disadvantaged.--
811	(1)(a) All transportation disadvantaged funds expended
812	within the state shall be expended to purchase transportation
813	services from community transportation coordinators or public,
814	private, or private nonprofit transportation operators within
815	the coordinated transportation system, except when a purchasing
816	agency has been approved to contract with an alternative
817	provider that meets the same quality and safety standards of the
818	Commission for the Transportation Disadvantagedthe rates
819	charged by proposed alternate operators are proven, pursuant to
820	rules and procedures generated by thatthe commission for the
821	Transportation Disadvantaged, and isto bemore cost-effective
822	and are not a risk to the public health, safety, or welfare.
823	However, in areas where transportation suited to the unique
824	needs of a transportation disadvantaged person cannot be
825	purchased through the coordinated system, or where the agency
826	has met the rule criteria for using an alternative provider, the
827	service may be contracted for directly by the appropriate
828	agency.
829	(b) Nothing in this subsection shall be construed to limit
830	or preclude the Medicaid agency from establishing maximum fee
831	schedules, individualized reimbursement policies by provider
832	type, negotiated fees, competitive bidding, or any other
833	mechanism that the agency considers efficient and effective for
834	the purchase of services on behalf of Medicaid clients.State
835	and local agencies shall not contract for any transportation
836	disadvantaged services, including Medicaid reimbursable
837	transportation services, with any community transportation
838	coordinator or transportation operator that has been determined
839	by the Agency for Health Care Administration, the Department of
840	Legal Affairs Medicaid Fraud Control Unit, or any state or
841	federal agency to have engaged in any abusive or fraudulent
842	billing or violence-related criminalactivities.
843	(2) Each purchasingagency, whether or not it is a member
844	of the Commission for the Transportation Disadvantaged, shall
845	furnish thatinform the commission in writing, by October 1
846	before the beginning of each fiscal year, of the specific amount
847	of any money the agency allocated for transportation
848	disadvantaged services. Additionally, each state agency shall,
849	by September 15 of each year, provide the commissionwith an
850	accounting of the actual amount of funds expended and the total
851	number of trips purchased.
852	(3) Each metropolitan planning organization or designated
853	official planning agency shall annually compile a report
854	accounting for all local government and direct federal funds for
855	transportation for the disadvantaged expended in its
856	jurisdiction and forward this report by October 1September 15
857	to the Commission for the Transportation Disadvantaged.
858	(4) The Commission for the Transportation Disadvantaged
859	shall have the authority to audit and review records of any
860	agency that expends transportation disadvantaged funds as
861	defined herein to detect misuse or duplicate billing between
862	funding sources. Findings of such reviews will be reported to
863	the appropriate purchasing agency or other authority for further
864	action.
865	Section 11. The Attorney General is authorized and
866	directed to conduct an independent investigation and review to
867	provide recommendations no later than February 1, 2004, to the
868	Governor, the President of the Senate, and the Speaker of the
869	House of Representatives on the following areas relating to
870	implementation of chapter 427, Florida Statutes, the governing
871	legislation for Florida's Transportation Disadvantaged Program.
872	The recommendations may include:
873	(1) An investigation and report on any cases of fraud or
874	possible opportunities for fraud and abuse for those
875	transportation coordinators and providers contracting both
876	within and outside the coordinated transportation system as
877	required pursuant to chapter 427, Florida Statutes.
878	(2) A review and report on areas of needed improvement to
879	further ensure reduction in the duplication and fragmentation of
880	services within and outside the coordinated transportation
881	system.
882	(3) A review and identification of local commitment,
883	including local government funding, to support the provision of
884	transportation disadvantaged services.
885	(4) A review and report by county of existing cost
886	effectiveness and efficiency measures currently working and
887	identification of areas of needed improvement.
888	(5) A review and report on the level of standards required
889	for services provided within and outside the coordinated
890	transportation system and how these standards are impacting the
891	costs or quality of services provided to the state's
892	transportation disadvantaged.
893	(6) A review and report on how costs are derived and
894	whether the current competitive procurement process is sound and
895	being followed in a uniform manner, ensuring that limited tax
896	dollars are being maximized.
897	(7) A review and report on the current appropriations
898	levels for all the agencies that fund a portion of the
899	transportation disadvantaged services and recommendations of
900	ways to streamline this process, including the consolidation of
901	all the funds into the Transportation Disadvantaged Trust Fund,
902	to further stretch limited tax dollars.
903	(8) A review and report on current monitoring of services
904	by all the agencies that purchase or fund transportation
905	disadvantaged services and recommendations of ways to streamline
906	this process to provide standard uniformity as well as reduce
907	administrative costs for these agencies.
908	(9) A review and report on impacts to the lives of
909	transportation disadvantaged citizens should future
910	transportation disadvantaged services to certain types of
911	medically essential services be reduced.
912	(10) A review and recommendations for the 2004 Legislature
913	on changes to chapter 427, Florida Statutes, or other governing
914	statutes to ensure that improvements are made in the areas where
915	needed.
916
917	In conducting this review, public input is essential.
918	Participants in this review shall include, but may not be
919	limited to, stakeholders from the Commission for the
920	Transportation Disadvantaged, community transportation
921	coordinators, local planning agencies, local coordinating boards
922	who oversee local decisions made, and riders or potential riders
923	of the services. It is recommended that at least four public
924	hearings be held throughout the state for this purpose.
925	Section 12. This act shall take effect upon becoming a
926	law.