Senate Bill sb1168c2
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Florida Senate - 2005 CS for CS for SB 1168
By the Committees on Criminal Justice; Transportation; and
Senators Constantine and Alexander
591-2050-05
1 A bill to be entitled
2 An act relating to the Commission for the
3 Transportation Disadvantaged; amending s.
4 427.012, F.S.; revising the membership of the
5 commission; establishing term limits; directing
6 each member of the commission to serve without
7 regional bias; providing qualifications for
8 appointment to membership on the commission;
9 requiring candidates for appointment to the
10 commission to meet certain standards for
11 background screening; requiring the Department
12 of Transportation to inform the commission if a
13 candidate fails to meet the screening
14 standards; providing that costs of screening be
15 borne by the department or the candidate for
16 appointment; authorizing the commission to
17 appoint technical advisory committees;
18 providing an effective date.
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20 Be It Enacted by the Legislature of the State of Florida:
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22 Section 1. Section 427.012, Florida Statutes, is
23 amended to read:
24 427.012 The Commission for the Transportation
25 Disadvantaged.--There is created the Commission for the
26 Transportation Disadvantaged in the Department of
27 Transportation.
28 (1) The commission shall consist of the following
29 members:
30 (a) The secretary of the Department of Transportation
31 or the secretary's designee.
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1 (b) The secretary of the Department of Children and
2 Family Services or the secretary's designee.
3 (c) The Commissioner of Education or the
4 commissioner's designee.
5 (c)(d) The director of Workforce Innovation or the
6 director's secretary of the Department of Labor and Employment
7 Security or the secretary's designee.
8 (d)(e) The executive director of the Department of
9 Veterans' Affairs or the executive director's designee.
10 (e)(f) The secretary of the Department of Elderly
11 Affairs or the secretary's designee.
12 (f)(g) The director of the Agency for Health Care
13 Administration or the director's designee.
14 (g) The director of the Agency for Persons with
15 Disabilities or the director's designee.
16 (h) The chair of the commission, who shall be
17 appointed by the Governor A representative of the Florida
18 Association for Community Action, who shall serve at the
19 pleasure of that association.
20 (i) Seven members appointed by the Governor for terms
21 of 4 years, who shall be from each of the seven districts of
22 the Department of Transportation. One of the members must be a
23 person over the age of 60 who uses paratransit services and
24 one member must be a person with a disability who uses
25 paratransit services. Two representatives must be from rural
26 districts A representative of the Florida Transit Association,
27 who shall serve at the pleasure of that association.
28 (j) A person over the age of 60 who is a member of a
29 recognized statewide organization representing elderly
30 Floridians. Such person shall be appointed by the Governor to
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1 represent elderly Floridians and shall be appointed to serve a
2 term of 4 years.
3 (k) A handicapped person who is a member of a
4 recognized statewide organization representing handicapped
5 Floridians. Such person shall be appointed by the Governor to
6 represent handicapped Floridians and shall be appointed to
7 serve a term of 4 years.
8 (l) Two citizen advocate representatives who shall be
9 appointed by the Governor for a term of 4 years, one
10 representing rural citizens and one representing urban
11 citizens.
12 (m) A representative of the community transportation
13 coordinators. Such person shall be appointed by the Governor
14 to represent all community transportation coordinators and
15 shall be appointed to serve a term of 4 years.
16 (n) One member of the Early Childhood Council. Such
17 person shall be appointed by the Governor to represent
18 maternal and child health care providers and shall be
19 appointed to serve a term of 4 years.
20 (o) Two representatives of current private for-profit
21 or private not-for-profit transportation operators each of
22 which have a minimum of 5 years of continuous experience
23 operating a broad-based system of ambulatory and
24 wheelchair/stretcher type transportation, utilizing not less
25 than 50 vehicles and including dispatch and scheduling
26 responsibilities. Such persons shall be appointed by the
27 Commissioner of Agriculture to serve a term of 4 years.
28 (p) Four representatives of current private for-profit
29 or private not-for-profit transportation operators, each of
30 which having a minimum of 5 years of continuous experience
31 operating a broad-based system of ambulatory and wheelchair or
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1 stretcher-type transportation, utilizing not less than 50
2 vehicles, and including dispatch and scheduling
3 responsibilities. Such persons shall be appointed by the
4 Commissioner of Agriculture to serve a term of 4 years.
5 (q) Six citizens representing the nontransportation
6 business community of the state, three members appointed by
7 the President of the Senate and three members appointed by the
8 Speaker of the House of Representatives.
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10 Each member of the commission shall represent the needs of the
11 transportation disadvantaged throughout the state. A member
12 may not subordinate the needs of the transportation
13 disadvantaged in general to favor the needs of others residing
14 in a specific location in the state.
15 (2) Members appointed to the commission may not serve
16 more than two full terms. A member must be a citizen of the
17 state and a registered voter. A member, other than a local
18 elected official, may not be an employee or agent of a
19 community transportation coordinator, a contractor or
20 subcontractor of a community transportation coordinator, or a
21 direct or indirect subcontractor to a contractor employed by a
22 community transportation coordinator.
23 (3) A member, other than a local elected official, may
24 not have any interest, direct or indirect, in any contract,
25 franchise, privilege, or other benefit granted or awarded by
26 the commission, the Agency for Health Care Administration, or
27 the Department of Children and Family Services during the term
28 of his or her appointment and for 2 years after the
29 termination of the appointment.
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1 (4)(2) The chairperson shall be appointed by the
2 Governor and vice chairperson of the commission shall be
3 elected annually from the membership of the commission.
4 (5)(3) Members of the commission shall serve without
5 compensation but shall be allowed per diem and travel
6 expenses, as provided in s. 112.061.
7 (6)(4) The commission shall meet at least quarterly,
8 or more frequently at the call of the chairperson. Nine
9 members of the commission constitute a quorum, and A majority
10 vote of the members present is necessary for any action taken
11 by the commission.
12 (7) Each candidate for appointment to the commission
13 must, before accepting the appointment, undergo background
14 screening under s. 435.04, by filing with the Department of
15 Transportation a complete set of fingerprints taken by an
16 authorized law enforcement agency. The fingerprints must be
17 submitted to the Department of Law Enforcement for state
18 processing, and that department shall submit the fingerprints
19 to the Federal Bureau of Investigation for federal processing.
20 The Department of Transportation shall screen the background
21 results and inform the commission if any candidate failed to
22 meet level 2 screening standards. A candidate found to have
23 failed to meet level 2 screening standards may not be
24 appointed to the commission. The cost of the background
25 screening may be borne by the Department of Transportation or
26 the candidate for appointment to the commission.
27 (8)(5) The Governor may remove any member of the
28 commission for cause.
29 (9)(6) The commission shall appoint an executive
30 director who shall serve under the direction, supervision, and
31 control of the commission. The executive director, with the
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1 consent of the commission, shall employ such personnel as may
2 be necessary to perform adequately the functions of the
3 commission within budgetary limitations. All employees of the
4 commission are exempt from the Career Service System.
5 (10) The commission shall appoint at least three
6 technical advisory committees to advise the commission on
7 issues of importance to the state and to regions of the state.
8 (a) One technical advisory committee shall provide
9 information, advice, and direction to the commission on the
10 coordination of services for the transportation disadvantaged.
11 Its membership may include, but need not be limited to,
12 representatives of community transportation coordinators and
13 private paratransit providers.
14 (b) One technical advisory committee shall provide
15 information, advice, and direction to the commission on the
16 transportation planning issues affecting the transportation
17 disadvantaged program. Its membership may include, but need
18 not be limited to, representatives of metropolitan planning
19 organizations and regional planning councils.
20 (c) One technical advisory committee shall provide
21 information, advice, and direction to the commission on
22 business-related issues affecting the transportation
23 disadvantaged program. Its membership may include, but need
24 not be limited to, persons with expertise in insurance,
25 marketing, economic development, or financial planning.
26 (d) The commission may establish the size,
27 composition, and focus of any technical advisory committee it
28 creates. A member appointed to a technical advisory committee
29 shall serve without compensation.
30 (11)(7) The commission is assigned to the office of
31 the secretary of the Department of Transportation for
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1 administrative and fiscal accountability purposes, but it
2 shall otherwise function independently of the control,
3 supervision, and direction of the department.
4 (12)(8) The commission shall develop a budget under
5 pursuant to chapter 216. The budget is not subject to change
6 by the department staff after it has been approved by the
7 commission, but it shall be transmitted to the Governor, as
8 head of the department, along with the budget of the
9 department.
10 Section 2. This act shall take effect July 1, 2005.
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12 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
13 CS/SB 1168
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15 Provides that, of the 7 appointed members from the DOT
districts, two members must be from rural districts.
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