Senate Bill sb1168e1

    CS for CS for SB 1168                          First Engrossed



  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         requiring the commission to present a formula

19         to the Legislative Budget Commission for

20         allocating the Medicaid nonemergency

21         transportation funds the commission anticipates

22         receiving from the Agency for Health Care

23         Administration; requiring the commission to

24         document the amount of the funding expected to

25         be allocated to each county; prohibiting any

26         reduction in allocation to a county unless the

27         General Appropriations Act reduces the amount

28         allocated to the commission; amending s.

29         427.013, F.S.; requiring the commission to

30         develop a Medicaid allocation methodology to

31         equitably distribute transportation funds under


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    CS for CS for SB 1168                          First Engrossed



 1         the control of the commission to counties,

 2         community transportation coordinators, or other

 3         entities providing transportation disadvantaged

 4         services; providing for the methodology to

 5         develop the formula; providing an effective

 6         date.

 7  

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

 9  

10         Section 1.  Section 427.012, Florida Statutes, is

11  amended to read:

12         427.012  The Commission for the Transportation

13  Disadvantaged.--There is created the Commission for the

14  Transportation Disadvantaged in the Department of

15  Transportation.

16         (1)  The commission shall consist of the following

17  members:

18         (a)  The secretary of the Department of Transportation

19  or the secretary's designee.

20         (b)  The secretary of the Department of Children and

21  Family Services or the secretary's designee.

22         (c)  The Commissioner of Education or the

23  commissioner's designee.

24         (c)(d)  The director of Workforce Innovation or the

25  director's secretary of the Department of Labor and Employment

26  Security or the secretary's designee.

27         (d)(e)  The executive director of the Department of

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

29         (e)(f)  The secretary of the Department of Elderly

30  Affairs or the secretary's designee.

31  


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    CS for CS for SB 1168                          First Engrossed



 1         (f)(g)  The director of the Agency for Health Care

 2  Administration or the director's designee.

 3         (g)  The director of the Agency for Persons with

 4  Disabilities or the director's designee.

 5         (h)  The chair of the commission, who shall be

 6  appointed by the Governor A representative of the Florida

 7  Association for Community Action, who shall serve at the

 8  pleasure of that association.

 9         (i)  Seven members appointed by the Governor for terms

10  of 4 years, who shall be from each of the seven districts of

11  the Department of Transportation. One of the members must be a

12  person over the age of 60 who uses paratransit services and

13  one member must be a person with a disability who uses

14  paratransit services. Two representatives must be from rural

15  districts A representative of the Florida Transit Association,

16  who shall serve at the pleasure of that association.

17         (j)  A person over the age of 60 who is a member of a

18  recognized statewide organization representing elderly

19  Floridians. Such person shall be appointed by the Governor to

20  represent elderly Floridians and shall be appointed to serve a

21  term of 4 years.

22         (k)  A handicapped person who is a member of a

23  recognized statewide organization representing handicapped

24  Floridians. Such person shall be appointed by the Governor to

25  represent handicapped Floridians and shall be appointed to

26  serve a term of 4 years.

27         (l)  Two citizen advocate representatives who shall be

28  appointed by the Governor for a term of 4 years, one

29  representing rural citizens and one representing urban

30  citizens.

31  


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    CS for CS for SB 1168                          First Engrossed



 1         (m)  A representative of the community transportation

 2  coordinators. Such person shall be appointed by the Governor

 3  to represent all community transportation coordinators and

 4  shall be appointed to serve a term of 4 years.

 5         (n)  One member of the Early Childhood Council. Such

 6  person shall be appointed by the Governor to represent

 7  maternal and child health care providers and shall be

 8  appointed to serve a term of 4 years.

 9         (o)  Two representatives of current private for-profit

10  or private not-for-profit transportation operators each of

11  which have a minimum of 5 years of continuous experience

12  operating a broad-based system of ambulatory and

13  wheelchair/stretcher type transportation, utilizing not less

14  than 50 vehicles and including dispatch and scheduling

15  responsibilities. Such persons shall be appointed by the

16  Commissioner of Agriculture to serve a term of 4 years.

17         (p)  Four representatives of current private for-profit

18  or private not-for-profit transportation operators, each of

19  which having a minimum of 5 years of continuous experience

20  operating a broad-based system of ambulatory and wheelchair or

21  stretcher-type transportation, utilizing not less than 50

22  vehicles, and including dispatch and scheduling

23  responsibilities. Such persons shall be appointed by the

24  Commissioner of Agriculture to serve a term of 4 years.

25         (q)  Six citizens representing the nontransportation

26  business community of the state, three members appointed by

27  the President of the Senate and three members appointed by the

28  Speaker of the House of Representatives.

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30  Each member of the commission shall represent the needs of the

31  transportation disadvantaged throughout the state. A member


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    CS for CS for SB 1168                          First Engrossed



 1  may not subordinate the needs of the transportation

 2  disadvantaged in general to favor the needs of others residing

 3  in a specific location in the state.

 4         (2)  Members appointed to the commission may not serve

 5  more than two full terms. A member must be a citizen of the

 6  state and a registered voter. A member, other than a local

 7  elected official, may not be an employee or agent of a

 8  community transportation coordinator, a contractor or

 9  subcontractor of a community transportation coordinator, or a

10  direct or indirect subcontractor to a contractor employed by a

11  community transportation coordinator.

12         (3)  A member, other than a local elected official, may

13  not have any interest, direct or indirect, in any contract,

14  franchise, privilege, or other benefit granted or awarded by

15  the commission, the Agency for Health Care Administration, or

16  the Department of Children and Family Services during the term

17  of his or her appointment and for 2 years after the

18  termination of the appointment.

19         (4)(2)  The chairperson shall be appointed by the

20  Governor and vice chairperson of the commission shall be

21  elected annually from the membership of the commission.

22         (5)(3)  Members of the commission shall serve without

23  compensation but shall be allowed per diem and travel

24  expenses, as provided in s. 112.061.

25         (6)(4)  The commission shall meet at least quarterly,

26  or more frequently at the call of the chairperson. Nine

27  members of the commission constitute a quorum, and A majority

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

29  by the commission.

30         (7)  Each candidate for appointment to the commission

31  must, before accepting the appointment, undergo background


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    CS for CS for SB 1168                          First Engrossed



 1  screening under s. 435.04, by filing with the Department of

 2  Transportation a complete set of fingerprints taken by an

 3  authorized law enforcement agency. The fingerprints must be

 4  submitted to the Department of Law Enforcement for state

 5  processing, and that department shall submit the fingerprints

 6  to the Federal Bureau of Investigation for federal processing.

 7  The Department of Transportation shall screen the background

 8  results and inform the commission if any candidate failed to

 9  meet level 2 screening standards. A candidate found to have

10  failed to meet level 2 screening standards may not be

11  appointed to the commission. The cost of the background

12  screening may be borne by the Department of Transportation or

13  the candidate for appointment to the commission.

14         (8)(5)  The Governor may remove any member of the

15  commission for cause.

16         (9)(6)  The commission shall appoint an executive

17  director who shall serve under the direction, supervision, and

18  control of the commission. The executive director, with the

19  consent of the commission, shall employ such personnel as may

20  be necessary to perform adequately the functions of the

21  commission within budgetary limitations. All employees of the

22  commission are exempt from the Career Service System.

23         (10)  The commission shall appoint at least three

24  technical advisory committees to advise the commission on

25  issues of importance to the state and to regions of the state.

26         (a)  One technical advisory committee shall provide

27  information, advice, and direction to the commission on the

28  coordination of services for the transportation disadvantaged.

29  Its membership may include, but need not be limited to,

30  representatives of community transportation coordinators and

31  private paratransit providers.


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    CS for CS for SB 1168                          First Engrossed



 1         (b)  One technical advisory committee shall provide

 2  information, advice, and direction to the commission on the

 3  transportation planning issues affecting the transportation

 4  disadvantaged program. Its membership may include, but need

 5  not be limited to, representatives of metropolitan planning

 6  organizations and regional planning councils.

 7         (c)  One technical advisory committee shall provide

 8  information, advice, and direction to the commission on

 9  business-related issues affecting the transportation

10  disadvantaged program. Its membership may include, but need

11  not be limited to, persons with expertise in insurance,

12  marketing, economic development, or financial planning.

13         (d)  The commission may establish the size,

14  composition, and focus of any technical advisory committee it

15  creates. A member appointed to a technical advisory committee

16  shall serve without compensation.

17         (11)(7)  The commission is assigned to the office of

18  the secretary of the Department of Transportation for

19  administrative and fiscal accountability purposes, but it

20  shall otherwise function independently of the control,

21  supervision, and direction of the department.

22         (12)(8)  The commission shall develop a budget under

23  pursuant to chapter 216. The budget is not subject to change

24  by the department staff after it has been approved by the

25  commission, but it shall be transmitted to the Governor, as

26  head of the department, along with the budget of the

27  department. Thirty days after the release of the Governor's

28  Executive Budget Recommendations, the commission shall present

29  to the Legislative Budget Commission for approval the formula

30  for allocating the Medicaid nonemergency transportation funds

31  it anticipates receiving from the Agency for Health Care


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    CS for CS for SB 1168                          First Engrossed



 1  Administration, as specified in the Governor's Executive

 2  Budget Recommendations, for the upcoming fiscal year. The

 3  formula must document the amount of the funding expected to be

 4  allocated to each county. No change that would negatively

 5  affect any county may be implemented by the commission unless

 6  the General Appropriations Act approved by the Legislature

 7  reduces the amount allocated to the commission. Any reduction

 8  made to a county as a result of the Legislature's reducing the

 9  funding available to the commission must be made in a fair and

10  equitable manner.

11         Section 2.  Subsection (12) of section 427.013, Florida

12  Statutes, is amended to read:

13         427.013  The Commission for the Transportation

14  Disadvantaged; purpose and responsibilities.--The purpose of

15  the commission is to accomplish the coordination of

16  transportation services provided to the transportation

17  disadvantaged. The goal of this coordination shall be to

18  assure the cost-effective provision of transportation by

19  qualified community transportation coordinators or

20  transportation operators for the transportation disadvantaged

21  without any bias or presumption in favor of multioperator

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

23  operator systems or for-profit transportation operators. In

24  carrying out this purpose, the commission shall:

25         (12)(a)  Have the authority to apply for and accept

26  funds, grants, gifts, and services from the Federal

27  Government, state government, local governments, or private

28  funding sources. Applications by the commission for local

29  government funds shall be coordinated through the appropriate

30  coordinating board. Funds acquired or accepted under this

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    CS for CS for SB 1168                          First Engrossed



 1  subsection shall be administered by the commission and shall

 2  be used to carry out the commission's responsibilities.

 3         (b)  Develop a Medicaid allocation methodology or

 4  formula that equitably distributes the funds under the control

 5  of the commission to compensate counties, community

 6  transportation coordinators, or other entities providing

 7  transportation disadvantaged services. The formula shall take

 8  into account not only the actual costs of each trip but also

 9  program efficiencies. The methodology or formula must ensure

10  that a trip credit process is incorporated into the formula to

11  ensure that cost-effective solutions are properly measured and

12  taken into account.

13         Section 3.  This act shall take effect July 1, 2005.

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