HB 1475

CS

CHAMBER ACTION

1	The State Infrastructure Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the Commission for the Transportation
7	Disadvantaged; amending s. 427.012, F.S.; revising the
8	membership and organization of the commission;
9	establishing term limits; directing each member of the
10	commission to serve without regional bias; providing
11	qualifications for membership on the commission; requiring
12	candidates for appointment to the commission to meet
13	certain standards for background screening; requiring the
14	Department of Transportation to inform the commission if a
15	candidate fails to meet the screening standards; providing
16	that costs of screening be borne by the department or the
17	candidate for appointment; directing the commission to
18	appoint technical advisory committees; directing the
19	commission to present to the Legislative Budget Commission
20	for its approval the formula for allocation of the
21	Medicaid nonemergency transportation funds; specifying
22	circumstances when the commission may reduce such funding
23	to the counties; amending s. 427.013, F.S; directing the
24	commission to develop a Medicaid allocation formula or
25	methodology based on specific criteria, including trip
26	credits; providing an effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Section 427.012, Florida Statutes, is amended
31	to read:
32	427.012  The Commission for the Transportation
33	Disadvantaged.--There is created the Commission for the
34	Transportation Disadvantaged in the Department of
35	Transportation.
36	(1)  The commission shall consist of the following members:
37	(a)  The secretary of the Department of Transportation or
38	the secretary's designee.
39	(b)  The secretary of the Department of Children and Family
40	Services or the secretary's designee.
41	(c)  The Commissioner of Education or the commissioner's
42	designee.
43	(c)(d)  The director of Workforce Innovation or the
44	director's secretary of the Department of Labor and Employment
45	Security or the secretary's designee.
46	(d)(e)  The executive director of the Department of
47	Veterans' Affairs or the executive director's designee.
48	(e)(f)  The secretary of the Department of Elderly Affairs
49	or the secretary's designee.
50	(f)(g)  The director of the Agency for Health Care
51	Administration or the director's designee.
52	(g)  The director of the Agency for Persons with
53	Disabilities or the director's designee.
54	(h)  The chair of the commission, who shall be appointed by
55	the Governor A representative of the Florida Association for
56	Community Action, who shall serve at the pleasure of that
57	association.
58	(i)  Seven members appointed by the Governor for terms of 4
59	years each, who shall be from each of the seven districts of the
60	Department of Transportation. One of the members must be a
61	person over the age of 60 who uses paratransit services and one
62	member must be a person with a disability who uses paratransit
63	services. Two representatives must be from rural communities as
64	defined in s. 288.0656(2)(b) A representative of the Florida
65	Transit Association, who shall serve at the pleasure of that
66	association.
67	(j)  A person over the age of 60 who is a member of a
68	recognized statewide organization representing elderly
69	Floridians. Such person shall be appointed by the Governor to
70	represent elderly Floridians and shall be appointed to serve a
71	term of 4 years.
72	(k)  A handicapped person who is a member of a recognized
73	statewide organization representing handicapped Floridians. Such
74	person shall be appointed by the Governor to represent
75	handicapped Floridians and shall be appointed to serve a term of
76	4 years.
77	(l)  Two citizen advocate representatives who shall be
78	appointed by the Governor for a term of 4 years, one
79	representing rural citizens and one representing urban citizens.
80	(m)  A representative of the community transportation
81	coordinators. Such person shall be appointed by the Governor to
82	represent all community transportation coordinators and shall be
83	appointed to serve a term of 4 years.
84	(n)  One member of the Early Childhood Council. Such person
85	shall be appointed by the Governor to represent maternal and
86	child health care providers and shall be appointed to serve a
87	term of 4 years.
88	(o)  Two representatives of current private for-profit or
89	private not-for-profit transportation operators each of which
90	have a minimum of 5 years of continuous experience operating a
91	broad-based system of ambulatory and wheelchair/stretcher type
92	transportation, utilizing not less than 50 vehicles and
93	including dispatch and scheduling responsibilities. Such persons
94	shall be appointed by the Commissioner of Agriculture to serve a
95	term of 4 years.
96	(p)  Four representatives of current private for-profit or
97	private not-for-profit transportation operators, each of which
98	having a minimum of 5 years of continuous experience operating a
99	broad-based system of ambulatory and wheelchair or stretcher-
100	type transportation, utilizing not less than 50 vehicles, and
101	including dispatch and scheduling responsibilities. Such persons
102	shall be appointed by the Commissioner of Agriculture to serve a
103	term of 4 years.
104	(q)  Six citizens representing the nontransportation
105	business community of the state, three members appointed by the
106	President of the Senate and three members appointed by the
107	Speaker of the House of Representatives.
108
109	Each member of the commission shall represent the needs of the
110	transportation disadvantaged throughout the state. A member may
111	not subordinate the needs of the transportation disadvantaged in
112	general to favor the needs of others residing in a specific
113	location in the state.
114	(2)  Members appointed to the commission may not serve more
115	than two full terms. A member must be a citizen of the state and
116	a registered voter. A member, other than a local elected
117	official, may not be an employee or agent of a community
118	transportation coordinator, a contractor or subcontractor of a
119	community transportation coordinator, or a direct or indirect
120	subcontractor to a contractor employed by a community
121	transportation coordinator.
122	(3)  A member, other than a local elected official, may not
123	have any interest, direct or indirect, in any contract,
124	franchise, privilege, or other benefit granted or awarded by the
125	commission, the Agency for Health Care Administration, or the
126	Department of Children and Family Services during the term of
127	his or her appointment and for 2 years after the termination of
128	the appointment.
129	(4)(2)  The chairperson shall be appointed by the Governor
130	and vice chairperson of the commission shall be elected annually
131	from the membership of the commission.
132	(5)(3)  Members of the commission shall serve without
133	compensation but shall be allowed per diem and travel expenses,
134	as provided in s. 112.061.
135	(6)(4)  The commission shall meet at least quarterly, or
136	more frequently at the call of the chairperson. Nine members of
137	the commission constitute a quorum, and A majority vote of the
138	members present is necessary for any action taken by the
139	commission.
140	(7)  Each candidate for appointment to the commission must,
141	before accepting the appointment, undergo background screening
142	under s. 435.04 by filing with the Department of Transportation
143	a complete set of fingerprints taken by an authorized law
144	enforcement agency. The fingerprints must be submitted to the
145	Department of Law Enforcement for state processing, and that
146	department shall submit the fingerprints to the Federal Bureau
147	of Investigation for federal processing. The Department of
148	Transportation shall screen the background results and inform
149	the commission if any candidate failed to meet level 2 screening
150	standards. A candidate found to have failed to meet level 2
151	screening standards may not be appointed to the commission. The
152	cost of the background screening may be borne by the Department
153	of Transportation or the candidate for appointment to the
154	commission.
155	(8)(5)  The Governor may remove any member of the
156	commission for cause.
157	(9)(6)  The commission shall appoint an executive director
158	who shall serve under the direction, supervision, and control of
159	the commission. The executive director, with the consent of the
160	commission, shall employ such personnel as may be necessary to
161	perform adequately the functions of the commission within
162	budgetary limitations. All employees of the commission are
163	exempt from the Career Service System.
164	(10)  The commission shall appoint at least three technical
165	advisory committees to advise the commission on issues of
166	importance to the state and to regions of the state.
167	(a)  One technical advisory committee shall provide
168	information, advice, and direction to the commission on the
169	coordination of services for the transportation disadvantaged.
170	Its membership may include, but need not be limited to,
171	representatives of community transportation coordinators and
172	private paratransit providers.
173	(b)  One technical advisory committee shall provide
174	information, advice, and direction to the commission on the
175	transportation planning issues affecting the transportation
176	disadvantaged program. Its membership may include, but need not
177	be limited to, representatives of metropolitan planning
178	organizations and regional planning councils.
179	(c)  One technical advisory committee shall provide
180	information, advice, and direction to the commission on
181	business-related issues affecting the transportation
182	disadvantaged program. Its membership may include, but need not
183	be limited to, persons with expertise in insurance, marketing,
184	economic development, or financial planning.
185	(d)  The commission may establish the size, composition,
186	and focus of any technical advisory committee it creates. A
187	member appointed to a technical advisory committee shall serve
188	without compensation.
189	(11)(7)  The commission is assigned to the office of the
190	secretary of the Department of Transportation for administrative
191	and fiscal accountability purposes, but it shall otherwise
192	function independently of the control, supervision, and
193	direction of the department.
194	(12)(a)(8)  The commission shall develop a budget under
195	pursuant to chapter 216. The budget is not subject to change by
196	the department staff after it has been approved by the
197	commission, but it shall be transmitted to the Governor, as head
198	of the department, along with the budget of the department.
199	(b)  Thirty days after the release of the Governor's
200	Executive Budget Recommendations, the commission shall present
201	to the Legislative Budget Commission for approval the formula
202	for allocation of the Medicaid nonemergency transportation funds
203	it anticipates receiving from the Agency for Health Care
204	Administration, as specified in the Governor's Executive Budget
205	Recommendations, for the upcoming fiscal year and shall document
206	the amount of the funding expected to be allocated to the
207	counties. No changes that would negatively affect any county
208	shall be implemented by the commission unless the general
209	appropriations act approved by the Legislature reduces the
210	amount allocated to the commission. Any reductions made to the
211	counties as a result of the Legislature reducing the funding
212	available to the commission must be made in a fair and equitable
213	manner.
214	Section 2.  Subsection (12) of section 427.013, Florida
215	Statutes, is amended to read:
216	427.013  The Commission for the Transportation
217	Disadvantaged; purpose and responsibilities.--The purpose of the
218	commission is to accomplish the coordination of transportation
219	services provided to the transportation disadvantaged. The goal
220	of this coordination shall be to assure the cost-effective
221	provision of transportation by qualified community
222	transportation coordinators or transportation operators for the
223	transportation disadvantaged without any bias or presumption in
224	favor of multioperator systems or not-for-profit transportation
225	operators over single operator systems or for-profit
226	transportation operators. In carrying out this purpose, the
227	commission shall:
228	(12)(a) Have the authority to apply for and accept funds,
229	grants, gifts, and services from the Federal Government, state
230	government, local governments, or private funding sources.
231	Applications by the commission for local government funds shall
232	be coordinated through the appropriate coordinating board. Funds
233	acquired or accepted under this subsection shall be administered
234	by the commission and shall be used to carry out the
235	commission's responsibilities.
236	(b)  Develop a Medicaid allocation methodology or formula
237	that equitably distributes the funds under the commission's
238	control to compensate counties, community transportation
239	coordinators, or other entities providing transportation
240	disadvantaged services. Such a formula shall take into account
241	not only actual costs per trip but also program efficiencies.
242	The methodology or formula shall ensure a trip credit process is
243	incorporated into the formula to ensure cost-effective solutions
244	are properly measured and taken into account.
245	Section 3.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.