| 1 | A bill to be entitled |
| 2 | An act relating to the Commission for the Transportation |
| 3 | Disadvantaged; amending s. 427.012, F.S.; revising the |
| 4 | membership of the commission within the Department of |
| 5 | Transportation; revising the number of members of the |
| 6 | commission needed to constitute a quorum; requiring that |
| 7 | candidates for appointment to the commission meet certain |
| 8 | requirements for background screening; requiring that the |
| 9 | Department of Transportation report to the commission any |
| 10 | candidate who fails to meet the screening standards; |
| 11 | requiring that the costs of screening be borne by the |
| 12 | department or the candidate for appointment; providing for |
| 13 | the commission to appointment technical advisory |
| 14 | committees; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Subsections (1) and (4) of section 427.012, |
| 19 | Florida Statutes, are amended, present subsections (5), (6), |
| 20 | (7), and (8) of that section are redesignated as subsections |
| 21 | (6), (7), (9), and (10), respectively, and new subsections (5) |
| 22 | and (8) are added to that section, to read: |
| 23 | 427.012 The Commission for the Transportation |
| 24 | Disadvantaged.--There is created the Commission for the |
| 25 | Transportation Disadvantaged in the Department of |
| 26 | Transportation. |
| 27 | (1) The commission shall consist of the following members: |
| 28 | (a) The Secretary of the Department of Transportation or |
| 29 | the secretary's designee. |
| 30 | (b) The Secretary of the Department of Children and Family |
| 31 | Services or the secretary's designee. |
| 32 | (c) The Commissioner of Education or the commissioner's |
| 33 | designee. |
| 34 | (d) The director of Workforce Innovation or the director's |
| 35 | designee. The secretary of the Department of Labor and |
| 36 | Employment Security or the secretary's designee. |
| 37 | (e) The executive director of the Department of Veterans' |
| 38 | Affairs or the executive director's designee. |
| 39 | (e)(f) The Secretary of the Department of Elderly Affairs |
| 40 | or the secretary's designee. |
| 41 | (f)(g) The Secretary director of the Agency for Health |
| 42 | Care Administration or the secretary's director's designee. |
| 43 | (g)(h) A representative of the Florida Association of |
| 44 | Coordinated Transportation for Community Action, who shall serve |
| 45 | at the pleasure of that association. |
| 46 | (h)(i) A representative of the Florida Public |
| 47 | Transportation Transit Association, who shall serve at the |
| 48 | pleasure of that association. |
| 49 | (i)(j) A person over the age of 60 who uses paratransit |
| 50 | services. This is a member of a recognized statewide |
| 51 | organization representing elderly Floridians. Such person shall |
| 52 | be appointed by the Governor to represent elderly Floridians and |
| 53 | shall be appointed to serve a term of 4 years. |
| 54 | (j)(k) A handicapped person with a disability who uses |
| 55 | paratransit services. This is a member of a recognized statewide |
| 56 | organization representing handicapped Floridians. Such person |
| 57 | shall be appointed by the Governor to represent disabled |
| 58 | handicapped Floridians and shall be appointed to serve a term of |
| 59 | 4 years. |
| 60 | (k) One representative of a metropolitan planning |
| 61 | organization who shall be appointed by the President of the |
| 62 | Senate to a term of 4 years. |
| 63 | (l) One representative of a designated official planning |
| 64 | organization who shall be appointed by the Speaker of the House |
| 65 | of Representatives to a term of 4 years. |
| 66 | (m) Seven members appointed for terms of 4 years each who |
| 67 | shall be from each of the seven districts of the Department of |
| 68 | Transportation. The Governor shall appoint four of the seven |
| 69 | members who shall be from urban department districts and the |
| 70 | Commissioner of Agriculture shall appoint three of the seven |
| 71 | members who shall be from rural department districts. Each |
| 72 | member is subject to confirmation by the Senate. |
| 73 | (l) Two citizen advocate representatives who shall be |
| 74 | appointed by the Governor for a term of 4 years, one |
| 75 | representing rural citizens and one representing urban citizens. |
| 76 | (m) A representative of the community transportation |
| 77 | coordinators. Such person shall be appointed by the Governor to |
| 78 | represent all community transportation coordinators and shall be |
| 79 | appointed to serve a term of 4 years. |
| 80 | (n) One member of the Early Childhood Council. Such person |
| 81 | shall be appointed by the Governor to represent maternal and |
| 82 | child health care providers and shall be appointed to serve a |
| 83 | term of 4 years. |
| 84 | (o) Two representatives of current private for-profit or |
| 85 | private not-for-profit transportation operators each of which |
| 86 | have a minimum of 5 years of continuous experience operating a |
| 87 | broad-based system of ambulatory and wheelchair/stretcher type |
| 88 | transportation, utilizing not less than 50 vehicles and |
| 89 | including dispatch and scheduling responsibilities. Such persons |
| 90 | shall be appointed by the Commissioner of Agriculture to serve a |
| 91 | term of 4 years. |
| 92 | (p) Four representatives of current private for-profit or |
| 93 | private not-for-profit transportation operators, each of which |
| 94 | having a minimum of 5 years of continuous experience operating a |
| 95 | broad-based system of ambulatory and wheelchair or stretcher- |
| 96 | type transportation, utilizing not less than 50 vehicles, and |
| 97 | including dispatch and scheduling responsibilities. Such persons |
| 98 | shall be appointed by the Commissioner of Agriculture to serve a |
| 99 | term of 4 years. |
| 100 | (q) Six citizens representing the nontransportation |
| 101 | business community of the state, three members appointed by the |
| 102 | President of the Senate and three members appointed by the |
| 103 | Speaker of the House of Representatives. |
| 104 | (4) The commission shall meet at least quarterly, or more |
| 105 | frequently at the call of the chairperson. Seven Nine members of |
| 106 | the commission constitute a quorum, and a majority vote of the |
| 107 | members present is necessary for any action taken by the |
| 108 | commission. |
| 109 | (5) Each candidate for appointment to the commission |
| 110 | shall, before accepting the appointment, undergo background |
| 111 | screening pursuant to s. 435.04 by filing with the Department of |
| 112 | Transportation a complete set of fingerprints taken by an |
| 113 | authorized law enforcement agency. These fingerprints shall be |
| 114 | submitted to the Department of Law Enforcement for state |
| 115 | processing, and that department shall in turn submit the |
| 116 | fingerprints to the Federal Bureau of Investigation for federal |
| 117 | processing. The Department of Transportation shall screen the |
| 118 | background results and report to the commission any candidate |
| 119 | who fails to meet level 2 screening standards pursuant to s. |
| 120 | 435.04. Any candidate found through fingerprint processing to |
| 121 | have failed to meet level 2 screening standards pursuant to s. |
| 122 | 435.04 may not be appointed as a member of the commission. The |
| 123 | cost of the background screening may be borne by the Department |
| 124 | of Transportation or the candidate for appointment to the |
| 125 | commission. |
| 126 | (8) The commission may appoint technical advisory |
| 127 | committees to advise the commission on issues of importance to |
| 128 | the state and to regions of the state. A technical advisory |
| 129 | committee shall provide information, advice, and direction to |
| 130 | the commission on the coordination of services for the |
| 131 | transportation disadvantaged. The commission may establish the |
| 132 | size, composition, and focus of each committee created. A member |
| 133 | appointed to a technical advisory committee shall serve without |
| 134 | compensation and is not entitled to per diem or travel expenses. |
| 135 | Section 2. This act shall take effect July 1, 2005. |