Senate Bill sb1840

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    Florida Senate - 2005                                  SB 1840

    By Senator Constantine





    22-166B-05

  1                      A bill to be entitled

  2         An act relating to the transportation

  3         disadvantaged; amending s. 427.012, F.S.;

  4         revising the composition of the board of the

  5         Commission for the Transportation

  6         Disadvantaged; providing for 15 board members

  7         with nine members appointed by the Governor;

  8         providing for a member to be appointed to a

  9         term of 4 years and limiting the member to two

10         terms; providing criteria for membership on the

11         commission relating to contracts and benefits;

12         providing for filling a vacancy; prohibiting a

13         member from serving more than 2 years as

14         chairperson of the commission; requiring each

15         member to represent the needs of the

16         transportation disadvantaged throughout the

17         state and not subordinate the needs of the

18         transportation disadvantaged in general to

19         favor the needs of others residing in a

20         specific location in the state; authorizing the

21         commission to appoint technical advisory

22         committees; providing for the membership and

23         duties of the technical advisory committees;

24         providing an effective date.

25  

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

27  

28         Section 1.  Section 427.012, Florida Statutes, is

29  amended to read:

30         427.012  The Commission for the Transportation

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

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    Florida Senate - 2005                                  SB 1840
    22-166B-05




 1  Transportation Disadvantaged in the Department of

 2  Transportation.

 3         (1)  The commission shall consist of 15 the following

 4  members:

 5         (a)  The Secretary of the Department of Transportation

 6  or the secretary's designee.

 7         (b)  The Secretary of the Department of Children and

 8  Family Services or the secretary's designee.

 9         (c)  The Commissioner of Education or the

10  commissioner's designee.

11         (d)  The secretary of the Department of Labor and

12  Employment Security or the secretary's designee.

13         (e)  The executive director of the Department of

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

15         (c)(f)  The Secretary of the Department of Elderly

16  Affairs or the secretary's designee.

17         (d)(g)  The Secretary director of the Agency for Health

18  Care Administration or the secretary's director's designee.

19         (e)(h)  A representative of the Florida Association of

20  Coordinated Transportation for Community Action, who shall

21  serve at the pleasure of that association.

22         (f)(i)  A representative of the Florida Public Transit

23  Association, who shall serve at the pleasure of that

24  association.

25         (g)(j)  A person over the age of 60 who uses

26  paratransit services. This is a member of a recognized

27  statewide organization representing elderly Floridians. Such

28  person shall be appointed by the Governor to represent elderly

29  Floridians and shall be appointed to serve a term of 4 years.

30         (h)(k)  A handicapped person who uses paratransit

31  services. This is a member of a recognized statewide

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    Florida Senate - 2005                                  SB 1840
    22-166B-05




 1  organization representing handicapped Floridians. Such person

 2  shall be appointed by the Governor to represent handicapped

 3  Floridians and shall be appointed to serve a term of 4 years.

 4         (i)  Seven members appointed by the Governor. The

 5  Governor shall appoint one member from each of the seven

 6  districts of the Department of Transportation. Each member is

 7  subject to confirmation by the Senate. The appointed member

 8  must be a local elected official.

 9         (l)  Two citizen advocate representatives who shall be

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

11  representing rural citizens and one representing urban

12  citizens.

13         (m)  A representative of the community transportation

14  coordinators. Such person shall be appointed by the Governor

15  to represent all community transportation coordinators and

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

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

18  person shall be appointed by the Governor to represent

19  maternal and child health care providers and shall be

20  appointed to serve a term of 4 years.

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

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

23  which have a minimum of 5 years of continuous experience

24  operating a broad-based system of ambulatory and

25  wheelchair/stretcher type transportation, utilizing not less

26  than 50 vehicles and including dispatch and scheduling

27  responsibilities. Such persons shall be appointed by the

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

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

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

31  which having a minimum of 5 years of continuous experience

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    Florida Senate - 2005                                  SB 1840
    22-166B-05




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

 2  stretcher-type transportation, utilizing not less than 50

 3  vehicles, and including dispatch and scheduling

 4  responsibilities. Such persons shall be appointed by the

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

 6         (q)  Six citizens representing the nontransportation

 7  business community of the state, three members appointed by

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

 9  Speaker of the House of Representatives.

10         (2)  Members appointed to the commission shall be

11  appointed to terms of 4 years each and a member may not serve

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

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

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

15  community transportation coordinator, a contractor or

16  subcontractor of a community transportation coordinator, or a

17  direct or indirect subcontractor to a contractor employed by a

18  community transportation coordinator.

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

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

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

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

23  the Department of Children and Family Services during the term

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

25  termination of the appointment. Each appointed member must

26  undergo a background screening in accordance with the level 2

27  standards for screening set forth in chapter 435.

28         (4)  Vacancies in the membership of the commission

29  shall be filled in the same manner as the original

30  appointment. However, if a vacancy remains unfilled for more

31  than 45 days, the Governor may fill the vacant position.

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    Florida Senate - 2005                                  SB 1840
    22-166B-05




 1         (5)(2)  The chairperson and vice chairperson of the

 2  commission shall be elected annually from the membership of

 3  the commission. A member may not serve more than 2 years as

 4  chairperson of the commission.

 5         (6)(3)  Members of the commission shall serve without

 6  compensation but shall be allowed per diem and travel

 7  expenses, as provided in s. 112.061.

 8         (7)(4)  The commission shall meet at least quarterly,

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

10  members of the commission constitute a quorum, and a majority

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

12  by the commission.

13         (8)(5)  The Governor may remove any member of the

14  commission for cause.

15         (9)(6)  The commission shall appoint an executive

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

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

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

19  be necessary to perform adequately the functions of the

20  commission within budgetary limitations. All employees of the

21  commission are exempt from the Career Service System.

22         (10)  Each member of the commission must represent the

23  needs of the transportation disadvantaged throughout the

24  state. A member may not subordinate the needs of the

25  transportation disadvantaged in general to favor the needs of

26  others residing in a specific location in the state.

27         (11)(7)  The commission is assigned to the office of

28  the secretary of the Department of Transportation for

29  administrative and fiscal accountability purposes, but it

30  shall otherwise function independently of the control,

31  supervision, and direction of the department.

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    Florida Senate - 2005                                  SB 1840
    22-166B-05




 1         (12)(8)  The commission shall develop a budget under

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

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

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

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

 6  department.

 7         (13)  The commission may appoint technical advisory

 8  committees to advise the commission on issues of importance to

 9  the state and to regions of the state. A technical advisory

10  committee shall provide information, advice, and direction to

11  the commission on the coordination of services for the

12  transportation disadvantaged. The commission may establish the

13  size, composition, and focus of each committee created, which

14  shall include, but not be limited to, a committee on private

15  provider transportation operators. A member appointed to a

16  technical advisory committee shall serve without compensation

17  and is not entitled to per diem or travel expenses.

18         Section 2.  This act shall take effect July 1, 2005.

19  

20            *****************************************

21                          SENATE SUMMARY

22    Revises the composition of the board of the Commission
      for the Transportation Disadvantaged. Provides
23    limitations on years of service. Provides criteria for
      membership on the commission relating to contracts and
24    benefits. Provides for the filling of a vacancy. Requires
      each member to represent the needs of the transportation
25    disadvantaged throughout the state and not subordinate
      the needs of the transportation disadvantaged in general
26    to favor the needs of others residing in a specific
      location in the state. Authorizes the commission to
27    appoint technical advisory committees. Provides for
      membership and duties of the technical advisory
28    committees.

29  

30  

31  

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