Senate Bill sb0634

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    Florida Senate - 2006                                   SB 634

    By Senator Constantine





    22-167A-06

  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         providing for nonvoting advisory members;

10         requiring candidates for appointment to the

11         commission to meet certain standards for

12         background screening; requiring the Department

13         of Transportation to inform the commission if a

14         candidate fails to meet the screening

15         standards; providing that costs of screening be

16         borne by the department or the candidate for

17         appointment; authorizing the commission to

18         appoint technical advisory committees; amending

19         s. 427.013, F.S.; requiring the commission to

20         develop an allocation methodology to equitably

21         distribute transportation funds under the

22         control of the commission to counties,

23         community transportation coordinators, or other

24         entities providing services to the

25         transportation disadvantaged; providing an

26         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

31  amended to read:

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    Florida Senate - 2006                                   SB 634
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 1         427.012  The Commission for the Transportation

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

 3  Transportation Disadvantaged in the Department of

 4  Transportation.

 5         (1)  The commission shall consist of seven members, all

 6  of whom shall be appointed by the Governor.

 7         (a)  Five of the members must have significant

 8  experience in the operation of a business and it is the intent

 9  of the Legislature that, when making an appointment, the

10  Governor select persons who reflect the broad diversity of the

11  business community in this state, as well as the racial,

12  ethnic, geographical, and gender diversity of the population

13  of this state.

14         (b)  Two of the members must have a disability and use

15  the transportation disadvantaged system.

16         (c)  Each member shall represent the needs of the

17  transportation disadvantaged throughout the state. A member

18  may not subordinate the needs of the transportation

19  disadvantaged in general in order to favor the needs of others

20  residing in a specific location in the state.

21         (d)  Each member shall be appointed to a term of 4

22  years. A member may be reappointed for one additional 4-year

23  term.

24         (e)  A member must be a resident of the state and a

25  registered voter.

26         (f)  The Secretary of Transportation, the Secretary of

27  Children and Family Services, the director of Workforce

28  Innovation, the executive director of the Department of

29  Veterans' Affairs, the Secretary of Elderly Affairs, the

30  Secretary of Health Care Administration, the director of the

31  Agency for Persons with Disabilities, and an elected local

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    Florida Senate - 2006                                   SB 634
    22-167A-06




 1  government official who is appointed by the Governor, or a

 2  designee of each, shall serve as ex officio, nonvoting

 3  advisors to the commission.

 4         (g)  A member may not, within the 5 years immediately

 5  before his or her appointment, or during his or her term on

 6  the commission, have or have had a financial relationship

 7  with, or represent or have represented as a lobbyist as

 8  defined in s. 11.045, the following:

 9         1.  A transportation operator;

10         2.  A community transportation coordinator;

11         3.  A metropolitan planning organization;

12         4.  A designated official planning agency;

13         5.  A purchaser agency;

14         6.  A local coordinating board;

15         7.  A broker of transportation; or

16         8.  A provider of transportation services. the

17  following members: the following 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         (d)  The director of the Agency for Workforce

25  Innovation or the director's designee.

26         (e)  The executive director of the Department of

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

28         (f)  The secretary of the Department of Elderly Affairs

29  or the secretary's designee.

30         (g)  The director of the Agency for Health Care

31  Administration or the director's designee.

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    Florida Senate - 2006                                   SB 634
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 1         (h)  A representative of the Florida Association for

 2  Community Action, who shall serve at the pleasure of that

 3  association.

 4         (i)  A representative of the Florida Transit

 5  Association, who shall serve at the pleasure of that

 6  association.

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

 8  recognized statewide organization representing elderly

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

10  represent elderly Floridians and shall be appointed to serve a

11  term of 4 years.

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

13  recognized statewide organization representing handicapped

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

15  represent handicapped Floridians and shall be appointed to

16  serve a term of 4 years.

17         (l)  Two citizen advocate representatives who shall be

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

19  representing rural citizens and one representing urban

20  citizens.

21         (m)  A representative of the community transportation

22  coordinators. Such person shall be appointed by the Governor

23  to represent all community transportation coordinators and

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

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

26  person shall be appointed by the Governor to represent

27  maternal and child health care providers and shall be

28  appointed to serve a term of 4 years.

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

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

31  which have a minimum of 5 years of continuous experience

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 1  operating a broad-based system of ambulatory and

 2  wheelchair/stretcher type transportation, utilizing not less

 3  than 50 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         (p)  Four representatives of current private for-profit

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

 8  which having a minimum of 5 years of continuous experience

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

10  stretcher-type transportation, utilizing not less than 50

11  vehicles, and including dispatch and scheduling

12  responsibilities. Such persons shall be appointed by the

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

14         (q)  Six citizens representing the nontransportation

15  business community of the state, three members appointed by

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

17  Speaker of the House of Representatives.

18         (2)  The chairperson shall be appointed by the Governor

19  and the vice chairperson of the commission shall be elected

20  annually from the membership of the commission.

21         (3)  Members of the commission shall serve without

22  compensation but shall be allowed per diem and travel

23  expenses, as provided in s. 112.061.

24         (4)  The commission shall meet at least quarterly, or

25  more frequently at the call of the chairperson. Five Nine

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

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

28  by the commission.

29         (5)  The Governor may remove any member of the

30  commission for cause.

31  

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 1         (6)  Each candidate for appointment to the commission

 2  must, before accepting the appointment, undergo background

 3  screening under s. 435.04 by filing with the Department of

 4  Transportation a complete set of fingerprints taken by an

 5  authorized law enforcement agency. The fingerprints must be

 6  submitted to the Department of Law Enforcement for state

 7  processing, and that department shall submit the fingerprints

 8  to the Federal Bureau of Investigation for federal processing.

 9  The Department of Transportation shall screen the background

10  results and inform the commission of any candidate who does

11  not meet level 2 screening standards. A candidate who has not

12  meet level 2 screening standards may not be appointed to the

13  commission. The cost of the background screening may be borne

14  by the Department of Transportation or the candidate.

15         (7)(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         (8)  The commission shall appoint a technical advisory

23  committee that includes representatives of private paratransit

24  providers. The committee shall advise the commission on issues

25  of importance to the state, including information, advice, and

26  direction regarding the coordination of services for the

27  transportation disadvantaged. The commission may appoint other

28  technical advisory committees whose members may include

29  representatives of community transportation coordinators;

30  metropolitan planning organizations; regional planning

31  councils; experts in insurance, marketing, economic

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    Florida Senate - 2006                                   SB 634
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 1  development, or financial planning; and persons who use

 2  transportation for the transportation disadvantaged, or their

 3  relatives, parents, guardians, or service professionals who

 4  tend to their needs.

 5         (9)(7)  The commission is assigned to the office of the

 6  secretary of the Department of Transportation for

 7  administrative and fiscal accountability purposes, but it

 8  shall otherwise function independently of the control,

 9  supervision, and direction of the department.

10         (10)(8)  The commission shall develop a budget pursuant

11  to chapter 216. The budget is not subject to change by the

12  department staff after it has been approved by the commission,

13  but it shall be transmitted to the Governor, as head of the

14  department, along with the budget of the department.

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

16  Statutes, is amended to read:

17         427.013  The Commission for the Transportation

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

19  the commission is to accomplish the coordination of

20  transportation services provided to the transportation

21  disadvantaged. The goal of this coordination shall be to

22  assure the cost-effective provision of transportation by

23  qualified community transportation coordinators or

24  transportation operators for the transportation disadvantaged

25  without any bias or presumption in favor of multioperator

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

27  operator systems or for-profit transportation operators. In

28  carrying out this purpose, the commission shall:

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

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

31  Government, state government, local governments, or private

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 1  funding sources. Applications by the commission for local

 2  government funds shall be coordinated through the appropriate

 3  coordinating board. Funds acquired or accepted under this

 4  subsection shall be administered by the commission and shall

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

 6         (b)  Develop an allocation methodology or formula that

 7  equitably distributes all funds, including Medicaid

 8  nonemergency transportation funds, under the control of the

 9  commission to compensate counties, community transportation

10  coordinators, or other entities providing transportation

11  disadvantaged services. The formula shall consider not only

12  the actual costs of each trip provided for the transportation

13  disadvantaged but also efficiencies that a provider might

14  adopt to reduce costs, including cost efficiencies of trips

15  when comparing like services to the local cost of private

16  paratransit providers.

17         Section 3.  This act shall take effect July 1, 2006.

18  

19            *****************************************

20                          SENATE SUMMARY

21    Revises provisions relating to the Commission for the
      Transportation Disadvantaged. Revises the membership and
22    terms of the members of the commission. Provides member
      qualifications. Provides for advisory members. Provides
23    for the payment of screening costs. Authorizes the
      creation of advisory committees. Provides for an
24    allocation methodology to distribute funds. (See bill for
      details.)
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