Senate Bill sb0634c1

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    Florida Senate - 2006                            CS for SB 634

    By the Committee on Governmental Oversight and Productivity;
    and Senator Constantine




    585-1741-06

  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                            CS for SB 634
    585-1741-06




 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 in accordance with

 7  the requirements of s. 20.052.

 8         (a)  Five of the members must have significant

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

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

11  Governor select persons who reflect the broad diversity of the

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

13  ethnic, geographical, and gender diversity of the population

14  of this state.

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

16  the transportation disadvantaged system.

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

18  transportation disadvantaged throughout the state. A member

19  may not subordinate the needs of the transportation

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

21  residing in a specific location in the state.

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

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

24  term.

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

26  registered voter.

27         (f)  At any given time, at least one member must be at

28  least 65 years of age.

29         (g)  The Secretary of Transportation, the Secretary of

30  Children and Family Services, the director of Workforce

31  Innovation, the executive director of the Department of

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    Florida Senate - 2006                            CS for SB 634
    585-1741-06




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

 2  Secretary of Health Care Administration, the director of the

 3  Agency for Persons with Disabilities, and an elected local

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

 5  service-management-level representative of each, shall serve

 6  as ex officio, nonvoting advisors to the commission.

 7         (h)  A member may not, within the 5 years immediately

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

 9  the commission, have or have had a financial relationship

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

11  defined in s. 11.045, the following:

12         1.  A transportation operator;

13         2.  A community transportation coordinator;

14         3.  A metropolitan planning organization;

15         4.  A designated official planning agency;

16         5.  A purchaser agency;

17         6.  A local coordinating board;

18         7.  A broker of transportation; or

19         8.  A provider of transportation services. the

20  following members:

21         (a)  The secretary of the Department of Transportation

22  or the secretary's designee.

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

24  Family Services or the secretary's designee.

25         (c)  The Commissioner of Education or the

26  commissioner's designee.

27         (d)  The director of the Agency for Workforce

28  Innovation or the director's designee.

29         (e)  The executive director of the Department of

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

31  

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    Florida Senate - 2006                            CS for SB 634
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 1         (f)  The secretary of the Department of Elderly Affairs

 2  or the secretary's designee.

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

 4  Administration or the director's designee.

 5         (h)  A representative of the Florida Association for

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

 7  association.

 8         (i)  A representative of the Florida Transit

 9  Association, who shall serve at the pleasure of that

10  association.

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

12  recognized statewide organization representing elderly

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

14  represent elderly Floridians and shall be appointed to serve a

15  term of 4 years.

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

17  recognized statewide organization representing handicapped

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

19  represent handicapped Floridians and shall be appointed to

20  serve a term of 4 years.

21         (l)  Two citizen advocate representatives who shall be

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

23  representing rural citizens and one representing urban

24  citizens.

25         (m)  A representative of the community transportation

26  coordinators. Such person shall be appointed by the Governor

27  to represent all community transportation coordinators and

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

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

30  person shall be appointed by the Governor to represent

31  

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    Florida Senate - 2006                            CS for SB 634
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 1  maternal and child health care providers and shall be

 2  appointed to serve a term of 4 years.

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

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

 5  which have a minimum of 5 years of continuous experience

 6  operating a broad-based system of ambulatory and

 7  wheelchair/stretcher type transportation, utilizing not less

 8  than 50 vehicles and including dispatch and scheduling

 9  responsibilities. Such persons shall be appointed by the

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

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

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

13  which having a minimum of 5 years of continuous experience

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

15  stretcher-type transportation, utilizing not less than 50

16  vehicles, and including dispatch and scheduling

17  responsibilities. Such persons shall be appointed by the

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

19         (q)  Six citizens representing the nontransportation

20  business community of the state, three members appointed by

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

22  Speaker of the House of Representatives.

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

24  and the vice chairperson of the commission shall be elected

25  annually from the membership of the commission.

26         (3)  Members of the commission shall serve without

27  compensation but shall be allowed per diem and travel

28  expenses, as provided in s. 112.061.

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

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

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

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    Florida Senate - 2006                            CS for SB 634
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 1  vote of the members present is necessary for any action taken

 2  by the commission.

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

 4  commission for cause.

 5         (6)  Each candidate for appointment to the commission

 6  must, before accepting the appointment, undergo background

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

 8  Transportation a complete set of fingerprints taken by an

 9  authorized law enforcement agency. The fingerprints must be

10  submitted to the Department of Law Enforcement for state

11  processing, and that department shall submit the fingerprints

12  to the Federal Bureau of Investigation for federal processing.

13  The Department of Transportation shall screen the background

14  results and inform the commission of any candidate who does

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

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

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

18  by the Department of Transportation or the candidate.

19         (7)(6)  The commission shall appoint an executive

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

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

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

23  be necessary to perform adequately the functions of the

24  commission within budgetary limitations. All Employees of the

25  commission are exempt from the Career Service System.

26         (8)  The commission shall appoint a technical advisory

27  committee that includes representatives of private paratransit

28  providers. The committee shall advise the commission on issues

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

30  direction regarding the coordination of services for the

31  transportation disadvantaged. The commission may appoint other

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    Florida Senate - 2006                            CS for SB 634
    585-1741-06




 1  technical advisory committees whose members may include

 2  representatives of community transportation coordinators;

 3  metropolitan planning organizations; regional planning

 4  councils; experts in insurance, marketing, economic

 5  development, or financial planning; and persons who use

 6  transportation for the transportation disadvantaged, or their

 7  relatives, parents, guardians, or service professionals who

 8  tend to their needs.

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

10  secretary of the Department of Transportation for

11  administrative and fiscal accountability purposes, but it

12  shall otherwise function independently of the control,

13  supervision, and direction of the department.

14         (10)(8)  The commission shall develop a budget pursuant

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

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

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

18  department, along with the budget of the department.

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

20  Statutes, is amended to read:

21         427.013  The Commission for the Transportation

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

23  the commission is to accomplish the coordination of

24  transportation services provided to the transportation

25  disadvantaged. The goal of this coordination shall be to

26  assure the cost-effective provision of transportation by

27  qualified community transportation coordinators or

28  transportation operators for the transportation disadvantaged

29  without any bias or presumption in favor of multioperator

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

31  

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    Florida Senate - 2006                            CS for SB 634
    585-1741-06




 1  operator systems or for-profit transportation operators. In

 2  carrying out this purpose, the commission shall:

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

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

 5  Government, state government, local governments, or private

 6  funding sources. Applications by the commission for local

 7  government funds shall be coordinated through the appropriate

 8  coordinating board. Funds acquired or accepted under this

 9  subsection shall be administered by the commission and shall

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

11         (b)  Develop an allocation methodology or formula that

12  equitably distributes all funds, including Medicaid

13  nonemergency transportation funds, under the control of the

14  commission to compensate counties, community transportation

15  coordinators, or other entities providing transportation

16  disadvantaged services. The formula shall consider not only

17  the actual costs of each trip provided for the transportation

18  disadvantaged but also efficiencies that a provider might

19  adopt to reduce costs, including cost efficiencies of trips

20  when comparing like services to the local cost of private

21  paratransit providers.

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

23  

24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                         Senate Bill 634

26                                 

27  Provides that the commission members shall be appointed in
    accordance with the requirements of s. 20.052, F.S.
28  
    Provides that at least one member of the commission shall be
29  65 years of age or older.

30  Provides that the group of ex-officio, nonvoting members of
    the commission consists of the named agency executives, or a
31  senior-management-level representative.

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