Senate Bill sb0634c2

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    Florida Senate - 2006                     CS for CS for SB 634

    By the Committees on Transportation and Economic Development
    Appropriations; Governmental Oversight and Productivity; and
    Senator Constantine



    606-2156-06

  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 working groups; amending s.

19         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; prescribing

26         requirements for the methodology; providing an

27         effective date.

28  

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

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    Florida Senate - 2006                     CS for CS for SB 634
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 1         Section 1.  Section 427.012, Florida Statutes, is

 2  amended to read:

 3         427.012  The Commission for the Transportation

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

 5  Transportation Disadvantaged in the Department of

 6  Transportation.

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

 8  of whom shall be appointed by the Governor in accordance with

 9  the requirements of s. 20.052.

10         (a)  Five of the members must have significant

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

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

13  Governor select persons who reflect the broad diversity of the

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

15  ethnic, geographical, and gender diversity of the population

16  of this state.

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

18  the transportation disadvantaged system.

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

20  transportation disadvantaged throughout the state. A member

21  may not subordinate the needs of the transportation

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

23  residing in a specific location in the state.

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

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

26  term.

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

28  registered voter.

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

30  least 65 years of age.

31  

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    Florida Senate - 2006                     CS for CS for SB 634
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 1         (g)  The Secretary of Transportation, the Secretary of

 2  Children and Family Services, the director of Workforce

 3  Innovation, the executive director of the Department of

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

 5  Secretary of Health Care Administration, the director of the

 6  Agency for Persons with Disabilities, and a county manager or

 7  administrator who is appointed by the Governor, or a

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

 9  as ex officio, nonvoting advisors to the commission.

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

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

12  the commission, have or have had a financial relationship

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

14  defined in s. 11.045, the following:

15         1.  A transportation operator;

16         2.  A community transportation coordinator;

17         3.  A metropolitan planning organization;

18         4.  A designated official planning agency;

19         5.  A purchaser agency;

20         6.  A local coordinating board;

21         7.  A broker of transportation; or

22         8.  A provider of transportation services. the

23  following members:

24         (a)  The secretary of the Department of Transportation

25  or the secretary's designee.

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

27  Family Services or the secretary's designee.

28         (c)  The Commissioner of Education or the

29  commissioner's designee.

30         (d)  The director of the Agency for Workforce

31  Innovation or the director's designee.

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    Florida Senate - 2006                     CS for CS for SB 634
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 1         (e)  The executive director of the Department of

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

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

 4  or the secretary's designee.

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

 6  Administration or the director's designee.

 7         (h)  A representative of the Florida Association for

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

 9  association.

10         (i)  A representative of the Florida Transit

11  Association, who shall serve at the pleasure of that

12  association.

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

14  recognized statewide organization representing elderly

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

16  represent elderly Floridians and shall be appointed to serve a

17  term of 4 years.

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

19  recognized statewide organization representing handicapped

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

21  represent handicapped Floridians and shall be appointed to

22  serve a term of 4 years.

23         (l)  Two citizen advocate representatives who shall be

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

25  representing rural citizens and one representing urban

26  citizens.

27         (m)  A representative of the community transportation

28  coordinators. Such person shall be appointed by the Governor

29  to represent all community transportation coordinators and

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

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    Florida Senate - 2006                     CS for CS for SB 634
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 1         (n)  One member of the Early Childhood Council. Such

 2  person shall be appointed by the Governor to represent

 3  maternal and child health care providers and shall be

 4  appointed to serve a term of 4 years.

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

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

 7  which have a minimum of 5 years of continuous experience

 8  operating a broad-based system of ambulatory and

 9  wheelchair/stretcher type transportation, utilizing not less

10  than 50 vehicles and including dispatch and scheduling

11  responsibilities. Such persons shall be appointed by the

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

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

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

15  which having a minimum of 5 years of continuous experience

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

17  stretcher-type transportation, utilizing not less than 50

18  vehicles, and including dispatch and scheduling

19  responsibilities. Such persons shall be appointed by the

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

21         (q)  Six citizens representing the nontransportation

22  business community of the state, three members appointed by

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

24  Speaker of the House of Representatives.

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

26  and the vice chairperson of the commission shall be elected

27  annually from the membership of the commission.

28         (3)  Members of the commission shall serve without

29  compensation but shall be allowed per diem and travel

30  expenses, as provided in s. 112.061.

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    Florida Senate - 2006                     CS for CS for SB 634
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 1         (4)  The commission shall meet at least quarterly, or

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

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

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

 5  by the commission.

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

 7  commission for cause.

 8         (6)  Each candidate for appointment to the commission

 9  must, before accepting the appointment, undergo background

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

11  Transportation a complete set of fingerprints taken by an

12  authorized law enforcement agency. The fingerprints must be

13  submitted to the Department of Law Enforcement for state

14  processing, and that department shall submit the fingerprints

15  to the Federal Bureau of Investigation for federal processing.

16  The Department of Transportation shall screen the background

17  results and inform the commission of any candidate who does

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

19  met level 2 screening standards may not be appointed to the

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

21  by the Department of Transportation or the candidate.

22         (7)(6)  The commission shall appoint an executive

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

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

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

26  be necessary to perform adequately the functions of the

27  commission within budgetary limitations. All Employees of the

28  commission are exempt from the Career Service System.

29         (8)  The commission shall appoint a technical working

30  group that includes representatives of private paratransit

31  providers. The technical working group shall advise the

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    Florida Senate - 2006                     CS for CS for SB 634
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 1  commission on issues of importance to the state, including

 2  information, advice, and direction regarding the coordination

 3  of services for the transportation disadvantaged. The

 4  commission may appoint other technical working groups, whose

 5  members may include representatives of community

 6  transportation coordinators; metropolitan planning

 7  organizations; regional planning councils; experts in

 8  insurance, marketing, economic development, or financial

 9  planning; and persons who use transportation for the

10  transportation disadvantaged, or their relatives, parents,

11  guardians, or service professionals who tend to their needs.

12         (9)(7)  The commission is assigned to the office of the

13  secretary of the Department of Transportation for

14  administrative and fiscal accountability purposes, but it

15  shall otherwise function independently of the control,

16  supervision, and direction of the department.

17         (10)(8)  The commission shall develop a budget pursuant

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

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

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

21  department, along with the budget of the department.

22         Section 2.  Subsection (28) is added to section

23  427.013, Florida Statutes, to read:

24         427.013  The Commission for the Transportation

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

26  the commission is to accomplish the coordination of

27  transportation services provided to the transportation

28  disadvantaged. The goal of this coordination shall be to

29  assure the cost-effective provision of transportation by

30  qualified community transportation coordinators or

31  transportation operators for the transportation disadvantaged

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    Florida Senate - 2006                     CS for CS for SB 634
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 1  without any bias or presumption in favor of multioperator

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

 3  operator systems or for-profit transportation operators. In

 4  carrying out this purpose, the commission shall:

 5         (28)  In consultation with the Agency for Health Care

 6  Administration and the Department of Transportation, develop

 7  an allocation methodology that equitably distributes all

 8  transportation funds under the control of the commission to

 9  compensate counties, community transportation coordinators,

10  and other entities providing transportation disadvantaged

11  services. The methodology shall separately account for

12  Medicaid beneficiaries. The methodology shall consider such

13  factors as the actual costs of each transportation

14  disadvantaged trip based on prior-year information,

15  efficiencies that a provider might adopt to reduce costs,

16  results of the rate and cost comparisons conducted under

17  subsections (24) and (25), as well as cost efficiencies of

18  trips when compared to the local cost of transporting the

19  general public. This subsection does not supersede the

20  authority of the Agency for Health Care Administration to

21  distribute Medicaid funds.

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

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    Florida Senate - 2006                     CS for CS for SB 634
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                        CS/Senate Bill 634

 3                                 

 4  The committee substitute for Senate Bill 634:

 5  --   revises the group of ex-officio, nonvoting members of the
         commission, by replacing an elected local government
 6       official with a county manager or administrator;

 7  --   changes the name of the advisory body to the commission
         from technical advisory committee to technical working
 8       group;

 9  --   and prescribes requirements for the equity allocation
         methodology.
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