| 1 | A bill to be entitled |
| 2 | An act relating to transportation services for the |
| 3 | transportation disadvantaged; amending s. 427.011, F.S.; |
| 4 | revising definitions; defining the term "purchasing |
| 5 | agency"; amending s. 427.012, F.S.; revising the number of |
| 6 | members required for a quorum at a meeting of the |
| 7 | Commission for the Transportation Disadvantaged; amending |
| 8 | s. 427.013, F.S.; revising responsibilities of the |
| 9 | commission; deleting a requirement that the commission |
| 10 | establish by rule acceptable ranges of trip costs; |
| 11 | removing a provision for functioning and oversight of the |
| 12 | quality assurance and management review program; requiring |
| 13 | the commission to incur expenses for promotional services |
| 14 | and items; amending s. 427.0135, F.S.; revising and |
| 15 | creating duties and responsibilities for agencies that |
| 16 | purchase transportation services for the transportation |
| 17 | disadvantaged; providing requirements for the payment of |
| 18 | rates; requiring an agency to negotiate with the |
| 19 | commission before procuring transportation disadvantaged |
| 20 | services; requiring an agency to identify its allocation |
| 21 | for transportation disadvantaged services in its |
| 22 | legislative budget request; amending s. 427.015, F.S.; |
| 23 | revising provisions relating to the function of the |
| 24 | metropolitan planning organization or designated official |
| 25 | planning agency; amending s. 427.0155, F.S.; revising |
| 26 | duties of community transportation coordinators; amending |
| 27 | s. 427.0157, F.S.; revising duties of coordinating boards; |
| 28 | amending s. 427.0158, F.S.; deleting provisions requiring |
| 29 | the school board to provide information relating to school |
| 30 | buses to the transportation coordinator; providing for the |
| 31 | transportation coordinator to request certain information |
| 32 | regarding public transportation; amending s. 427.0159, |
| 33 | F.S.; revising provisions relating to the Transportation |
| 34 | Disadvantaged Trust Fund; providing for the deposit of |
| 35 | funds by an agency purchasing transportation services; |
| 36 | amending s. 427.016, F.S.; providing for construction and |
| 37 | application of specified provisions to certain acts of a |
| 38 | purchasing agency in lieu of the Medicaid agency; |
| 39 | requiring that an agency identify the allocation of funds |
| 40 | for transportation disadvantaged services in its |
| 41 | legislative budget request; providing for separate |
| 42 | identification of amounts for transportation disadvantaged |
| 43 | funding in the General Appropriations Act; providing an |
| 44 | effective date. |
| 45 |
|
| 46 | Be It Enacted by the Legislature of the State of Florida: |
| 47 |
|
| 48 | Section 1. Subsections (8), (12), and (13) of section |
| 49 | 427.011, Florida Statutes, are amended to read: |
| 50 | 427.011 Definitions.--For the purposes of ss. 427.011- |
| 51 | 427.017: |
| 52 | (8) "Purchasing agency" "Member department" means a |
| 53 | department or agency whose head is an ex officio, nonvoting |
| 54 | advisor to a member of the commission, or an agency that |
| 55 | purchases transportation services for the transportation |
| 56 | disadvantaged. |
| 57 | (12) "Annual budget estimate" means a budget estimate of |
| 58 | funding resources available for providing transportation |
| 59 | services to the transportation disadvantaged and which is |
| 60 | prepared annually to cover a period of 1 state fiscal year. |
| 61 | (12)(13) "Nonsponsored transportation disadvantaged |
| 62 | services" means transportation disadvantaged services that are |
| 63 | not sponsored or subsidized by any funding source other than the |
| 64 | Transportation Disadvantaged Trust Fund. |
| 65 | Section 2. Subsection (4) of section 427.012, Florida |
| 66 | Statutes, is amended to read: |
| 67 | 427.012 The Commission for the Transportation |
| 68 | Disadvantaged.--There is created the Commission for the |
| 69 | Transportation Disadvantaged in the Department of |
| 70 | Transportation. |
| 71 | (4) The commission shall meet at least quarterly, or more |
| 72 | frequently at the call of the chairperson. Four Five members of |
| 73 | the commission constitute a quorum, and a majority vote of the |
| 74 | members present is necessary for any action taken by the |
| 75 | commission. |
| 76 | Section 3. Subsections (7), (8), (9), (14), and (26) of |
| 77 | section 427.013, Florida Statutes, are amended, and subsection |
| 78 | (29) is added to that section, to read: |
| 79 | 427.013 The Commission for the Transportation |
| 80 | Disadvantaged; purpose and responsibilities.--The purpose of the |
| 81 | commission is to accomplish the coordination of transportation |
| 82 | services provided to the transportation disadvantaged. The goal |
| 83 | of this coordination shall be to assure the cost-effective |
| 84 | provision of transportation by qualified community |
| 85 | transportation coordinators or transportation operators for the |
| 86 | transportation disadvantaged without any bias or presumption in |
| 87 | favor of multioperator systems or not-for-profit transportation |
| 88 | operators over single operator systems or for-profit |
| 89 | transportation operators. In carrying out this purpose, the |
| 90 | commission shall: |
| 91 | (7) Unless otherwise provided by state or federal law, |
| 92 | assure that all procedures, guidelines, and directives issued by |
| 93 | purchasing agencies member departments are conducive to the |
| 94 | coordination of transportation services. |
| 95 | (8)(a) Assure that purchasing agencies member departments |
| 96 | purchase all trips within the coordinated system, unless they |
| 97 | have fulfilled the requirements of s. 427.0135(3) and use a more |
| 98 | cost-effective alternative provider that meets comparable |
| 99 | quality and standards. |
| 100 | (b) Provide, by rule, criteria and procedures for |
| 101 | purchasing agencies member departments to use if they wish to |
| 102 | use an alternative provider. Agencies Departments must |
| 103 | demonstrate either that the proposed alternative provider can |
| 104 | provide a trip of comparable acceptable quality and standards |
| 105 | for the clients at a lower cost than that provided within the |
| 106 | coordinated system, or that the coordinated system cannot |
| 107 | accommodate the agency's department's clients, or that the |
| 108 | agency has satisfied the requirements of s. 427.0135(3). |
| 109 | (9) Develop by rule standards for community transportation |
| 110 | coordinators and any transportation operator or coordination |
| 111 | contractor from whom service is purchased or arranged by the |
| 112 | community transportation coordinator covering coordination, |
| 113 | operation, safety, insurance, eligibility for service, costs, |
| 114 | and utilization of transportation disadvantaged services. Such |
| 115 | rules shall not apply to purchasing agencies meeting the |
| 116 | requirements of s. 427.0135(3) and using an alternative |
| 117 | provider. These standards and rules must include, but are not |
| 118 | limited to: |
| 119 | (a) Inclusion, by rule, of acceptable ranges of trip costs |
| 120 | for the various modes and types of transportation services |
| 121 | provided. |
| 122 | (a)(b) Minimum performance standards for the delivery of |
| 123 | services. These standards must be included in coordinator |
| 124 | contracts and transportation operator contracts with clear |
| 125 | penalties for repeated or continuing violations. |
| 126 | (b)(c) Minimum liability insurance requirements for all |
| 127 | transportation services purchased, provided, or coordinated for |
| 128 | the transportation disadvantaged through the community |
| 129 | transportation coordinator. |
| 130 | (14) Consolidate, for each state agency, the annual budget |
| 131 | estimates for transportation disadvantaged services, and the |
| 132 | amounts of each agency's actual expenditures, together with the |
| 133 | actual expenditures annual budget estimates of each official |
| 134 | planning agency, local government, and directly federally funded |
| 135 | agency and the amounts collected by each official planning |
| 136 | agency issue a report. |
| 137 | (26) Develop a quality assurance and management review |
| 138 | program to monitor, based upon approved commission standards, |
| 139 | services contracted for by an agency, and those provided by a |
| 140 | community transportation operator pursuant to s. 427.0155. Staff |
| 141 | of the quality assurance and management review program shall |
| 142 | function independently and be directly responsible to the |
| 143 | executive director. |
| 144 | (29) Incur expenses for the purchase of advertisements, |
| 145 | marketing services, and promotional items. |
| 146 | Section 4. Section 427.0135, Florida Statutes, is amended |
| 147 | to read: |
| 148 | 427.0135 Purchasing agencies Member departments; duties |
| 149 | and responsibilities.--Each purchasing agency member department, |
| 150 | in carrying out the policies and procedures of the commission, |
| 151 | shall: |
| 152 | (1)(a) Use the coordinated transportation system for |
| 153 | provision of services to its clients, unless each department or |
| 154 | purchasing agency meets the criteria outlined in rule or statute |
| 155 | to use an alternative provider. |
| 156 | (b) Subject to the provisions of s. 409.908(18), the |
| 157 | Medicaid agency shall purchase transportation services through |
| 158 | the community coordinated transportation system unless a more |
| 159 | cost-effective method is determined by the agency for Medicaid |
| 160 | clients or unless otherwise limited or directed by the General |
| 161 | Appropriations Act. |
| 162 | (2) Pay the rates established in the service plan or |
| 163 | negotiated statewide contract, unless the purchasing agency has |
| 164 | completed the procedure for using an alternative provider and |
| 165 | demonstrated that a proposed alternative provider can provide a |
| 166 | more cost-effective transportation service of comparable quality |
| 167 | and standards or unless the agency has satisfied the |
| 168 | requirements of subsection (3). |
| 169 | (3) Not procure transportation disadvantaged services |
| 170 | without initially negotiating with the commission, as provided |
| 171 | in s. 287.057(5)(f)13., or unless otherwise authorized by |
| 172 | statute. If the purchasing agency, after consultation with the |
| 173 | commission, determines that it cannot reach mutually acceptable |
| 174 | contract terms with the commission, the purchasing agency may |
| 175 | contract for the same transportation services provided in a more |
| 176 | cost-effective manner and of comparable or higher quality and |
| 177 | standards than those provided by the commission, as determined |
| 178 | by the purchasing agency. The Medicaid agency shall implement |
| 179 | this subsection in a manner consistent with s. 409.908(18) and |
| 180 | as otherwise limited or directed by the General Appropriations |
| 181 | Act. |
| 182 | (4) Identify in the legislative budget request provided to |
| 183 | the Governor each year for the General Appropriations Act the |
| 184 | specific amount of any money the purchasing agency will allocate |
| 185 | for the provision of transportation disadvantaged services. |
| 186 | (5)(2) Provide the commission, by September 15 of each |
| 187 | year, an accounting of all funds spent as well as how many trips |
| 188 | were purchased with agency funds. |
| 189 | (6)(3) Assist communities in developing coordinated |
| 190 | transportation systems designed to serve the transportation |
| 191 | disadvantaged. However, a purchasing agency member department |
| 192 | may not serve as the community transportation coordinator in any |
| 193 | designated service area. |
| 194 | (7)(4) Assure that its rules, procedures, guidelines, and |
| 195 | directives are conducive to the coordination of transportation |
| 196 | funds and services for the transportation disadvantaged. |
| 197 | (8)(5) Provide technical assistance, as needed, to |
| 198 | community transportation coordinators or transportation |
| 199 | operators or participating agencies. |
| 200 | Section 5. Subsections (2) and (3) of section 427.015, |
| 201 | Florida Statutes, are amended to read: |
| 202 | 427.015 Function of the metropolitan planning organization |
| 203 | or designated official planning agency in coordinating |
| 204 | transportation for the transportation disadvantaged.-- |
| 205 | (2) Each metropolitan planning organization or designated |
| 206 | official planning agency shall recommend to the commission a |
| 207 | single community transportation coordinator. However, a |
| 208 | purchasing agency member department may not serve as the |
| 209 | community transportation coordinator in any designated service |
| 210 | area. The coordinator may provide all or a portion of needed |
| 211 | transportation services for the transportation disadvantaged but |
| 212 | shall be responsible for the provision of those coordinated |
| 213 | services. Based on approved commission evaluation criteria, the |
| 214 | coordinator shall subcontract or broker those services that are |
| 215 | more cost-effectively and efficiently provided by subcontracting |
| 216 | or brokering. The performance of the coordinator shall be |
| 217 | evaluated based on the commission's approved evaluation criteria |
| 218 | by the coordinating board at least annually. A copy of the |
| 219 | evaluation shall be submitted to the metropolitan planning |
| 220 | organization or the designated official planning agency, and the |
| 221 | commission. The recommendation or termination of any community |
| 222 | transportation coordinator shall be subject to approval by the |
| 223 | commission. |
| 224 | (3) Each metropolitan planning organization or designated |
| 225 | official planning agency shall request each local government in |
| 226 | its jurisdiction to provide the actual expenditures an estimate |
| 227 | of all local and direct federal funds to be expended for |
| 228 | transportation for the disadvantaged. The metropolitan planning |
| 229 | organization or designated official planning agency shall |
| 230 | consolidate this information into a single report and forward |
| 231 | it, by September 15 the beginning of each fiscal year, to the |
| 232 | commission. |
| 233 | Section 6. Subsection (7) of section 427.0155, Florida |
| 234 | Statutes, is amended to read: |
| 235 | 427.0155 Community transportation coordinators; powers and |
| 236 | duties.--Community transportation coordinators shall have the |
| 237 | following powers and duties: |
| 238 | (7) In cooperation with the coordinating board and |
| 239 | pursuant to criteria developed by the Commission for the |
| 240 | Transportation Disadvantaged, establish eligibility guidelines |
| 241 | and priorities with regard to the recipients of nonsponsored |
| 242 | transportation disadvantaged services that are purchased with |
| 243 | Transportation Disadvantaged Trust Fund moneys. |
| 244 | Section 7. Subsection (4) of section 427.0157, Florida |
| 245 | Statutes, is amended to read: |
| 246 | 427.0157 Coordinating boards; powers and duties.--The |
| 247 | purpose of each coordinating board is to develop local service |
| 248 | needs and to provide information, advice, and direction to the |
| 249 | community transportation coordinators on the coordination of |
| 250 | services to be provided to the transportation disadvantaged. The |
| 251 | commission shall, by rule, establish the membership of |
| 252 | coordinating boards. The members of each board shall be |
| 253 | appointed by the metropolitan planning organization or |
| 254 | designated official planning agency. The appointing authority |
| 255 | shall provide each board with sufficient staff support and |
| 256 | resources to enable the board to fulfill its responsibilities |
| 257 | under this section. Each board shall meet at least quarterly and |
| 258 | shall: |
| 259 | (4) Assist the community transportation coordinator in |
| 260 | establishing eligibility guidelines and priorities with regard |
| 261 | to the recipients of nonsponsored transportation disadvantaged |
| 262 | services that are purchased with Transportation Disadvantaged |
| 263 | Trust Fund moneys. |
| 264 | Section 8. Subsections (2) and (3) of section 427.0158, |
| 265 | Florida Statutes, are amended to read: |
| 266 | 427.0158 School bus and public transportation.-- |
| 267 | (2) The school boards shall cooperate in the utilization |
| 268 | of their vehicles to enhance coordinated disadvantaged |
| 269 | transportation disadvantaged services by providing the |
| 270 | information as requested by the community transportation |
| 271 | coordinator required by this section and by allowing the use of |
| 272 | their vehicles at actual cost upon request when those vehicles |
| 273 | are available for such use and are not transporting students. |
| 274 | Semiannually, no later than October 1 and April 30, a designee |
| 275 | from the local school board shall provide the community |
| 276 | transportation coordinator with copies to the coordinated |
| 277 | transportation board, the following information for vehicles not |
| 278 | scheduled 100 percent of the time for student transportation |
| 279 | use: |
| 280 | (a) The number and type of vehicles by adult capacity, |
| 281 | including days and times, that the vehicles are available for |
| 282 | coordinated transportation disadvantaged services; |
| 283 | (b) The actual cost per mile by vehicle type available; |
| 284 | (c) The actual driver cost per hour; |
| 285 | (d) Additional actual cost associated with vehicle use |
| 286 | outside the established workday or workweek of the entity; and |
| 287 | (e) Notification of lead time required for vehicle use. |
| 288 | (3) The public transit fixed route or fixed schedule |
| 289 | system shall cooperate in the utilization of its regular service |
| 290 | to enhance coordinated transportation disadvantaged services by |
| 291 | providing the information as requested by the community |
| 292 | transportation coordinator required by this section. Annually, |
| 293 | no later than October 1, a designee from the local public |
| 294 | transit fixed route or fixed schedule system shall provide The |
| 295 | community transportation coordinator may request, without |
| 296 | limitation, with copies to the coordinated transportation board, |
| 297 | the following information: |
| 298 | (a) A copy of all current schedules, route maps, system |
| 299 | map, and fare structure; |
| 300 | (b) A copy of the current charter policy; |
| 301 | (c) A copy of the current charter rates and hour |
| 302 | requirements; and |
| 303 | (d) Required notification time to arrange for a charter. |
| 304 | Section 9. Subsection (4) is added to section 427.0159, |
| 305 | Florida Statutes, to read: |
| 306 | 427.0159 Transportation Disadvantaged Trust Fund.-- |
| 307 | (4) A purchasing agency may deposit funds into the |
| 308 | Transportation Disadvantaged Trust Fund for the commission to |
| 309 | implement, manage, and administer the purchasing agency's |
| 310 | transportation disadvantaged funds, as defined in s. |
| 311 | 427.011(10). |
| 312 | Section 10. Paragraph (b) of subsection (1) and subsection |
| 313 | (2) of section 427.016, Florida Statutes, are amended to read: |
| 314 | 427.016 Expenditure of local government, state, and |
| 315 | federal funds for the transportation disadvantaged.-- |
| 316 | (1) |
| 317 | (b) Nothing in this subsection shall be construed to limit |
| 318 | or preclude a purchasing the Medicaid agency from establishing |
| 319 | maximum fee schedules, individualized reimbursement policies by |
| 320 | provider type, negotiated fees, competitive bidding, or any |
| 321 | other mechanism, including contracting after initial negotiation |
| 322 | with the commission, which that the agency considers more cost- |
| 323 | effective and of comparable or higher quality and standards than |
| 324 | those of the commission efficient and effective for the purchase |
| 325 | of services on behalf of its Medicaid clients if it has |
| 326 | fulfilled the requirements of s. 427.0135(3) or the procedure |
| 327 | for using an alternative provider. State and local agencies |
| 328 | shall not contract for any transportation disadvantaged |
| 329 | services, including Medicaid reimbursable transportation |
| 330 | services, with any community transportation coordinator or |
| 331 | transportation operator that has been determined by the Agency |
| 332 | for Health Care Administration, the Department of Legal Affairs |
| 333 | Medicaid Fraud Control Unit, or any state or federal agency to |
| 334 | have engaged in any abusive or fraudulent billing activities. |
| 335 | (2) Each year, each agency, whether or not it is an ex |
| 336 | officio, nonvoting advisor to a member of the Commission for the |
| 337 | Transportation Disadvantaged, shall identify in the legislative |
| 338 | budget request provided to the Governor for the General |
| 339 | Appropriations Act inform the commission in writing, before the |
| 340 | beginning of each fiscal year, of the specific amount of any |
| 341 | money the agency will allocate allocated for the provision of |
| 342 | transportation disadvantaged services. Additionally, each state |
| 343 | agency shall, by September 15 of each year, provide the |
| 344 | commission with an accounting of the actual amount of funds |
| 345 | expended and the total number of trips purchased. The dollar |
| 346 | amount for transportation disadvantaged funding shall be |
| 347 | separately identified in the General Appropriations Act. |
| 348 | Section 11. This act shall take effect July 1, 2008. |