CS/HB 1175

1
A bill to be entitled
2An act relating to transportation services for the
3transportation disadvantaged; amending s. 427.011, F.S.;
4revising definitions; defining the term "purchasing
5agency"; amending s. 427.012, F.S.; revising the number of
6members required for a quorum at a meeting of the
7Commission for the Transportation Disadvantaged; amending
8s. 427.013, F.S.; revising responsibilities of the
9commission; deleting a requirement that the commission
10establish by rule acceptable ranges of trip costs;
11removing a provision for functioning and oversight of the
12quality assurance and management review program; requiring
13the commission to incur expenses for promotional services
14and items; amending s. 427.0135, F.S.; revising and
15creating duties and responsibilities for agencies that
16purchase transportation services for the transportation
17disadvantaged; providing requirements for the payment of
18rates; requiring an agency to negotiate with the
19commission before procuring transportation disadvantaged
20services; requiring an agency to identify its allocation
21for transportation disadvantaged services in its
22legislative budget request; amending s. 427.015, F.S.;
23revising provisions relating to the function of the
24metropolitan planning organization or designated official
25planning agency; amending s. 427.0155, F.S.; revising
26duties of community transportation coordinators; amending
27s. 427.0157, F.S.; revising duties of coordinating boards;
28amending s. 427.0158, F.S.; deleting provisions requiring
29the school board to provide information relating to school
30buses to the transportation coordinator; providing for the
31transportation coordinator to request certain information
32regarding public transportation; amending s. 427.0159,
33F.S.; revising provisions relating to the Transportation
34Disadvantaged Trust Fund; providing for the deposit of
35funds by an agency purchasing transportation services;
36amending s. 427.016, F.S.; providing for construction and
37application of specified provisions to certain acts of a
38purchasing agency in lieu of the Medicaid agency;
39requiring that an agency identify the allocation of funds
40for transportation disadvantaged services in its
41legislative budget request; providing for separate
42identification of amounts for transportation disadvantaged
43funding in the General Appropriations Act; providing an
44effective date.
45
46Be It Enacted by the Legislature of the State of Florida:
47
48     Section 1.  Subsections (8), (12), and (13) of section
49427.011, Florida Statutes, are amended to read:
50     427.011  Definitions.--For the purposes of ss. 427.011-
51427.017:
52     (8)  "Purchasing agency" "Member department" means a
53department or agency whose head is an ex officio, nonvoting
54advisor to a member of the commission, or an agency that
55purchases transportation services for the transportation
56disadvantaged.
57     (12)  "Annual budget estimate" means a budget estimate of
58funding resources available for providing transportation
59services to the transportation disadvantaged and which is
60prepared annually to cover a period of 1 state fiscal year.
61     (12)(13)  "Nonsponsored transportation disadvantaged
62services" means transportation disadvantaged services that are
63not sponsored or subsidized by any funding source other than the
64Transportation Disadvantaged Trust Fund.
65     Section 2.  Subsection (4) of section 427.012, Florida
66Statutes, is amended to read:
67     427.012  The Commission for the Transportation
68Disadvantaged.--There is created the Commission for the
69Transportation Disadvantaged in the Department of
70Transportation.
71     (4)  The commission shall meet at least quarterly, or more
72frequently at the call of the chairperson. Four Five members of
73the commission constitute a quorum, and a majority vote of the
74members present is necessary for any action taken by the
75commission.
76     Section 3.  Subsections (7), (8), (9), (14), and (26) of
77section 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
80Disadvantaged; purpose and responsibilities.--The purpose of the
81commission is to accomplish the coordination of transportation
82services provided to the transportation disadvantaged. The goal
83of this coordination shall be to assure the cost-effective
84provision of transportation by qualified community
85transportation coordinators or transportation operators for the
86transportation disadvantaged without any bias or presumption in
87favor of multioperator systems or not-for-profit transportation
88operators over single operator systems or for-profit
89transportation operators. In carrying out this purpose, the
90commission shall:
91     (7)  Unless otherwise provided by state or federal law,
92assure that all procedures, guidelines, and directives issued by
93purchasing agencies member departments are conducive to the
94coordination of transportation services.
95     (8)(a)  Assure that purchasing agencies member departments
96purchase all trips within the coordinated system, unless they
97have fulfilled the requirements of s. 427.0135(3) and use a more
98cost-effective alternative provider that meets comparable
99quality and standards.
100     (b)  Provide, by rule, criteria and procedures for
101purchasing agencies member departments to use if they wish to
102use an alternative provider. Agencies Departments must
103demonstrate either that the proposed alternative provider can
104provide a trip of comparable acceptable quality and standards
105for the clients at a lower cost than that provided within the
106coordinated system, or that the coordinated system cannot
107accommodate the agency's department's clients, or that the
108agency has satisfied the requirements of s. 427.0135(3).
109     (9)  Develop by rule standards for community transportation
110coordinators and any transportation operator or coordination
111contractor from whom service is purchased or arranged by the
112community transportation coordinator covering coordination,
113operation, safety, insurance, eligibility for service, costs,
114and utilization of transportation disadvantaged services. Such
115rules shall not apply to purchasing agencies meeting the
116requirements of s. 427.0135(3) and using an alternative
117provider. These standards and rules must include, but are not
118limited to:
119     (a)  Inclusion, by rule, of acceptable ranges of trip costs
120for the various modes and types of transportation services
121provided.
122     (a)(b)  Minimum performance standards for the delivery of
123services. These standards must be included in coordinator
124contracts and transportation operator contracts with clear
125penalties for repeated or continuing violations.
126     (b)(c)  Minimum liability insurance requirements for all
127transportation services purchased, provided, or coordinated for
128the transportation disadvantaged through the community
129transportation coordinator.
130     (14)  Consolidate, for each state agency, the annual budget
131estimates for transportation disadvantaged services, and the
132amounts of each agency's actual expenditures, together with the
133actual expenditures annual budget estimates of each official
134planning agency, local government, and directly federally funded
135agency and the amounts collected by each official planning
136agency issue a report.
137     (26)  Develop a quality assurance and management review
138program to monitor, based upon approved commission standards,
139services contracted for by an agency, and those provided by a
140community transportation operator pursuant to s. 427.0155. Staff
141of the quality assurance and management review program shall
142function independently and be directly responsible to the
143executive director.
144     (29)  Incur expenses for the purchase of advertisements,
145marketing services, and promotional items.
146     Section 4.  Section 427.0135, Florida Statutes, is amended
147to read:
148     427.0135  Purchasing agencies Member departments; duties
149and responsibilities.--Each purchasing agency member department,
150in carrying out the policies and procedures of the commission,
151shall:
152     (1)(a)  Use the coordinated transportation system for
153provision of services to its clients, unless each department or
154purchasing agency meets the criteria outlined in rule or statute
155to use an alternative provider.
156     (b)  Subject to the provisions of s. 409.908(18), the
157Medicaid agency shall purchase transportation services through
158the community coordinated transportation system unless a more
159cost-effective method is determined by the agency for Medicaid
160clients or unless otherwise limited or directed by the General
161Appropriations Act.
162     (2)  Pay the rates established in the service plan or
163negotiated statewide contract, unless the purchasing agency has
164completed the procedure for using an alternative provider and
165demonstrated that a proposed alternative provider can provide a
166more cost-effective transportation service of comparable quality
167and standards or unless the agency has satisfied the
168requirements of subsection (3).
169     (3)  Not procure transportation disadvantaged services
170without initially negotiating with the commission, as provided
171in s. 287.057(5)(f)13., or unless otherwise authorized by
172statute. If the purchasing agency, after consultation with the
173commission, determines that it cannot reach mutually acceptable
174contract terms with the commission, the purchasing agency may
175contract for the same transportation services provided in a more
176cost-effective manner and of comparable or higher quality and
177standards than those provided by the commission, as determined
178by the purchasing agency. The Medicaid agency shall implement
179this subsection in a manner consistent with s. 409.908(18) and
180as otherwise limited or directed by the General Appropriations
181Act.
182     (4)  Identify in the legislative budget request provided to
183the Governor each year for the General Appropriations Act the
184specific amount of any money the purchasing agency will allocate
185for the provision of transportation disadvantaged services.
186     (5)(2)  Provide the commission, by September 15 of each
187year, an accounting of all funds spent as well as how many trips
188were purchased with agency funds.
189     (6)(3)  Assist communities in developing coordinated
190transportation systems designed to serve the transportation
191disadvantaged. However, a purchasing agency member department
192may not serve as the community transportation coordinator in any
193designated service area.
194     (7)(4)  Assure that its rules, procedures, guidelines, and
195directives are conducive to the coordination of transportation
196funds and services for the transportation disadvantaged.
197     (8)(5)  Provide technical assistance, as needed, to
198community transportation coordinators or transportation
199operators or participating agencies.
200     Section 5.  Subsections (2) and (3) of section 427.015,
201Florida Statutes, are amended to read:
202     427.015  Function of the metropolitan planning organization
203or designated official planning agency in coordinating
204transportation for the transportation disadvantaged.--
205     (2)  Each metropolitan planning organization or designated
206official planning agency shall recommend to the commission a
207single community transportation coordinator. However, a
208purchasing agency member department may not serve as the
209community transportation coordinator in any designated service
210area. The coordinator may provide all or a portion of needed
211transportation services for the transportation disadvantaged but
212shall be responsible for the provision of those coordinated
213services. Based on approved commission evaluation criteria, the
214coordinator shall subcontract or broker those services that are
215more cost-effectively and efficiently provided by subcontracting
216or brokering. The performance of the coordinator shall be
217evaluated based on the commission's approved evaluation criteria
218by the coordinating board at least annually. A copy of the
219evaluation shall be submitted to the metropolitan planning
220organization or the designated official planning agency, and the
221commission. The recommendation or termination of any community
222transportation coordinator shall be subject to approval by the
223commission.
224     (3)  Each metropolitan planning organization or designated
225official planning agency shall request each local government in
226its jurisdiction to provide the actual expenditures an estimate
227of all local and direct federal funds to be expended for
228transportation for the disadvantaged. The metropolitan planning
229organization or designated official planning agency shall
230consolidate this information into a single report and forward
231it, by September 15 the beginning of each fiscal year, to the
232commission.
233     Section 6.  Subsection (7) of section 427.0155, Florida
234Statutes, is amended to read:
235     427.0155  Community transportation coordinators; powers and
236duties.--Community transportation coordinators shall have the
237following powers and duties:
238     (7)  In cooperation with the coordinating board and
239pursuant to criteria developed by the Commission for the
240Transportation Disadvantaged, establish eligibility guidelines
241and priorities with regard to the recipients of nonsponsored
242transportation disadvantaged services that are purchased with
243Transportation Disadvantaged Trust Fund moneys.
244     Section 7.  Subsection (4) of section 427.0157, Florida
245Statutes, is amended to read:
246     427.0157  Coordinating boards; powers and duties.--The
247purpose of each coordinating board is to develop local service
248needs and to provide information, advice, and direction to the
249community transportation coordinators on the coordination of
250services to be provided to the transportation disadvantaged. The
251commission shall, by rule, establish the membership of
252coordinating boards. The members of each board shall be
253appointed by the metropolitan planning organization or
254designated official planning agency. The appointing authority
255shall provide each board with sufficient staff support and
256resources to enable the board to fulfill its responsibilities
257under this section. Each board shall meet at least quarterly and
258shall:
259     (4)  Assist the community transportation coordinator in
260establishing eligibility guidelines and priorities with regard
261to the recipients of nonsponsored transportation disadvantaged
262services that are purchased with Transportation Disadvantaged
263Trust Fund moneys.
264     Section 8.  Subsections (2) and (3) of section 427.0158,
265Florida Statutes, are amended to read:
266     427.0158  School bus and public transportation.--
267     (2)  The school boards shall cooperate in the utilization
268of their vehicles to enhance coordinated disadvantaged
269transportation disadvantaged services by providing the
270information as requested by the community transportation
271coordinator required by this section and by allowing the use of
272their vehicles at actual cost upon request when those vehicles
273are available for such use and are not transporting students.
274Semiannually, no later than October 1 and April 30, a designee
275from the local school board shall provide the community
276transportation coordinator with copies to the coordinated
277transportation board, the following information for vehicles not
278scheduled 100 percent of the time for student transportation
279use:
280     (a)  The number and type of vehicles by adult capacity,
281including days and times, that the vehicles are available for
282coordinated 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
286outside 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
289system shall cooperate in the utilization of its regular service
290to enhance coordinated transportation disadvantaged services by
291providing the information as requested by the community
292transportation coordinator required by this section. Annually,
293no later than October 1, a designee from the local public
294transit fixed route or fixed schedule system shall provide The
295community transportation coordinator may request, without
296limitation, with copies to the coordinated transportation board,
297the following information:
298     (a)  A copy of all current schedules, route maps, system
299map, and fare structure;
300     (b)  A copy of the current charter policy;
301     (c)  A copy of the current charter rates and hour
302requirements; and
303     (d)  Required notification time to arrange for a charter.
304     Section 9.  Subsection (4) is added to section 427.0159,
305Florida Statutes, to read:
306     427.0159  Transportation Disadvantaged Trust Fund.--
307     (4)  A purchasing agency may deposit funds into the
308Transportation Disadvantaged Trust Fund for the commission to
309implement, manage, and administer the purchasing agency's
310transportation disadvantaged funds, as defined in s.
311427.011(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
315federal funds for the transportation disadvantaged.--
316     (1)
317     (b)  Nothing in this subsection shall be construed to limit
318or preclude a purchasing the Medicaid agency from establishing
319maximum fee schedules, individualized reimbursement policies by
320provider type, negotiated fees, competitive bidding, or any
321other mechanism, including contracting after initial negotiation
322with the commission, which that the agency considers more cost-
323effective and of comparable or higher quality and standards than
324those of the commission efficient and effective for the purchase
325of services on behalf of its Medicaid clients if it has
326fulfilled the requirements of s. 427.0135(3) or the procedure
327for using an alternative provider. State and local agencies
328shall not contract for any transportation disadvantaged
329services, including Medicaid reimbursable transportation
330services, with any community transportation coordinator or
331transportation operator that has been determined by the Agency
332for Health Care Administration, the Department of Legal Affairs
333Medicaid Fraud Control Unit, or any state or federal agency to
334have engaged in any abusive or fraudulent billing activities.
335     (2)  Each year, each agency, whether or not it is an ex
336officio, nonvoting advisor to a member of the Commission for the
337Transportation Disadvantaged, shall identify in the legislative
338budget request provided to the Governor for the General
339Appropriations Act inform the commission in writing, before the
340beginning of each fiscal year, of the specific amount of any
341money the agency will allocate allocated for the provision of
342transportation disadvantaged services. Additionally, each state
343agency shall, by September 15 of each year, provide the
344commission with an accounting of the actual amount of funds
345expended and the total number of trips purchased. The dollar
346amount for transportation disadvantaged funding shall be
347separately identified in the General Appropriations Act.
348     Section 11.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.