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A bill to be entitled

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An act relating to transportation services for the

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transportation disadvantaged; amending s. 427.011, F.S.;

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revising definitions; amending s. 427.012, F.S.; revising

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the number of members required for a quorum at a meeting

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of the Commission for the Transportation Disadvantaged;

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amending s. 427.013, F.S.; revising responsibilities for

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the commission; deleting a requirement that the commission

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establish by rule acceptable ranges of trip costs;

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requiring the commission to incur expenses for promotional

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services and items; amending s. 427.0135, F.S.; revising

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and creating duties and responsibilities for agencies that

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purchase transportation service for the transportation

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disadvantaged; providing requirements for the payment of

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rates; requiring agencies to negotiate with the commission

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before procuring transportation disadvantaged services;

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requiring that an agency identify its allocation for

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transportation disadvantaged services in its legislative

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budget request; amending s. 427.015, F.S.; revising

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provisions relating to the function of the metropolitan

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planning organization or designated official planning

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agency; amending s. 427.0155, F.S.; revising the duties of

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community transportation coordinators; amending s.

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427.0157, F.S.; revising duties for coordinating boards;

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amending s. 427.0158, F.S.; deleting provisions requiring

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the school board to provide information relating to school

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buses to the transportation coordinator; providing for the

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transportation coordinator to request certain information

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regarding public transportation; amending s. 427.0159,

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F.S.; revising provisions relating to the Transportation

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Disadvantaged Trust Fund; providing for the deposit of

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funds by an agency purchasing transportation services;

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amending s. 427.016, F.S.; deleting a provision

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authorizing the establishment of certain fees under the

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Medicaid program; requiring that an agency identify the

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allocation of funds for transportation disadvantaged

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services in its legislative budget request; providing an

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effective date.

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

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     Section 1.  Subsections (8), (12), and (13) of section

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427.011, Florida Statutes, are amended to read:

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     427.011  Definitions.--For the purposes of ss. 427.011-

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427.017:

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     (8) "Purchasing agency" "Member department" means a

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department or agency whose head is an ex officio, nonvoting

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advisor to a member of the commission, or an agency that

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purchases transportation services for the transportation

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disadvantaged.

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     (12) "Annual budget estimate" means a budget estimate of

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funding resources available for providing transportation services

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to the transportation disadvantaged and which is prepared

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annually to cover a period of 1 state fiscal year.

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     (12)(13) "Nonsponsored transportation disadvantaged

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services" means transportation disadvantaged services that are

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not sponsored or subsidized by any funding source other than the

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Transportation Disadvantaged Trust Fund.

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     Section 2.  Subsection (4) of section 427.012, Florida

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Statutes, is amended to read:

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     427.012  The Commission for the Transportation

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Disadvantaged.--There is created the Commission for the

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Transportation Disadvantaged in the Department of Transportation.

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

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frequently at the call of the chairperson. Four Five members of

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the commission constitute a quorum, and a majority vote of the

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members present is necessary for any action taken by the

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commission.

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     Section 3.  Subsections (7), (8), (9), (14), and (26) of

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section 427.013, Florida Statutes, are amended, and subsection

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(29) is added to that section, to read:

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     427.013  The Commission for the Transportation

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

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commission is to accomplish the coordination of transportation

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services provided to the transportation disadvantaged. The goal

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of this coordination shall be to assure the cost-effective

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provision of transportation by qualified community transportation

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coordinators or transportation operators for the transportation

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disadvantaged without any bias or presumption in favor of

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multioperator systems or not-for-profit transportation operators

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over single operator systems or for-profit transportation

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operators. In carrying out this purpose, the commission shall:

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     (7) Unless otherwise specified by statute, assure that all

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procedures, guidelines, and directives issued by purchasing

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agencies member departments are conducive to the coordination of

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transportation services.

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     (8)(a) Unless otherwise specified by statute, assure that

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purchasing agencies member departments purchase all trips within

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the coordinated system, unless they use a more cost-effective

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alternative provider that meets comparable quality standards.

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     (b)  Provide, by rule, criteria and procedures for

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purchasing agencies member departments to use if they wish to use

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an alternative provider. Agencies Departments must demonstrate

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either that the proposed alternative provider can provide a trip

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of comparable acceptable quality and standards for the clients at

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a lower cost than that provided within the coordinated system, or

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that the coordinated system cannot accommodate the agency's

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department's clients, or that the agency has satisfied the

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requirements of s. 427.0135(3).

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     (9) Unless the purchasing agency has satisfied the

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requirements of s. 427.0135(3), develop by rule standards for

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community transportation coordinators and any transportation

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operator or coordination contractor from whom service is

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purchased or arranged by the community transportation coordinator

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covering coordination, operation, safety, insurance, eligibility

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for service, costs, and utilization of transportation

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disadvantaged services. These standards and rules must include,

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but are not limited to:

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     (a) Inclusion, by rule, of acceptable ranges of trip costs

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for the various modes and types of transportation services

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provided.

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     (a)(b) Minimum performance standards for the delivery of

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services. These standards must be included in coordinator

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contracts and transportation operator contracts with clear

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penalties for repeated or continuing violations.

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     (b)(c) Minimum liability insurance requirements for all

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transportation services purchased, provided, or coordinated for

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the transportation disadvantaged through the community

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transportation coordinator.

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     (14) Consolidate, for each state agency, the annual budget

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estimates for transportation disadvantaged services, and the

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amounts of each agency's actual expenditures, together with the

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actual expenditures annual budget estimates of each official

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planning agency, local government, and directly federally funded

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agency and the amounts collected by each official planning agency

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issue a report.

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     (26)  Develop a quality assurance and management review

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program to monitor, based upon approved commission standards,

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services contracted for by an agency, and those provided by a

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community transportation operator pursuant to s. 427.0155. Staff

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of the quality assurance and management review program shall

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function independently and be directly responsible to the

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executive director.

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     (29) Incur expenses for the purchase of advertisements,

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marketing services, and promotional items.

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     Section 4.  Section 427.0135, Florida Statutes, is amended

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to read:

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     427.0135 Purchasing agencies Member departments; duties and

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responsibilities.--Each purchasing agency member department, in

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carrying out the policies and procedures of the commission,

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shall:

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     (1)(a) Use the coordinated transportation system for

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provision of services to its clients, unless each department or

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purchasing agency meets the criteria outlined in rule or statute

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to use an alternative provider.

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     (b) Subject to the provisions of s. 409.908(18), the

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Medicaid agency shall purchase transportation services through

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the community coordinated transportation system unless a more

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cost-effective method is determined by the agency for Medicaid

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clients or unless otherwise limited or directed by the General

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Appropriations Act.

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     (2) Pay the rates established in the service plan or

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negotiated statewide contract, unless the purchasing agency has

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completed the procedure for an alternative provider and

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demonstrated that a proposed alternative provider can provide a

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more cost-effective transportation service of comparable quality

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and standards or unless the agency has satisfied the requirements

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of subsection (3).

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     (3) Not procure transportation disadvantaged services

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without initially negotiating with the commission, as provided in

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s. 287.057(5)(f)13. or unless otherwise authorized by statute. If

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the purchasing agency, after consultation with the commission,

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determines that it cannot reach mutually acceptable contract

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terms with the commission, the purchasing agency may contract for

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transportation services that are more cost-effective and of

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comparable or higher quality standards than those of the

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commission.

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     (4) Identify in the legislative budget request provided to

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the Governor each year for the General Appropriations Act the

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specific amount of any money the purchasing agency will allocate

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for the provision of transportation disadvantaged services. The

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dollar amount for transportation disadvantaged funding shall be

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separately identified in the General Appropriations Act.

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     (5)(2) Provide the commission, by September 15 of each

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year, an accounting of all funds spent as well as how many trips

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were purchased with agency funds.

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     (6)(3) Assist communities in developing coordinated

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transportation systems designed to serve the transportation

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disadvantaged. However, a purchasing agency member department may

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not serve as the community transportation coordinator in any

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designated service area.

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     (7)(4) Assure that its rules, procedures, guidelines, and

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directives are conducive to the coordination of transportation

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funds and services for the transportation disadvantaged.

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     (8)(5) Provide technical assistance, as needed, to

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community transportation coordinators or transportation operators

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or participating agencies.

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     Section 5.  Subsections (2) and (3) of section 427.015,

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Florida Statutes, are amended to read:

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     427.015  Function of the metropolitan planning organization

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or designated official planning agency in coordinating

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transportation for the transportation disadvantaged.--

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     (2)  Each metropolitan planning organization or designated

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official planning agency shall recommend to the commission a

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single community transportation coordinator. However, a

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purchasing agency member department may not serve as the

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community transportation coordinator in any designated service

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area. The coordinator may provide all or a portion of needed

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transportation services for the transportation disadvantaged but

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shall be responsible for the provision of those coordinated

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services. Based on approved commission evaluation criteria, the

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coordinator shall subcontract or broker those services that are

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more cost-effectively and efficiently provided by subcontracting

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or brokering. The performance of the coordinator shall be

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evaluated based on the commission's approved evaluation criteria

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by the coordinating board at least annually. A copy of the

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evaluation shall be submitted to the metropolitan planning

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organization or the designated official planning agency, and the

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commission. The recommendation or termination of any community

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transportation coordinator shall be subject to approval by the

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commission.

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     (3)  Each metropolitan planning organization or designated

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official planning agency shall request each local government in

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its jurisdiction to provide the actual expenditures an estimate

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of all local and direct federal funds to be expended for

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transportation for the disadvantaged. The metropolitan planning

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organization or designated official planning agency shall

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consolidate this information into a single report and forward it,

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by September 15 the beginning of each fiscal year, to the

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commission.

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     Section 6.  Subsection (7) of section 427.0155, Florida

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Statutes, is amended to read:

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     427.0155  Community transportation coordinators; powers and

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duties.--Community transportation coordinators shall have the

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following powers and duties:

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     (7)  In cooperation with the coordinating board and pursuant

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to criteria developed by the Commission for the Transportation

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Disadvantaged, establish eligibility guidelines and priorities

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with regard to the recipients of nonsponsored transportation

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disadvantaged services that are purchased with Transportation

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Disadvantaged Trust Fund moneys.

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     Section 7.  Subsection (4) of section 427.0157, Florida

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Statutes, is amended to read:

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     427.0157  Coordinating boards; powers and duties.--The

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purpose of each coordinating board is to develop local service

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needs and to provide information, advice, and direction to the

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community transportation coordinators on the coordination of

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services to be provided to the transportation disadvantaged. The

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commission shall, by rule, establish the membership of

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coordinating boards. The members of each board shall be appointed

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by the metropolitan planning organization or designated official

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planning agency. The appointing authority shall provide each

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board with sufficient staff support and resources to enable the

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board to fulfill its responsibilities under this section. Each

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board shall meet at least quarterly and shall:

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     (4)  Assist the community transportation coordinator in

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establishing eligibility guidelines and priorities with regard to

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the recipients of nonsponsored transportation disadvantaged

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services that are purchased with Transportation Disadvantaged

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Trust Fund moneys.

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     Section 8.  Subsections (2) and (3) of section 427.0158,

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Florida Statutes, are amended to read:

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     427.0158  School bus and public transportation.--

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     (2)  The school boards shall cooperate in the utilization of

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their vehicles to enhance coordinated disadvantaged

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transportation by providing the information as requested by the

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community transportation coordinator required by this section and

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by allowing the use of their vehicles at actual cost upon request

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when those vehicles are available for such use and are not

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transporting students. Semiannually, no later than October 1 and

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April 30, a designee from the local school board shall provide

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the community transportation coordinator with copies to the

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coordinated transportation board, the following information for

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vehicles not scheduled 100 percent of the time for student

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transportation use:

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     (a) The number and type of vehicles by adult capacity,

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including days and times, that the vehicles are available for

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coordinated transportation disadvantaged services;

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     (b) The actual cost per mile by vehicle type available;

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     (c) The actual driver cost per hour;

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     (d) Additional actual cost associated with vehicle use

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outside the established workday or workweek of the entity; and

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     (e) Notification of lead time required for vehicle use.

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     (3)  The public transit fixed route or fixed schedule system

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shall cooperate in the utilization of its regular service to

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enhance coordinated transportation disadvantaged services by

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providing the information as requested by the community

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transportation coordinator required by this section. Annually, no

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later than October 1, a designee from the local public transit

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fixed route or fixed schedule system shall provide The community

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transportation coordinator may request, without limitation, with

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copies to the coordinated transportation board, the following

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information:

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     (a)  A copy of all current schedules, route maps, system

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map, and fare structure;

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     (b)  A copy of the current charter policy;

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     (c)  A copy of the current charter rates and hour

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requirements; and

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     (d)  Required notification time to arrange for a charter.

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     Section 9.  Subsection (4) is added to section 427.0159,

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Florida Statutes, to read:

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     427.0159  Transportation Disadvantaged Trust Fund.--

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     (4) A purchasing agency may deposit funds into the

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Transportation Disadvantaged Trust Fund for the commission to

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implement, manage, and administer the purchasing agency's

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transportation disadvantaged funds, as defined in s. 427.011(10).

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     Section 10.  Paragraph (b) of subsection (1) and subsection

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(2) of section 427.016, Florida Statutes, are amended to read:

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     427.016  Expenditure of local government, state, and federal

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funds for the transportation disadvantaged.--

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     (1)

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     (b) Nothing in this subsection shall be construed to limit

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or preclude a purchasing the Medicaid agency from establishing

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maximum fee schedules, individualized reimbursement policies by

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provider type, negotiated fees, competitive bidding, or any other

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mechanism, including contracting after initial negotiation with

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the commission, which that the agency considers more cost-

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effective and of comparable or higher quality standards than

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those of the commission efficient and effective for the purchase

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of services on behalf of its Medicaid clients if it has fulfilled

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the requirements of s. 427.0135(3) or the procedure for an

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alternative provider. State and local agencies shall not contract

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for any transportation disadvantaged services, including Medicaid

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reimbursable transportation services, with any community

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transportation coordinator or transportation operator that has

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been determined by the Agency for Health Care Administration, the

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Department of Legal Affairs Medicaid Fraud Control Unit, or any

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state or federal agency to have engaged in any abusive or

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fraudulent billing activities.

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     (2) Each agency, whether or not it is an ex officio

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nonvoting advisor to a member of the Commission for the

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Transportation Disadvantaged, shall each year identify in the

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legislative budget request provided to the Governor for the

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General Appropriations Act inform the commission in writing,

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before the beginning of each fiscal year, of the specific amount

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of any money the agency will allocate allocated for the provision

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of transportation disadvantaged services. Additionally, each

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state agency shall, by September 15 of each year, provide the

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commission with an accounting of the actual amount of funds

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expended and the total number of trips purchased. The dollar

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amount for transportation disadvantaged funding shall be

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separately identified in the General Appropriations Act.

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     Section 11.  This act shall take effect July 1, 2008.