Florida Senate - 2012 SB 1392
By Senator Benacquisto
27-00576B-12 20121392__
1 A bill to be entitled
2 An act relating to transportation accessibility;
3 providing a short title; providing definitions;
4 requiring certain taxicab operators to provide
5 accessible taxicabs after a certain date; requiring
6 the Department of Transportation to adopt rules;
7 providing for certain airports and deepwater ports to
8 allow for priority rotation of accessible taxicabs
9 after a certain date; amending s. 212.08, F.S.;
10 providing a tax exemption for the sale or lease of
11 accessible vehicles; amending s. 409.905, F.S.;
12 requiring transportation services that provide
13 transportation for Medicaid recipients to certify to
14 the Agency for Health Care Administration that the
15 transportation service uses accessible vehicles;
16 providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. (1) This section may be cited as the “Florida
21 Transportation Accessibility Independence Act.”
22 (2) As used in this section, the term:
23 (a) “Accessible taxicab” means a vehicle that is equipped
24 with a lift or ramp designed specifically to transport
25 physically disabled persons or that contains any other device
26 designed to permit access to and enable the transportation of
27 physically disabled persons, including persons who use
28 wheelchairs, motorized wheelchairs, or similar mobility aids;
29 complies with the accessibility requirements of the Americans
30 with Disabilities Act of 1990, 49 C.F.R. ss. 38.23, 38.25, and
31 38.31, as amended, whether or not such regulations would apply
32 under federal law; meets all applicable federal motor vehicle
33 safety standards and regulations adopted thereunder; and
34 provides sufficient floor space to accommodate a service animal.
35 (b) “Fleet owner” means a person that owns, operates, or
36 manages 12 or more taxicabs directly or through subsidiaries or
37 affiliates.
38 (c) “Physically disabled person” means a person with a
39 disability, as defined in the Americans with Disabilities Act of
40 1990, 49 C.F.R. ss. 37.3, who uses a wheelchair, motorized
41 wheelchair, or other personal mobility aid.
42 (3) By December 31, 2014, each fleet owner shall operate a
43 minimum of one-twelfth of its fleet using accessible taxicabs.
44 (4) The Department of Transportation shall adopt rules to
45 administer this section, including rules relating to procedures
46 and forms for facilitating, monitoring, and verifying compliance
47 with this section.
48 (5) By December 31, 2012, all airports within the Florida
49 airport system, as defined in s. 332.004(9), Florida Statutes,
50 and deepwater ports, as provided in s. 403.021(9)(b), Florida
51 Statutes, which have scheduled commercial passenger service, may
52 allow for priority rotation of accessible taxicabs, along with
53 priority access to passengers seeking accessible taxicab
54 services.
55 Section 2. Paragraph (hhh) is added to subsection (7) of
56 section 212.08, Florida Statutes, to read:
57 212.08 Sales, rental, use, consumption, distribution, and
58 storage tax; specified exemptions.—The sale at retail, the
59 rental, the use, the consumption, the distribution, and the
60 storage to be used or consumed in this state of the following
61 are hereby specifically exempt from the tax imposed by this
62 chapter.
63 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
64 entity by this chapter do not inure to any transaction that is
65 otherwise taxable under this chapter when payment is made by a
66 representative or employee of the entity by any means,
67 including, but not limited to, cash, check, or credit card, even
68 when that representative or employee is subsequently reimbursed
69 by the entity. In addition, exemptions provided to any entity by
70 this subsection do not inure to any transaction that is
71 otherwise taxable under this chapter unless the entity has
72 obtained a sales tax exemption certificate from the department
73 or the entity obtains or provides other documentation as
74 required by the department. Eligible purchases or leases made
75 with such a certificate must be in strict compliance with this
76 subsection and departmental rules, and any person who makes an
77 exempt purchase with a certificate that is not in strict
78 compliance with this subsection and the rules is liable for and
79 shall pay the tax. The department may adopt rules to administer
80 this subsection.
81 (hhh) Accessible vehicles.—The sale or lease of accessible
82 vehicles is exempt from the tax imposed by this chapter. As used
83 in this paragraph, the term “accessible vehicle” means a vehicle
84 that is equipped with a lift or ramp designed specifically to
85 transport physically disabled persons or that contains any other
86 device designed to permit access to and enable the
87 transportation of physically disabled persons, including persons
88 who use wheelchairs, motorized wheelchairs, or similar mobility
89 aids; complies with the accessibility requirements of the
90 Americans with Disabilities Act of 1990, 49 C.F.R. ss. 38.23,
91 38.25, and 38.31, as amended, whether or not such regulations
92 would apply under federal law; meets all applicable federal
93 motor vehicle safety standards and regulations adopted
94 thereunder; and provides sufficient floor space to accommodate a
95 service animal. If such equipment is installed through an
96 aftermarket conversion of a stock vehicle, only the value of the
97 conversion is exempt from the tax imposed by this chapter.
98 Section 3. Subsection (12) of section 409.905, Florida
99 Statutes, is amended to read:
100 409.905 Mandatory Medicaid services.—The agency may make
101 payments for the following services, which are required of the
102 state by Title XIX of the Social Security Act, furnished by
103 Medicaid providers to recipients who are determined to be
104 eligible on the dates on which the services were provided. Any
105 service under this section shall be provided only when medically
106 necessary and in accordance with state and federal law.
107 Mandatory services rendered by providers in mobile units to
108 Medicaid recipients may be restricted by the agency. Nothing in
109 this section shall be construed to prevent or limit the agency
110 from adjusting fees, reimbursement rates, lengths of stay,
111 number of visits, number of services, or any other adjustments
112 necessary to comply with the availability of moneys and any
113 limitations or directions provided for in the General
114 Appropriations Act or chapter 216.
115 (12) TRANSPORTATION SERVICES.—
116 (a) The agency shall ensure that appropriate transportation
117 services are available for a Medicaid recipient in need of
118 transport to a qualified Medicaid provider for medically
119 necessary and Medicaid-compensable services, provided a client’s
120 ability to choose a specific transportation provider shall be
121 limited to those options resulting from policies established by
122 the agency to meet the fiscal limitations of the General
123 Appropriations Act. The agency may pay for transportation and
124 other related travel expenses as necessary only if these
125 services are not otherwise available.
126 (b) In order to receive payment for transportation
127 services, the transportation provider must certify to the agency
128 that the vehicles used to provide such services comply with the
129 accessibility requirements of the Americans with Disabilities
130 Act of 1990, 49 C.F.R. ss. 38.23, 38.25, and 38.31, as amended,
131 whether or not such regulations would apply under federal law;
132 meet all applicable federal motor vehicle safety standards and
133 regulations adopted thereunder; and provide sufficient floor
134 space to accommodate a service animal.
135 Section 4. This act shall take effect July 1, 2012.