Florida 2024 2024 Regular Session

Florida House Bill H1673 Introduced / Bill

Filed 01/09/2024

                       
 
HB 1673  	2024 
 
 
 
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hb1673-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to transportation services for persons 2 
with disabilities; creating s. 427.02, F.S.; providing 3 
definitions; providing responsibilities of a 4 
transportation service provider with respect to driver 5 
background screening, driver training, installation of 6 
video camera monitoring systems, and maintenance of a 7 
website or mobile application that allows tracking of 8 
certain motor vehicles; requiring a tr ansportation 9 
service provider and the local government with which 10 
the provider contracts to establish standards relating 11 
to reasonable time periods between a request for 12 
service and the arrival of the provider, limitation of 13 
the duration of travel times, t ransparency regarding 14 
the quality of service provided, and a system for the 15 
reporting of adverse incidents; requiring reports of 16 
adverse incidents to be submitted to the Agency for 17 
Persons with Disabilities and the Department of 18 
Transportation; requiring t he agency and the 19 
department to establish requirements for the 20 
investigation of adverse incidents; requiring such an 21 
investigation to commence within a certain timeframe; 22 
providing nonapplicability of provisions exempting the 23 
purchase of contractual servic es from competitive 24 
bidding requirements; providing an effective date. 25     
 
HB 1673  	2024 
 
 
 
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Be It Enacted by the Legislature of the State of Florida: 27 
 28 
 Section 1.  Section 427.02, Florida Statutes, is created to 29 
read: 30 
 427.02  Transportation services for persons with 31 
disabilities.— 32 
 (1)  As used in this section, the term: 33 
 (a)  "Immediate family member" means a spouse, child, 34 
parent, sibling, grandparent, aunt, uncle, or first cousin of a 35 
person or the person's spouse or a person who resides in the 36 
primary residence of t he person. 37 
 (b)  "Paratransit service" means transportation between 38 
specific origins and destinations selected by an individual 39 
user, with such service being provided at a time that is agreed 40 
upon by the user and provider of the service. 41 
 (c)  "Request for service" means a request made to a 42 
transportation service provider by a person with a disability, 43 
or by such person's immediate family member, for paratransit 44 
service. 45 
 (d)  "Transportation service provider" or "provider" means 46 
an organization or entity t hat contracts with a local government 47 
to provide paratransit service for persons with disabilities. 48 
 (2)  A transportation service provider must: 49 
 (a)  Require each driver of a motor vehicle used to provide 50     
 
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paratransit service to persons with disabilities and each 51 
applicant for employment as a driver to successfully pass a 52 
level 2 background screening as provided in s. 435.04. Each such 53 
driver and applicant for employment as a driver must meet level 54 
2 screening standards as provided in s.  435.04  before 55 
employment and as a condition of continued employment. 56 
 (b)  Provide training to each driver of a motor vehicle 57 
used to provide paratransit service to persons with disabilities 58 
which, at a minimum, meets requirements established by the 59 
Agency for Persons wit h Disabilities for training and 60 
professional development of staff providing direct services to 61 
clients of the agency. 62 
 (c)1.  Install an interior video camera monitoring system 63 
in each motor vehicle used to provide paratransit service to 64 
persons with disabilities. Each component of the interior video 65 
camera monitoring system must be mounted securely inside the 66 
motor vehicle, must be located outside the head protection zone 67 
as described in 49 C.F.R. s. 571.222, must be located in an area 68 
in which the component is not likely to cause injury, and must 69 
have no sharp edges or projections. 70 
 2.  Upon request, provide access to footage captured by an 71 
interior video camera monitoring system to the local government, 72 
the Department of Transportation, the Agency for Pe rsons with 73 
Disabilities, or a parent, legal guardian, caretaker, or 74 
immediate family member of a person who receives paratransit 75     
 
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service from the transportation service provider. 76 
 (d)  Maintain a website or mobile application that allows 77 
tracking of the location or movement of each motor vehicle used 78 
to provide paratransit service to persons with disabilities 79 
using a global positioning system or another mapping, 80 
locational, or directional information system. Access to such 81 
website or mobile application mu st be restricted to the local 82 
government and the parents, legal guardians, caretakers, and 83 
immediate family members of persons who receive paratransit 84 
service from the transportation service provider. 85 
 (3)  A transportation service provider, in collaborati on 86 
with the local government with which the provider contracts, 87 
shall establish: 88 
 (a)  Reasonable time periods between a request for service 89 
and the arrival of the transportation service provider at the 90 
location specified in the request, taking into accoun t the 91 
number of persons requesting paratransit service on the same 92 
date, the distance between locations, usual or expected traffic 93 
conditions during the provision of paratransit service, and any 94 
other factor deemed necessary by the provider or the local 95 
government. If a transportation service provider exhibits a 96 
pattern of late arrivals based on such established reasonable 97 
time periods, the local government may authorize another 98 
provider to provide such paratransit service, including the 99 
acceptance of any prepaid vouchers for future paratransit 100     
 
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service, notwithstanding the terms of the contract with the 101 
original provider. 102 
 (b)  Best practices for limiting the duration of travel 103 
times for persons receiving paratransit service. To avoid 104 
unreasonably long trave l times, the provider and the local 105 
government shall consider the level of service offered to 106 
persons without disabilities by a public entity operating a 107 
fixed route as compared to the level of paratransit service 108 
offered by the transportation service prov ider in accordance 109 
with 49 C.F.R. s. 37.121. 110 
 (c)  Transparency regarding the quality of paratransit 111 
service provided by the transportation service provider, 112 
including, but not limited to, data relating to the timeliness 113 
of paratransit service provided and the handling of complaints. 114 
 (d)  An efficient system for the reporting of adverse 115 
incidents occurring during the provision of paratransit service 116 
to persons with disabilities. Such system may include the 117 
assignment of a quick -response (QR) code to each m otor vehicle 118 
used to provide such service for the purpose of reporting 119 
adverse incidents with a smartphone or other mobile device. 120 
Reports of adverse incidents received by the local government or 121 
the transportation service provider shall be submitted to th e 122 
Agency for Persons with Disabilities and the Department of 123 
Transportation. 124 
 (4)  The Agency for Persons with Disabilities, in 125     
 
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collaboration with the Department of Transportation, shall 126 
establish requirements for the investigation of adverse 127 
incidents reported pursuant to paragraph (3)(d), including 128 
periodic review of ongoing investigations and documentation of 129 
final outcomes thereof. The investigation of a reported adverse 130 
incident must commence within 48 hours after receipt of the 131 
report by the agency an d the department. 132 
 (5)  The provisions of s. 287.057 which exempt the purchase 133 
of contractual services from competitive bidding requirements do 134 
not apply to contracts entered into by local governments and 135 
transportation service providers for the provision of 136 
paratransit service to persons with disabilities under this 137 
section. 138 
 Section 2.  This act shall take effect July 1, 2024. 139