Florida 2024 2024 Regular Session

Florida House Bill H1673 Comm Sub / Bill

Filed 02/01/2024

                       
 
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A bill to be entitled 1 
An act relating to transportation services for persons 2 
with disabilities and the transportation 3 
disadvantaged; amending s. 427.011, F.S.; providing 4 
definitions; amending s. 427.012, F.S.; revising 5 
membership of the Commission for the Transportation 6 
Disadvantaged and qualifications therefor; providing 7 
for staggered terms; amending s. 427.013, F.S.; 8 
revising duties of the commission; amending s. 9 
427.0159, F.S.; conforming a cross -reference; creating 10 
s. 427.02, F.S.; providing responsibilities of a 11 
transportation service provider with respect to driver 12 
training, installation of video camera monitoring 13 
systems, and technology -based services; requiring a 14 
transportation service provider and the local 15 
government with which the provider contracts to 16 
establish standards relating to reasonable time 17 
periods between a request for service and the arrival 18 
of the provider, limitation of the duration of travel 19 
times, transparency regarding the quality of service 20 
provided, and a system for the reporting of adverse 21 
incidents; requiring reports of adverse incidents to 22 
be submitted to the Agency for Persons with 23 
Disabilities and the Department of Transportation; 24 
requiring the agency and the department to establish 25     
 
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requirements for the investigation of adverse 26 
incidents; requiring such an investigation to commence 27 
within a certain timeframe; providing nonapplicability 28 
of provisions exempting the purchase of contractual 29 
services from competitive bidding requirements; 30 
providing an effective date. 31 
 32 
Be It Enacted by the Legislature of the State of Florida: 33 
 34 
 Section 1.  Section 427.011, Florida Statutes, is amended 35 
to read: 36 
 427.011  Definitions. —For the purposes of ss. 427.011-37 
427.02 ss. 427.011-427.017: 38 
 (1)(3) "Agency" means an official, officer, commission, 39 
authority, council, committee, department, division, bureau, 40 
board, section, or any other unit or entity of the state or of a 41 
city, town, municipality, county, or other local governing body 42 
or a private nonprofit transportation service -providing agency. 43 
 (2)(5) "Community transportation coordinator" means a 44 
transportation entity recommended by a metropolitan planning 45 
organization, or by the appropriate designated official planning 46 
agency as provided for in ss. 427.011 -427.017 in an area outside 47 
the purview of a metropolitan planning organization, to ensure 48 
that coordinated transportation services are provided to the 49     
 
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transportation disadvantaged population in a designated service 50 
area. 51 
 (3)(7) "Coordinating board" means an advisory entity in 52 
each designated service area comp osed of representatives 53 
appointed by the metropolitan planning organization or 54 
designated official planning agency, to provide assistance to 55 
the community transportation coordinator relative to the 56 
coordination of transportation services. 57 
 (4)(11) "Coordination" means the arrangement for the 58 
provision of transportation services to the transportation 59 
disadvantaged in a manner that is cost -effective, efficient, and 60 
reduces fragmentation and duplication of services. 61 
 (5)  "Immediate family member" means a spo use, child, 62 
parent, sibling, grandparent, aunt, uncle, or first cousin of a 63 
person or the person's spouse or a person who resides in the 64 
primary residence of the person. 65 
 (6)(2) "Metropolitan planning organization" means the 66 
organization responsible for c arrying out transportation 67 
planning and programming in accordance with the provisions of 23 68 
U.S.C. s. 134, as provided in 23 U.S.C. s. 104(f)(3). 69 
 (7)(12) "Nonsponsored transportation disadvantaged 70 
services" means transportation disadvantaged services tha t are 71 
not sponsored or subsidized by any funding source other than the 72 
Transportation Disadvantaged Trust Fund. 73     
 
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 (8)(9) "Paratransit" means those elements of public 74 
transit which provide service between specific origins and 75 
destinations selected by the in dividual user with such service 76 
being provided at a time that is agreed upon by the user and 77 
provider of the service. Paratransit service is provided by 78 
taxis, limousines, "dial -a-ride," buses, and other demand -79 
responsive operations that are characterized by their 80 
nonscheduled, nonfixed route nature. 81 
 (9)(8) "Purchasing agency" means a department or agency 82 
whose head is an ex officio, nonvoting adviser to the 83 
commission, or an agency that purchases transportation services 84 
for the transportation disadvantag ed. 85 
 (10)  "Request for service" means a request made to a 86 
transportation service provider by a person with a disability, 87 
or by such person's immediate family member, for paratransit 88 
service. 89 
 (11)(1) "Transportation disadvantaged" means those persons 90 
who because of physical or mental disability, income status, or 91 
age are unable to transport themselves or to purchase 92 
transportation and are, therefore, dependent upon others to 93 
obtain access to health c are, employment, education, shopping, 94 
social activities, or other life -sustaining activities, or 95 
children who are handicapped or high -risk or at-risk as defined 96 
in s. 411.202. 97     
 
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 (12)(10) "Transportation disadvantaged funds" means any 98 
local government, stat e, or available federal funds that are for 99 
the transportation of the transportation disadvantaged. Such 100 
funds may include, but are not limited to, funds for planning, 101 
Medicaid transportation, administration, operation, procurement, 102 
and maintenance of vehic les or equipment and capital 103 
investments. Transportation disadvantaged funds do not include 104 
funds for the transportation of children to public schools. 105 
 (13)(4) "Transportation improvement program" means a 106 
staged multiyear program of transportation improv ements, 107 
including an annual element, which is developed by a 108 
metropolitan planning organization or designated official 109 
planning agency. 110 
 (14)(6) "Transportation operator" means one or more 111 
public, private for-profit, or private nonprofit entities 112 
engaged by the community transportation coordinator to provide 113 
service to transportation disadvantaged persons pursuant to a 114 
coordinated system service plan. 115 
 (15)  "Transportation service provider" means an 116 
organization or entity that contracts with a local gover nment to 117 
provide paratransit service for persons with disabilities. 118 
 Section 2.  Section 427.012, Florida Statutes, is amended 119 
to read: 120 
 427.012  The Commission for the Transportation 121 
Disadvantaged.—There is created the Commission for the 122     
 
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Transportation Disadvantaged in the Department of 123 
Transportation. 124 
 (1)  The commission shall consist of 14 seven members, all 125 
of whom shall be appointed by the Governor, in accordance with 126 
the requirements of s. 20.052. 127 
 (2)  The commission shall be comprised of the foll owing 128 
members: 129 
 (a)  The director of the Agency for Persons with 130 
Disabilities. 131 
 (b)  The Secretary of Transportation or his or her designee 132 
from within the Department of Transportation. 133 
 (c)  The Secretary of Children and Families or his or her 134 
designee from within the Department of Children and Families. 135 
 (d)  The Secretary of Elderly Affairs. 136 
 (e)  The State Surgeon General or his or her designee from 137 
within the Department of Health. 138 
 (f)  Two county managers or administrators, one from a 139 
rural county and one from a county with a population of more 140 
than 150,000 according to the last state census. 141 
 (g)  The chief executive officer or president of a hospital 142 
in this state. 143 
 (h)  The director of the Division of Blind Services. 144 
 (i)  Five members who have expe rience in transit, 145 
transportation services, innovative technology, government 146 
procurement, mobility, or service of persons with disabilities 147     
 
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or who have disabilities and use transportation for the 148 
transportation disadvantaged. 149 
 (3)  Appointed members shall serve 4-year terms, except 150 
that initially, to provide for staggered terms, the Governor 151 
shall appoint three members to serve 2 -year terms and two 152 
members to serve 3-year terms. All subsequent appointments shall 153 
be for 4-year terms. A member may be reappoi nted for one 154 
additional 4-year term. 155 
 (4)  Each member must be a resident of the state. 156 
 (a)  Five of the members must have significant experience 157 
in the operation of a business, and it is the intent of the 158 
Legislature that, when making an appointment, the Governor 159 
select persons who reflect the broad diversity of the business 160 
community in this state, as well as the racial, ethnic, 161 
geographical, and gender diversity of the population of this 162 
state. 163 
 (b)  Two of the members must have a disability and use the 164 
transportation disadvantaged system. 165 
 (c)  Each member shall represent the needs of the 166 
transportation disadvantaged throughout the state. A member may 167 
not subordinate the needs of the transportation disadvantaged in 168 
general in order to favor the needs of others residing in a 169 
specific location in the state. 170 
 (d)  Each member shall be appointed to a term of 4 years. A 171 
member may be reappointed for one additional 4 -year term. 172     
 
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 (e)  Each member must be a resident of the state and a 173 
registered voter. 174 
 (f)  At any given time, at least one member must be at 175 
least 65 years of age. 176 
 (g)  The Secretary of Transportation, the Secretary of 177 
Children and Families, the Secretary of Economic Opportunity, 178 
the executive director of the Department of Veterans' Affairs, 179 
the Secretary of Elderly Affairs, the Secretary of Health Care 180 
Administration, the director of the Agency for Persons with 181 
Disabilities, and a county manager or administrator who is 182 
appointed by the Governor, or a senior management level 183 
representative of each , shall serve as ex officio, nonvoting 184 
advisors to the commission. 185 
 (h)  A member may not, within the 5 years immediately 186 
before his or her appointment, or during his or her term on the 187 
commission, have or have had a financial relationship with, or 188 
represent or have represented as a lobbyist as defined in s. 189 
11.045, the following: 190 
 1.  A transportation operator; 191 
 2.  A community transportation coordinator; 192 
 3.  A metropolitan planning organization; 193 
 4.  A designated official planning agency; 194 
 5.  A purchaser agency; 195 
 6.  A local coordinating board; 196 
 7.  A broker of transportation; or 197     
 
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 8.  A provider of transportation services. 198 
 (5)(2) The chair of the commission chairperson shall be 199 
appointed by the Governor, and the vice chair chairperson of the 200 
commission shall be elected annually from the membership of the 201 
commission. 202 
 (6)(3) Members of the commission shall serve without 203 
compensation but shall be allowed per diem and travel expenses , 204 
as provided in s. 112.061. 205 
 (7)(4) The commission shall meet at least quarterly, or 206 
more frequently at the call of the chair chairperson. Eight Four 207 
members of the commission constitute a quorum, and a majority 208 
vote of the members present is necessary for any action taken by 209 
the commission. 210 
 (8)(5) The Governor may remove a ny member of the 211 
commission for cause. 212 
 (6)  Each candidate for appointment to the commission must, 213 
before accepting the appointment, undergo background screening 214 
under s. 435.04 by filing with the Department of Transportation 215 
a complete set of fingerprint s taken by an authorized law 216 
enforcement agency. The fingerprints must be submitted to the 217 
Department of Law Enforcement for state processing, and that 218 
department shall submit the fingerprints to the Federal Bureau 219 
of Investigation for federal processing. The Department of 220 
Transportation shall screen the background results and inform 221 
the commission of any candidate who does not meet level 2 222     
 
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screening standards. A candidate who has not met level 2 223 
screening standards may not be appointed to the commission. T he 224 
cost of the background screening may be borne by the Department 225 
of Transportation or the candidate. 226 
 (9)(7) The commission shall appoint an executive director 227 
who shall serve under the direction, supervision, and control of 228 
the commission. The executiv e director, with the consent of the 229 
commission, shall employ such personnel as may be necessary to 230 
perform adequately the functions of the commission within 231 
budgetary limitations. Employees of the commission are exempt 232 
from the Career Service System. 233 
 (10)(8) The commission shall appoint a technical working 234 
group that includes representatives of private paratransit 235 
providers. The technical working group shall advise the 236 
commission on issues of importance to the state, including 237 
information, advice, and dir ection regarding the coordination of 238 
services for the transportation disadvantaged. The commission 239 
may appoint other technical working groups whose members may 240 
include representatives of community transportation 241 
coordinators; metropolitan planning organiza tions; regional 242 
planning councils; experts in insurance, marketing, economic 243 
development, or financial planning; and persons who use 244 
transportation for the transportation disadvantaged, or their 245 
relatives, parents, guardians, or service professionals who t end 246 
to their needs. 247     
 
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 (11)(9) The commission is assigned to the office of the 248 
secretary of the Department of Transportation for administrative 249 
and fiscal accountability purposes, but it shall otherwise 250 
function independently of the control, supervision, an d 251 
direction of the department. 252 
 (12)(10) The commission shall develop a budget pursuant to 253 
chapter 216. The budget is not subject to change by the 254 
department staff after it has been approved by the commission, 255 
but it shall be transmitted to the Governor, as head of the 256 
department, along with the budget of the department. 257 
 Section 3.  Subsections (8) through (29) of section 258 
427.013, Florida Statutes, are renumbered as subsections (10) 259 
through (31), respectively, subsection (5) and present 260 
subsections (13), (20), and (28) are amended, and new 261 
subsections (8) and (9) are added to that section, to read: 262 
 427.013  The Commission for the Transportation 263 
Disadvantaged; purpose and responsibilities. —The purpose of the 264 
commission is to accomplish the coordination o f transportation 265 
services provided to the transportation disadvantaged. The goal 266 
of this coordination is to assure the cost -effective provision 267 
of transportation by qualified community transportation 268 
coordinators or transportation operators for the transpo rtation 269 
disadvantaged without any bias or presumption in favor of 270 
multioperator systems or not -for-profit transportation operators 271     
 
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over single operator systems or for -profit transportation 272 
operators. In carrying out this purpose, the commission shall: 273 
 (5) Serve as a clearinghouse for information about 274 
transportation disadvantaged services, training, funding 275 
sources, innovations, and coordination efforts and provide best 276 
practices, latest technology innovations, and preferential 277 
vendors lists to county tra nsportation disadvantaged program 278 
managers. 279 
 (8)  Annually review and conduct a performance audit of 280 
each coordinator contract and transportation operator contract 281 
in each county. 282 
 (9)  Establish a system for the filing, receipt, and 283 
resolution of complain ts regarding the transportation 284 
disadvantaged system. 285 
 (15)(13) Make an annual report to the Governor, the 286 
President of the Senate, and the Speaker of the House of 287 
Representatives by January 1 of each year. The report shall 288 
summarize for each county the n umber of complaints filed 289 
regarding the transportation disadvantaged system, contract 290 
satisfaction, a breakdown of the total cost of services, the 291 
amount of funds provided by the commission, and the results of 292 
annual performance audits. 293 
 (22)(20) Ensure that drivers of motor vehicles used to 294 
provide paratransit service attend Design and develop 295     
 
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transportation disadvantaged training programs delivered by the 296 
Agency for Persons with Disabilities . 297 
 (30)(28) In consultation with the Agency for Health Care 298 
Administration and the Department of Transportation, develop an 299 
allocation methodology that equitably distributes all 300 
transportation funds under the control of the commission to 301 
compensate counties, community transportation coordinators, and 302 
other entities providing transportation disadvantaged services. 303 
The methodology shall separately account for Medicaid 304 
beneficiaries. The methodology shall consider such factors as 305 
the actual costs of each transportation disadvantaged trip based 306 
on prior-year information, efficiencies that a provider might 307 
adopt to reduce costs, results of the rate and cost comparisons 308 
conducted under subsections (26) (24) and (27) (25), as well as 309 
cost efficiencies of trips when compared to the local cost of 310 
transporting the general public . This subsection does not 311 
supersede the authority of the Agency for Health Care 312 
Administration to distribute Medicaid funds. 313 
 Section 4.  Subsection (4) of section 427.0159, Florida 314 
Statutes, is amended to read: 315 
 427.0159  Transportation Disadvantaged Trust Fund.— 316 
 (4)  A purchasing agency may deposit funds into the 317 
Transportation Disadvantaged Trust Fund for the commission to 318 
implement, manage, and administer the purchasing agency's 319     
 
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transportation disadvantaged funds, as defined in s. 427.011 s. 320 
427.011(10). 321 
 Section 5.  Section 427.02, Florida Statutes, is created to 322 
read: 323 
 427.02  Transportation services for persons with 324 
disabilities.— 325 
 (1)  A transportation service provider must: 326 
 (a)  Provide training to each driver of a motor vehicle 327 
used to provide paratransit service to persons with disabilities 328 
which, at a minimum, meets requirements established by the 329 
Agency for Persons with Disabilities for training and 330 
professional development of staff providing direct services to 331 
clients of the agency. 332 
 (b)1.  Install an interior video camera monitoring system 333 
in each motor vehicle used to provide paratransit service to 334 
persons with disabilities. Each component of the interior video 335 
camera monitoring system must be mounted securely inside the 336 
motor vehicle, must be located outside the head protection zone 337 
as described in 49 C.F.R. s. 571.222, must be located in an area 338 
in which the component is not likely to cause injury, and must 339 
have no sharp edges or projections. 340 
 2.  Upon request, provide access to foota ge captured by an 341 
interior video camera monitoring system to the local government, 342 
the Department of Transportation, the Agency for Persons with 343 
Disabilities, or a parent, legal guardian, caretaker, or 344     
 
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immediate family member of a person who receives parat ransit 345 
service from the transportation service provider. 346 
 (c)  Offer Internet-based, application-based, and 347 
smartphone-based ride booking and vehicle tracking services. 348 
Each of these services must be provided in accessible formats. 349 
 (d)  Regularly maintain and upgrade all technology -based 350 
services. 351 
 (e)  Offer both pre-booking and on-demand service to 352 
paratransit service users. 353 
 (2)  A transportation service provider, in collaboration 354 
with the local government with which the provider contracts, 355 
shall establish: 356 
 (a)  Reasonable time periods between a request for service 357 
and the arrival of the transportation service provider at the 358 
location specified in the request, taking into account the 359 
number of persons requesting paratransit service on the same 360 
date, the distance between locations, usual or expected traffic 361 
conditions during the provision of paratransit service, and any 362 
other factor deemed necessary by the provider or the local 363 
government. If a transportation service provider exhibits a 364 
pattern of late arrivals based on such established reasonable 365 
time periods, the local government may authorize another 366 
provider to provide such paratransit service, including the 367 
acceptance of any prepaid vouchers for future paratransit 368 
service, notwithstanding the terms of the contract with the 369     
 
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original provider. 370 
 (b)  Best practices for limiting the duration of travel 371 
times for persons receiving paratransit service. To avoid 372 
unreasonably long travel times, the provider and the local 373 
government shall consider the level of s ervice offered to 374 
persons without disabilities by a public entity operating a 375 
fixed route as compared to the level of paratransit service 376 
offered by the transportation service provider in accordance 377 
with 49 C.F.R. s. 37.121. 378 
 (c)  Transparency regarding th e quality of paratransit 379 
service provided by the transportation service provider, 380 
including, but not limited to, data relating to the timeliness 381 
of paratransit service provided and the handling of complaints. 382 
 (d)  An efficient system for the reporting of adverse 383 
incidents occurring during the provision of paratransit service 384 
to persons with disabilities. Such system may include the 385 
assignment of a quick -response code to each motor vehicle used 386 
to provide such service for the purpose of reporting adverse 387 
incidents with a smartphone or other mobile device. Reports of 388 
adverse incidents received by the local government or the 389 
transportation service provider shall be submitted to the Agency 390 
for Persons with Disabilities and the Department of 391 
Transportation. 392 
 (3) The Agency for Persons with Disabilities, in 393 
collaboration with the Department of Transportation, shall 394     
 
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establish requirements for the investigation of adverse 395 
incidents reported pursuant to paragraph (2)(d), including 396 
periodic review of ongoing investig ations and documentation of 397 
final outcomes thereof. The investigation of a reported adverse 398 
incident must commence within 48 hours after receipt of the 399 
report by the agency and the department. 400 
 (4)  The provisions of s. 287.057 which exempt the purchase 401 
of contractual services from competitive bidding requirements do 402 
not apply to contracts entered into by local governments and 403 
transportation service providers for the provision of 404 
paratransit service to persons with disabilities under this 405 
section. 406 
 Section 6.  This act shall take effect July 1, 2024. 407