CS/HB 1673 2024 CODING: Words stricken are deletions; words underlined are additions. hb1673-01-c1 Page 1 of 17 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 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 CS/HB 1673 2024 CODING: Words stricken are deletions; words underlined are additions. hb1673-01-c1 Page 2 of 17 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 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 CS/HB 1673 2024 CODING: Words stricken are deletions; words underlined are additions. hb1673-01-c1 Page 3 of 17 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 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 CS/HB 1673 2024 CODING: Words stricken are deletions; words underlined are additions. hb1673-01-c1 Page 4 of 17 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 (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 CS/HB 1673 2024 CODING: Words stricken are deletions; words underlined are additions. hb1673-01-c1 Page 5 of 17 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 (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 CS/HB 1673 2024 CODING: Words stricken are deletions; words underlined are additions. hb1673-01-c1 Page 6 of 17 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 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 CS/HB 1673 2024 CODING: Words stricken are deletions; words underlined are additions. hb1673-01-c1 Page 7 of 17 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 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 CS/HB 1673 2024 CODING: Words stricken are deletions; words underlined are additions. hb1673-01-c1 Page 8 of 17 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 (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 CS/HB 1673 2024 CODING: Words stricken are deletions; words underlined are additions. hb1673-01-c1 Page 9 of 17 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 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 CS/HB 1673 2024 CODING: Words stricken are deletions; words underlined are additions. hb1673-01-c1 Page 10 of 17 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 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 CS/HB 1673 2024 CODING: Words stricken are deletions; words underlined are additions. hb1673-01-c1 Page 11 of 17 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 (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 CS/HB 1673 2024 CODING: Words stricken are deletions; words underlined are additions. hb1673-01-c1 Page 12 of 17 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 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 CS/HB 1673 2024 CODING: Words stricken are deletions; words underlined are additions. hb1673-01-c1 Page 13 of 17 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 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 CS/HB 1673 2024 CODING: Words stricken are deletions; words underlined are additions. hb1673-01-c1 Page 14 of 17 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 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 CS/HB 1673 2024 CODING: Words stricken are deletions; words underlined are additions. hb1673-01-c1 Page 15 of 17 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 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 CS/HB 1673 2024 CODING: Words stricken are deletions; words underlined are additions. hb1673-01-c1 Page 16 of 17 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 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 CS/HB 1673 2024 CODING: Words stricken are deletions; words underlined are additions. hb1673-01-c1 Page 17 of 17 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 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