Florida 2024 2024 Regular Session

Florida Senate Bill S1380 Analysis / Analysis

Filed 02/28/2024

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Fiscal Policy  
 
BILL: CS/CS/SB 1380 
INTRODUCER:  Appropriations Committee on Health and Human Services; Transportation Committee; 
and Senator Hutson 
SUBJECT:  Transportation Services for Persons with Disabilities and the Transportation 
Disadvantaged 
DATE: February 26, 2024 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Johnson Vickers TR Fav/CS 
2. Howard McKnight AHS  Fav/CS 
3. Johnson Yeatman FP Favorable 
 
Please see Section IX. for Additional Information: 
COMMITTEE SUBSTITUTE - Substantial Changes 
 
I. Summary: 
CS/CS/SB 1380 relates to special transportation services for persons with disabilities. The bill: 
 Defines the terms “immediate family member,” “request for service,” and “transportation 
service provider.” 
 Revises the membership of the Commission for Transportation Disadvantaged (commission). 
 Removes a fingerprinting and background check requirement for commission members. 
 Requires the commission to: 
o Provide best practices, latest technological innovations and preferential vendors list to 
county transportation disadvantaged program managers. 
o Annually review and conduct a performance audit of each coordinator contract and 
transportation operator contract. 
o Establish a system for resolving complaints. 
 Revises commission reporting requirements to include information on complaints, cost of 
service, contracts, funds provided by the commission, and the results of performance audits. 
 Requires paratransit drivers attend training programs provided through the Agency for 
Persons with Disabilities (APD). 
 Requires providers to provide training to each paratransit driver that meets the APD 
requirements for the professional development of staff providing direct services. 
 Requires providers to offer specific technology-based ride booking and vehicle tracking 
services that must be in accessible formats and regularly maintained and upgraded. 
REVISED:   BILL: CS/CS/SB 1380   	Page 2 
 
 Requires providers to offer both pre-booking and on-demand service to paratransit service 
users. 
 Requires a provider and its contracted local government entity to establish reasonable time 
periods between a trip request and arrival, best practices for limiting travel times, and 
transparency regarding the quality of services, including timelines and handling of 
complaints. 
 Requires the APD, in collaboration with the FDOT, to establish requirements for the 
investigation of adverse incidents reported to the provider and/or local government, including 
periodic review of ongoing investigations and documentation of final outcomes.  
 Requires the APD and the FDOT to investigate an adverse incident within 48 hours after 
receipt of the report. 
 Removes the exemption from competitive bidding requirements for local government entities 
to enter into contracts with special transportation providers serving persons with disabilities. 
 
The bill may have a significant negative fiscal impact to private transportation providers, local 
governments, the APD and the commission. See Section V., Fiscal Impact Statement. 
 
The bill takes effect on July 1, 2024. 
II. Present Situation: 
There are numerous federal, state and local programs supporting the delivery of transportation 
services for persons with disabilities, often referred to as “paratransit,”
1
 that are usually 
scheduled between the individual and transportation provider and provided on a door-to-door or 
curb-to-curb basis.
2
 
 
The Florida Commission for the Transportation Disadvantaged (commission)
3
 operates a 
statewide transportation disadvantaged program supporting the coordination of transportation 
services for persons with disabilities as well as older adults, individuals with low-income, and at-
risk children who require access to critical activities within their communities.
4
 
 
The federal Americans with Disabilities Act affords complementary paratransit services for 
individuals with disabilities who are unable to access a fixed bus route, if available, within their 
community.
5
 
 
                                                
1
 Section 427.011(9), F.S., defines the term “paratransit” to mean those elements of public transit which provide service 
between specific origins and destinations selected by the individual user with such service being provided at a time that is 
agreed upon by the user and provider of the service. Paratransit service is provided by taxis, limousines, “dial-a-ride,” buses, 
and other demand-responsive operations that are characterized by their nonscheduled, nonfixed route nature. 
2
 Commission for Transportation Disadvantaged (Commission), Agency Analysis of 2024 Senate Bill 1380, p. 1. (On file with 
the Senate Committee on Transportation). 
3
 The Commission for Transportation Disadvantaged is administratively housed in, but independent from, the Florida 
Department of Transportation. 
4
 Supra note 2. 
5
 Commission for Transportation Disadvantaged (Commission), Agency Analysis of 2024 Senate Bill 1380, p. 1. (On file with 
the Senate Committee on Transportation).  BILL: CS/CS/SB 1380   	Page 3 
 
The Agency for Persons with Disabilities (APD) operates a Medicaid waiver program that 
provides home and community-based services, including transportation, to eligible individuals 
with intellectual and developmental disabilities.
6
 
 
Medicaid Non-Emergency Transportation services are paratransit services funded under the 
Agency for Health Care Administration’s Managed Medical Assistance program to allow 
Medicaid recipients to access health care appointments.
7
 
 
Federal Transit Administration grant programs provides funding to states and transit systems to 
support the purchase of capital equipment and other operating expenses related to serving 
persons with disabilities and other groups.
8
 
 
Each of the above programs has its own eligibility criteria and regulatory standards for 
transportation providers. For example, the Florida Department of Transportation (FDOT) is 
responsible for establishing and regulating safety standards pertaining to public transportation 
funded by the FDOT and Federal Transit Administration programs.
9
 Additionally, each program 
has a different process in place for resolving complaints and grievances related to eligibility and 
provision of services.
10
 
 
Overview of the Transportation Disadvantaged Program 
Florida’s Transportation Disadvantaged (TD) Program
11
 supports the coordination of 
transportation services for individuals who are “transportation disadvantaged.” The Legislature 
specifically defined the TD population as “persons who because of physical or mental disability, 
income status, or age are unable to transport themselves or to purchase transportation and are, 
therefore, dependent upon others to obtain access to health care, employment, education, 
shopping, social activities, or other life‐sustaining activities.”
12
 The purpose of coordination is to 
ensure that transportation services are provided to the TD eligible customers “in a manner that is 
cost-effective, efficient, and reduces fragmentation and duplication of services.”
1314
 
 
The commission administers the Transportation Disadvantaged Trust Fund,
15
 where a majority of 
its funds are used to purchase paratransit services “not sponsored” or subsidized by any other 
agency or funding source.
16
 The TD Program consists of centralized (statewide) policy 
development and decentralized local implementation.
17
 
                                                
6
 Id. 
7
 Id. 
8
 Id. 
9
 See s. 341.061, F.S., and Chapter 14-90, Florida Administrative Code. 
10
 Supra note 5. 
11
 Sections 427.011-427.017, F.S. 
12
 Section 427.011(1), F.S. 
13
 Section 427.011(11), F.S. 
14
 Supra note 5. 
 
15
 The Transportation Disadvantaged Trust Fund is established in s. 427.0159, F.S. 
16
 Sections 427.011(12) and 427.0159(3), F.S. 
17
 Commission for Transportation Disadvantaged (Commission), Agency Analysis of 2024 Senate Bill 1380, p. 1. (On file 
with the Senate Committee on Transportation).  BILL: CS/CS/SB 1380   	Page 4 
 
 
The community transportation coordinator
18
 is responsible for arranging transportation services 
to the TD population within a designated county or multi-county service area. The community 
transportation coordinator may be a local government, such as a board of county commissioners, 
transit agency, not-for-profit organization, or for-profit company designated by the commission. 
 
The official planning agency
19
 is responsible for planning for the needs of and services for the 
TD population within its designated service area, including recommending an entity to serve as 
the community transportation coordinator. The planning agency may be a metropolitan planning 
organization, regional planning council, or similar entity designated by the commission. 
 
The local coordinating board
20
 is an advisory board responsible for assisting the community 
transportation coordinator in meeting the TD needs of its designated service area. Local 
coordinating board members are appointed by the planning agency and represent riders and their 
advocates, human service agencies, and other stakeholders of the TD Program.
21
 
 
Commission for Transportation Disadvantaged 
The commission consists of seven members appointed by the Governor based on the following 
qualifications:
22
 
 Five members must have significant experience in the operation of a business, and it is the 
intent of the Legislature that, when making an appointment, the Governor select persons who 
reflect the broad diversity of the state’s business community, as well as the state’s racial, 
ethnic, geographical, and gender diversity. 
 Two members must have a disability and use the transportation disadvantaged system. 
 Each member must be a Florida resident and a registered voter. 
 At least one member must be at least 65 years of age. 
 A member may not, within the five years immediately before his or her appointment, or 
during his or her term on the commission, have or have had a financial relationship with, or 
represent or have represented as a lobbyist, for the following: a transportation operator; a 
community transportation coordinator; a metropolitan planning organization (MPO);
23
 a 
                                                
18
 Section 427.011(5), F.S., defines the term “community transportation coordinator” to mean a transportation entity 
recommended by a metropolitan planning organization, or by the appropriate designated official planning agency as provided 
for in ss. 427.011-427.017, F.S., in an area outside the purview of a metropolitan planning organization, to ensure that 
coordinated transportation services are provided to the transportation disadvantaged population in a designated service area. 
19
 Section 427.015, F.S. 
20
 Section 427.011(7), F.S., defines the term “coordinating board” to mean an advisory entity in each designated service area 
composed of representatives appointed by the metropolitan planning organization or designated official planning agency, to 
provide assistance to the community transportation coordinator relative to the coordination of transportation services. 
21
 Supra note 17. 
22
 Section 427.012(1), F.S. 
23
 Section 427.011(2), F.S., defines the term “metropolitan planning organization” as the organization responsible for 
carrying out transportation planning and programming in accordance with the provisions of 23 U.S.C. § 134, as provided in 
23 U.S.C. § 104(f)(3).  BILL: CS/CS/SB 1380   	Page 5 
 
designated official planning agency; a purchasing agency;
24
 a local coordinating board; a 
broker of transportation; or a provider of transportation services. 
 Each candidate for appointment to the Commission must, before accepting the appointment, 
submit fingerprints and pass a level 2 background screening. 
 
Additionally, the following individuals, or senior management level representatives, must serve 
as ex officio, nonvoting advisors to the commission:
25
 
 The Secretary of Transportation;  
 The Secretary of Children and Families;  
 The Secretary of Economic Opportunity;  
 The executive director of the Department of Veterans’ Affairs;  
 The Secretary of Elderly Affairs;  
 The Secretary of Health Care Administration;  
 The director of the Agency for Persons with Disabilities; and  
 A county manager or administrator who is appointed by the Governor. 
 
Duties of the Commission 
The statutory mandates for the Commission to carry out its purpose include, among other 
requirements, the following: 
 Compile all available information on the transportation operations for and needs of the 
transportation disadvantaged in the state. 
 Establish statewide objectives for providing transportation services for the transportation 
disadvantaged. 
 Develop policies and procedures for the coordination
26
 of local government, federal, and 
state funding for the transportation disadvantaged. 
 Identify barriers prohibiting the coordination and accessibility of transportation services to 
the transportation disadvantaged and aggressively pursue the elimination of these barriers. 
 Serve as a clearinghouse for information about transportation disadvantaged services, 
training, funding sources, innovations, and coordination efforts. 
 Assist communities in developing transportation systems designed to serve the transportation 
disadvantaged. 
 Approve the appointment of all community transportation coordinators. 
 Have the authority to apply for and accept funds, grants, gifts, and services from the federal 
government, state government, local governments, or private funding sources. 
 Make an annual report to the Governor and Legislature by January 1
st
, of each year. 
 Prepare a statewide five-year transportation disadvantaged plan that addresses the 
transportation problems and needs of the transportation disadvantaged that is fully 
coordinated with local transit plans, compatible with local government comprehensive plans, 
                                                
24
 Section 427.011(8), F.S., defines the term “purchasing agency” which is defined to mean a department or agency whose 
head is an ex officio, nonvoting adviser to the Commission, or an agency that purchases transportation services for the 
transportation disadvantaged. 
25
 Section 427.012(1)(g), F.S. 
26
 Section 427.077(11), F.S., defines the term “coordination” to mean the arrangement for the provision of transportation 
services to the transportation disadvantaged in a manner that is cost-effective, efficient, and reduces fragmentation and 
duplication of services.  BILL: CS/CS/SB 1380   	Page 6 
 
and that ensures that the most cost-effective and efficient method of providing transportation 
to the disadvantaged is programmed for development. 
 Develop an interagency, uniform contracting and billing and accounting system that must be 
used by all community transportation coordinators and their transportation operators. 
 Develop and maintain a transportation disadvantaged manual. 
 Design and develop transportation disadvantaged training programs. 
 Coordinate all transportation disadvantaged programs with appropriate state, local, and 
federal agencies and public transit agencies to ensure compatibility with existing 
transportation systems. 
 Designate the official planning agency in areas outside of the purview of an MPO. 
 Develop need-based criteria that must be used by all community transportation coordinators 
to prioritize the delivery of nonsponsored transportation disadvantaged services
27
 that are 
purchased with Transportation Disadvantaged Trust Fund moneys. 
 Establish a review procedure to compare the rates proposed by alternate transportation 
operators with the rates charged by a community transportation coordinator (CTC) to 
determine which rate is more cost-effective. 
 Conduct a cost-comparison study of single-coordinators, multicoordinators, and brokered 
CTC networks to ensure that the most cost-effective and efficient method of providing 
transportation to the transportation disadvantaged is programmed for development. 
 Develop a quality assurance and management review program to monitor, based upon 
approved commission standards, services contracted for by an agency, and those provided by 
a community transportation operator. 
 Ensure that local community transportation coordinators work cooperatively with local 
workforce development boards
28
 to provide assistance in the development of innovative 
transportation services for participants in the welfare transition program.
29
 
 
Commission for Transportation Disadvantaged Services and Regulations 
The commission contracts with community transportation coordinators to deliver “non-
sponsored” paratransit services and bus pass subsidies that are reimbursed under the 
Transportation Disadvantaged Trust Fund. A community transportation coordinator may directly 
provide transportation services and/or contract with other organizations, such as transportation 
operators, to serve transportation disadvantaged riders in their community. In addition to what is 
funded under the Transportation Disadvantaged Trust Fund, the community transportation 
coordinator may also work with other purchasing agencies or other programs to provide 
transportation services. For example, if a community transportation coordinator operates a fixed 
bus route system, it must provide complementary paratransit services under the federal 
Americans with Disabilities Act that are regulated by the Federal Transit Administration.
30
 
  
                                                
27
 Section 427.011(12), F.S., defines the term “nonsponsored transportation disadvantaged services” to mean transportation 
disadvantaged services that are not sponsored or subsidized by any funding source other than the Transportation 
Disadvantaged Trust Fund. 
28
 Workforce development boards are established in ch. 445, F.S. 
29
 Section 427.013, F.S. 
30
 Section 427.013, F.S.  BILL: CS/CS/SB 1380   	Page 7 
 
The commission develops policies and procedures to fulfill its statutory obligations that are 
implemented through administrative rule. Commission policies pertaining to safety standards 
include requirements for community transportation coordinators and their transportation 
operators on: 
 Drug and alcohol testing and background screening. 
 Safety of passengers during transfer points. 
 Providing a local toll-free number (including the TD Helpline) for passenger complaints and 
grievances. 
 Vehicle cleanliness, seating, and communications equipment. 
 Maintaining passenger/trip data. 
 Establishing pick-up windows and advanced notifications for passengers to obtain services.
31
 
 
However, these regulations do not require the use of a website or mobile application for tracking 
vehicle location. The commission conducts biennial quality assurance reviews of each 
community transportation coordinator to ensure compliance with ch. 427, F.S., and Rule 41-2, 
Florida Administrative Code. Community transportation coordinators that receive the 
FDOT/Federal Transit Administration funding are also subject to triennial reviews by the FDOT 
to ensure compliance with safety standards.
32
 
 
TD Program Complaint and Grievance Process 
Chapter 427, F.S., creating the TD program, does not expressly authorize the commission to hear 
or determine the TD service-related complaints or grievances. However, the commission requires 
all local systems to have written procedures in addressing/resolving complaints and grievances.
33
 
The commission’s guidance on the complaint/grievance process identifies the following steps: 
 A complaint must be filed at the local level, and is usually addressed by the community 
transportation coordinator. 
 If the complaint is not resolved, the complainant may file a grievance with the local 
coordinating board. Each local coordinating board must appoint a Grievance Committee to 
process and investigate complaints and recommend service improvements to the local 
coordinating board and/or commission if a resolution is not reached.  
 Once a grievance has been addressed by the local coordinating board and it remains 
unresolved, it may be referred to the commission to assist the grievant in facilitating a mutual 
acceptable resolution.
3435
 
 
Apart from the above grievance procedures, aggrieved parties may also have recourse through 
the administrative hearings process.
36
 
 
                                                
31
 Id. 
32
 Id. 
33
 Id. 
34
 Rule 41-2.012(5)(c), Florida Administrative Code. 
35
 Commission for Transportation Disadvantaged (Commission), Agency Analysis of 2024 Senate Bill 1380, p. 1. (On file 
with the Senate Committee on Transportation). 
36
 Commission for Transportation Disadvantaged (Commission), Agency Analysis of 2024 Senate Bill 1380, p. 4. (On file 
with the Senate Committee on Transportation). The administrative hearing process is pursuant to ch. 120, F.S., the 
Administrative Procedures Act.  BILL: CS/CS/SB 1380   	Page 8 
 
Procurement of Commodities and Contractual Services 
Section 287.057, F.S., requires the acquisition commodities and contractual services, in excess of 
$35,000, be by competitive sealed bids, request for proposals or by competitive negotiations, 
unless specifically exempted.
37
 Specific exemptions include, but are not limited to, when there is 
an immediate danger to public health safety and welfare, commodities and contractual services 
only available from a single source, and certain FDOT contracts.
38
 
III. Effect of Proposed Changes: 
Definitions (Section 1) 
Section 1 amends s. 427.011, F.S., to alphabetize the definitions relating to special transportation 
services and define the following terms:  
 “Immediate family member” which is defined to mean a spouse, child, parent, sibling, 
grandparent, aunt, uncle, or first cousin of a person or the person’s spouse or a person who 
resides in the primary residence of the person. 
 “Request for service” which is defined to mean a request made to a transportation service 
provider by a person with a disability, or by such person’s immediate family member, for 
paratransit service. 
 “Transportation service provider” which is defined to mean an organization or entity that 
contracts with a local government to provide paratransit service for persons with disabilities. 
 
Membership of the Commission (Section 2) 
Section 2 amends s. 427.012, F.S., to increase the commission’s membership to 14 members, 
rather than seven members, appointed by the Governor. The commission’s membership will be 
as follows: 
 The Director of the Agency for Persons with Disabilities (APD). 
 The Secretary of Transportation or his or her designee from within the Florida Department of 
Transportation (FDOT). 
 The Secretary of the Department of Children and Families (DCF) or his or her designee from 
within the DCF. 
 The Secretary of the Department of Elder Affairs. 
 The State Surgeon General or his or her designee from within the Department of Health. 
 Two county managers or administrators, one from a rural county and one from a county with 
a population of more than 150,000 according to the last state census. 
 The chief executive officer or president of a hospital in this state. 
 The Director of the Division of Blind Services. 
 Five members who have experience in transit, transportation services, innovative technology, 
government procurement, mobility, or service of persons with disabilities or who have 
disabilities and use transportation for the transportation disadvantaged. 
 
                                                
37
 Florida Department of Transportation (FDOT), Doing Business with the FDOT, 
https://www.fdot.gov/procurement/doingbusiness.shtm (last visited January 25, 2024). 
38
 Section 287.057(3), F.S.  BILL: CS/CS/SB 1380   	Page 9 
 
Each commission member must be a Florida resident. Appointed members must serve four-year 
terms, except that initially, to provide for staggered terms, the Governor must appoint three 
members to serve two-year terms and two members to serve three-year terms. All subsequent 
appointments are for four-year terms. A member may be reappointed for one additional four-year 
term. 
 
The bill removes the requirement for commission members to submit fingerprints and pass a 
Level 2 background screening. The bill also removes the prohibition on members of the 
commission having a financial relationship with specified entities or representing such entities as 
a lobbyist. 
 
Duties of the Commission (Section 3) 
Section 3 amends s. 427.013, F.S., to require the commission to: 
 Provide best practices, latest technology innovations, and preferential vendor’s lists to county 
transportation disadvantaged program managers. 
 Annually review and conduct a performance audit of each coordinator contract and 
transportation operator contract in each county. 
 Establish a system for the filing, receipt, and resolution of complaints regarding the 
transportation disadvantaged system. 
 Include in its annual report a summary for each county of the number of complaints filed 
regarding the transportation disadvantaged system, contract satisfaction, a breakdown of the 
total cost of services, the amount of funds provided by the commission, and the results of 
annual performance audits. 
 Ensure that drivers of motor vehicles used to provide paratransit service attend training 
programs delivered by the APD. 
 
Requirements for Transportation Services for Persons with Disabilities (Section 5) 
Section 5 creates s. 427.02, F.S., to require transportation service providers (provider) to provide 
training to each driver of a motor vehicle used to provide paratransit service to persons with 
disabilities that, at a minimum, meets the APD requirements for training and professional 
development of staff providing direct services to the APD’s clients. 
 
A provider must offer Internet-based, application-based, and smartphone-based ride booking and 
vehicle tracking services. Each of these services must be provided in accessible formats. 
 
A provider must regularly maintain and upgrade all technology-based services and offer pre-
booking and on-demand service to paratransit service users. 
 
A provider, in collaboration with the local government that the provider contracts with, must 
establish: 
 Reasonable time periods between a request for service and the provider’s arrival at the 
location specified in the request, taking into account the number of persons requesting 
paratransit service on the same date, the distance between locations, usual or expected traffic 
conditions during the provision of service, and any other factor the provider or local 
government deems necessary. If a provider exhibits a pattern of late arrivals based on such  BILL: CS/CS/SB 1380   	Page 10 
 
established reasonable time periods, the local government may authorize another provider to 
provide such paratransit service, including the acceptance of any prepaid vouchers for future 
paratransit services, notwithstanding the terms of the contract with the original provider. 
 Best practices for limiting the duration of travel times for persons receiving paratransit 
service. To avoid unreasonably long travel times, the provider and the local government must 
consider the level of service offered to persons without disabilities by a public entity 
operating a fixed route transit service as compared to the level of paratransit service offered 
by the provider.
39
 
 Transparency regarding the quality of paratransit service provided by the provider, including, 
but not limited to, data relating to the timeliness of service provided and the handling of 
complaints. 
 An efficient system for the reporting of adverse incidents occurring during the provision of 
paratransit service to persons with disabilities. Such system may include assigning a quick-
response code to each motor vehicle used to provide such service for the purpose of reporting 
adverse incidents with a smartphone or other mobile device. Reports of adverse incidents 
received by the local government or the special transportation service provider must be 
submitted to the APD and the FDOT. 
 
The bill requires the APD, in collaboration with the FDOT, to establish requirements for 
investigating reported adverse incidents, including periodic review of ongoing investigations and 
documentation of final outcomes. The investigation of a reported adverse incident must 
commence within 48 hours after the APD and the FDOT receive the report. 
 
The bill provides that s. 287.057, F.S. that exempts the procurement of contractual services from 
competitive bidding requirements does not apply to contracts entered into by local governments 
and special transportation service providers for the provision of special transportation services 
for persons with disabilities. 
 
Conforming Change (Section 4) 
Section 4 amends s. 427.0159, F.S., to conform a cross-reference. 
 
Effective Date (Section 6) 
Section 6 provides an effective date of July 1, 2024. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
                                                
39
 This is in accordance with 49 C.F.R. s. 37.121.  BILL: CS/CS/SB 1380   	Page 11 
 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
Transportation service providers will incur indeterminate costs to offer pre-booking and 
on-demand service to paratransit service users and to comply with other provisions of the 
bill. 
C. Government Sector Impact: 
CS/CS/SB 1380 will have an indeterminate, significant, negative fiscal impact on the 
Commission for Transportation Disadvantaged (CTD) associated with the requirements 
of the bill. The CTD would require dedicated full-time equivalent (FTE) positions and 
data collection systems to receive, investigate, report, and follow-up on the outcome of 
adverse incidents.
40
 
 
CS/CS/SB 1380 will also have a negative fiscal impact on the Agency for Persons with 
Disabilities (APD) to investigate reported adverse incidents reported under provisions 
created in the bill.  
 
The APD estimates a need of $975,000 in funding from the General Revenue Fund, of 
which $50,670 is nonrecurring. The APD estimates they would need at least 10 FTE, and 
related expense funding, to handle investigative requirements in the bill. This includes 
one position for each of their six regions, plus an additional three positions for three of 
their biggest regions (Suncoast, Central, and Southeast), and one position in the state 
office to oversee the initiative. Estimated salary costs equal $861,000, including 
$756,000 for positions in the six regions and $105,000 for one position in the state office, 
                                                
40
 Florida Commission for the Transportation Disadvantaged, Senate Bill CS/SB 1380 analysis (February 16, 2024) (on file 
with the Senate Appropriations Committee on Health and Human Services).  BILL: CS/CS/SB 1380   	Page 12 
 
plus an expense package for each position estimated at $114,000 including $50,670 in 
nonrecurring funding.
41
 
 
The APD also estimates a need for an indeterminate amount of funding for a data 
reporting system for providers to report adverse incidents regarding transportation 
services, as required in section 5 of the bill, in the Incident Management System. The 
system would need to interface with the Florida Department of Transportation.
42
  
 
Local governments that serve as community transportation coordinators may incur an 
indeterminate, significant negative fiscal impact associated with offering pre-booking and 
on-demand service to paratransit service users and establishing various technologies 
required by the bill. 
VI. Technical Deficiencies: 
Section 1 of the bill defines terms for newly created s. 427.02, F.S. However, the bill does not 
incorporate s. 427.02, F.S., into the cross-reference of sections that the definitions section applies 
to. Similar conforming changes may need to be made to the definition of “community 
transportation coordinator” and s. 427.013(10), F.S., providing the commission with rulemaking 
authority. 
VII. Related Issues: 
The bill creates new requirements for organizations providing transportation services to 
individuals with disabilities. However, the bill is not clear as to which agency is responsible for 
the implementation, oversight, monitoring and costs associated with certain services specified in 
the bill. 
 
The bill does not define the term “adverse incident,” nor does it specify whether such incidents 
include complaints related to violations under the federal Americans with Disabilities Act. 
VIII. Statutes Affected: 
This bill substantially amends the following sections of Florida Statutes: 427.011, 427.012, 
427.013, and 427.0159. 
 
This bill creates section 427.02 of the Florida Statutes. 
                                                
41
 Agency for Persons with Disabilities, Senate Bill CS/SB 1380 fiscal analysis summary (February 12, 2024) (on file with 
the Senate Appropriations Committee on Health and Human Services). 
42
 Id.  BILL: CS/CS/SB 1380   	Page 13 
 
IX. Additional Information: 
A. Committee Substitute – Statement of Substantial Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
CS/CS by Appropriations Committee on Health and Human Services on February 
20, 2024: 
The committee substitute: 
 Removes the requirement for transportation services providers to install an interior 
video camera monitoring system within each paratransit vehicle, with specific 
instructions on camera placement. 
 Removes the requirement for transportation services providers to provide footage 
captured by the video camera monitoring system to the local government, the Florida 
Department of Transportation, the Agency for Persons with Disabilities, or legal 
guardian of the passenger. 
 
CS by Transportation on February 6, 2024: 
The committee substitute: 
 Revises the membership of the Commission for Transportation Disadvantaged 
(commission). 
 Removes background screening and fingerprinting requirements for commission 
members. 
 Requires the commission to: 
o Provide best practices, latest technological innovations and preferential vendors 
list to county transportation disadvantaged program managers. 
o Annually review and conduct a performance audit of each coordinator contract 
and transportation operator contract. 
o Establish a system for resolving complaints. 
 Revises commission reporting requirements to include information on complaints, 
cost of service, contracts, funds provided by the commission, and the results of 
performance audits. 
 Requires paratransit drivers to attend training programs provided through the Agency 
for Persons with Disabilities. 
 Revises provisions regarding mobile application or web-based information to provide 
for smartphone based ride booking and vehicle tracking. 
 Requires providers to maintain and upgrade specified technology-based services. 
 Requires the offering of pre-booking and on-demand services for paratransit users. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.