Bill Amendment: FL S1380 | 2024 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Transportation Services for Persons with Disabilities and the Transportation Disadvantaged
Status: 2024-05-13 - Chapter No. 2024-171 [S1380 Detail]
Download: Florida-2024-S1380-Senate_Floor_Amendment_Delete_All_426856.html
Bill Title: Transportation Services for Persons with Disabilities and the Transportation Disadvantaged
Status: 2024-05-13 - Chapter No. 2024-171 [S1380 Detail]
Download: Florida-2024-S1380-Senate_Floor_Amendment_Delete_All_426856.html
Florida Senate - 2024 SENATOR AMENDMENT Bill No. CS for CS for SB 1380 Ì426856LÎ426856 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Hutson moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (16) is added to section 341.041, 6 Florida Statutes, to read: 7 341.041 Transit responsibilities of the department.—The 8 department shall, within the resources provided pursuant to 9 chapter 216: 10 (16) Unless otherwise provided by state or federal law, 11 ensure that all grants and agreements between the department and 12 entities providing paratransit services include, at a minimum, 13 the following provisions: 14 (a) Performance requirements for the delivery of services, 15 including clear penalties for repeated or continuing violations; 16 (b) Minimum liability insurance requirements for all 17 transportation services purchased, provided, or coordinated for 18 the transportation disadvantaged, as defined in s. 427.011(1), 19 through the contracted vendor or subcontractor thereof; 20 (c) Complaint and grievance processes for paratransit 21 users, including a requirement that all reported complaints, 22 grievances, and resolutions be reported to the department on a 23 quarterly basis; and 24 (d) A requirement that the provisions of paragraphs (a), 25 (b), and (c) must be included in any agreement between an entity 26 receiving a grant or an agreement from the department and such 27 entity’s contractors or subcontractors that provide paratransit 28 services. 29 Section 2. Section 427.012, Florida Statutes, is amended to 30 read: 31 427.012 The Commission for the Transportation 32 Disadvantaged.—There is created the Commission for the 33 Transportation Disadvantaged in the Department of 34 Transportation. 35 (1) The commission shall be composedconsistof 11seven36 members, all of whom shall be appointed by the Governor, in 37 accordance with the requirements of s. 20.052, as follows: 38 (a) The Secretary of Transportation or his or her designee. 39 (b) The director of the Agency for Persons with 40 Disabilities or his or her designee. 41 (c) The Secretary of Elderly Affairs or his or her 42 designee. 43 (d) The director of the Division of Blind Services. 44 (e) Two county managers or administrators, one from a rural 45 county and one from a county with a population of more than 46 150,000, according to the last state census. 47 (f) Five members who have experience in transportation, 48 workforce development, transit services, management, insurance, 49 or service of persons with disabilities or who have a disability 50 and use transportation for the transportation disadvantaged. 51 (2) A member appointed under paragraph (1)(e) or paragraph 52 (1)(f) shall serve a 4-year term and may be reappointed for one 53 additional 4-year term. A member appointed under paragraph 54 (1)(e) or paragraph (1)(f) whose term has expired shall continue 55 to serve on the commission until such time as a replacement is 56 appointed. 57 (3) Each member must be a resident of this state. 58(a)Five of the members must have significant experience in59the operation of a business, and it is the intent of the60Legislature that, when making an appointment, the Governor61select persons who reflect the broad diversity of the business62community in this state, as well as the racial, ethnic,63geographical, and gender diversity of the population of this64state.65(b)Two of the members must have a disability and use the66transportation disadvantaged system.67(c)Each member shall represent the needs of the68transportation disadvantaged throughout the state. A member may69not subordinate the needs of the transportation disadvantaged in70general in order to favor the needs of others residing in a71specific location in the state.72(d)Each member shall be appointed to a term of 4 years. A73member may be reappointed for one additional 4-year term.74(e)Each member must be a resident of the state and a75registered voter.76(f)At any given time, at least one member must be at least7765 years of age.78(g)The Secretary of Transportation, the Secretary of79Children and Families, the Secretary of Economic Opportunity,80the executive director of the Department of Veterans’ Affairs,81the Secretary of Elderly Affairs, the Secretary of Health Care82Administration, the director of the Agency for Persons with83Disabilities, and a county manager or administrator who is84appointed by the Governor, or a senior management level85representative of each, shall serve as ex officio, nonvoting86advisors to the commission.87(h)A member may not, within the 5 years immediately before88his or her appointment, or during his or her term on the89commission, have or have had a financial relationship with, or90represent or have represented as a lobbyist as defined in s.9111.045, the following:921.A transportation operator;932.A community transportation coordinator;943.A metropolitan planning organization;954.A designated official planning agency;965.A purchaser agency;976.A local coordinating board;987.A broker of transportation; or998.A provider of transportation services.100 (4)(2)The chair of the commissionchairpersonshall be 101 appointed by the Governor, and the vice chairchairpersonof the 102 commission shall be elected annually from the membership of the 103 commission. 104 (5)(3)Members of the commission shall serve without 105 compensation but shall be allowed per diem and travel expenses,106 as provided in s. 112.061. 107 (6)(4)The commission shall meet at least quarterly, or 108 uponmore frequently atthe call of the chairchairperson. Six 109Fourmembers of the commission constitute a quorum, and a 110 majority vote of the members present is necessary for any action 111 taken by the commission. A commission member’s participation in 112 a meeting via telephone, real-time videoconferencing, or similar 113 real-time telephonic, electronic, or video communication counts 114 toward a quorum, and such member may vote as if physically 115 present. 116 (7)(5)The Governor may remove any member of the commission 117 for cause. 118(6)Each candidate for appointment to the commission must,119before accepting the appointment, undergo background screening120under s. 435.04 by filing with the Department of Transportation121a complete set of fingerprints taken by an authorized law122enforcement agency. The fingerprints must be submitted to the123Department of Law Enforcement for state processing, and that124department shall submit the fingerprints to the Federal Bureau125of Investigation for federal processing. The Department of126Transportation shall screen the background results and inform127the commission of any candidate who does not meet level 2128screening standards. A candidate who has not met level 2129screening standards may not be appointed to the commission. The130cost of the background screening may be borne by the Department131of Transportation or the candidate.132 (8)(7)The commission shall appoint an executive director 133 who shall serve under the direction, supervision, and control of 134 the commission. The executive director, with the consent of the 135 commission, shall employ such personnel as may be necessary to 136 perform adequately the functions of the commission within 137 budgetary limitations. Employees of the commission are exempt 138 from the Career Service System. 139(8)The commission shall appoint a technical working group140that includes representatives of private paratransit providers.141The technical working group shall advise the commission on142issues of importance to the state, including information,143advice, and direction regarding the coordination of services for144the transportation disadvantaged. The commission may appoint145other technical working groups whose members may include146representatives of community transportation coordinators;147metropolitan planning organizations; regional planning councils;148experts in insurance, marketing, economic development, or149financial planning; and persons who use transportation for the150transportation disadvantaged, or their relatives, parents,151guardians, or service professionals who tend to their needs.152 (9) The commission is assigned to the office of the 153 secretary of the Department of Transportation for administrative 154 and fiscal accountability purposes, but it shall otherwise 155 function independently of the control, supervision, and 156 direction of the department. 157 (10) The commission shall develop a budget pursuant to 158 chapter 216. The budget is not subject to change by the 159 department staff after it has been approved by the commission, 160 but it shall be transmitted to the Governor, as head of the 161 department, along with the budget of the department. 162 Section 3. Section 427.02, Florida Statutes, is created to 163 read: 164 427.02 Paratransit service contracts for transportation 165 service providers.— 166 (1) For purposes of this section, the term “transportation 167 service provider” means an organization or entity that contracts 168 with a local government to provide paratransit service to 169 persons with disabilities. 170 (2) For contracts entered into or renewed on or after 171 October 1, 2024, a transportation service provider must agree 172 to: 173 (a) Provide training to each driver of a motor vehicle used 174 to provide paratransit service to persons with disabilities 175 which, at a minimum, meets requirements established by the 176 Agency for Persons with Disabilities for training and 177 professional development of staff providing direct services to 178 clients of the agency. 179 (b) Establish reasonable time periods between a request for 180 service and the arrival of the transportation service provider 181 at the location specified in the request, taking into account 182 the number of persons requesting paratransit service on the same 183 date, the distance between locations, usual or expected traffic 184 conditions during the provision of paratransit service, and any 185 other factor deemed necessary by the provider or the local 186 government. If a transportation service provider exhibits a 187 pattern of late arrivals based on such established reasonable 188 time periods, the contract must allow the local government to 189 authorize another provider to provide such paratransit service, 190 including the acceptance of any prepaid vouchers for future 191 paratransit service. 192 (c) Provide for transparency regarding the quality of 193 paratransit service provided by the transportation service 194 provider, including, but not limited to, data relating to the 195 timeliness of paratransit service provided and the handling of 196 complaints. 197 (3) Contracts entered into or renewed on or after October 198 1, 2024, with transportation service providers for the provision 199 of paratransit service to persons with disabilities must be 200 competitively procured pursuant to s. 287.057. The procurement 201 must use competitive sealed bids, competitive sealed proposals, 202 or competitive sealed replies. The contract may not be awarded 203 using an exceptional purchase provision provided for in s. 204 287.057(3). 205 Section 4. Section 427.021, Florida Statutes, is created to 206 read: 207 427.021 Adverse incidents of transportation service 208 providers.— 209 (1) For purposes of this section, the term “transportation 210 service provider” means an organization or entity that contracts 211 with a local government to provide paratransit service to 212 persons with disabilities. 213 (2) The Commission for the Transportation Disadvantaged 214 shall establish a model system by October 1, 2024, for use by 215 local governments and transportation service providers for the 216 reporting and investigation of adverse incidents occurring 217 during the provision of paratransit service to persons with 218 disabilities. Such system may include the assignment of a quick 219 response code to each motor vehicle used to provide such service 220 for the purpose of reporting adverse incidents with a smartphone 221 or other mobile device. 222 (3) By January 1, 2025, each transportation service 223 provider, in coordination with the local government, must adopt 224 a system for reporting and investigating adverse incidents. 225 (4) The commission must develop requirements for the 226 investigation of adverse incidents reported, including periodic 227 review of ongoing investigations and documentation of final 228 outcomes thereof. At a minimum, the investigation of a reported 229 adverse incident must commence within 48 hours after receipt of 230 the report. 231 (5) Reports of adverse incidents received by the local 232 government or the transportation service provider shall be 233 submitted on a quarterly basis to the Commission for the 234 Transportation Disadvantaged. 235 Section 5. (1) By January 1, 2025, the Department of 236 Transportation shall provide to the Governor, the President of 237 the Senate, and the Speaker of the House of Representatives a 238 comprehensive report on the transportation disadvantaged 239 services offered in this state and the Commission for the 240 Transportation Disadvantaged. The report must include, at a 241 minimum, all of the following: 242 (a) A review of services rendered by community 243 transportation coordinators or transportation operators 244 coordinated by the commission, specifically outlining: 245 1. Timeliness of services; 246 2. Quality of services; 247 3. Training programs for the drivers and customer service 248 representatives; 249 4. Timeliness of the resolution of complaints; and 250 5. Adherence to performance measures by service providers. 251 (b) A review of transportation delivery models administered 252 by contract by the commission and a review of potential 253 alternative methods. Such review must consider the feasibility 254 and costs related to offering both pre-booking and on-demand 255 service to paratransit service users. 256 (c) The role of paratransit services as used by providers 257 of services for the transportation disadvantaged and the 258 differences between paratransit services and the services 259 provided by the commission. In its review, the department shall 260 also consider the manner in which the use of paratransit 261 services can be leveraged to improve services coordinated by the 262 commission. 263 (d) The role of health care transportation services as used 264 by the users of services for the transportation disadvantaged, 265 and the manner in which coordination of services can be 266 leveraged to improve services administered by the commission. 267 (e) Breakdowns of funding provided by the commission on a 268 contractual level. The report must also include a breakdown of 269 the manner in which the funds are used, by delivery model, 270 including both fixed-route, on-demand, and hybrid models, and 271 through any innovation grant outlined in the General 272 Appropriations Act, and historical funding models and outcomes. 273 (f) A review of the eligibility criteria by each 274 coordinating entity, including any relevant demographic 275 information. 276 (g) A review of the challenges and potential opportunities 277 to better support rural counties in administering such programs. 278 (h) Recommendations on efficiencies and challenges that may 279 result from adopting an alternative format of delivering 280 commission services to improve services for individuals seeking 281 to thrive in community-based settings, including in a workplace 282 setting, who currently receive services provided by the 283 commission. 284 (i) Best practices for limiting the duration of travel 285 times for persons receiving paratransit service. Consideration 286 must be made for the level of service offered to persons without 287 disabilities by a public entity operating a fixed route as 288 compared to the level of paratransit service offered by the 289 transportation service provider in accordance with 49 C.F.R. s. 290 37.121. 291 (j) A review of emerging and other technology opportunities 292 for the provision of services and to ensure the safety and well 293 being of individuals using fixed routes, including the use of 294 in-cabin technology. The review must consider passenger safety, 295 equipment installation and maintenance costs, accessibility 296 standards, and data retention and privacy for individuals 297 served. 298 (k) Any additional recommendations relating to areas of 299 review required by paragraphs (a)–(i). 300 (2) The definitions in s. 427.011, Florida Statutes, apply 301 to subsection (1), unless the context clearly indicates 302 otherwise. 303 Section 6. This act shall take effect upon becoming a law. 304 305 ================= T I T L E A M E N D M E N T ================ 306 And the title is amended as follows: 307 Delete everything before the enacting clause 308 and insert: 309 A bill to be entitled 310 An act relating to transportation services for persons 311 with disabilities and the transportation 312 disadvantaged; amending s. 341.041, F.S.; revising 313 duties of the Department of Transportation, within 314 specified resources, with respect to required 315 provisions of grants and agreements with entities 316 providing paratransit services; amending s. 427.012, 317 F.S.; revising membership of the Commission for the 318 Transportation Disadvantaged and qualifications 319 therefor; providing length of terms for specified 320 commission members; revising voting and quorum 321 requirements; deleting a requirement for the 322 commission to appoint a specified working group; 323 creating s. 427.02, F.S.; defining the term 324 “transportation service provider”; providing 325 requirements for paratransit service contracts entered 326 into on or after October 1, 2024; requiring that such 327 contracts be competitively procured; prohibiting the 328 awarding of contracts using specified provisions; 329 creating s. 427.021, F.S.; defining the term 330 “transportation service provider”; requiring the 331 commission to establish a model system for reporting 332 and investigating adverse incidents; requiring 333 transportation service providers to adopt the system 334 by a certain date; requiring the commission to develop 335 requirements for the investigation of adverse 336 incidents; requiring such an investigation to commence 337 within a certain timeframe; requiring reports of 338 adverse incidents to be submitted to the commission; 339 requiring the department to provide the Governor and 340 the Legislature with a report on the transportation 341 disadvantaged services and the Commission for the 342 Transportation Disadvantaged which includes specified 343 information; providing applicability; providing an 344 effective date.