Bill Text: FL S1380 | 2024 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Transportation Services for Persons with Disabilities and the Transportation Disadvantaged
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2024-05-13 - Chapter No. 2024-171 [S1380 Detail]
Download: Florida-2024-S1380-Engrossed.html
Bill Title: Transportation Services for Persons with Disabilities and the Transportation Disadvantaged
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2024-05-13 - Chapter No. 2024-171 [S1380 Detail]
Download: Florida-2024-S1380-Engrossed.html
CS for CS for SB 1380 First Engrossed 20241380e1 1 A bill to be entitled 2 An act relating to transportation services for persons 3 with disabilities and the transportation 4 disadvantaged; amending s. 341.041, F.S.; revising 5 duties of the Department of Transportation, within 6 specified resources, with respect to required 7 provisions of grants and agreements with entities 8 providing paratransit services; amending s. 427.012, 9 F.S.; revising membership of the Commission for the 10 Transportation Disadvantaged and qualifications 11 therefor; providing length of terms for specified 12 commission members; revising voting and quorum 13 requirements; deleting a requirement for the 14 commission to appoint a specified working group; 15 creating s. 427.02, F.S.; defining the term 16 “transportation service provider”; providing 17 requirements for paratransit service contracts entered 18 into on or after October 1, 2024; requiring that such 19 contracts be competitively procured; prohibiting the 20 awarding of contracts using specified provisions; 21 creating s. 427.021, F.S.; defining the term 22 “transportation service provider”; requiring the 23 commission to establish a model system for reporting 24 and investigating adverse incidents; requiring 25 transportation service providers to adopt the system 26 by a certain date; requiring the commission to develop 27 requirements for the investigation of adverse 28 incidents; requiring such an investigation to commence 29 within a certain timeframe; requiring reports of 30 adverse incidents to be submitted to the commission; 31 requiring the department to provide the Governor and 32 the Legislature with a report on the transportation 33 disadvantaged services and the Commission for the 34 Transportation Disadvantaged which includes specified 35 information; providing applicability; providing an 36 effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. Subsection (16) is added to section 341.041, 41 Florida Statutes, to read: 42 341.041 Transit responsibilities of the department.—The 43 department shall, within the resources provided pursuant to 44 chapter 216: 45 (16) Unless otherwise provided by state or federal law, 46 ensure that all grants and agreements between the department and 47 entities providing paratransit services include, at a minimum, 48 the following provisions: 49 (a) Performance requirements for the delivery of services, 50 including clear penalties for repeated or continuing violations; 51 (b) Minimum liability insurance requirements for all 52 transportation services purchased, provided, or coordinated for 53 the transportation disadvantaged, as defined in s. 427.011(1), 54 through the contracted vendor or subcontractor thereof; 55 (c) Complaint and grievance processes for paratransit 56 users, including a requirement that all reported complaints, 57 grievances, and resolutions be reported to the department on a 58 quarterly basis; and 59 (d) A requirement that the provisions of paragraphs (a), 60 (b), and (c) must be included in any agreement between an entity 61 receiving a grant or an agreement from the department and such 62 entity’s contractors or subcontractors that provide paratransit 63 services. 64 Section 2. Section 427.012, Florida Statutes, is amended to 65 read: 66 427.012 The Commission for the Transportation 67 Disadvantaged.—There is created the Commission for the 68 Transportation Disadvantaged in the Department of 69 Transportation. 70 (1) The commission shall be composedconsistof 11seven71 members, all of whom shall be appointed by the Governor, in 72 accordance with the requirements of s. 20.052, as follows: 73 (a) The Secretary of Transportation or his or her designee. 74 (b) The director of the Agency for Persons with 75 Disabilities or his or her designee. 76 (c) The Secretary of Elderly Affairs or his or her 77 designee. 78 (d) The director of the Division of Blind Services. 79 (e) Two county managers or administrators, one from a rural 80 county and one from a county with a population of more than 81 150,000, according to the last state census. 82 (f) Five members who have experience in transportation, 83 workforce development, transit services, management, insurance, 84 or service of persons with disabilities or who have a disability 85 and use transportation for the transportation disadvantaged. 86 (2) A member appointed under paragraph (1)(e) or paragraph 87 (1)(f) shall serve a 4-year term and may be reappointed for one 88 additional 4-year term. A member appointed under paragraph 89 (1)(e) or paragraph (1)(f) whose term has expired shall continue 90 to serve on the commission until such time as a replacement is 91 appointed. 92 (3) Each member must be a resident of this state. 93(a)Five of the members must have significant experience in94the operation of a business, and it is the intent of the95Legislature that, when making an appointment, the Governor96select persons who reflect the broad diversity of the business97community in this state, as well as the racial, ethnic,98geographical, and gender diversity of the population of this99state.100(b)Two of the members must have a disability and use the101transportation disadvantaged system.102(c)Each member shall represent the needs of the103transportation disadvantaged throughout the state. A member may104not subordinate the needs of the transportation disadvantaged in105general in order to favor the needs of others residing in a106specific location in the state.107(d)Each member shall be appointed to a term of 4 years. A108member may be reappointed for one additional 4-year term.109(e)Each member must be a resident of the state and a110registered voter.111(f)At any given time, at least one member must be at least11265 years of age.113(g)The Secretary of Transportation, the Secretary of114Children and Families, the Secretary of Economic Opportunity,115the executive director of the Department of Veterans’ Affairs,116the Secretary of Elderly Affairs, the Secretary of Health Care117Administration, the director of the Agency for Persons with118Disabilities, and a county manager or administrator who is119appointed by the Governor, or a senior management level120representative of each, shall serve as ex officio, nonvoting121advisors to the commission.122(h)A member may not, within the 5 years immediately before123his or her appointment, or during his or her term on the124commission, have or have had a financial relationship with, or125represent or have represented as a lobbyist as defined in s.12611.045, the following:1271.A transportation operator;1282.A community transportation coordinator;1293.A metropolitan planning organization;1304.A designated official planning agency;1315.A purchaser agency;1326.A local coordinating board;1337.A broker of transportation; or1348.A provider of transportation services.135 (4)(2)The chair of the commissionchairpersonshall be 136 appointed by the Governor, and the vice chairchairpersonof the 137 commission shall be elected annually from the membership of the 138 commission. 139 (5)(3)Members of the commission shall serve without 140 compensation but shall be allowed per diem and travel expenses,141 as provided in s. 112.061. 142 (6)(4)The commission shall meet at least quarterly, or 143 uponmore frequently atthe call of the chairchairperson. Six 144Fourmembers of the commission constitute a quorum, and a 145 majority vote of the members present is necessary for any action 146 taken by the commission. A commission member’s participation in 147 a meeting via telephone, real-time videoconferencing, or similar 148 real-time telephonic, electronic, or video communication counts 149 toward a quorum, and such member may vote as if physically 150 present. 151 (7)(5)The Governor may remove any member of the commission 152 for cause. 153(6)Each candidate for appointment to the commission must,154before accepting the appointment, undergo background screening155under s. 435.04 by filing with the Department of Transportation156a complete set of fingerprints taken by an authorized law157enforcement agency. The fingerprints must be submitted to the158Department of Law Enforcement for state processing, and that159department shall submit the fingerprints to the Federal Bureau160of Investigation for federal processing. The Department of161Transportation shall screen the background results and inform162the commission of any candidate who does not meet level 2163screening standards. A candidate who has not met level 2164screening standards may not be appointed to the commission. The165cost of the background screening may be borne by the Department166of Transportation or the candidate.167 (8)(7)The commission shall appoint an executive director 168 who shall serve under the direction, supervision, and control of 169 the commission. The executive director, with the consent of the 170 commission, shall employ such personnel as may be necessary to 171 perform adequately the functions of the commission within 172 budgetary limitations. Employees of the commission are exempt 173 from the Career Service System. 174(8)The commission shall appoint a technical working group175that includes representatives of private paratransit providers.176The technical working group shall advise the commission on177issues of importance to the state, including information,178advice, and direction regarding the coordination of services for179the transportation disadvantaged. The commission may appoint180other technical working groups whose members may include181representatives of community transportation coordinators;182metropolitan planning organizations; regional planning councils;183experts in insurance, marketing, economic development, or184financial planning; and persons who use transportation for the185transportation disadvantaged, or their relatives, parents,186guardians, or service professionals who tend to their needs.187 (9) The commission is assigned to the office of the 188 secretary of the Department of Transportation for administrative 189 and fiscal accountability purposes, but it shall otherwise 190 function independently of the control, supervision, and 191 direction of the department. 192 (10) The commission shall develop a budget pursuant to 193 chapter 216. The budget is not subject to change by the 194 department staff after it has been approved by the commission, 195 but it shall be transmitted to the Governor, as head of the 196 department, along with the budget of the department. 197 Section 3. Section 427.02, Florida Statutes, is created to 198 read: 199 427.02 Paratransit service contracts for transportation 200 service providers.— 201 (1) For purposes of this section, the term “transportation 202 service provider” means an organization or entity that contracts 203 with a local government to provide paratransit service to 204 persons with disabilities. 205 (2) For contracts entered into or renewed on or after 206 October 1, 2024, a transportation service provider must agree 207 to: 208 (a) Provide training to each driver of a motor vehicle used 209 to provide paratransit service to persons with disabilities 210 which, at a minimum, meets requirements established by the 211 Agency for Persons with Disabilities for training and 212 professional development of staff providing direct services to 213 clients of the agency. 214 (b) Establish reasonable time periods between a request for 215 service and the arrival of the transportation service provider 216 at the location specified in the request, taking into account 217 the number of persons requesting paratransit service on the same 218 date, the distance between locations, usual or expected traffic 219 conditions during the provision of paratransit service, and any 220 other factor deemed necessary by the provider or the local 221 government. If a transportation service provider exhibits a 222 pattern of late arrivals based on such established reasonable 223 time periods, the contract must allow the local government to 224 authorize another provider to provide such paratransit service, 225 including the acceptance of any prepaid vouchers for future 226 paratransit service. 227 (c) Provide for transparency regarding the quality of 228 paratransit service provided by the transportation service 229 provider, including, but not limited to, data relating to the 230 timeliness of paratransit service provided and the handling of 231 complaints. 232 (3) Contracts entered into or renewed on or after October 233 1, 2024, with transportation service providers for the provision 234 of paratransit service to persons with disabilities must be 235 competitively procured pursuant to s. 287.057. The procurement 236 must use competitive sealed bids, competitive sealed proposals, 237 or competitive sealed replies. The contract may not be awarded 238 using an exceptional purchase provision provided for in s. 239 287.057(3). 240 Section 4. Section 427.021, Florida Statutes, is created to 241 read: 242 427.021 Adverse incidents of transportation service 243 providers.— 244 (1) For purposes of this section, the term “transportation 245 service provider” means an organization or entity that contracts 246 with a local government to provide paratransit service to 247 persons with disabilities. 248 (2) The Commission for the Transportation Disadvantaged 249 shall establish a model system by October 1, 2024, for use by 250 local governments and transportation service providers for the 251 reporting and investigation of adverse incidents occurring 252 during the provision of paratransit service to persons with 253 disabilities. Such system may include the assignment of a quick 254 response code to each motor vehicle used to provide such service 255 for the purpose of reporting adverse incidents with a smartphone 256 or other mobile device. 257 (3) By January 1, 2025, each transportation service 258 provider, in coordination with the local government, must adopt 259 a system for reporting and investigating adverse incidents. 260 (4) The commission must develop requirements for the 261 investigation of adverse incidents reported, including periodic 262 review of ongoing investigations and documentation of final 263 outcomes thereof. At a minimum, the investigation of a reported 264 adverse incident must commence within 48 hours after receipt of 265 the report. 266 (5) Reports of adverse incidents received by the local 267 government or the transportation service provider shall be 268 submitted on a quarterly basis to the Commission for the 269 Transportation Disadvantaged. 270 Section 5. (1) By January 1, 2025, the Department of 271 Transportation shall provide to the Governor, the President of 272 the Senate, and the Speaker of the House of Representatives a 273 comprehensive report on the transportation disadvantaged 274 services offered in this state and the Commission for the 275 Transportation Disadvantaged. The report must include, at a 276 minimum, all of the following: 277 (a) A review of services rendered by community 278 transportation coordinators or transportation operators 279 coordinated by the commission, specifically outlining: 280 1. Timeliness of services; 281 2. Quality of services; 282 3. Training programs for the drivers and customer service 283 representatives; 284 4. Timeliness of the resolution of complaints; and 285 5. Adherence to performance measures by service providers. 286 (b) A review of transportation delivery models administered 287 by contract by the commission and a review of potential 288 alternative methods. Such review must consider the feasibility 289 and costs related to offering both pre-booking and on-demand 290 service to paratransit service users. 291 (c) The role of paratransit services as used by providers 292 of services for the transportation disadvantaged and the 293 differences between paratransit services and the services 294 provided by the commission. In its review, the department shall 295 also consider the manner in which the use of paratransit 296 services can be leveraged to improve services coordinated by the 297 commission. 298 (d) The role of health care transportation services as used 299 by the users of services for the transportation disadvantaged, 300 and the manner in which coordination of services can be 301 leveraged to improve services administered by the commission. 302 (e) Breakdowns of funding provided by the commission on a 303 contractual level. The report must also include a breakdown of 304 the manner in which the funds are used, by delivery model, 305 including both fixed-route, on-demand, and hybrid models, and 306 through any innovation grant outlined in the General 307 Appropriations Act, and historical funding models and outcomes. 308 (f) A review of the eligibility criteria by each 309 coordinating entity, including any relevant demographic 310 information. 311 (g) A review of the challenges and potential opportunities 312 to better support rural counties in administering such programs. 313 (h) Recommendations on efficiencies and challenges that may 314 result from adopting an alternative format of delivering 315 commission services to improve services for individuals seeking 316 to thrive in community-based settings, including in a workplace 317 setting, who currently receive services provided by the 318 commission. 319 (i) Best practices for limiting the duration of travel 320 times for persons receiving paratransit service. Consideration 321 must be made for the level of service offered to persons without 322 disabilities by a public entity operating a fixed route as 323 compared to the level of paratransit service offered by the 324 transportation service provider in accordance with 49 C.F.R. s. 325 37.121. 326 (j) A review of emerging and other technology opportunities 327 for the provision of services and to ensure the safety and well 328 being of individuals using fixed routes, including the use of 329 in-cabin technology. The review must consider passenger safety, 330 equipment installation and maintenance costs, accessibility 331 standards, and data retention and privacy for individuals 332 served. 333 (k) Any additional recommendations relating to areas of 334 review required by paragraphs (a)–(i). 335 (2) The definitions in s. 427.011, Florida Statutes, apply 336 to subsection (1), unless the context clearly indicates 337 otherwise. 338 Section 6. This act shall take effect upon becoming a law.