House of Representatives Staff Analysis: PCS for HB 551 Transportation Disadvantaged (2020)

Summary

A House of Representatives staff analysis dated January 13, 2020 of PCS for HB 551, Transportation Disadvantaged, sponsored by the Transportation & Infrastructure Subcommittee. It describes Florida's transportation disadvantaged program, the roles of the Commission for the Transportation Disadvantaged, community transportation coordinators and local coordinating boards, and Transportation Disadvantaged Trust Fund revenue of $65.6 million in FY 2019-2020. The bill requires coordinators and local coordinating boards to increase and support programs enhancing cross-county mobility, amending s. 427.0155, F.S. and s. 427.0157, F.S., effective July 1, 2020. The analysis finds no apparent state fiscal impact and indeterminate local government expenditures.

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                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 551 Transportation Disadvantaged
SPONSOR(S): Transportation & Infrastructure Subcommittee
TIED BILLS:       IDEN./SIM. BILLS:

    REFERENCE                                                         ACTION                 ANALYST              STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    Orig. Comm.: Transportation & Infrastructure                                             Johnson              Vickers
       Subcommittee

                                                        SUMMARY ANALYSIS
Florida law defines the transportation disadvantaged as those 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, or children who are handicapped or high-risk.

The Commission for the Transportation Disadvantaged is the state-level policy board responsible for the
oversight of the implementation of coordinated transportation disadvantaged services. A community
transportation coordinator (CTC) is a designated entity responsible for ensuring that coordinated transportation
services are provided to the transportation disadvantaged population in a designated service area. The local
coordinating board (LCB) provides assistance to the CTCs by identifying local service needs and providing
information, advice and direction to CTCs on the coordination of services.

The bill requires CTCs, in cooperation with the LCBs, to increase and support programs that enhance cross-
county mobility for the transportation disadvantaged to access employment, health care, education, shopping,
or other life-sustaining services across one or more county lines.

There does not appear to be a fiscal impact to state government. For local governments, to the extent that they
are CTCs, they may incur some expenditures associated with increasing and supporting programs enhancing
cross-county mobility services for the transportation disadvantaged.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: pcs0551.TIS
DATE: 1/13/2020
                                                        FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Present Situation

         Transportation Disadvantaged
         Florida law defines the transportation disadvantaged as those 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, or children who are handicapped
         or high-risk as defined in s. 411.202, F.S.1

         Commission for Transportation Disadvantaged
         In 1989, the Legislature created the Commission for the Transportation Disadvantaged within the
         Department of Transportation to coordinate the transportation services provided to the transportation
         disadvantaged. The goal of this coordination is to ensure the cost-effective provision of transportation
         by qualified community transportation coordinators or transportation operators to the transportation
         disadvantaged.2

         The commission is the state-level policy board responsible for the oversight of the implementation of
         coordinated transportation disadvantaged services. To assist with program implementation, the
         commission contracts with a Community Transportation Coordinator (CTC) and planning agency in
         each county. 3

         Community Transportation Coordinators
         A community transportation coordinator is a transportation entity recommended by a metropolitan
         planning organization,4 or by the appropriate designated official planning agency5 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.6

         Each local CTC is responsible for the actual arrangement and/or delivery of transportation services to
         the transportation disadvantaged. The CTC, through a competitive procurement process, may contract
         with local transportation operators7 to provide transportation services to the transportation
         disadvantaged. Specifically, CTCs must:
              Execute uniform contracts for service using a standard contract, which includes performance
                 standards for operators.
              Collect annual operating data for submittal to the CTD.
              Review all transportation operator contracts annually.
              Approve and coordinate the utilization of school bus and public transportation services in
                 accordance with the transportation disadvantaged service plan.
              In cooperation with a functioning coordinating board, review all applications for local
                 government, federal, and state transportation disadvantaged funds, and develop cost-effective
                 coordination strategies.


1
  Section 427.011(1), F.S.
2
  Florida Commission for Transportation Disadvantaged, 2018 Annual Performance Report, P. 9-11. Available at:
https://ctd.fdot.gov/docs/AORAPRDocs/ApprovedAOR2017-2018.pdf (Last visited Jan. 13, 2020).
3
  Id.
4
  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. s. 134, as provided in 23 U.S.C. s. 104(f)(3).
5
  This is as provided in ss. 427.011-427.017, F.S.
6
  Section 427.011(5), F.S.
7
  Section 427.011(6), F.S., defines the term “transportation operator” as one or more public, private for-profit, or private nonprofit
entities engaged by the community transportation coordinator to provide service to transportation disadvantaged persons pursuant to a
coordinated system service plan.
STORAGE NAME: pcs0551.TIS                                                                                                     PAGE: 2
DATE: 1/13/2020
                 In cooperation with, and approved by, the coordinating board, develop, negotiate, implement,
                  and monitor a memorandum of agreement including a service plan, for submittal to the CTD.
                 In cooperation with the coordinating board and pursuant to criteria developed by the CTD,
                  establish eligibility guidelines and priorities with regard to the recipients of nonsponsored
                  transportation disadvantaged services8 that are purchased with Transportation Disadvantaged
                  Trust Fund moneys.
                 Have full responsibility for the delivery of transportation services for the transportation
                  disadvantaged.9
                 Work cooperatively with local workforce development boards10 to provide assistance in the
                  development of innovative transportation services for participants in the welfare transition
                  program.11

         Local Coordinating Board
         The local coordinating board (LCB) is 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 CTC relative to the coordination of transportation services.12

         The LCB, which is appointed and staffed by the planning agency, oversees and annually evaluates the
         CTC. LCBs also provide assistance to the CTCs by identifying local service needs and providing
         information, advice and direction to CTCs on the coordination13 of services.14 Each LCB must:
              Review and approve the coordinated community transportation disadvantaged service plan,
                including the memorandum of agreement, prior to submittal to the commission.
              Evaluate services provided in meeting the approved plan.
              In cooperation with the CTC, review and provide recommendations to the commission on
                funding applications affecting the transportation disadvantaged.
              Assist the CTC in establishing eligibility guidelines and priorities with regard to the recipients of
                nonsponsored transportation disadvantaged services that are purchased with Transportation
                Disadvantaged Trust Fund moneys.
              Review the coordination strategies of service provision to the transportation disadvantaged in
                the designated service area.
              Evaluate multicounty or regional transportation opportunities.
              Work cooperatively with local workforce development boards to provide assistance in the
                development of innovative transportation services for participants in the welfare transition
                program.15

         Transportation Disadvantaged Funding
         Florida’s transportation disadvantaged program is funded through the Transportation Disadvantaged
         Trust Fund, which the commission administers pursuant to s. 427.0159, F.S. In FY 2019-2020, the
         commission received a total of $65.6 million in revenue through the TDTF. The largest source of
         revenue comes from the $1.50 fee collected from each motor vehicle license tag registration.16

         In 2019, the Legislature passed HB 7068,17 creating the Multi-Use Corridors of Regional Economic
         Significance (M-CORES) Program within DOT.18 The bill allocated $10 million in M-CORES funding for

8
  Section 427.022(12), F.S., defines the term “nonsponsored transportation disadvantaged services” as transportation disadvantaged
services that are not sponsored or subsidized by any funding source other than the Transportation Disadvantaged Trust Fund.
9
  These are outlined in s. 427.015(2), F.S.
10
   Workforce development boards are established in Ch. 445, F.S.
11
   Section 427.0155, F.S.
12
   Section 427.011(7), F.S.
13
   Section 427.011(11), F.S., defines the term “coordination” as 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.
14
   Florida Commission for Transportation Disadvantaged, 2018 Annual Performance Report, P. 9-11.
15
   Section 427.0157, F.S.
16
   Email from David Darm, Executive Director, Commission for the Transportation Disadvantaged, RE: HB 551-TD Funding, Jan. 8,
2020. (Copy on file with Transportation & Infrastructure Subcommittee).
17
   Chapter 2019-43, L.O.F.
18
   Section 338.2278(1), F.S.
STORAGE NAME: pcs0551.TIS                                                                                                    PAGE: 3
DATE: 1/13/2020
        each fiscal year beginning in 2019-2020 to the Transportation Disadvantaged Trust Fund.19 M-CORES
        funds allocated to the Transportation Disadvantaged Trust Fund must be used to award competitive
        grants to CTCs and transportation network companies for the purposes of providing cost-effective,
        door-to-door, on-demand, and scheduled transportation services that increase a transportation
        disadvantaged person’s access to and departure from job training, employment, health care, and other
        life-sustaining services; enhances regional connectivity and cross-county mobility; or reduce the
        difficulty in connecting transportation disadvantaged persons to a transportation hub and from the hub
        to their final destination.20

        The commission has issued M-CORES funded grants to several CTCs around the state to support
        projects designed to enhance cross-county mobility for the transportation disadvantaged.21

        Cross-County Mobility
        Cross-county mobility is the ability to utilize transportation disadvantaged services across county lines.
        While the commission encourages CTCs and local planning agencies to promote regional/cross-county
        transportation to enhance the mobility of the transportation disadvantaged, there are challenges that
        may inhibit certain CTCs from providing trips outside of their county, including:
             Urban transit systems – If the CTC is a transit authority, federal law requires it to provide
               Americans with Disabilities Act (ADA) complementary paratransit services for individuals who,
               due to a disability, cannot access the fixed-route bus system. The Federal Transit
               Administration requires these services to be provided within ¾ of a mile outside the bus route,
               but the local transit authority may decide whether or not to provide these services beyond the
               ADA corridor, including across county lines.22
             Local autonomy – The transportation disadvantaged program provides the CTCs and their local
               coordinating boards with the flexibility of determining their own service area, which includes
               prioritizing the service needs. Some CTCs may choose to limit the number of trips that go out of
               county or support a certain activity based on a priority determined by the local program.
             Costs – Out-of-county trips are more expensive and require additional resources such as
               drivers and vehicles. Despite this challenge, several CTCs are coordinating out-of-county trips,
               which may be limited to certain days of the week or month to manage costs. Additionally, some
               CTCs may have to contract with a taxi or transportation network company to provide cross-
               county trips for individuals who need an “on-demand” service.23

        Effect of the Bill

        The bill requires CTCs, in cooperation with the local coordinating board, to increase and support
        programs that enhance cross-county mobility for the transportation disadvantaged to access
        employment, health care, education, shopping, or other life-sustaining services across one or more
        county lines.

        The bill also requires local coordinating boards to increase and support programs that enhance cross-
        county mobility for the transportation disadvantaged to access employment, health care, education,
        shopping or other life-sustaining services across county lines.

        It should be noted that the bill does not require implementation of specific programs to enhance cross-
        county mobility for the transportation disadvantaged.

     B. SECTION DIRECTORY:



19
   Section 338.2278(8), F.S.
20
   Section 338.2278(8)(e), F.S.
21
   Email from David Darm, Executive Director, Commission for Transportation Disadvantaged, Re: HB 551-Follow-up, Dec. 20,
2019. (Copy on file with Transportation & Infrastructure Subcommittee).
22
   49 C.F.R. Part 37
23
   Email from David Darm, Executive Director, Commission for Transportation Disadvantaged, Re: HB 551-Cross-County Mobility
Follow-up, Jan. 7, 2020. (Copy on file with Transportation & Infrastructure Subcommittee).
STORAGE NAME: pcs0551.TIS                                                                                            PAGE: 4
DATE: 1/13/2020
       Section 1 amends s. 427.0155, F.S., providing the powers and duties of community transportation
       coordinators.

       Section 2 amends s. 427.0157, F.S., providing the powers and duties of coordinating boards.

       Section 3 provides an effective date of July 1, 2020.


                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           The bill does not appear to impact state government revenues.

       2. Expenditures:
           The bill does not appear to impact state government expenditures.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           The bill does not appear to impact local government revenues.

       2. Expenditures:
           Indeterminate. To the extent that CTCs and LCBs are local governmental entities, there may be an
           increase in expenditures associated with supporting programs enhancing cross-county mobility for
           the transportation disadvantaged.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
        The enhancement of cross-county mobility services for the transportation disadvantaged may increase
        their access to employment, health care, education, shopping, and other life-sustaining services across
        county lines.

   D. FISCAL COMMENTS:
        None.


                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
          action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
          raise revenues in the aggregate; or reduce the percentage of sales tax shared with counties or
          municipalities.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
        The bill does not provide a grant of rulemaking authority, nor does it require rulemaking.

STORAGE NAME: pcs0551.TIS                                                                                  PAGE: 5
DATE: 1/13/2020
   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                            IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
   Not applicable.




STORAGE NAME: pcs0551.TIS                                                  PAGE: 6
DATE: 1/13/2020


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