CHAPTER 427

427.011 Definitions. For the purposes of ss. 427.011-427.017: (1) “Transportation disadvantaged” means 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 or at-risk as defined in s. 411.202. (2) “Metropolitan planning organization” means 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). (3) “Agency” means an official, officer, commission, authority, council, committee, department, division, bureau, board, section, or any other unit or entity of the state or of a city, town, municipality, county, or other local governing body or a private nonprofit transportation service-providing agency. (4) “Transportation improvement program” means a staged multiyear program of transportation improvements, including an annual element, which is developed by a metropolitan planning organization or designated official planning agency. (5) “Community transportation coordinator” means 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 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) “Transportation operator” means 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. (7) “Coordinating board” means 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. (8) “Purchasing agency” means 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. (9) “Paratransit” means 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. (10) “Transportation disadvantaged funds” means any local government, state, or available federal funds that are for the transportation of the transportation disadvantaged. Such funds may include, but are not limited to, funds for planning, Medicaid transportation, administration, operation, procurement, and maintenance of vehicles or equipment and capital investments. Transportation disadvantaged funds do not include funds for the transportation of children to public schools. (11) “Coordination” means 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. (12) “Nonsponsored transportation disadvantaged services” means transportation disadvantaged services that are not sponsored or subsidized by any funding source other than the Transportation Disadvantaged Trust Fund. History. — ss. 1, 9, ch. 79-180; s. 4, ch. 80-414; ss. 1, 3, ch. 84-56; ss. 1, 14, ch. 89-376; s. 57, ch. 90-306; s. 5, ch. 91-429; s. 82, ch. 92-152; s. 63, ch. 94-237; s. 2, ch. 2008-203. 427.012 The Commission for the Transportation Disadvantaged. There is created the Commission for the Transportation Disadvantaged in the Department of Transportation. (1) The commission shall be composed of 11 members, all of whom shall be appointed by the Governor, in accordance with the requirements of s. 20.052, as follows: (a) The Secretary of Transportation or his or her designee. (b) The director of the Agency for Persons with Disabilities or his or her designee. (c) The Secretary of Elderly Affairs or his or her designee. (d) The director of the Division of Blind Services. (e) 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. (f) Five members who have experience in transportation, workforce development, transit services, management, insurance, or service of persons with disabilities or who have a disability and use transportation for the transportation disadvantaged. (2) A member appointed under paragraph (1)(e) or paragraph (1)(f) shall serve a 4-year term and may be reappointed for one additional 4-year term. A member appointed under paragraph (1)(e) or paragraph (1)(f) whose term has expired shall continue to serve on the commission until such time as a replacement is appointed. (3) Each member must be a resident of this state. (4) The chair of the commission shall be appointed by the Governor, and the vice chair of the commission shall be elected annually from the membership of the commission. (5) Members of the commission shall serve without compensation but shall be allowed per diem and travel expenses as provided in s. 112.061. (6) The commission shall meet at least quarterly, or upon the call of the chair. Six members of the commission constitute a quorum, and a majority vote of the members present is necessary for any action taken by the commission. A commission member’s participation in a meeting via telephone; real-time videoconferencing; or similar real-time telephonic, electronic, or video communication counts toward a quorum, and such member may vote as if physically present. (7) The Governor may remove any member of the commission for cause. (8) The commission shall appoint an executive director who shall serve under the direction, supervision, and control of the commission. The executive director, with the consent of the commission, shall employ such personnel as may be necessary to perform adequately the functions of the commission within budgetary limitations. Employees of the commission are exempt from the Career Service System. (9) The commission is assigned to the office of the secretary of the Department of Transportation for administrative and fiscal accountability purposes, but it shall otherwise function independently of the control, supervision, and direction of the department. (10) The commission shall develop a budget pursuant to chapter 216. The budget is not subject to change by the department staff after it has been approved by the commission, but it shall be transmitted to the Governor, as head of the department, along with the budget of the department. History. — ss. 2, 8, 9, ch. 79-180; s. 5, ch. 80-414; s. 73, ch. 81-167; s. 76, ch. 83-55; ss. 2, 3, ch. 84-56; ss. 2, 14, ch. 89-376; s. 29, ch. 91-282; s. 5, ch. 91-429; s. 83, ch. 92-152; s. 64, ch. 94-237; s. 10, ch. 96-387; s. 204, ch. 99-8; s. 118, ch. 99-385; s. 9, ch. 2005-255; s. 1, ch. 2006-61; s. 3, ch. 2008-203; s. 342, ch. 2011-142; s. 59, ch. 2012-5; s. 242, ch. 2014-19; s. 49, ch. 2021-25; s. 168, ch. 2024-6; s. 2, ch. 2024-171. 427.013 The Commission for the Transportation Disadvantaged; purpose and responsibilities. The purpose of the commission is to accomplish the coordination of transportation services provided to the transportation disadvantaged. The goal of this coordination is to assure the cost-effective provision of transportation by qualified community transportation coordinators or transportation operators for the transportation disadvantaged without any bias or presumption in favor of multioperator systems or not-for-profit transportation operators over single operator systems or for-profit transportation operators. In carrying out this purpose, the commission shall: (1) Compile all available information on the transportation operations for and needs of the transportation disadvantaged in the state. (2) Establish statewide objectives for providing transportation services for the transportation disadvantaged. (3) Develop policies and procedures for the coordination of local government, federal, and state funding for the transportation disadvantaged. (4) Identify barriers prohibiting the coordination and accessibility of transportation services to the transportation disadvantaged and aggressively pursue the elimination of these barriers. (5) Serve as a clearinghouse for information about transportation disadvantaged services, training, funding sources, innovations, and coordination efforts. (6) Assist communities in developing transportation systems designed to serve the transportation disadvantaged. (7) Unless otherwise provided by state or federal law, ensure that all procedures, guidelines, and directives issued by purchasing agencies are conducive to the coordination of transportation services. (8)(a) Ensure that purchasing agencies purchase all trips within the coordinated system, unless they have fulfilled the requirements of s. 427.0135(3) and use a more cost-effective alternative provider that meets comparable quality and standards. (b) Unless the purchasing agency has negotiated with the commission pursuant to the requirements of s. 427.0135(3), provide, by rule, criteria and procedures for purchasing agencies to use if they wish to use an alternative provider. Agencies must demonstrate that the proposed alternative provider can provide a trip of comparable quality and standards for the clients at a lower cost than that provided within the coordinated system, or that the coordinated system cannot accommodate the agency’s clients. (9) Unless the purchasing agency has negotiated with the commission pursuant to the requirements of s. 427.0135(3), develop by rule standards for community transportation coordinators and any transportation operator or coordination contractor from whom service is purchased or arranged by the community transportation coordinator covering coordination, operation, safety, insurance, eligibility for service, costs, and utilization of transportation disadvantaged services. These standards and rules must include, but are not limited to: (a) Minimum performance standards for the delivery of services. These standards must be included in coordinator contracts and transportation operator contracts with clear penalties for repeated or continuing violations. (b) Minimum liability insurance requirements for all transportation services purchased, provided, or coordinated for the transportation disadvantaged through the community transportation coordinator. (10) Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of ss. 427.011-427.017. (11) Approve the appointment of all community transportation coordinators. (12) 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. Applications by the commission for local government funds shall be coordinated through the appropriate coordinating board. Funds acquired or accepted under this subsection shall be administered by the commission and shall be used to carry out the commission’s responsibilities. (13) Make an annual report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by January 1 of each year. (14) Consolidate, for each state agency, the amounts of each agency’s actual expenditures, together with the actual expenditures of each local government and directly federally funded agency and the amounts collected by each official planning agency. (15) Prepare a statewide 5-year transportation disadvantaged plan which addresses the transportation problems and needs of the transportation disadvantaged, which is fully coordinated with local transit plans, compatible with local government comprehensive plans, and which ensures that the most cost-effective and efficient method of providing transportation to the disadvantaged is programmed for development. (16) Review and approve memorandums of agreement for the provision of coordinated transportation services. (17) Review, monitor, and coordinate all transportation disadvantaged local government, state, and federal fund requests and plans for conformance with commission policy, without delaying the application process. Such funds shall be available only to those entities participating in an approved coordinated transportation system or entities which have received a commission-approved waiver to obtain all or part of their transportation through another means. This process shall identify procedures for coordinating with the state’s intergovernmental coordination and review procedures and s. 216.212(1) and any other appropriate grant review process. (18) Develop an interagency uniform contracting and billing and accounting system that shall be used by all community transportation coordinators and their transportation operators. (19) Develop and maintain a transportation disadvantaged manual. (20) Design and develop transportation disadvantaged training programs. (21) Coordinate all transportation disadvantaged programs with appropriate state, local, and federal agencies and public transit agencies to ensure compatibility with existing transportation systems. (22) Designate the official planning agency in areas outside of the purview of a metropolitan planning organization. (23) Develop need-based criteria that must be used by all community transportation coordinators to prioritize the delivery of nonsponsored transportation disadvantaged services that are purchased with Transportation Disadvantaged Trust Fund moneys. (24) Establish a review procedure to compare the rates proposed by alternate transportation operators with the rates charged by a community transportation coordinator to determine which rate is more cost-effective. (25) Conduct a cost-comparison study of single-coordinator, multicoordinator, and brokered community transportation coordinator networks to ensure that the most cost-effective and efficient method of providing transportation to the transportation disadvantaged is programmed for development. (26) 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 pursuant to s. 427.0155. (27) Ensure that local community transportation coordinators work cooperatively with local workforce development boards established in chapter 445 to provide assistance in the development of innovative transportation services for participants in the welfare transition program. (28) In consultation with the Agency for Health Care Administration and the Department of Transportation, develop an allocation methodology that equitably distributes all transportation funds under the control of the commission to compensate counties, community transportation coordinators, and other entities providing transportation disadvantaged services. The methodology shall separately account for Medicaid beneficiaries. The methodology shall consider such factors as the actual costs of each transportation disadvantaged trip based on prior-year information, efficiencies that a provider might adopt to reduce costs, results of the rate and cost comparisons conducted under subsections (24) and (25), as well as cost efficiencies of trips when compared to the local cost of transporting the general public. This subsection does not supersede the authority of the Agency for Health Care Administration to distribute Medicaid funds. (29) Incur expenses for the purchase of advertisements, marketing services, and promotional items. History. — ss. 3, 9, ch. 79-180; s. 6, ch. 80-414; s. 274, ch. 81-259; ss. 1, 3, ch. 84-56; ss. 3, 14, ch. 89-376; s. 5, ch. 91-429; s. 84, ch. 92-152; s. 65, ch. 94-237; s. 17, ch. 98-57; s. 113, ch. 98-200; s. 119, ch. 99-385; s. 102, ch. 2000-165; s. 25, ch. 2000-266; s. 2, ch. 2006-61; s. 4, ch. 2008-203; s. 105, ch. 2016-62; s. 21, ch. 2016-216; s. 47, ch. 2017-71; s. 73, ch. 2018-10; s. 9, ch. 2020-3. 427.0135 Purchasing agencies; duties and responsibilities. Each purchasing agency, in carrying out the policies and procedures of the commission, shall: (1) Use the coordinated transportation system for provision of services to its clients, unless each department or purchasing agency meets the criteria outlined in rule or statute to use an alternative provider. (2) Pay the rates established in the service plan or negotiated statewide contract, unless the purchasing agency has completed the procedure for using an alternative provider and demonstrated that a proposed alternative provider can provide a more cost-effective transportation service of comparable quality and standards or unless the agency has satisfied the requirements of subsection (3). (3) Not procure transportation disadvantaged services without initially negotiating with the commission, as provided in s. 287.057(3)(e)12., or unless otherwise authorized by statute. If the purchasing agency, after consultation with the commission, determines that it cannot reach mutually acceptable contract terms with the commission, the purchasing agency may contract for the same transportation services provided in a more cost-effective manner and of comparable or higher quality and standards. The Medicaid agency shall implement this subsection in a manner consistent with s. 409.908(18) and as otherwise limited or directed by the General Appropriations Act. (4) Identify in the legislative budget request provided to the Governor each year for the General Appropriations Act the specific amount of money the purchasing agency will allocate to provide transportation disadvantaged services. (5) Provide the commission, by September 15 of each year, an accounting of all funds spent as well as how many trips were purchased with agency funds. (6) Assist communities in developing coordinated transportation systems designed to serve the transportation disadvantaged. However, a purchasing agency may not serve as the community transportation coordinator in any designated service area. (7) Ensure that its rules, procedures, guidelines, and directives are conducive to the coordination of transportation funds and services for the transportation disadvantaged. (8) Provide technical assistance, as needed, to community transportation coordinators or transportation operators or participating agencies. History. — ss. 4, 14, ch. 89-376; s. 5, ch. 91-429; s. 66, ch. 94-237; s. 4, ch. 95-394; s. 10, ch. 96-417; s. 26, ch. 2000-266; s. 5, ch. 2008-203; s. 34, ch. 2010-151; s. 16, ch. 2013-154; s. 32, ch. 2016-65; s. 26, ch. 2017-129. 427.015 Function of the metropolitan planning organization or designated official planning agency in coordinating transportation for the transportation disadvantaged. (1) In developing the transportation improvement program, each metropolitan planning organization or designated official planning agency in this state shall include a realistic estimate of the cost and revenue that will be derived from transportation disadvantaged services in its area. The transportation improvement program shall also identify transportation improvements that will be advanced with such funds during the program period. Funds required by this subsection to be included in the transportation improvement program shall only be included after consultation with all affected agencies and shall only be expended if such funds are included in the transportation improvement program. (2) Each metropolitan planning organization or designated official planning agency shall recommend to the commission a single community transportation coordinator. However, a purchasing agency may not serve as the community transportation coordinator in any designated service area. The coordinator may provide all or a portion of needed transportation services for the transportation disadvantaged but shall be responsible for the provision of those coordinated services. Based on approved commission evaluation criteria, the coordinator shall subcontract or broker those services that are more cost-effectively and efficiently provided by subcontracting or brokering. The performance of the coordinator shall be evaluated based on the commission’s approved evaluation criteria by the coordinating board at least annually. A copy of the evaluation shall be submitted to the metropolitan planning organization or the designated official planning agency, and the commission. The recommendation or termination of any community transportation coordinator shall be subject to approval by the commission. (3) Each metropolitan planning organization or designated official planning agency shall request each local government in its jurisdiction to provide the actual expenditures of all local and direct federal funds to be expended for transportation for the disadvantaged. The metropolitan planning organization or designated official planning agency shall consolidate this information into a single report and forward it, by September 15, to the commission. History. — ss. 6, 9, ch. 79-180; ss. 1, 3, ch. 84-56; ss. 5, 14, ch. 89-376; s. 5, ch. 91-429; s. 67, ch. 94-237; s. 27, ch. 2000-266; s. 6, ch. 2008-203. 427.0155 Community transportation coordinators; powers and duties. Community transportation coordinators shall have the following powers and duties: (1) Execute uniform contracts for service using a standard contract, which includes performance standards for operators. (2) Collect annual operating data for submittal to the commission. (3) Review all transportation operator contracts annually. (4) Approve and coordinate the utilization of school bus and public transportation services in accordance with the transportation disadvantaged service plan. (5) 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. (6) 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 commission. (7) In cooperation with the coordinating board and pursuant to criteria developed by the Commission for the Transportation Disadvantaged, establish eligibility guidelines and priorities with regard to the recipients of nonsponsored transportation disadvantaged services that are purchased with Transportation Disadvantaged Trust Fund moneys. (8) Have full responsibility for the delivery of transportation services for the transportation disadvantaged as outlined in s. 427.015(2). (9) Work cooperatively with local workforce development boards established in chapter 445 to provide assistance in the development of innovative transportation services for participants in the welfare transition program. History. — ss. 6, 14, ch. 89-376; s. 5, ch. 91-429; s. 85, ch. 92-152; s. 68, ch. 94-237; s. 18, ch. 98-57; s. 103, ch. 2000-165; s. 7, ch. 2008-203; s. 22, ch. 2016-216. 427.0157 Coordinating boards; powers and duties. The purpose of each coordinating board is to develop local service needs and to provide information, advice, and direction to the community transportation coordinators on the coordination of services to be provided to the transportation disadvantaged. The commission shall, by rule, establish the membership of coordinating boards. The members of each board shall be appointed by the metropolitan planning organization or designated official planning agency. The appointing authority shall provide each board with sufficient staff support and resources to enable the board to fulfill its responsibilities under this section. Each board shall meet at least quarterly and shall: (1) Review and approve the coordinated community transportation disadvantaged service plan, including the memorandum of agreement, prior to submittal to the commission; (2) Evaluate services provided in meeting the approved plan; (3) In cooperation with the community transportation coordinator, review and provide recommendations to the commission on funding applications affecting the transportation disadvantaged; (4) Assist the community transportation coordinator 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. (5) Review the coordination strategies of service provision to the transportation disadvantaged in the designated service area; and (6) Evaluate multicounty or regional transportation opportunities. (7) Work cooperatively with local workforce development boards established in chapter 445 to provide assistance in the development of innovative transportation services for participants in the welfare transition program. History. — ss. 7, 14, ch. 89-376; s. 5, ch. 91-429; s. 86, ch. 92-152; s. 19, ch. 98-57; s. 104, ch. 2000-165; s. 8, ch. 2008-203; s. 23, ch. 2016-216. 427.0158 School bus and public transportation. (1) The community transportation coordinator shall maximize the use of public school transportation and public fixed route or fixed schedule transit service for the transportation of the transportation disadvantaged. (2) The school boards shall cooperate in the utilization of their vehicles to enhance coordinated transportation disadvantaged services by providing information as requested by the community transportation coordinator and by allowing the use of their vehicles at actual cost upon request when those vehicles are available for such use and are not transporting students. (3) The public transit fixed route or fixed schedule system shall cooperate in the utilization of its regular service to enhance coordinated transportation disadvantaged services by providing the information as requested by the community transportation coordinator. The community transportation coordinator may request, without limitation, the following information: (a) A copy of all current schedules, route maps, system map, and fare structure; (b) A copy of the current charter policy; (c) A copy of the current charter rates and hour requirements; and (d) Required notification time to arrange for a charter. History. — ss. 8, 14, ch. 89-376; s. 5, ch. 91-429; s. 9, ch. 2008-203. 427.0159 Transportation Disadvantaged Trust Fund. (1) There is established in the State Treasury the Transportation Disadvantaged Trust Fund to be administered by the Commission for the Transportation Disadvantaged. All fees collected for the transportation disadvantaged program under s. 320.03(9) shall be deposited in the trust fund. (2) Funds deposited in the trust fund shall be appropriated by the Legislature to the commission and shall be used to carry out the responsibilities of the commission and to fund the administrative expenses of the commission. (3) Funds deposited in the trust fund may be used by the commission to subsidize a portion of a transportation disadvantaged person’s transportation costs which is not sponsored by an agency, only if a cash or in-kind match is required. Funds for nonsponsored transportation disadvantaged services shall be distributed based upon the need of the recipient and according to criteria developed by the Commission for the Transportation Disadvantaged. (4) A purchasing agency may deposit funds into the Transportation Disadvantaged Trust Fund for the commission to implement, manage, and administer the purchasing agency’s transportation disadvantaged funds, as defined in s. 427.011(10). (5) The commission may expend funds to contract with alternative providers with dedicated vehicles and trained personnel specializing in paratransit services to support transportation services for persons with disabilities. Such entities shall provide specialized transportation services tailored to the specific needs of riders, that comply with service standards as established by the commission, to ensure safe and accessible mobility options. History. — ss. 9, 14, ch. 89-376; s. 5, ch. 91-429; s. 87, ch. 92-152; s. 69, ch. 94-237; s. 21, ch. 2000-257; s. 61, ch. 2001-62; s. 10, ch. 2008-203; s. 3, ch. 2025-66. 1 Note. — Section 22, ch. 2000-257, provides that “[n]otwithstanding any other law to the contrary the requirements of sections 206.46(3) and 206.606(2), Florida Statutes, shall not apply to any funding, programs, or other provisions contained in this act.” 427.016 Expenditure of local government, state, and federal funds for the transportation disadvantaged. (1)(a) All transportation disadvantaged funds expended within the state shall be expended to purchase transportation services from community transportation coordinators or public, private, or private nonprofit transportation operators within the coordinated transportation system, except when the rates charged by proposed alternate operators are proven, pursuant to rules generated by the Commission for the Transportation Disadvantaged, to be more cost-effective and are not a risk to the public health, safety, or welfare. However, in areas where transportation suited to the unique needs of a transportation disadvantaged person cannot be purchased through the coordinated system, or where the agency has met the rule criteria for using an alternative provider, the service may be contracted for directly by the appropriate agency. (b) This subsection does not preclude a purchasing agency from establishing maximum fee schedules, individualized reimbursement policies by provider type, negotiated fees, or any other mechanism, including contracting after initial negotiation with the commission, which the agency considers more cost-effective and of comparable or higher quality and standards than those of the commission for the purchase of services on behalf of its clients if it has fulfilled the requirements of s. 427.0135(3) or the procedure for using an alternative provider. State and local agencies shall not contract for any transportation disadvantaged services, including Medicaid reimbursable transportation services, with any community transportation coordinator or transportation operator that has been determined by the Agency for Health Care Administration, the Department of Legal Affairs Medicaid Fraud Control Unit, or any state or federal agency to have engaged in any abusive or fraudulent billing activities. (2) Each year, each agency, whether or not it is an ex officio, nonvoting adviser to the Commission for the Transportation Disadvantaged, shall identify in the legislative budget request provided to the Governor for the General Appropriations Act the specific amount of any money the agency will allocate for the provision of transportation disadvantaged services. Additionally, each state agency shall, by September 15 of each year, provide the commission with an accounting of the actual amount of funds expended and the total number of trips purchased. (3) Each metropolitan planning organization or designated official planning agency shall annually compile a report accounting for all local government and direct federal funds for transportation for the disadvantaged expended in its jurisdiction and forward this report by September 15 to the commission. History. — ss. 5, 9, ch. 79-180; ss. 1, 3, ch. 84-56; ss. 10, 14, ch. 89-376; s. 5, ch. 91-429; s. 88, ch. 92-152; s. 70, ch. 94-237; s. 5, ch. 95-394; s. 11, ch. 2008-203. 427.017 Conflicts with federal laws or regulations. Upon notification by an agency of the Federal Government that any provision of this act conflicts with federal laws or regulations, the state or local agencies involved may take any reasonable steps necessary to assure continued federal funding. Further, it is the legislative intent that the conflict shall not affect other provisions or applications of this act that can effectively be implemented without implementation of the provision in question, and to this end, the provisions of this act are declared severable. History. — ss. 7, 9, ch. 79-180; ss. 1, 3, ch. 84-56; s. 14, ch. 89-376; s. 5, ch. 91-429. 427.02 Paratransit service contracts for transportation service providers. (1) For purposes of this section, the term “transportation service provider” means an organization or entity that contracts with a local government to provide paratransit service to persons with disabilities using a dedicated fleet of vehicles operated by its employees or directly contracted drivers who meet paratransit service standards. The term does not include a transportation network company as defined in s. 627.748(1). (2) For contracts entered into or renewed on or after October 1, 2024, a transportation service provider must agree to: (a) Provide each driver of a motor vehicle used to provide paratransit service to persons with disabilities with access to third-party training materials which, at a minimum, meet requirements established by the Agency for Persons with Disabilities for training and professional development of staff providing direct services to clients of the agency. (b) Establish reasonable time periods between a request for service and the arrival of the transportation service provider 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 paratransit service, and any other factor deemed necessary by the provider or the local government. If a transportation service provider exhibits a pattern of late arrivals based on such established reasonable time periods, the contract must allow the local government to authorize another provider to provide such paratransit service, including the acceptance of any prepaid vouchers for future paratransit service. (c) Provide for transparency regarding the quality of paratransit service provided by the transportation service provider, including, but not limited to, data relating to the timeliness of paratransit service provided and the handling of complaints. (3) Contracts entered into or renewed on or after October 1, 2024, with transportation service providers for the provision of paratransit service to persons with disabilities must be competitively procured pursuant to s. 287.057. The procurement must use competitive sealed bids, competitive sealed proposals, or competitive sealed replies. The contract may not be awarded using an exceptional purchase provision provided for in s. 287.057(3). History. — s. 3, ch. 2024-171; s. 4, ch. 2025-66. 427.021 Adverse incidents of transportation service providers. (1) For purposes of this section, the term “transportation service provider” means an organization or entity that contracts with a local government to provide paratransit service to persons with disabilities. This term does not include the department. (2) The Commission for the Transportation Disadvantaged shall establish model procedures for transportation service providers to receive and investigate reports related to adverse incidents during the provision of services to persons with disabilities. The procedures must include a periodic review of ongoing investigations and documentation of final outcomes thereof. At a minimum, the investigation of a reported adverse incident must commence within 48 hours after receipt of the report. (3) Reports of adverse incidents received by the local government or the transportation service provider shall be submitted on a quarterly basis to the Commission for the Transportation Disadvantaged. History. — s. 4, ch. 2024-171. PART II TELECOMMUNICATIONS ACCESS SYSTEM 427.701 Title. 427.702 Findings, purpose, and legislative intent. 427.703 Definitions. 427.704 Powers and duties of the commission. 427.705 Administration of the telecommunications access system. 427.706 Advisory committee. 427.707 Exemption from liability. 427.708 Certain public safety and health care providers required to purchase and operate TDD’s. 427.701 Title. This part may be cited as the “Telecommunications Access System Act of 1991.” History. — s. 1, ch. 91-111. 427.702 Findings, purpose, and legislative intent. (1) The Legislature finds and declares that: (a) The Federal Government, in order to carry out the purposes established by Title II of the Communications Act of 1934, as amended, by the enactment of the Americans with Disabilities Act, endeavored to ensure that interstate and intrastate telecommunications relay services are available, to the extent possible and in the most efficient manner, to persons with hearing loss or speech impairment in the United States. (b) Title IV of the Americans with Disabilities Act mandates that the telecommunications companies providing telephone services within the state shall provide telecommunications relay services on or before July 25, 1993, to persons with hearing loss or speech impairment within their certificated territories in a manner that meets or exceeds the requirements of regulations to be prescribed by the Federal Communications Commission. (2) The purpose of this part is to establish a system whereby the residents of this state with hearing loss or speech impairment or who are deafblind have access to telecommunications services at a cost no greater than that paid by other telecommunications services customers, and whereby the cost of both the specialized telecommunications equipment necessary to ensure that such residents have such access to telecommunications services and the provision of telecommunications relay service is borne by all telecommunications customers in this state. (3) It is the intent of the Legislature: (a) That a telecommunications access system be established to provide equitable access to the telecommunications network for persons with hearing loss or speech impairment or who are deafblind. (b) That the telecommunications access system includes a telecommunications relay service system that meets or exceeds the certification requirements of the Federal Communications Commission. (c) That the telecommunications access system includes the distribution of telecommunications devices for the deaf that are compatible with the telecommunications relay service system and has the capability of incorporating new technologies as they develop. (d) That the telecommunications access system includes the distribution of specialized telecommunications devices necessary for persons with hearing loss or speech impairment or who are deafblind to access telecommunications services. (e) That the telecommunications access system provides access to specialized communications technology capable of using existing or future devices or equipment necessary for persons with hearing loss or speech impairment or who are deafblind to access telecommunications services. (f) That the telecommunications access system ensures that users of the telecommunications relay service system pay rates no greater than the rates paid for functionally equivalent voice communications services. (g) That the telecommunications access system be as cost-efficient as possible without diminishing the effectiveness or the quality of the system. (h) That the telecommunications access system uses state-of-the-art technology for specialized telecommunications devices, specialized communications technology, and the telecommunications relay service and encourages the incorporation of new developments in technology, to the extent that it has demonstrated benefits consistent with the intent of this act and is in the best interest of the residents of this state. (i) That the value of the involvement of persons with hearing loss or speech impairment, or who are deafblind, and organizations representing or serving those persons, be recognized and such persons and organizations be involved throughout the development, establishment, and implementation of the telecommunications access system through participation on the advisory committee as provided in s. 427.706. (j) That the total cost of providing telecommunications relay services and distributing specialized telecommunications devices be spread equitably among and collected from customers of all local exchange telecommunications companies. History. — s. 1, ch. 91-111; s. 1, ch. 2025-148. 427.703 Definitions. As used in this part: (1) “Administrator” means a corporation not for profit incorporated pursuant to chapter 617 and designated by the Florida Public Service Commission to administer the telecommunications access system pursuant to this act and rules and regulations established by the commission. (2) “Commercial mobile radio service” or “CMRS” means a mobile radio communications service, provided for profit, which is interconnected to the public switched network and is available to the public or to such classes of eligible users as to be effectively available to a substantial portion of the public. The term does not include services that do not provide access to 911 service, communication channels suitable only for data transmission, wireless roaming services or other nonlocal radio access line services, or private telecommunications systems. (3) “Commission” means the Florida Public Service Commission. (4) “Communications service” means a service provided to subscribers through wireline telecommunications equipment, interconnected VoIP, or CMRS. (5) “Deaf” means having a permanent hearing impairment and being unable to discriminate speech sounds in verbal communication, with or without the assistance of amplification devices. (6) “Deaf service center” means a center that serves, within a defined region, individuals with hearing loss or speech impairment or who are deafblind, by distributing equipment and providing services on behalf of the administrator. (7) “Deaf service center director” means an individual who serves as the director for a deaf service center and is responsible for ensuring that individuals with hearing loss or speech impairment or who are deafblind are qualified to receive equipment or services in accordance with ss. 427.701-427.708, based on their impairment by attesting to such impairment as provided for in the procedures developed by the administrator. (8) “Deafblind” means having both a permanent hearing impairment and a permanent visual impairment and includes dual sensory impairment. (9) “Hard of hearing” means having a permanent hearing impairment which is severe enough to necessitate the use of amplification devices to discriminate speech sounds in verbal communication. (10) “Hearing loss” or “having a hearing impairment” means deaf, late-deafened, or hard of hearing. (11) “Interconnected voice-over-Internet protocol” or “interconnected VoIP” means a service that does all of the following: (a) Enables subscribers to have real-time, two-way voice communications. (b) Requires a broadband connection. (c) Requires customer equipment compatible with Internet protocol. (d) Allows subscribers to receive calls from and place calls to a public switched telephone network. The term does not include services that do not provide access to 911 service or private telecommunications systems. (12) “Local exchange telecommunications company” means a telecommunications company certificated by the commission to provide telecommunications services within a specific geographic area. (13) “Operating fund” means the fund established, invested, managed, and maintained by the administrator for the exclusive purpose of implementing and administering the provisions of this act pursuant to commission rules and regulations. (14) “Regional distribution center” means an entity, including, but not limited to, a deaf service center or a provider of audiology services, which has contracted with the administrator to distribute equipment and provide services to qualified individuals with hearing loss or speech impairment or who are deafblind. (15) “Regional distribution center director” means an individual qualified by the administrator who serves as the director for a regional distribution center and meets the standards for ensuring that individuals with hearing loss or speech impairment or who are deafblind are qualified to receive equipment or services in accordance with ss. 427.701-427.708, based on their impairment by attesting to such impairment as provided for in the procedures developed by the administrator. (16) “Ring signaling device” means a mechanism, such as a flashing light, which visually indicates that a communication is being received through a telephone line. This term also means a mechanism such as an adjustable volume ringer and buzzer which audibly and loudly indicates an incoming telephone communication. (17) “Specialized communications technology” means mobile devices, tablet computers, software, or applications that can be used to provide communications services to a hearing impaired, speech impaired, or deafblind person. (18) “Specialized telecommunications device” means a TDD, a volume control handset, a ring signaling device, or any equipment that can be used to provide access to communications services for a person with hearing loss or speech impairment or who is deafblind. (19) “Speech impaired” or “speech impairment” means having a permanent loss of verbal communication ability that prohibits normal usage of a standard telephone handset. (20) “Surcharge” means an additional charge paid by local exchange telecommunications company subscribers pursuant to the cost recovery mechanism established under s. 427.704(4) in order to implement the system described herein. (21) “Telecommunications access system” means the system administered pursuant to this section, and includes the administration of the telecommunications relay service system and the distribution of specialized telecommunications devices and specialized communications technologies pursuant to ss. 427.701-427.708 and rules and regulations established by the commission. (22) “Telecommunications company” includes every corporation, partnership, and person and their lessees, trustees, or receivers appointed by any court whatsoever, and every political subdivision of the state, offering two-way telecommunications service to the public for hire within this state by the use of a telecommunications facility. The term “telecommunications company” does not include an entity which provides a telecommunications facility exclusively to a certificated telecommunications company, or a specialized mobile radio service operator, a private radio carrier, a radio common carrier, a cellular radio telecommunications carrier, or a cable television company providing cable service as defined in 47 U.S.C. s. 522. (23) “Telecommunications device for the deaf,” “TDD,” or “text device” means a mechanism that is connected to a communications network, operated by means of a keyboard, and used to transmit or receive signals through telephone lines or other communications service facilities. (24) “Telecommunications facility” includes real estate, easements, apparatus, property, and routes used and operated to provide two-way telecommunications service to the public for hire within this state. (25) “Telecommunications relay service” means any telecommunications transmission service that allows a person with hearing loss or speech impairment to communicate by wire or radio in a manner that is functionally equivalent to the ability of a person who does not have hearing loss or speech impairment. Such term includes any service that enables two-way communication between a person who uses a telecommunications device or other nonvoice terminal device and a person who does not use such a device. (26) “Volume control handset” means a telephone which has an adjustable control for increasing the volume of the sound being produced by the telephone receiving unit or by the telephone transmitting unit. History. — s. 1, ch. 91-111; s. 2, ch. 2025-148; s. 34, ch. 2026-14. 427.704 Powers and duties of the commission. (1) The commission shall establish, implement, promote, and oversee the administration of a statewide telecommunications access system to provide access to telecommunications relay services by persons with hearing loss or speech impairment or who are deafblind, or others who communicate with them. The telecommunications access system must provide for the purchase and distribution of specialized telecommunications devices, equipment, specialized communications technology, and the establishment of a statewide single provider telecommunications relay service system that operates continuously. To provide telecommunications relay services and distribute specialized telecommunication devices, equipment, and specialized communications technology to persons with hearing loss or speech impairment or who are deafblind, at a reasonable cost the commission shall: (a) Investigate, conduct public hearings, and solicit the advice and counsel of the advisory committee established pursuant to s. 427.706 to determine the most cost-effective method for providing telecommunications relay service and distributing specialized telecommunications devices, equipment, and specialized communications technology. (b) Ensure that users of the telecommunications relay service system pay rates no greater than the rates paid for functionally equivalent voice communication services with respect to such factors as duration of the call, time of day, and distance from the point of origination to the point of termination. (c) Ensure that the telecommunications access system protects the privacy of persons to whom services are provided and that all operators maintain the confidentiality of all relay service messages. (d) Ensure that the telecommunications relay service system complies with regulations adopted by the Federal Communications Commission to implement Title IV of the Americans with Disabilities Act. (e) Set eligibility requirements for the distribution of specialized communications technology based on income qualifications or participation in other state or federal programs based on income, which requirements must be set at no less than double but no more than triple the federal poverty level. Eligibility requirements may not prohibit the administrator from providing access to specialized communications technologies if such access has a de minimis value. This paragraph does not apply to specialized telecommunications devices using standard telephone lines. (2) The commission shall designate as the administrator of the telecommunications access system a corporation not for profit organized for such purposes and incorporated pursuant to chapter 617. For the purposes of this part, the commission may order telecommunications companies to form such a corporation not for profit. (3)(a) The commission shall select a provider of telecommunications relay service pursuant to procedures established by the commission. In selecting a service provider, the commission shall take into consideration the cost of providing relay service and the interests of the hearing loss, speech impairment, and deafblind community in having access to a high-quality and technologically advanced telecommunications system. The commission shall award the contract to the bidder whose proposal is the most advantageous to the state, taking into consideration the following: 1. The appropriateness and accessibility of the proposed telecommunications relay service for the residents of this state, including persons with hearing loss or speech impairment or who are deafblind. 2. The overall quality of the proposed telecommunications relay service. 3. The charges for the proposed telecommunications relay service system. 4. The ability and qualifications of the bidder to provide the proposed telecommunications relay service as outlined in the request for proposals. 5. Any proposed service enhancements and technological enhancements which improve service without significantly increasing cost. 6. Any proposed inclusion of provision of assistance to deaf persons with special needs to access the telecommunications system. 7. The ability to meet the proposed commencement date for the telecommunications relay service. 8. All other factors listed in the request for proposals. (b) The commission shall consider the advice and counsel of the advisory committee in the development of the request for proposals. The request for proposals shall include, but not be limited to: 1. A description of the scope and general requirements of the telecommunications relay service, including the required compliance with regulations adopted by the Federal Communications Commission to implement Title IV of the Americans with Disabilities Act, the required service provisions and service limitations, system design, service provider qualifications, and service description, type of calls to be provided, and charges to the users. 2. A description of the telecommunications relay service system standards. 3. A description of information to be provided by the bidder, including service provider qualifications, cost information, including cost per call and startup costs, a description of the system design, including network access and facilities to be provided, and relay operator standards. 4. A description of service provider reporting requirements. (c) The commission shall establish a request for a proposals review committee, which shall include commission staff and designated members of the advisory committee, to review the proposals received by the commission and recommend a telecommunications relay service provider to the commission for final selection. By agreeing to serve on the review committee, each member of the review committee shall agree that he or she currently does not have and will not have any interest or employment, either directly or indirectly, with potential bidders that would conflict in any manner or degree with his or her performance on the committee. (d) To the extent a bidder desires any portion of its proposal to be considered proprietary, confidential business information, the bidder shall make such request concurrent with filing its proposal and justify its request as provided in s. 364.183. (4)(a) The commission shall establish a mechanism to recover the costs of implementing and maintaining the services required pursuant to this part which must be applied to each basic telecommunications access line. In establishing the recovery mechanism, the commission shall: 1. Require all local exchange telecommunications companies to impose a monthly surcharge on all local exchange telecommunications company subscribers on an individual access line basis, except that such surcharge may not be imposed upon more than 25 basic telecommunications access lines per account bill rendered. 2. Require all local exchange telecommunications companies to include the surcharge as a part of the local service charge that appears on the customer’s bill, except that the local exchange telecommunications company shall specify the surcharge on the initial bill to the subscriber and itemize it at least once annually. 3. Allow the local exchange telecommunications company to deduct and retain 1 percent of the total surcharge amount collected each month to recover the billing, collecting, remitting, and administrative costs attributed to the surcharge. (b) The commission shall determine the amount of the surcharge based upon the amount of funding necessary to accomplish the purposes of this act and provide the services on an ongoing basis; however, in no case shall the amount exceed 15 cents per line per month. (c) All moneys received by the local exchange telecommunications company, less the amount retained as authorized by subparagraph (4)(a)3., shall be remitted to the administrator for deposit in appropriate financial institutions regulated under state or federal law and used exclusively to fund the telecommunications access system provided for herein. (d) The surcharge collected by the local exchange telecommunications companies is not subject to any sales, use, franchise, income, municipal utility, gross receipts, or any other tax, fee, or assessment, nor shall it be considered revenue of the local exchange telecommunications companies for any purpose. (e) From the date of implementing the surcharge, the commission shall review the amount of the surcharge at least annually and shall order changes in the amount of the surcharge as necessary to assure available funds for the provision of the telecommunications access system established herein. Where the review of the surcharge determines that excess funds are available, the commission may order the suspension of the surcharge for a period that the commission deems appropriate. The commission may not increase the surcharge when excess funds are available. (5) Each local exchange telecommunications company shall remit moneys collected to the administrator on a monthly basis and in a manner as prescribed by the commission. The administrator shall use such moneys to administer the telecommunications access to cover costs incurred during the development of the telecommunications relay services and to establish and administer the specialized telecommunications devices system. (6) The commission shall require the administrator to submit financial statements for the distribution of specialized telecommunications devices and for specialized communications technology and for the telecommunications relay service to the commission quarterly, in the manner prescribed by the commission. (7) The commission shall adopt rules and may take any other action necessary to implement this act. (8) The commission shall prepare an annual report on the operation of the telecommunications access system and shall make such report available on the commission’s website. Reports must be prepared in consultation with the administrator and the advisory committee appointed pursuant to s. 427.706. The reports must, at a minimum, briefly outline the status of developments in the telecommunications access system, the number of persons served, the call volume, revenues and expenditures, the allocation of the revenues and expenditures between provision of specialized telecommunications devices and specialized communications technologies to individuals and operation of statewide relay service, other major policy or operational issues, and proposals for improvements or changes to the telecommunications access system. History. — s. 1, ch. 91-111; s. 11, ch. 2000-334; s. 139, ch. 2010-102; s. 3, ch. 2025-148. 427.705 Administration of the telecommunications access system. (1) Consistent with the provisions of this act and rules and regulations established by the commission, the administrator shall: (a) Purchase, license, store, distribute, and maintain specialized telecommunications devices, equipment, and specialized communications technology, either directly or through contract with third parties, or a combination thereof. (b) Administer advertising and outreach services as required by the commission, either directly or through contract with third parties, or a combination thereof. (c) Administer training services for recipients of specialized telecommunications devices, equipment, and specialized communications techn