Notice of Proposed Rule

COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
RULE NO: RULE TITLE
41-2.002: Definitions
PURPOSE AND EFFECT: The amendments made to the rule brings the rule into compliance with the new legislative changes.
SUMMARY: The amendments made to the rule brings the rule into compliance with the new legislative changes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Cost was prepared. The Board has determined that the proposed amendments would not have an impact on small business.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 476.064(4) FS.
LAW IMPLEMENTED: 455.225(3) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bobby Jernigan, Interim Executive Director, 605 Suwannee Street, MS-49, Tallahassee, FL 32399-0405

THE FULL TEXT OF THE PROPOSED RULE IS:

41-2.002 Definitions.

For purposes of this rule chapter, the following definitions will apply:

(1) No change.

(2) “Annual Budget Estimate” means a budget estimate of funding resources available for providing transportation services to the transportation disadvantaged, and which is prepared annually to cover a period of one state fiscal year. The estimate shall identify local, state, and federal government transportation disadvantaged funds available from all agencies and local and federal transportation disadvantaged funds from the Official Planning Agency.

(2)(3) “Coordination Contract” means a written contract between the Community Transportation Coordinator and an agency who receives transportation disadvantaged funds and performs some, if not all, of its own transportation services, as well as transportation services to others, when shown to be more effective and more efficient from a total system perspective. The contract reflects the specific terms and conditions that will apply to those agencies who perform their own transportation, as well as joint utilization and cost provisions for transportation services to and from the community transportation coordinator.

(3)(4) “Designated Official Planning Agency” means the official body or agency designated by the Commission to fulfill the functions of transportation disadvantaged planning in areas not covered by a Metropolitan Planning Organization. The Metropolitan Planning Organization shall serve as the designated official planning agency in areas covered by such organizations.

(4)(5) “Designated Service Area” means a geographical area recommended by a designated official planning agency, subject to approval by the Commission, which defines the community where coordinated transportation services will be provided to the transportation disadvantaged.

(5)(6) “Emergency” means any occurrence, or threat thereof, whether accidental, natural or caused by man, in war or in peace, which results or may result in substantial denial of transportation services to a designated service area for the transportation disadvantaged population.

(6)(7) “Emergency Fund” means transportation disadvantaged trust fund monies set aside to address emergency situations and which can be utilized by direct contract, without competitive bidding, between the Commission and an entity to handle transportation services during a time of emergency.

(7)(8) “Florida Coordinated Transportation System” (FCTS) means a transportation system responsible for coordination and service provisions for the transportation disadvantaged as outlined in Chapter 427, Florida Statutes.

(8)(9) “Local Government” means an elected and/or appointed public body existing to coordinate, govern, plan, fund and administer public services within a designated, limited geographic area within the state.

(9)(10) “Local Government Comprehensive Plan” means a plan that meets the requirements of Sections 163.3177 and 163.3178, Florida Statutes.

(10)(11) “Memorandum of Agreement” is the state contract for transportation disadvantaged services purchased with federal, state or local government transportation disadvantaged funds. This agreement is between the Commission and the Community Transportation Coordinator and recognizes the Community Transportation Coordinator as being responsible for the arrangement of the provision of transportation disadvantaged services for a designated service area.

(11)(12) “Public Transit” means the transporting of people by conveyances or systems of conveyances, traveling on land or water, local or regional in nature, and available for use by the public. Public transit systems may be governmentally or privately owned. Public transit specifically includes those forms of transportation commonly known as “paratransit”.

(12)(13) “Regional Planning Council (RPC)” means the organization created under the provisions of Section 186.504, Florida Statutes.

(13)(14) “Reserve Fund” means transportation disadvantaged trust fund monies set aside each budget year to insure adequate cash is available for incoming reimbursement requests when estimated revenues do not materialize.

(14)(15) “State Fiscal Year” means the period from July 1 through June 30 of the following year.

(15)(16) “Transportation Disadvantaged Service Plan” means an annually updated plan jointly developed by the designated official planning agency and the Community Transportation Coordinator which contains a development plan, service plan, and quality assurance components. The plan shall be approved and used by the local Coordinating Board to evaluate the Community Transportation Coordinator.

(16)(17) “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 transportation development plan.

(17)(18) “Transportation Operator Contract” means a written contract between the Community Transportation Coordinator and the Transportation Operators, as approved by the Commission, that outlines the terms and conditions for any services to be performed.

(18)(19) “Trust Fund” means the Transportation Disadvantaged Trust Fund authorized in Section 427.0159, Florida Statutes, and administered by the Commission.

Rulemaking Specific Authority 427.013(9) FS. Law Implemented 427.011-427.017 FS. History–New 5-2-90, Amended 6-17-92, 1-4-94, 7-11-95, 5-1-96, 10-1-96, 3-10-98, ________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Commission for the Transpoatation Disadvantaged
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commission for the Transpoatation Disadvantaged
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 30, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 13, 2009