CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 4149

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on General Government Appropriations offered the

12  following:

13

14         Amendment (with title amendment) 

15         On page 62, between lines 4 and 5,

16

17  and insert in lieu thereof:

18         Section 50.  Subsection (9) is added to section 20.055,

19  Florida Statutes, to read:

20         20.055  Agency inspectors general.--

21         (9)  Each state agency's head shall, by December 31,

22  2000, conduct a review of motor vehicle utilization with

23  oversight from the agency's inspector general. This review

24  shall consist of two parts. The first part of the review shall

25  determine the number of miles that each assigned motor vehicle

26  has been driven on official state business in the past fiscal

27  year. Commuting mileage shall be excluded from calculating

28  vehicle use. The purpose of this review is to determine

29  whether employees with assigned motor vehicles are driving the

30  vehicles a sufficient number of miles to warrant continued

31  vehicle assignment. The second part of the review shall

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 4149

    Amendment No.     (for drafter's use only)





 1  identify employees who have driven personal vehicles

 2  extensively on state business in the past fiscal year. The

 3  purpose of this review is to determine whether it would be

 4  cost-effective to provide state motor vehicles to such

 5  employees. In making this determination, the inspector general

 6  shall use the break-even mileage criteria developed by the

 7  Department of Management Services. A copy of the review shall

 8  be presented to the Office of Program Policy Analysis and

 9  Government Accountability.

10         Section 51.  Subsection (1) of section 287.151, Florida

11  Statutes, is amended to read:

12         287.151  Limitation on classes of motor vehicles

13  procured.--

14         (1)  All motor vehicles purchased or leased by the

15  state with funds provided in the General Appropriations Act

16  shall be of the subcompact class except vehicles used for law

17  enforcement purposes by law enforcement officers of the state,

18  used as tow vehicles, routinely used to transport more than

19  three adults or bulk materials, or vehicles operated

20  frequently on unpaved roads. All vehicles purchased shall be

21  of the smallest class that can safely and adequately meet the

22  transportation requirements.  The exception from the

23  subcompact vehicle requirement for law enforcement purposes

24  shall not apply to state attorneys and public defenders.

25         Section 52.  Subsection (3) of section 287.16, Florida

26  Statutes, is amended, and subsection (11) is added to that

27  section, to read:

28         287.16  Powers and duties of division.--The Division of

29  Motor Pool shall have the following powers, duties, and

30  responsibilities:

31         (3)  In its discretion, to require every state agency

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 4149

    Amendment No.     (for drafter's use only)





 1  to transfer its ownership, custody, and control of every

 2  aircraft and motor vehicle, and associated maintenance

 3  facilities and equipment, except those used principally for

 4  law enforcement, state fire marshal, or fire control purposes,

 5  to the Department of Management Services, including all right,

 6  title, interest, and equity therein.

 7         (11)  To calculate biennially the break-even mileage at

 8  which it becomes cost-effective for the state to provide

 9  assigned motor vehicles to employees. The division shall

10  provide the information to agency heads and agency inspectors

11  general to assist them in meeting the reporting requirements

12  of s. 20.055.

13         Section 53.  Section 287.17, Florida Statutes, is

14  amended to read:

15         287.17  Limitation on use of motor vehicles and

16  aircraft.--

17         (1)  The aircraft and motor vehicles owned, leased, or

18  operated by any state agency, as defined in s. 287.012, shall

19  be available for official state business only as authorized by

20  agency heads, as defined in s. 287.012.

21         (2)  The following criteria shall be considered in

22  determining appropriate uses of motor vehicles and aircraft:

23         (a)  Whether the use of a motor vehicle or aircraft is

24  necessary to carry out state official or employee job

25  assignments.

26         (b)  Whether the use of a motor vehicle or aircraft is

27  for transporting an employee, state official, or other person

28  authorized by the agency head for purposes of conducting

29  official state business or for purposes of performing services

30  for the state.

31         (c)  Whether the Department of Law Enforcement has been

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 4149

    Amendment No.     (for drafter's use only)





 1  directed by the agency head to provide security or

 2  transportation pursuant to s. 281.20.

 3         (d)  Whether an emergency exists requiring the use of a

 4  motor vehicle or aircraft for the protection of life or

 5  property.

 6         (3)  The term "official state business" may not be

 7  construed to permit the use of a motor vehicle or aircraft for

 8  personal business or commuting purposes, unless special

 9  assignment of a motor vehicle is authorized as a perquisite by

10  the Department of Management Services, required by an employee

11  after normal duty hours to perform duties of the position to

12  which assigned, or authorized for an employee whose home is

13  the official base of operation.

14         (4)  An agency head, as defined in s. 287.012, shall

15  comply with the following criteria for the special assignment

16  of motor vehicles:

17         (a)  An agency head may assign a motor vehicle to a

18  state officer or employee only if the officer or employee is

19  projected to drive the motor vehicle a minimum of 10,000 miles

20  annually on official state business, unless an agency head

21  annually provides written justification for the need of the

22  assignment of a motor vehicle. Commuting mileage incidental to

23  use of the motor vehicle on official state business shall be

24  excluded from calculating the projected mileage. Priority in

25  assigning motor vehicles shall be given to those employees who

26  drive over 15,000 miles annually on state business.

27         (b)  An agency head may assign motor vehicles to state

28  officers and employees who perform duties related to law

29  enforcement. However, the agency head shall not assign a

30  pursuit motor vehicle to an officer or employee whose job

31  duties do not routinely require performance of a patrol or law

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 4149

    Amendment No.     (for drafter's use only)





 1  enforcement function requiring a pursuit vehicle.

 2         (5)(4)  A person who is not otherwise authorized in

 3  this section may accompany the Governor, the Lieutenant

 4  Governor, a member of the Cabinet, the President of the

 5  Senate, the Speaker of the House of Representatives, or the

 6  Chief Justice of the Supreme Court when such official is

 7  traveling on state aircraft for official state business and

 8  the aircraft is traveling with seats available.

 9  Transportation of a person accompanying any official specified

10  in this subsection shall be approved by the official, who

11  shall also guarantee payment of the transportation charges.

12  When the person accompanying such official is not traveling on

13  official state business as provided in this section, the

14  transportation charge shall be a prorated share of all fixed

15  and variable expenses related to the ownership, operation, and

16  use of such state aircraft.  The spouse of any official

17  specified in this subsection may, without payment of

18  transportation charges, accompany the official when such

19  official is traveling for official state business and the

20  aircraft has seats available.

21         (6)(5)  It is the intention of the Legislature that

22  persons traveling on state aircraft for purposes consistent

23  with, but not necessarily constituting, official state

24  business may travel only when accompanying persons who are

25  traveling on official state business and that such persons

26  shall pay the state for all costs associated with such travel.

27  A person traveling on state aircraft for purposes other than

28  official state business shall pay for any trip not exclusively

29  for state business by paying a prorated share of all fixed and

30  variable expenses related to the ownership, operation, and use

31  of such aircraft.

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 4149

    Amendment No.     (for drafter's use only)





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 5, line 5,

 4

 5  after the semicolon insert:

 6         amending s. 20.055, F.S.; requiring a report

 7         from agency heads on employee use of state

 8         motor vehicles; amending s. 287.151, F.S.;

 9         revising purchasing requirements for state

10         motor vehicles used by state attorneys and

11         public defenders; amending s. 287.16, F.S.,

12         relating to the powers of the Division of Motor

13         Pool of the Department of Management Services;

14         removing the power to require transfer of

15         ownership, custody, or control of aircraft and

16         motor vehicles used principally for state fire

17         marshal purposes; requiring a report on

18         break-even mileage to be submitted biennially

19         to agency inspectors general; amending s.

20         287.17, F.S.; providing definitions; providing

21         criteria to be followed by an agency head in

22         assigning a state-owned motor vehicle to an

23         employee;

24

25

26

27

28

29

30

31

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