House Bill 4767

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    Florida House of Representatives - 1998                HB 4767

        By Representative Westbrook






  1                      A bill to be entitled

  2         An act relating to vehicles used by state

  3         agencies; amending s. 20.055, F.S.; requiring a

  4         report from agency heads on employee use of

  5         state motor vehicles; amending s. 287.151,

  6         F.S.; deleting an exception to the requirement

  7         that certain motor vehicles procured by the

  8         state must be subcompact vehicles; amending s.

  9         287.16, F.S., relating to the powers of the

10         Division of Motor Pool of the Department of

11         Management Services; requiring a report on

12         break-even mileage to be submitted biennially

13         to agency inspectors general; amending s.

14         287.17, F.S.; providing definitions; providing

15         criteria to be followed by an agency head in

16         assigning a state-owned motor vehicle to an

17         employee; providing an effective date.

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19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  Subsection (9) is added to section 20.055,

22  Florida Statutes, to read:

23         20.055  Agency inspectors general.--

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

25  2000, conduct a review of motor vehicle utilization with

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

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

28  determine the number of miles that each assigned motor vehicle

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

30  year. Commuting mileage shall be excluded from calculating

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

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    Florida House of Representatives - 1998                HB 4767

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  1  whether employees with assigned motor vehicles are driving the

  2  vehicles a sufficient number of miles to warrant continued

  3  vehicle assignment. The second part of the review shall

  4  identify employees who have driven personal vehicles

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

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

  7  cost-effective to provide state motor vehicles to such

  8  employees. In making this determination, the inspector general

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

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

11  be presented to the Office of Program Policy Analysis and

12  Government Accountability.

13         Section 2.  Subsection (1) of section 287.151, Florida

14  Statutes, is amended to read:

15         287.151  Limitation on classes of motor vehicles

16  procured.--

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

18  state with funds provided in the General Appropriations Act

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

20  enforcement purposes by law enforcement officers of the state,

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

22  three adults or bulk materials, or vehicles operated

23  frequently on unpaved roads. All vehicles purchased shall be

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

25  transportation requirements.  The exception from the

26  subcompact vehicle requirement for law enforcement purposes

27  shall not apply to state attorneys and public defenders.

28         Section 3.  Subsection (11) is added to section 287.16,

29  Florida Statutes, to read:

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    Florida House of Representatives - 1998                HB 4767

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  1         287.16  Powers and duties of division.--The Division of

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

  3  responsibilities:

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

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

  6  assigned motor vehicles to employees. The division shall

  7  provide the information to agency heads and agency inspectors

  8  general to assist them in meeting the reporting requirements

  9  of s. 20.055.

10         Section 4.  Section 287.17, Florida Statutes, is

11  amended to read:

12         287.17  Limitation on use of motor vehicles and

13  aircraft.--

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

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

16  be available for official state business only as authorized by

17  agency heads, as defined in s. 287.012.

18         (2)  The following criteria shall be considered in

19  determining appropriate uses of motor vehicles and aircraft:

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

21  necessary to carry out state official or employee job

22  assignments.

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

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

25  authorized by the agency head for purposes of conducting

26  official state business or for purposes of performing services

27  for the state.

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

29  directed by the agency head to provide security or

30  transportation pursuant to s. 281.20.

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    Florida House of Representatives - 1998                HB 4767

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

  2  motor vehicle or aircraft for the protection of life or

  3  property.

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

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

  6  personal business or commuting purposes, unless special

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

  8  the Department of Management Services, required by an employee

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

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

11  the official base of operation.

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

13  comply with the following criteria for the special assignment

14  of motor vehicles:

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

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

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

18  annually on official state business, unless an agency head

19  annually provides written justification for the need of the

20  assignment of a motor vehicle. Commuting mileage incidental to

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

22  excluded from calculating the projected mileage. Priority in

23  assigning motor vehicles shall be given to those employees who

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

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

26  officers and employees who perform duties related to law

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

28  pursuit motor vehicle to an officer or employee whose job

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

30  enforcement function requiring a pursuit vehicle.

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    Florida House of Representatives - 1998                HB 4767

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  1         (5)(4)  A person who is not otherwise authorized in

  2  this section may accompany the Governor, the Lieutenant

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

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

  5  Chief Justice of the Supreme Court when such official is

  6  traveling on state aircraft for official state business and

  7  the aircraft is traveling with seats available.

  8  Transportation of a person accompanying any official specified

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

10  shall also guarantee payment of the transportation charges.

11  When the person accompanying such official is not traveling on

12  official state business as provided in this section, the

13  transportation charge shall be a prorated share of all fixed

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

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

16  specified in this subsection may, without payment of

17  transportation charges, accompany the official when such

18  official is traveling for official state business and the

19  aircraft has seats available.

20         (6)(5)  It is the intention of the Legislature that

21  persons traveling on state aircraft for purposes consistent

22  with, but not necessarily constituting, official state

23  business may travel only when accompanying persons who are

24  traveling on official state business and that such persons

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

26  A person traveling on state aircraft for purposes other than

27  official state business shall pay for any trip not exclusively

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

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

30  of such aircraft.

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    Florida House of Representatives - 1998                HB 4767

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  1         Section 5.  This act shall take effect July 1 of the

  2  year in which enacted.

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  5                          HOUSE SUMMARY

  6
      Requires a report from agency heads on employee use of
  7    state motor vehicles by December 31, 2000. Deletes an
      exception from the subcompact vehicle requirement for law
  8    enforcement purposes which applied to state attorneys and
      public defenders. Requires the Division of Motor Pool of
  9    the Department of Management Services to calculate
      biennially the break-even mileage at which it becomes
10    cost-effective for the state to provide assigned motor
      vehicles to employees and to submit such information to
11    agency heads and agency inspectors general. Provides
      criteria to be followed by an agency head in assigning a
12    state-owned motor vehicle to an employee. See bill for
      details.
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