Senate Bill 0822

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    Florida Senate - 1998                                   SB 822

    By Senator Williams





    4-649-98

  1                      A bill to be entitled

  2         An act relating to vehicles used by state

  3         agencies; requiring a report from agency

  4         inspectors general on employee use of state

  5         motor vehicles; amending s. 287.16, F.S.,

  6         relating to the powers of the Division of Motor

  7         Pool of the Department of Management Services;

  8         authorizing the division to operate a

  9         centralized vehicle leasing program; providing

10         for the deposit of lease payments; specifying

11         the use of lease payments; requiring a report

12         to be submitted biennially to agency inspectors

13         general; amending s. 287.17, F.S.; providing

14         definitions; providing criteria to be followed

15         by an agency head in assigning a state-owned

16         motor vehicle to an employee; providing an

17         effective date.

18

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

20

21         Section 1.  Each state agency's inspector general

22  shall, by December 30, 2000, conduct or oversee a review of

23  motor vehicle utilization. This review shall consist of two

24  parts. The first part of the review shall determine the number

25  of miles that each assigned motor vehicle has been driven on

26  official state business in the past fiscal year. Commuting

27  mileage shall be excluded from calculating vehicle use. The

28  purpose of this review is to determine whether employees with

29  assigned motor vehicles are driving the vehicles a sufficient

30  number of miles to warrant continued vehicle assignment. The

31  second part of the review shall identify employees who have

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    Florida Senate - 1998                                   SB 822
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  1  driven personal vehicles extensively on state business in the

  2  past fiscal year. The purpose of this review is to determine

  3  whether it would be cost-effective to provide state motor

  4  vehicles to such employees. In making this determination, the

  5  inspector general shall use the break-even mileage criteria

  6  developed by the Department of Management Services. A copy of

  7  the review shall be presented to the Office of Program Policy

  8  Analysis and Government Accountability and to the agency head.

  9         Section 2.  Section 287.16, Florida Statutes, is

10  amended to read:

11         287.16  Powers and duties of division.--The Division of

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

13  responsibilities:

14         (1)  To obtain the most effective and efficient use of

15  motor vehicles, watercraft, and aircraft for state purposes.

16         (2)  To establish and operate central facilities for

17  the acquisition, disposal, operation, maintenance, repair,

18  storage, supervision, control, and regulation of all

19  state-owned or state-leased aircraft and motor vehicles and to

20  operate any state facilities for those purposes.  Acquisition

21  may be by purchase, lease, loan, or in any other legal manner.

22         (3)  Effective July 1, 1999, to establish and operate a

23  centralized state vehicle leasing program through which a

24  state agency may lease vehicles from the division. All lease

25  payments submitted to the division shall be deposited into the

26  Motor Vehicle Operating Trust Fund for the replacement,

27  operation, or maintenance of the vehicles.

28         (4)(3)  In its discretion, to require every state

29  agency to transfer its ownership, custody, and control of

30  every aircraft and motor vehicle, and associated maintenance

31  facilities and equipment, except those used principally for

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  1  law enforcement or fire control purposes, to the Department of

  2  Management Services, including all right, title, interest, and

  3  equity therein.

  4         (5)(4)  Upon requisition and showing of need, to assign

  5  suitable aircraft or motor vehicles, on a temporary (for a

  6  period up to and including 1 month) or permanent (for a period

  7  from 1 month up to and including 1 full year) basis, to any

  8  state agency.

  9         (6)(5)  To allocate and charge fees to the state

10  agencies to which aircraft or motor vehicles are furnished,

11  based upon any reasonable criteria.

12         (7)(6)  To adopt and enforce rules and regulations for

13  the efficient and safe use, operation, maintenance, repair,

14  and replacement of all state-owned or state-leased aircraft

15  and motor vehicles and to require the placement of appropriate

16  stickers, decals, or other markings upon the aircraft and

17  motor vehicles of the state.  The division may delegate to the

18  respective heads of the agencies to which aircraft and motor

19  vehicles are assigned the duty of enforcing the rules and

20  regulations adopted by the division.

21         (8)(7)  To contract for specialized maintenance

22  services.

23         (9)(8)  To require any state agency to keep records and

24  make reports regarding aircraft and motor vehicles to the

25  division as may be required. The Department of Highway Safety

26  and Motor Vehicles may use the reporting system in effect on

27  October 1, 1983, until July 1, 1984. Beginning July 1, 1984,

28  the Department of Highway Safety and Motor Vehicles shall use

29  a reporting system approved by the division. The division

30  shall assist the Department of Highway Safety and Motor

31  Vehicles in developing or implementing a reporting system

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  1  prior to July 1, 1984, which shall specifically address the

  2  needs and requirements of the division and the Department of

  3  Highway Safety and Motor Vehicles.

  4         (10)(9)  To establish and operate central facilities to

  5  determine the mode of transportation to be used by state

  6  employees traveling on official state business and to schedule

  7  and coordinate use of state-owned or state-leased aircraft and

  8  passenger-carrying vehicles to assure maximum utilization of

  9  state aircraft, motor vehicles, and employee time by assuring

10  that employees travel by the most practical and economical

11  mode of travel.  The division shall consider the number of

12  employees making the trip to the same location, the most

13  efficient and economical means of travel considering the time

14  of the employee, transportation cost and subsistence required,

15  the urgency of the trip, and the nature and purpose of the

16  trip.

17         (11)(10)  To provide the Legislature annual reports at

18  the end of each calendar year concerning the utilization of

19  all aircraft in the executive pool and special purpose

20  aircraft.

21         (12)  To calculate biennially the break-even mileage at

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

23  assigned motor vehicles to employees. The division shall

24  provide the information to agency inspectors general to assist

25  them in meeting the reporting requirements of s. 20.055.

26         Section 3.  Section 287.17, Florida Statutes, is

27  amended to read:

28         287.17  Limitation on use of motor vehicles and

29  aircraft.--

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

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

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    Florida Senate - 1998                                   SB 822
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  1  be available for official state business only as authorized by

  2  agency heads, as defined in s. 287.012.

  3         (2)  The following criteria shall be considered in

  4  determining appropriate uses of motor vehicles and aircraft:

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

  6  necessary to carry out state official or employee job

  7  assignments.

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

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

10  authorized by the agency head for purposes of conducting

11  official state business or for purposes of performing services

12  for the state.

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

14  directed by the agency head to provide security or

15  transportation pursuant to s. 281.20.

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

17  motor vehicle or aircraft for the protection of life or

18  property.

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

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

21  personal business or commuting purposes, unless special

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

23  the Department of Management Services, required by an employee

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

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

26  the official base of operation.

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

28  comply with the following criteria for the special assignment

29  of motor vehicles:

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

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

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    Florida Senate - 1998                                   SB 822
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  1  projected to drive the motor vehicle a minimum of 10,000 miles

  2  annually on official state business, unless an agency head

  3  annually provides written justification for the need of the

  4  assignment of a motor vehicle. Commuting mileage incidental to

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

  6  excluded from calculating the projected mileage. Priority in

  7  assigning motor vehicles shall be given to those employees who

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

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

10  officers and employees who perform duties related to law

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

12  pursuit motor vehicle to an officer or employee whose job

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

14  enforcement function requiring a pursuit vehicle.

15         (5)(4)  A person who is not otherwise authorized in

16  this section may accompany the Governor, the Lieutenant

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

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

19  Chief Justice of the Supreme Court when such official is

20  traveling on state aircraft for official state business and

21  the aircraft is traveling with seats available.

22  Transportation of a person accompanying any official specified

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

24  shall also guarantee payment of the transportation charges.

25  When the person accompanying such official is not traveling on

26  official state business as provided in this section, the

27  transportation charge shall be a prorated share of all fixed

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

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

30  specified in this subsection may, without payment of

31  transportation charges, accompany the official when such

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  1  official is traveling for official state business and the

  2  aircraft has seats available.

  3         (6)(5)  It is the intention of the Legislature that

  4  persons traveling on state aircraft for purposes consistent

  5  with, but not necessarily constituting, official state

  6  business may travel only when accompanying persons who are

  7  traveling on official state business and that such persons

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

  9  A person traveling on state aircraft for purposes other than

10  official state business shall pay for any trip not exclusively

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

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

13  of such aircraft.

14         Section 4.  This act shall take effect July 1, 1998.

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16            *****************************************

17                          SENATE SUMMARY

18    Requires a report from agency inspectors general on
      employee use of state motor vehicles. Authorizes the
19    Division of Motor Pool of the Department of Management
      Services to operate a centralized vehicle leasing
20    program. Requires the division to submit a biennial
      report to agency inspectors general. Provides criteria
21    for the assignment of a state-owned motor vehicle to an
      employee.
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