Chapter 60B-4 - Aircraft Acquisition, Assignment, Operation, use and Reporting
60B-4.001 Applicability.
60B-4.002 Prior Approval Required - Acquisition.
60B-4.003 Appropriate Use.
60B-4.004 Charges for Aircraft Use.
60B-4.005 Operation and Maintenance Procedures.
60B-4.006 State Executive Aircraft Pool.
60B-4.007 Energy Conservation Policy.
60B-4.008 Reports and Records.
60B-4.001 Applicability.
(1) The provisions of this chapter are applicable to all agencies of the executive and judicial branches of state government. For the purposes of this chapter, the definition of a state agency shall be construed to include any official, officer, commission, board, authority, council, committee or department of the executive branch, and any of the various officers, courts, commissions or other units of the judicial branch supported in whole or in part by appropriations of the legislature.
(2) The head of any agency which owns, leases, rents, charters, or otherwise has temporary or permanent possession or control of any aircraft shall ensure that it is used only for purposes consistent with Part II, Chapter 287, F. S., with all provisions of this chapter, and with other applicable laws and rules. Agencies shall develop such internal procedures as may be required to ensure such compliance.
(3) This chapter does not apply to the use of privately-owned aircraft which are authorized by an agency head to be used for travel in lieu of state-owned aircraft or motor vehicles, when the traveler is reimbursed for such use in accordance with current state travel laws, rules and policies.
Specific Authority 287.16(6), 287.17, 287.20 FS.Law Implemented 287.16, 287.17, 287.20 FS.History--New 11-28-83, Formerly 13B-6.01, 13B-6.001.
60B-4.002 Prior Approval Required - Acquisition.
(1) Aircraft may be owned by or assigned to state agencies, or may be assigned to and operated by the Bureau of Aircraft in a special purpose pool status, or in the executive aircraft pool.
No agency shall acquire aircraft without prior approval of the Division of Motor Pool, hereinafter called the division, except that prior approval shall not be required for
(a) acquisitions by law enforcement agencies through judicial proceedings, and (b) acquisitions of a temporary nature, to meet emergency needs, through rental, charter, loan or other means.
(2) In any instance when prior approval is not required, aircraft shall be operated and reported in conformance with all other provisions of this chapter and of other rules of the division which would otherwise apply.
(3)Requests for approval:
(a) Written requests for approval of aircraft purchase, lease or other long-term acquisition shall be delivered to the Bureau of Aircraft at least 30 days prior to the date scheduled by the agency for advertisement of bids or proposals. Requests for federal excess aircraft are exempt from the 30 day advance notice.
(b) Requests for approval of acquisition of replacement aircraft shall identify the program area, the aircraft to be replaced, and the need for replacement, and provide a description of any intended aircraft use or assignment not previously approved by the division.
(c) Requests for additional aircraft shall provide detailed justification for the additional aircraft as to area of assignment, type and amount of intended use, plus agency preferences as to the type of aircraft to be obtained.
(d) The request and approval of an aircraft needed for a period not exceeding 30 days may be handled through an oral request. Documentation of the request and approval or disapproval shall be recorded by the division.
(e) Approval by the division shall not relieve agencies of the responsibility for compliance with state purchasing laws or laws relating to legislative authority for acquisition or retention of aircraft.
(4) Based upon availability, the division may approve reassignment of state aircraft to meet temporary or permanent needs.
(5) Agency requirements for administrative or executive air transportation shall not constitute justification for acquisition or assignment of special purpose aircraft. Aircraft needed primarily for the purpose of providing administrative or executive transportation shall be assigned to and operated by the Bureau of Aircraft.
Specific Authority 287.16(6) FS.Law Implemented 287.15, 287.16(3), (4), 287.161, 287.20 FS.History--New 11-28-83, Formerly 13B-6.02, 13B-6.002.
60B-4.003 Appropriate Use.
(1) The head of any state agency which has the ownership, custody, possession or control of aircraft shall develop such internal procedures as are necessary to ensure that such aircraft are used only for official state business or for purposes consistent with official state business as defined in Part II, Chapter 287, F. S.
(2) Extra seats available on aircraft being utilized for state official business may be utilized by persons who are traveling consistent with official state business or for the purpose of providing services for the state.
(3) In emergency situations when the protection of life or property is involved and no other satisfactory means of transportation is available, state aircraft may be utilized.
(4) Persons not on official state business and not included in subsection (2) or (3) above may be transported on a space available basis when so approved by and when accompanying the Governor, the Lt. Governor, a member of the Cabinet, the Speaker of the House of Representatives, the President of the Senate or the Chief Justice of the Supreme Court; however, such transportation shall not be considered to be official state business.
(5) No candidate for public office shall be transported on state aircraft solely for the purpose of furthering his candidacy; however, if a candidate traveling by state aircraft on official state business performs functions in the furtherance of his candidacy, the trip expenses shall be pro-rated pursuant to laws or rules pertaining to campaign financing, and in accordance with Rule 60B-4.004(3)(d) of this chapter.
(6) Insofar as is practicable, air transportation of an executive or administrative nature is to be provided to the state agencies by aircraft operated by the Bureau of Aircraft in the executive aircraft pool.
(7) Special purpose aircraft may be used for official state business travel not related to the purposes of assignment, but only when such travel can be accomplished without interfering with the purposes of assignment or impairment to the programs in which the aircraft are utilized.
(8) The administrative head of an agency, upon the determination that an employee or other person has improperly used a state-owned, leased, loaned, or rented aircraft shall take such action as he feels just and proper under the circumstances in compliance with existing personnel rules and regulations regarding disciplinary actions. Each incident of improper use shall be reported to the state comptroller, detailing the nature of such improper use and the action taken.
Specific Authority 287.16(6) FS.Law Implemented 106.15, 287.17, 287.20 FS.History--New 11-28-83, Formerly 13B-6.03, 13B-6.003.
60B-4.004 Charges for Aircraft Use.
(1) The head of a state agency which has the ownership, custody, possession or control of aircraft shall establish charges for flight hours or aircraft services furnished to other state agencies or to other entities pursuant to Rule 60B-4.003 of this chapter.
(2) Any aircraft charges or distribution of aircraft expenses made to users within an agency which has ownership, custody, possession or control of aircraft shall be consistent with the formula established in this rule.
(3) The formula for computing aircraft charges shall be as follows:
(a) If all charges are lawfully payable from public funds, each passenger's prorated charge shall be the result of a fraction whose numerator is the direct costs of aircraft operation and the denominator is the actual number of passengers making the trip.
(b) If a portion of the aircraft charges is due from persons other than governmental units and the travel is consistent with official state business, each such private traveler shall be charged the result of a fraction whose numerator is the direct costs of aircraft operation and whose denominator is the number of passenger seats in the aircraft. The remaining direct costs of aircraft operation shall be prorated among the actual travelers at public expense in accordance with Subsection (3)(a) of this rule.
(c) If a portion of the aircraft charges is due from persons other than governmental units and the travel is not consistent with official state business, each such private traveler shall be charged the result of a fraction whose numerator is the total direct and fixed expenses related to the ownership, operation and use of such aircraft, and whose denominator is the number of passenger seats in the aircraft.
The remaining variable costs of aircraft operation shall be prorated among the actual travelers at public expense in accordance with subsection (3)(a) of this rule.
(d) If a portion of the aircraft charges is due from a candidate for public office traveling pursuant to Rule 60B-4.003(5) of this chapter, each candidate shall be charged the result of a fraction whose numerator is the total direct and fixed expenses related to the ownership, operation and use of such aircraft, and whose denominator is the actual number of passengers making the trip, or shall be charged one-half the total direct and fixed costs of aircraft ownership, operation and use, whichever is greater.
(e) No person transported shall be charged less than the mileage allowance fixed by the Legislature for use of privately-owned automobiles. State employees traveling on a space available basis shall not be charged more than that amount.
Specific Authority 287.16(6) FS.Law Implemented 106.15, 287.17, 287.20 FS.History--New 11-28-83, Formerly 13B-6.04, 13B-6.004.
60B-4.005 Operation and Maintenance Procedures.
(1)Aircraft:
(a) Aircraft will be operated and maintained in accordance with Parts 43, 61 and 91 of the Federal Aviation Regulations and other parts thereof covering operation of standard category aircraft in non-commercial operations.
(b) Upon approval of the Division of Motor Pool, special purpose aircraft received through federal excess programs or the Florida Contraband Forfeiture Act may be exempted from the maintenance requirements of Subsection (1)(a) of this rule. Such aircraft shall be maintained in accordance with standards which equal or exceed Federal Aviation Administration requirements for standard category aircraft operated in non-commercial service.
(c) Minimum training and experience requirements for pilot-in-command may be established jointly by the Bureau of Aircraft and the operating agency in consideration of the class of aircraft operated and the complexity of operations.
(2) Agencies may acquire or provide inspection, repair and maintenance or overhaul services on assigned aircraft, except that the following must have prior approval of the Division of Motor Pool:
(a) Expenditures which under the provisions of state purchasing law must be competitively bid.
(b) Expenditures which involve changes or additions to equipment intended to expand or modify the capabilities of the aircraft.
Specific Authority 287.16(6) FS.Law Implemented 287.16(6) FS.History--New 11-28-83, Formerly 13B-6.05, 13B-6.005.
60B-4.006 State Executive Aircraft Pool.
(1) Purpose
The executive aircraft pool is established within the Bureau of Aircraft to provide a means of travel which can enable officials and employees to maximize the productivity of their offices by limiting non-productive travel time. The aircraft assigned shall be of a type capable of safe and reliable flight during night or instrument conditions. They shall be available on request either to meet pre-planned trip requirements, or those of an unforeseen or emergency nature.
(2) Appropriate use
It shall be the responsibility of the head of any agency or legislative entity requesting the use of, or requesting travel in, an aircraft of the executive aircraft pool, to ensure that all such use or travel is in compliance with state law. Agency records maintained shall provide evidence of such compliance.
(3) Scheduling
(a) Top priority for use of the jet aircraft shall be for the Governor's travel and state economic development purposes.
(b) Other trip requests will be scheduled on a first-call, first-served basis, except that when an insufficient number of aircraft are available, the following scheduling priorities will be exercised:
First priority - the Governor, the Lt. Governor, a Cabinet Officer, the Speaker of the House of Representatives, the President of the Senate, the Chief Justice of the Supreme Court.
Second priority - Justices of the Supreme Court, appointed secretaries and executive directors of the executive branch, chairpersons of standing committees of the Legislature, chairpersons of the Public Service Commission and the Parole Commission, and the Chancellor of the Board of Regents.
Third priority - other authorized persons.
(4) Planning and coordination
(a) Agency heads shall designate and limit the number of persons authorized to make arrangements for use of aircraft in the executive aircraft pool.
(b) The designees shall advise the executive aircraft pool office of the identity of all persons to be carried, the agency codes to be charged, the tentative destinations, and the dates and times of the planned travel. For the purpose of enabling the pool to establish charges consistent with Part II of Chapter 287, F. S., the agency designee shall also advise the executive pool office whenever a person to be transported is in one of the following categories:
(1.) Candidates for public office who will be performing any function in furtherance of their candidacy.
(2.)Persons traveling for purposes consistent with, but not necessarily constituting, state business.
(3.)Persons traveling for purposes other than official state business.
(c) Revised approvals or revised plans as to aircraft departure times, enroute stops, or passenger identities which occur too late to be communicated to the executive aircraft office shall be communicated to the aircraft pilot by the agency designee or by the agency senior person traveling.
(d) Documentation of the information furnished to the executive aircraft pool pursuant to subsections (a), (b), and (c) shall be maintained in the records of any agency or legislative entity who approves and is furnished such transportation.
(5) Charges
(a) Any state agency or legislative entity that is furnished transportation or other aircraft services by an executive pool aircraft shall be charged for the expenses of such aircraft operation.
(b) Such expenses and charges shall be calculated in accordance with the formula set forth in Rule 60B-4.004(3) of this chapter.
(c) Payment for all transportation or other aircraft use shall become due when invoiced.
Specific Authority 287.16(6), 287.161 FS.Law Implemented 106.15, 287.161, 287.17 FS.History--New 11-28-83, Formerly 13B-6.06, Amended 5-18-87, 6-7-89, Formerly 13B-6.006.
60B-4.007 Energy Conservation Policy.
(1) Aircraft acquired shall be of a class that can safely, adequately and economically meet the performance and job requirements involved. Accessories and options acquired shall be limited to those which are essential to job requirements, or beneficial to safety, economy, efficiency or energy conservation.
(2) Within the limitations imposed by program requirements and by flight safety and air traffic control, aircraft will be operated at such speeds, routes and altitudes as will contribute most effectively to achieving efficiency from fuels and lubricants.
(3) Agencies are encouraged to determine the availability of and make maximum use of extra seats available by contacting the executive pool office prior to making arrangements for other means of aircraft transportation.
Specific Authority 287.16(5) FS.Law Implemented 287.16, 287.161, 287.17, 287.20 FS.History--New 11-28-83, Formerly 13B-6.07, 13B-6.007.
60B-4.008 Reports and Records.
(1) On forms or other means provided or approved by the Division of Motor Pool, agencies owning, operating, chartering, leasing, renting, or otherwise having possession or control of aircraft will furnish the Division of Motor Pool with a complete record of all aircraft activities including:
(a) Certification on aircraft trip logs of the dates, times, purposes, departures and landing points of each flight and the identity, boarding point and destination of each person on board.
(b) The fixed and variable expenses related to the ownership, operation and use of aircraft.
(c) Certification by the agency head or his/her designee that the records and information furnished have been reviewed for compliance with all provisions of this chapter and with applicable law.
(d) Other operational data or estimates of planned use requirements and expenditures.
(2) The reports required by subparagraphs (1)(a), (b), and (c) are to be submitted on a monthly basis so as to be received at the Bureau of Aircraft by the end of the succeeding month. Reports required by subparagraph (1)(d) are to be submitted on an annual or special basis as determined by the division.
Specific Authority 287.16(6) FS.Law Implemented 287.16(8) FS.History--New 11-28-83, Formerly 13B-6.08, 13B-6.008.