Statutes
CHAPTER 287: PROCUREMENT OF PERSONAL PROPERTY AND SERVICES
287.14 Purchase of motor vehicles by state officers and employees.
287.15 Purchase or lease of motor vehicles, watercraft, or aircraft; prior approval of Division of Motor Pool of the Department of Management Services.
287.151 Limitation on classes of motor vehicles procured.
287.155 Motor vehicles; purchase by Division of Universities, Department of Health and Rehabilitative Services, and Department of Corrections.
287.16 Powers and duties of division.
287.161 Executive aircraft pool; assignment of aircraft; charge for transportation.
287.17 Limitation on use of motor vehicles and aircraft.
287.175 Penalties
287.18 Repair and service of motor vehicles and aircraft.
287.19 Transfer of funds.
287.20 Applicability of this part.
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287.14 Purchase of motorvehicles by state officers and employees. ---
(1) It is the intent of the Legislature that thissection has applied and shall continue to apply to state officersand employees of the executive and judicial branches of stategovernment.
(2) The term "motor vehicle" as used in thissection includes any automobile or light truck. This definitionalso includes any airplane or other vehicle designed primarily fortransporting persons.
(3) It is unlawful for any state officer or employeeto authorize the purchase or continuous lease of any motor vehicleto be paid for out of funds of the state or any department thereofunless funds therefor have been appropriated by the Legislature.This subsection does not apply to motor vehicles needed to meetunforeseen or emergency situations, if approved by the ExecutiveOffice of the Governor after consultation with the legislativeappropriations committees.
(4) Motor vehicles for which replacement funds havebeen appropriated may not be retained in service unless they arerequired to meet emergency or major unforeseen needs. All replacedvehicles which are retained to meet emergency or unforeseen needsshall be reported to the Legislature in subsequent agency budgetrequest documents, detailing the specific justification for theretention of each vehicle.
(5) Motor vehicles shall not be acquired on a deferredpayment contract which requires the payment of interest or itsequivalent, except when specifically approved by the ExecutiveOffice of the Governor after consultation with the legislativeappropriations committees as in the best interest of thestate.
History: s. 1, ch. 13810, 1929; CGL 1936 Supp. 1363(1); s. 1, ch.20716, 1941; s. 7, ch. 22858, 1945; ss. 23, 35, ch. 69-106; s. 1,ch. 83-302.
Note. Former s. 116.12.
287.15 Purchase or lease ofmotor vehicles, watercraft, or aircraft; prior approval of Divisionof Motor Pool of the Department of Management Services. ---
No state agency shall purchase, lease, or acquire anymotor vehicle, watercraft, or aircraft of any type unless priorapproval is first obtained from the Division of Motor Pool of theDepartment of Management Services. However, nothing herein shallprohibit the lease for casual use of motor vehicles, or remove therequirement that all purchases be in compliance with the rules andregulations of the Division of Purchasing.
History: s. 22, ch. 69-106; s. 260, ch. 92-279; s. 55, ch.92-326.
287.151 Limitation on classesof motor vehicles procured. ---
(1) All motor vehicles purchased or leased by thestate with funds provided in the General Appropriations Act shallbe of the subcompact class except vehicles used for law enforcementpurposes by law enforcement officers of the state, used as towvehicles, routinely used to transport more than three adults orbulk materials, or vehicles operated frequently on unpaved roads.All vehicles purchased shall be of the smallest class that cansafely and adequately meet the transportation requirements. Theexception from the subcompact vehicle requirement for lawenforcement purposes shall not apply to state attorneys and publicdefenders.
(2) No funds in the General Appropriations Act shallbe used to purchase any vehicle at prices in excess of the standardprices negotiated by the Division of Purchasing of the Departmentof Management Services.
History: s. 1, ch. 84-169; s. 21, ch. 88-557; s. 261, ch. 92-279; s.55, ch. 92-326.
287.155 Motor vehicles; purchase by Division ofUniversities, Department of Health and Rehabilitative Services, and Departmentof Corrections. ---
(1) The Division of Universities of the Department of Education,the Department of Health and Rehabilitative Services, and the Department ofCorrections are hereby authorized, subject to the approval of the Departmentof Management Services, to purchase automobiles, trucks, tractors, and otherautomotive equipment for the use of institutions under the management of saidDivision of Universities, Department of Health and Rehabilitative Services,and Department of Corrections.
(2) The Department of Corrections shall, prior to purchasingmotor vehicles, seek to procure the motor vehicles from those vehiclesrenovated pursuant to correctional work programs of the Department ofCorrections.[Footnote 1]
(3) For the 1995-1996 fiscal year only, thereplacement of motor vehicles at juvenile justice residential programs andresidential facilities operated by the Department of Health and RehabilitativeServices or the Department of Juvenile Justice may be funded in the samemanner as replacement of motor vehicles at authorized institutions under thissection. This subsection is repealed on July 1, 1996.
History: s. 12A, ch. 20980, 1941; s. 7, ch. 22071, 1943; s. 6, ch. 22827, 1945;s. 6, ch. 23915, 1947; s. 5, ch. 25370, 1949; s. 6, ch. 26859, s. 2, ch.26971, 1951; s. 2, ch. 63-204; ss. 2, 3, ch. 67-371; ss. 15, 19, 22, 35, ch.69-106; s. 1, ch. 77-120; s. 1, ch. 77-300; s. 6, ch. 79-3; s. 262, ch.92-279; s. 55, ch. 92-326; s. 4, ch. 95-430.
[Footnote 1] Note. Section 4, ch. 95-430, added subsection(3)"in order to implement specific appropriations 327A and 545 ofthe 1995-1996 General Appropriations Act."Note. Former s. 116.161.
287.16 Powers and duties ofdivision. ---
The Division of Motor Pool shall have the followingpowers, duties, and responsibilities:
(1) To obtain the most effective and efficient use ofmotor vehicles, watercraft, and aircraft for statepurposes.
(2) To establish and operate central facilities forthe acquisition, disposal, operation, maintenance, repair, storage,supervision, control, and regulation of all state-owned orstate-leased aircraft and motor vehicles and to operate any statefacilities for those purposes. Acquisition may be by purchase,lease, loan, or in any other legal manner.
(3) In its discretion, to require every state agencyto transfer its ownership, custody, and control of every aircraftand motor vehicle, and associated maintenance facilities andequipment, except those used principally for law enforcement orfire control purposes, to the Department of Management Services,including all right, title, interest, and equity therein.
(4) Upon requisition and showing of need, to assignsuitable aircraft or motor vehicles, on a temporary (for a periodup to and including 1 month) or permanent (for a period from 1month up to and including 1 full year) basis, to any stateagency.
(5) To allocate and charge fees to the state agenciesto which aircraft or motor vehicles are furnished, based upon anyreasonable criteria.
(6) To adopt and enforce rules and regulations for theefficient and safe use, operation, maintenance, repair, andreplacement of all state-owned or state-leased aircraft and motorvehicles and to require the placement of appropriate stickers,decals, or other markings upon the aircraft and motor vehicles ofthe state. The division may delegate to the respective heads ofthe agencies to which aircraft and motor vehicles are assigned theduty of enforcing the rules and regulations adopted by thedivision.
(7) To contract for specialized maintenanceservices.
(8) To require any state agency to keep records andmake reports regarding aircraft and motor vehicles to the divisionas may be required. The Department of Highway Safety and MotorVehicles may use the reporting system in effect on October 1, 1983,until July 1, 1984. Beginning July 1, 1984, the Department ofHighway Safety and Motor Vehicles shall use a reporting systemapproved by the division. The division shall assist the Departmentof Highway Safety and Motor Vehicles in developing or implementinga reporting system prior to July 1, 1984, which shall specificallyaddress the needs and requirements of the division and theDepartment of Highway Safety and Motor Vehicles.
(9) To establish and operate central facilities todetermine the mode of transportation to be used by state employeestraveling on official state business and to schedule and coordinateuse of state-owned or state-leased aircraft and passenger-carryingvehicles to assure maximum utilization of state aircraft, motorvehicles, and employee time by assuring that employees travel bythe most practical and economical mode of travel. The divisionshall consider the number of employees making the trip to the samelocation, the most efficient and economical means of travelconsidering the time of the employee, transportation cost andsubsistence required, the urgency of the trip, and the nature andpurpose of the trip.
(10) To provide the Legislature annual reports at theend of each calendar year concerning the utilization of allaircraft in the executive pool and special purposeaircraft.
History: s. 22, ch. 69-106; s. 1, ch. 70-328; ss. 1, 2, ch. 72-207; s.3, ch. 77-112; s. 1, ch. 77-396; s. 3, ch. 83-304; s. 1, ch.84-263; s. 263, ch. 92-279; s. 55, ch. 92-326.
287.161 Executive aircraftpool; assignment of aircraft; charge for transportation. ---
(1) There is created within the Bureau of Aircraft anexecutive aircraft pool consisting of state-owned aircraft for thepurpose of furnishing executive air travel. Such aircraft shallnot be a model in excess of a two-engine jet. Aircraft included inthe executive aircraft pool may not be specifically assigned toany department or agency on any basis.
(2) The Bureau of Aircraft shall charge all personsreceiving transportation from the executive aircraft pool a ratenot less than the mileage allowance fixed by the Legislature forthe use of privately owned vehicles. However, state employeestraveling on a space-available basis may not be charged more thanthe vehicle mileage allowance.
(3) Fees collected for persons traveling by aircraftin the executive aircraft pool shall be deposited into the Bureauof Aircraft Trust Fund and shall be expended for fuel, maintenance,or other costs incurred in accordance with rules adopted pursuantto s. 287.16.
History: ss. 1, 2, ch. 72-207; s. 4, ch. 83-304; s. 1, ch.89-9.
287.17 Limitation on use ofmotor vehicles and aircraft. ---
(1) The aircraft and motor vehicles owned, leased, oroperated by any state agency shall be available for official statebusiness only as authorized by agency heads.
(2) The following criteria shall be considered indetermining appropriate uses of motor vehicles and aircraft:
(a) Whether the use of a motor vehicle or aircraft isnecessary to carry out state official or employee jobassignments.
(b) Whether the use of a motor vehicle or aircraft is fortransporting an employee, state official, or other personauthorized by the agency head for purposes of conducting officialstate business or for purposes of performing services for thestate.
(c) Whether the Department of Law Enforcement has beendirected by the agency head to provide security or transportationpursuant to s. 281.20.
(d) Whether an emergency exists requiring the use of amotor vehicle or aircraft for the protection of life orproperty.
(3) The term "official state business" may not beconstrued to permit the use of a motor vehicle or aircraft forpersonal business or commuting purposes, unless special assignmentof a motor vehicle is authorized as a perquisite by the Departmentof Management Services, required by an employee after normal dutyhours to perform duties of the position to which assigned, orauthorized for an employee whose home is the official base ofoperation.
(4) A person who is not otherwise authorized in thissection may accompany the Governor, the Lieutenant Governor, amember of the Cabinet, the President of the Senate, the Speaker ofthe House of Representatives, or the Chief Justice of the SupremeCourt when such official is traveling on state aircraft forofficial state business and the aircraft is traveling with seatsavailable. Transportation of a person accompanying any officialspecified in this subsection shall be approved by the official, whoshall also guarantee payment of the transportation charges. Whenthe person accompanying such official is not traveling on officialstate business as provided in this section, the transportationcharge shall be a prorated share of all fixed and variable expensesrelated to the ownership, operation, and use of such stateaircraft. The spouse of any official specified in this subsectionmay, without payment of transportation charges, accompany theofficial when such official is traveling for official statebusiness and the aircraft has seats available.
(5) It is the intention of the Legislature thatpersons traveling on state aircraft for purposes consistent with,but not necessarily constituting, official state business maytravel only when accompanying persons who are traveling on officialstate business and that such persons shall pay the state for allcosts associated with such travel. A person traveling on stateaircraft for purposes other than official state business shall payfor any trip not exclusively for state business by paying aprorated share of all fixed and variable expenses related to theownership, operation, and use of suchaircraft.
History: s. 22, ch. 69-106; s. 5, ch. 83-304; s. 31, ch. 90-268; s.112, ch. 92-279; s. 55, ch. 92-326.
287.175 Penalties. ---
A violationof this part or a rule adopted hereunder, pursuant toapplicable constitutional and statutory procedures, constitutes misuse ofpublic position as defined in s. 112.313(6), and is punishable as provided ins. 112.317. The Comptroller shall report incidents of suspected misuse tothe Commission on Ethics, and the commission shall investigate possibleviolations of this part or rules adopted hereunder when reported by theComptroller, notwithstanding the provisions of s. 112.324. Any violation ofthis part or a rule adopted hereunder shall be presumed to have beencommitted with wrongful intent, but such presumption is rebuttable. Nothingin this section is intended to deny rights provided to career serviceemployees by s. 110.227.
History: s. 6, ch. 83-304; s. 13, ch. 94-277.
287.18 Repair and service ofmotor vehicles and aircraft. ---
The director of the Division of Motor Pool may require adepartment or any state agency having facilities for the repair ofaircraft or motor vehicles and for the storage and distribution ofgasoline and other petroleum products to repair aircraft and motorvehicles and to furnish gasoline and other petroleum products toany other department or agency and shall compensate for the cost ofsuch services and products.
History: s. 22, ch. 69-106.
287.19 Transfer offunds. ---
All moneys designated for or appropriated to any agencyfor the use, operation, maintenance, repair, or replacement of anystate-owned or leased motor vehicles or aircraft shall betransferred to the Division of Motor Pool as required by thedivision.
History: s. 22, ch. 69-106.
287.20 Applicability of thispart. ---
The provisions of this part apply to motor vehicles,watercraft, and aircraft owned, leased, or acquired in any mannerby any state agency, or the judicial branch, as defined in s.216.011.
History: s. 22, ch. 69-106; s. 7, ch. 83-304; s. 81, ch.92-142.