reglab/statecodes huggingface dataset:
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60A - Division of Purchasing › Chapter 60A-9 - OFFICE OF SUPPLIER DIVERSITY › Section 60A-9.005 - Certification Eligibility

Current through Reg. 50, No. 138; July 16, 2024
(1) Applicant
				businesses shall submit applications for Minority Business Enterprise
				certification on Form MBE 7500, Application for Minority Business Enterprise
				Certification, incorporated herein by reference, which can be obtained from the
				Office.
(2) An applicant business
				must satisfy paragraphs (a), (b), (c), (d) and (e) below in order to be
				considered 51 percent owned by minority persons. The ownership exercised by
				minority persons shall be real, substantial, and continuing, and shall go
				beyond mere pro forma ownership of the firm as reflected in its ownership
				documents. In its analysis, the Office may also consider the transferral of
				ownership percentages with no exchange of capital at fair market value.
(a) The applicant business must satisfy
				either subparagraphs 1., 2. and 3. below:
1.
				In a corporate form of organization, the minority shareholders of the
				corporation must own at least 51 percent of all issued stock. Minority
				shareholders who own at least 51 percent of each and every class of stock will
				be presumed to have met this section of the rule. Where the minority
				shareholders do not own at least 51% of each class of stock, the applicant
				shall establish that the aggregate of all stock owned by minority shareholders
				is equal to at least 51% of all issued shares. The applicant may establish that
				the aggregate of all stock owned by minority shareholders is equal to at least
				51% of all issued shares by:
a. Using the par
				value of the stock, but only where each class of stock has a par
				value;
b. Using the fair market
				value of each class of stock;
c.
				Showing the numerical ratio of stock ownership where all shares, regardless of
				class, have the same par value or fair market value; or
d. Employing any other method which can be
				used to determine the ratio of ownership of all classes of stock and which is
				approved by the Office, or
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60A - Division of Purchasing › Chapter 60A-9 - OFFICE OF SUPPLIER DIVERSITY › Section 60A-9.006 - Certification Review Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon
				receipt, all applications shall be given an initial screening to ensure
				appropriate signature and completeness. The application must bear the signature
				of the minority owner who is submitting the application for review.
(2) Within thirty (30) days following initial
				receipt of the application, the Office will request the applicant business to
				furnish omitted items or additional information. If all requested information
				or items are not received by the Office within thirty (30) days from the date
				of the request, the Office will close the file within the Office unless the
				reason for the delay is received and accepted by the Office, at which time a
				one-time extension may be granted. The applicant may request a reactivation of
				the file within six months of closure date, and shall at that time provide
				current, update information for the file, as well as any outstanding requested
				information. If the applicant makes a request to activate the file six months
				after closure, a new and complete application must be submitted.
(3) The on-site verification review may be
				conducted by the Office upon receipt of the completed application. Failure to
				cooperate with the scheduling of the on-site review or during the on-site
				review may result in the denial of the application.
(4) Applicants determined eligible shall
				receive a certification letter stating the length of time for which the
				business has been certified, the specialty areas of the business, the minority
				status categories in which the business is certified, and the business'
				responsibilities set out in Section
				 287.0943(1),
				F.S. Only specialty areas which are confirmed as being of need and interest to
				the State in meeting its contractual and/or procurement needs will be
				considered as specialties for consideration in granting certification. Once
				certified, an applicant shall remain certified for a period of one (1)
				year.
(5) Applicants determined
				ineligible shall receive a letter stating the basis for denial of
				certification, citing applicable rules and notice of right to hearing.
				Applicants shall not be eligible to submit new applications until six (6)
				months after the Commission's final agency order is entered denying
				certification if a hearing has been conducted; or until six (6) months have
				passed from receipt of notification and no hearing is
				requested.
Rulemaking Authority
					 120.53,
					 287.0943(14)
					 FS. Law Implemented 287.0943
					 FS.
New 9-11-96, Formerly
					 38A-20.006.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60A - Division of Purchasing › Chapter 60A-9 - OFFICE OF SUPPLIER DIVERSITY › Section 60A-9.0062 - Revocation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53,
					 287.0943(14),
					 287.09451 FS. Law Implemented
					 287.09451
					 FS.
New 9-11-96, Formerly 38A-20.0062, Repealed
					 3-2-17.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60A - Division of Purchasing › Chapter 60A-9 - OFFICE OF SUPPLIER DIVERSITY › Section 60A-9.0063 - Application for Additional Areas of Certification

Current through Reg. 50, No. 138; July 16, 2024
(1) Any business that is currently certified
				shall submit Form MBE 7502, Application for Certification of Amended
				Specialties, when requesting certification as a Minority Business Enterprise in
				additional specialty areas. Form MBE 7502 is incorporated herein by reference.
				The Form can be obtained from the Office.
(2) Upon receipt, all MBE 7502 forms shall be
				given an initial screening to ensure appropriate signature and completeness.
				Within thirty (30) days following initial receipt of the form, the Office will
				request the applicant business to furnish omitted or additional information. If
				all the requested information or items are not received by the Office within
				thirty (30) days from the date of the request, the Office will close the file
				on the applicant business certification as a Minority Business Enterprise in
				the requested additional specialty areas. The applicant may request a
				reactivation of the file for additional specialty areas within six months of
				closure date, and shall at that time provide current, update information for
				the file, as well as any outstanding requested information. If the applicant
				makes a request to activate the file six months after closure, a new and
				complete application must be submitted.
(3) The on-site verification review may be
				conducted by the Office upon receipt and review of the form. Failure to
				cooperate with the scheduling of the on-site review or during the on-site
				review shall result in the denial of certification in the requested additional
				specialty areas.
(4) Certification
				in the additional specialty areas shall be granted when the applicant business
				has complied with this rule and substantiates eligibility for Minority Business
				Enterprise status as set forth in Rules
				 60A-9.001 and
				 60A-9.005, F.A.C.
(5) Applicant businesses determined eligible
				shall receive a certification letter stating the length of time for which the
				business has been certified, all the specialty areas of the business, the
				minority status categories in which the business is certified, and the
				business' responsibilities.
(6)
				Applicant businesses determined ineligible shall receive a letter stating the
				basis for the denial of certification in the additional specialty areas and
				shall not be eligible to submit a new application for certification in those
				additional specialty areas for six (6) months after the date of the notice of
				denial of certification or the Department's final agency order denying
				certification.
(7) Submittal of a
				Form MBE 7502 or certification in additional specialty areas shall not extend
				the applicant business' original certification period.
Rulemaking Authority
					 120.53,
					 287.0943 FS. Law Implemented
					 287.0943
					 FS.
New 9-11-96, Formerly
					 38A-20.0063.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60A - Division of Purchasing › Chapter 60A-9 - OFFICE OF SUPPLIER DIVERSITY › Section 60A-9.007 - Administrative Hearings (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53,
					 287.0943 FS. Law Implemented
					 287.0943
					 FS.
New 9-11-96, Formerly 38A-20.007, Repealed
					 3-2-17.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60A - Division of Purchasing › Chapter 60AER22 - EMERGENCY RULE FOR YEAR 2022 › Section 60AER22-3 - Alternative Purchasing Methods

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Agencies intending to purchase Commodities or Contractual Services in excess of
				CATEGORY TWO from a single source shall electronically post Form PUR 7776
				"Description of Intended Single Source Purchase," revised 07/2022, which is
				incorporated herein by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14517
,
				or on the Department's website at
http://dms.myflorida.com/purforms
.
				Form PUR 7776 requests that prospective vendors provide information regarding
				their ability to supply the Commodities or Contractual Services
				described.
(2) Agencies shall
				provide notice of their determination that the Commodities or Contractual
				Services are available only from a single source by electronically posting Form
				PUR 7778 "Notice of Intended Decision to Enter Into a Single Source Contract,"
				revised 07/2022, which is incorporated herein by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14518
,
				or on the Department's website at
http://dms.myflorida.com/purforms
.
(3) Agencies shall report all single source
				action(s) quarterly by submitting Form PUR 7779, "Single Source Action Agency
				Report Form," effective 07/2022, which is hereby incorporated by reference and
				available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14519
or on the Department's website at
http://dms.myflorida.com/purforms
.
				All single source actions must be reported to the Department no later than ten
				(10) calendar days after the end of the quarter in which the action was
				completed, with the first quarter beginning on July 1 of each fiscal
				year.
(4) Emergency purchases need
				not be posted electronically or by any other means.
(5) An Agency must request approval from the
				Department to purchase Commodities or Contractual Services from contracts
				competitively established by another Agency, or let by the federal government,
				another state or a political subdivision, by submitting Form PUR 7102, "Agency
				Request for Approval of Alternate Contract Source (ACS)," revised 07/2022,
				which is hereby incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14516
,
				or on the Department's website at
http://dms.myflorida.com/purforms
.
				The ACS contract must contain specific language authorizing third parties to
				make purchases from the contract with the vendor's consent.
(6) In addition, a list of current ACS
				contracts for use by all Agencies is available at
http://dms.myflorida.com/contracts
.
Rulemaking Authority 287.032(2), 287.042(12) FS. Law
					 Implemented 287.017, 287.042(9), (16),287.057(3), (14)
					 FS.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60A - Division of Purchasing › Chapter 60AER23 - EMERGENCY RULE FOR YEAR 2022 › Section 60AER23-4 - Alternative Purchasing Methods

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Agencies intending to purchase Commodities or Contractual Services in excess of
				CATEGORY TWO from a single source shall electronically post Form PUR 7776
				"Description of Intended Single Source Purchase," revised 07/2022, which is
				incorporated herein by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14517
,
				or on the Department's website at http://dms.myflorida.com/purforms. Form PUR
				7776 requests that prospective vendors provide information regarding their
				ability to supply the Commodities or Contractual Services described.
(2) Agencies shall provide notice of their
				determination that the Commodities or Contractual Services are available only
				from a single source by electronically posting Form PUR 7778 "Notice of
				Intended Decision to Enter Into a Single Source Contract," revised 07/2022,
				which is incorporated herein by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14518
,
				or on the Department's website at http://dms.myflorida.com/purforms.
(3) Agencies shall report all single source
				action(s) quarterly by submitting Form PUR 7779, "Single Source Action Agency
				Report Form," effective 07/2022, which is hereby incorporated by reference and
				available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14519
or on the Department's website at http:dms.myflorida.com/purforms. All single
				source actions must be reported to the Department no later than ten (10)
				calendar days after the end of the quarter in which the action was completed,
				with the first quarter beginning on July 1 of each fiscal year.
(4) Emergency purchases need not be posted
				electronically or by any other means.
(5) An Agency must request approval from the
				Department to purchase Commodities or Contractual Services from contracts
				competitively established by another Agency, or let by the federal government,
				another state or a political subdivision, by submitting Form PUR 7102, "Agency
				Request for Approval of Alternate Contract Source (ACS)," revised 07/2022,
				which is hereby incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14516
,
				or on the Department's website at http://dms.myflorida.com/purforms. The ACS
				contract must contain specific language authorizing third parties to make
				purchases from the contract with the vendor's consent.
(6) In addition, a list of current ACS
				contracts for use by all Agencies is available at
http://dms.myflorida.com/
contracts.
Rulemaking Authority
					 287.032(2),
					 287.042(12) FS.
					 Law Implemented 287.017,
					 287.042(9),
					 (16), 287.057(3), (14)
					 FS.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-1 - MOTOR VEHICLES AND WATERCRAFT ACQUISITION, ASSIGNMENT AND USE › Section 60B-1.001 - Acquisition

Current through Reg. 50, No. 138; July 16, 2024
(1) No agency shall purchase, lease, or
				otherwise acquire any motor vehicle or watercraft without prior approval of the
				Division of Motor Pool, except that such prior approval is not required for (a)
				acquisitions by law enforcement agencies through judicial proceedings and (b)
				acquisitions of motor vehicles which are to be acquired for 30 days or less,
				when such acquisitions can be accomplished at costs which do not require the
				use of formal competitive bids.
(2)
				Approval by the Division to acquire or lease equipment shall not relieve
				agencies of the responsibility for compliance with state purchasing laws,
				legislative authority for acquisition or retention of equipment, and all other
				applicable laws, rules, and procedures.
(3) Approval to lease equipment will be
				granted under the following circumstances:
(a)
				To meet short term needs when leasing is more economical than
				purchase.
(b) If funds are not
				available for the purchase of equipment and authorized equipment needs
				exist.
(c) If the conditions of
				federal or grant funds prohibit purchase.
(d) If investigative vehicles are required
				and it is essential to rotate the vehicles to prevent identity.
(e) Exceptions may be granted by the division
				on a case by case basis.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-1 - MOTOR VEHICLES AND WATERCRAFT ACQUISITION, ASSIGNMENT AND USE › Section 60B-1.002 - Class Equipment

Current through Reg. 50, No. 138; July 16, 2024
(1) Motor vehicles
				and watercraft acquired by purchase, lease or rental shall be of the smallest
				class that can safely, adequately, and economically meet the performance and
				job requirements involved.
(2) All
				vehicles must be the most appropriate vehicle (car, station wagon, truck,
				tractor, crawler, trailer or other class of mobile equipment) to accomplish the
				tasks for which they will be used. Consideration must be given to the terrain
				where vehicle is normally operated, type and amount of equipment carried, job
				duties of individual, economy of operation, maintenance, and other valid
				considerations. The accessories and options specified for motor vehicles and
				watercraft acquired by purchase, lease, or rental shall be limited to those
				which are essential to job requirements, or beneficial to safety, efficiency,
				economy, or energy conservation.
Rulemaking Authority
					 287.16(6) FS.
					 Law Implemented 287.15,
					 287.16(2)
					 FS.
New 6-11-75, Amended 11-28-83, Formerly 13B-3.02,
					 13B-3.002.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-1 - MOTOR VEHICLES AND WATERCRAFT ACQUISITION, ASSIGNMENT AND USE › Section 60B-1.003 - Acquisition Specifications

Current through Reg. 50, No. 138; July 16, 2024
(1) To ensure
				that equipment purchased by the state will satisfy the particular needs of the
				using agencies:
(a) The bureau will provide an
				opportunity for major users (agencies) of motor vehicles and watercraft to
				select one or more persons to serve in an advisory capacity regarding technical
				specifications.
(b) The bureau will
				arrange for and preside at periodic meetings of the technical advisory
				representatives to review such topics as the performance and quality of
				recently delivered equipment, the model changes anticipated to be made by
				equipment manufacturers, and the need for specification changes. Meetings will
				be held as frequently as required to ensure that the needs and concerns of user
				agencies are addressed. The bureau will arrange for a summary of each meeting
				to be made and distributed on request to advisory representatives and to other
				interested agencies.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-1 - MOTOR VEHICLES AND WATERCRAFT ACQUISITION, ASSIGNMENT AND USE › Section 60B-1.005 - Vehicle Assignment Policy

Current through Reg. 50, No. 138; July 16, 2024
(1) All
				state-owned or leased vehicles shall be assigned to and operated in conformance
				with the regulations pertaining to one of the following classes of assignment:
Class A - Pool assignment
Class B - Limited use assignment
Class C - Special assignment
Exceptions to this policy may be granted by the Division of
				  Motor Pool on a case by case basis when justified by an agency to be in the
				  best interest of the state.
(2) Codes are used to describe the provisions
				of the assignment in each class. These usage codes will be used to maintain
				records on vehicle assignment. Records will include the description of vehicle,
				class assignment of vehicle and agency or individual to whom vehicle is
				assigned.
(3) Except when otherwise
				specifically authorized by law, all state-owned vehicles shall carry an
				official state license plate.
Rulemaking Authority
					 287.16(6) FS.
					 Law Implemented 287.16(1),
					 287.17
					 FS.
New 6-11-75, Amended 11-28-83, Formerly 13B-3.05,
					 13B-3.005.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-1 - MOTOR VEHICLES AND WATERCRAFT ACQUISITION, ASSIGNMENT AND USE › Section 60B-1.006 - Pool Vehicle Assignment

Current through Reg. 50, No. 138; July 16, 2024
(1) All state-owned
				or leased vehicles not otherwise assigned will be given a Class A-pool
				assignment classification. These vehicles will be centrally controlled and made
				available for specific trips and returned to the pool upon completion of the
				trips.
Use Code A-1: Pool assignment
-
Pool vehicles
				  for general use by employees that do not have a vehicle assigned to
				  them.
(2) Pool vehicles may
				not be driven to an employee's home unless:
(a) Employee is departing upon or returning
				from an official trip away from his headquarters under circumstances which make
				it impractical to use other means of transportation.
(b) Employee needs the use of the vehicle
				after completion of regular work day to conduct state business on the same day
				or before his usual working hours on the next
				day.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-1 - MOTOR VEHICLES AND WATERCRAFT ACQUISITION, ASSIGNMENT AND USE › Section 60B-1.007 - Limited Use Assignment

Current through Reg. 50, No. 138; July 16, 2024
(1) State-owned or
				leased passenger vehicles required by an employee or position to conduct
				official state business and which are required for use 15 or more work days per
				month but do not meet Class C, special use assignment requirements, may be
				assigned to such individuals on a Class B, limited use - parked at office
				classification.
Use Code B-1: Limited use passenger carrying Vehicles -
				  Employee has requirements for a full-time use of a vehicle during regular
				  working hours, but vehicle remains parked at office overnight and when not in
				  use.
(2) State-owned or
				leased non-passenger carrying vehicles such as maintenance trucks, tractors,
				etc., required by an employee or position to conduct official state business
				during regular working hours and which do not meet Class C, special use
				assignment requirements will be assigned to Class B, limited use - parked at
				office classification.
Vehicles in this class may be assigned to an employee or
				  position if the duties involved are such as to justify a specific assignment of
				  this nature. Such vehicles will remain parked in a designated area overnight or
				  when not in use.
Use Code B-2: Limited use non-passenger carrying vehicles:
				  Employee has requirement for full-time use of vehicle during regular working
				  hours but vehicle remains parked at office overnight and when not in
				  use.
(3) Limited use
				vehicles may not be driven to an employee's home or used during non-working
				hours unless:
(a) Employee is departing upon
				or returning from an official trip away from his headquarters under
				circumstances which make it impractical to use other means of
				transportation.
(b) Employee needs
				the use of the vehicle after completion of regular work day to conduct state
				business on the same day or before his usual working hours on the next
				day.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-1 - MOTOR VEHICLES AND WATERCRAFT ACQUISITION, ASSIGNMENT AND USE › Section 60B-1.008 - Special Assignment

Current through Reg. 50, No. 138; July 16, 2024
(1) Special
				assignment vehicles are state-owned or leased vehicles which are:
1) officially authorized as a prerequisite by
				the Department of Management Services,
2) required by an employee after normal duty
				hours to perform duties of the position to which he is assigned, or
3) assigned to an employee whose home is his
				official base of operation.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-1 - MOTOR VEHICLES AND WATERCRAFT ACQUISITION, ASSIGNMENT AND USE › Section 60B-1.009 - Maintenance

Current through Reg. 50, No. 138; July 16, 2024
Service, inspection, maintenance and repair shall be
				  conducted in accordance with maintenance programs provided by the bureau for
				  the class of equipment involved. In the absence of a division maintenance
				  program or agency maintenance program developed with input from and approved by
				  the division, agencies shall adhere to the service requirements established by
				  the manufacturer.
Rulemaking Authority
					 20.05,
					 287.16(6) FS.
					 Law Implemented 287.16(2)
					 FS.
New 11-28-83, Formerly 13B-3.09,
					 13B-3.009.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-1 - MOTOR VEHICLES AND WATERCRAFT ACQUISITION, ASSIGNMENT AND USE › Section 60B-1.010 - Reports and Records

Current through Reg. 50, No. 138; July 16, 2024
(1) The Division
				shall develop, maintain and operate an equipment management information system
				to meet the reporting needs of the state's motor vehicles and watercraft. The
				system shall provide management reports monthly to the state agencies, and
				shall be capable upon request of providing special reports to meet other
				defined needs.
(2) Input to the
				system including but not limited to the condition, utilization, cost, fuel
				consumption, maintenance, and assignment of the motor vehicle and watercraft
				owned, leased or operated shall be provided by the agencies on forms or other
				means provided by or approved by the Division which address agency needs and
				the reporting needs of the system. This information is to be forwarded monthly
				to the Division's Bureau of Motor Vehicles and Watercraft so as to be received
				no later than the 15th day of each month, unless this date falls on a'weekend
				or holiday. Agencies are responsible for the accuracy and timeliness of the
				input.
(3) Agencies shall be
				responsible for adding new equipment to the reporting system within 30 days
				from the date the equipment is received, deleting equipment from the system
				within 30 days from the date of disposal, and making input changes and
				corrections to the system as required.
(4) The Division shall periodically meet with
				major users of the system to assure that the management reporting needs of
				state agencies are addressed.
(5)
				The Division shall establish reasonable charges and invoice the agencies for
				the forms, reports and services provided.
Rulemaking Authority
					 287.16(6) FS.
					 Law Implemented 287.16(8)
					 FS.
New 11-28-83, Formerly 13B-3.10,
					 13B-3.010.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-1 - MOTOR VEHICLES AND WATERCRAFT ACQUISITION, ASSIGNMENT AND USE › Section 60B-1.011 - Applicability

Current through Reg. 50, No. 138; July 16, 2024
(1) The provisions of this chapter are
				applicable to all agencies of the executive and judicial branches of state
				government. For the purpose of this rule, 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 the appropriations of the
				legislature.
(2) The administrative
				head of any agency, which owns, leases, or otherwise has possession or control
				of any motor vehicle or watercraft shall ensure that it is used only for
				purposes consistent with Chapter 287, Part II, F.S., with all provisions of
				this rule, and with other applicable laws and rules. Agencies shall develop
				such internal procedures as may be required to ensure such
				compliance.
(3) Except as
				specifically provided, this chapter does not apply to the use of
				privately-owned vehicles which are authorized by an administrative head of an
				agency to be used for travel in lieu of state-owned or leased vehicles or
				aircraft, when the traveler is reimbursed for such use in accordance with
				current state travel laws, rules and policies.
Rulemaking Authority
					 287.16(6) FS.
					 Law Implemented 287.16,
					 287.17,
					 287.20
					 FS.
New 11-28-83, Amended 8-2-84, Formerly 13B-3.11,
					 13B-3.011.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-1 - MOTOR VEHICLES AND WATERCRAFT ACQUISITION, ASSIGNMENT AND USE › Section 60B-1.012 - Safety

Current through Reg. 50, No. 138; July 16, 2024
(1) All seated occupants of state-owned,
				leased, or rented vehicles and all personal vehicles operated on state business
				shall properly utilize the seat belts or occupant restraint system provided.
				Failure to utilize seat belts or occupant restraint system shall be considered
				improper use of a vehicle and shall subject employees to disciplinary action.
				If an accident resulting in injury to an employee occurs and the employee is
				not utilizing the seat belts or occupant restraint system provided, and the
				failure to use the seat belts or occupant restraint system provided contribute
				to injuries received worker's compensation benefits may be reduced under the
				provisions of Section
				 440.09(4),
				F.S.
(2) All state-owned, leased,
				or rented vehicles and all personal vehicles operated on state business shall
				at all times be operated in a safe and courteous manner. Failure to operate
				vehicles in a safe and courteous manner shall be considered improper use of a
				vehicle and shall subject employees to disciplinary action.
(3) All state-owned, leased or rented
				vehicles and all personal vehicles operated on state business shall operate in
				compliance with all applicable federal, state or local laws and ordinances.
				Failure to comply with federal, state, or local laws or ordinances shall be
				considered improper use of a vehicle and shall subject employees to
				disciplinary action. All fines and penalties resulting from failure to comply
				with federal, state or local laws or ordinances are the personal responsibility
				of the vehicle operator.
Rulemaking Authority
					 287.16(6) FS.
					 Law Implemented 287.16(6),
					 440.56(1)
					 FS.
New 8-2-84, Formerly 13B-3.12,
					 13B-3.012.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-1 - MOTOR VEHICLES AND WATERCRAFT ACQUISITION, ASSIGNMENT AND USE › Section 60B-1.013 - Fuel Purchases

Current through Reg. 50, No. 138; July 16, 2024
(1) Fuel for
				state-owned or leased vehicles shall be purchased from state-operated fuel
				facilities whenever practical. If the time or distance required to go to a
				state facility would nullify the savings, use of the state facility will be
				considered impractical.
(2) When
				purchase of commercial fuel is required, commercial self service facilities
				shall be used when available to reduce the cost of commercial fuel.
(3) Fuel purchased in any manner for state
				use, including state petroleum credit cards, and state fuel facilities shall be
				used only for official purposes. Promotional items including trading stamps,
				rebates and other gifts received by an employee incidental to such purchases
				shall be state property and turned in to the employee's agency unless the
				agency determines they have no useful purpose for the agency or state.
				Violation of this rule shall subject the employee to disciplinary action, and,
				in appropriate cases, to criminal prosecution.
Rulemaking Authority
					 287.16(6) FS.
					 Law Implemented 287.16(6)
					 FS.
New 8-2-84, Formerly 13B-3.13,
					 13B-3.013.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-2 - DELEGATION OF FUNCTIONS AND DUTIES OF DIVISION OF MOTOR POOL TO THE STATE UNIVERSITY SYSTEM › Section 60B-2.004 - Delegation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 240.225 FS. Law Implemented
					 240.225
					 FS.
New 11-14-79, Formerly 13B-4.04, 13B-4.004, Repealed
					 12-14-15.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-3 - DISPOSAL OF MOTOR VEHICLES, WATERCRAFT, AND AIRCRAFT › Section 60B-3.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 20.05(5),
					 273.055(1),
					 287.16(6) FS.
					 Law Implemented  287.16(2), (8) 
					 FS.
New 10-19-83, Formerly 13B-5.01, 13B-5.001, Repealed
					 3-2-17.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-3 - DISPOSAL OF MOTOR VEHICLES, WATERCRAFT, AND AIRCRAFT › Section 60B-3.002 - Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 20.05(5),
					 273.055(1),
					 287.16(6) FS.
					 Law Implemented  287.16(2), (8) 
					 FS.
New 10-19-83, Formerly 13B-5.02, 13B-5.002, Repealed
					 3-2-17.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-3 - DISPOSAL OF MOTOR VEHICLES, WATERCRAFT, AND AIRCRAFT › Section 60B-3.003 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) Disposal - Termination of state ownership
				of a motor vehicle, watercraft or aircraft through sale, trade, auction,
				donation, abandonment, or other action.
(2) Excess Unit - Any state-owned motor
				vehicle, watercraft or aircraft which has been replaced by other equipment, or
				which has been determined by the custodian to be excess to agency needs, or
				which has been determined economically unfit for continued use in normal
				service.
(3) Division - The
				Division of Motor Pool, Department of Management Services.
(4) Surplus Unit - Any excess unit which has
				been reported to the Division and found by the Division to be unsuitable for
				transfer to another state agency, or excess to state
				needs.
Rulemaking Authority
					 20.05(5),
					 273.055(1),
					 287.16(6) FS.
					 Law Implemented  287.16(2), (8) 
					 FS.
New 10-19-83, Formerly 13B-5.03,
					 13B-5.003.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-3 - DISPOSAL OF MOTOR VEHICLES, WATERCRAFT, AND AIRCRAFT › Section 60B-3.004 - Reporting and Approval Procedures

Current through Reg. 50, No. 138; July 16, 2024
Motor vehicles, watercraft, and aircraft which become excess
				  shall be reported to the Division as follows:
(1) Upon becoming excess, units shall be
				reported to the Division within 45 days.
(2) Equipment shall not be cannibalized
				without prior approval of the Division.
(3) The Division will review excess units
				reported and may authorize inter-agency transfer, or designate the disposal
				methods and procedures to be followed.
(4) The Division shall establish a reasonable
				reimbursement value for units to be transferred.
(5) Governmental entities other than state
				agencies shall be required to certify that units acquired by transfer are
				acquired for official governmental purposes.
(6) Excess units determined by the Division
				to be surplus to state needs will be approved for public sale or auction or for
				other appropriate disposal.
Rulemaking Authority
					 20.05(5),
					 273.055(1),
					 287.16(6) FS.
					 Law Implemented  287.16(2), (8) 
					 FS.
New 10-19-83, Formerly 13B-5.04,
					 13B-5.004.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-3 - DISPOSAL OF MOTOR VEHICLES, WATERCRAFT, AND AIRCRAFT › Section 60B-3.005 - Public Sales or Auctions

Current through Reg. 50, No. 138; July 16, 2024
(1) If performed
				under contract, public sales or auctions shall conform to pertinent sections of
				Chapter 60A, F.A.C.
(2) The
				reporting agency shall be responsible for compliance with standards and
				procedures established by the Division, including, but not limited to
				advertising, equipment preparation, equipment display, and bid review. It is
				the responsibility of the reporting agency to prevent conflicts of interest or
				the appearance of conflicts of interest in bidding by its employees.
(3) When it is determined that it would be in
				the best interest of the state, the Division may require an agency conducting a
				public sale or auction to include surplus units owned by other agencies. The
				costs of such a combined public sale or auction shall be prorated among the
				agencies represented.
(4)
				Advertising requirements, the type of bids required, and the necessity for
				review of bids by the Division prior to award will be determined by the
				Division based on the type of equipment being sold, its total value, and its
				location.
Rulemaking Authority
					 20.05(5),
					 273.055(1),
					 287.16(6) FS.
					 Law Implemented  287.16(2), (8) 
					 FS.
New 10-19-83, Formerly 13B-5.05,
					 13B-5.005.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-3 - DISPOSAL OF MOTOR VEHICLES, WATERCRAFT, AND AIRCRAFT › Section 60B-3.006 - Equipment Having No Value

Current through Reg. 50, No. 138; July 16, 2024
Equipment having no salvage value may be donated,
				  cannibalized, destroyed, or scrapped with prior approval of the
				  Division.
Rulemaking Authority
					 20.05(5),
					 273.055(1),
					 287.16(6) FS.
					 Law Implemented  287.16(2), (8) 
					 FS.
New 10-19-83, Formerly 13B-5.06,
					 13B-5.006.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-4 - AIRCRAFT ACQUISITION, ASSIGNMENT, OPERATION, USE AND REPORTING › Section 60B-4.001 - Applicability

Current through Reg. 50, No. 138; July 16, 2024
(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 Chapter 287, Part II, 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.
Rulemaking Authority
					 287.16(6),
					 287.17,
					 287.20 FS. Law Implemented
					 287.16,
					 287.17,
					 287.20
					 FS.
New 11-28-83, Formerly 13B-6.01,
					 13B-6.001.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-4 - AIRCRAFT ACQUISITION, ASSIGNMENT, OPERATION, USE AND REPORTING › Section 60B-4.002 - Prior Approval Required - Acquisition

Current through Reg. 50, No. 138; July 16, 2024
(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)
(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.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-4 - AIRCRAFT ACQUISITION, ASSIGNMENT, OPERATION, USE AND REPORTING › Section 60B-4.003 - Appropriate Use

Current through Reg. 50, No. 138; July 16, 2024
(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 Chapter 287, Part II,
				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 paragraph
				 60B-4.004(3)(d),
				F.A.C., 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.
Rulemaking Authority
					 287.16(6) FS.
					 Law Implemented 106.15,
					 287.17,
					 287.20
					 FS.
New 11-28-83, Formerly 13B-6.03,
					 13B-6.003.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60B - Division of Motor Pool › Chapter 60B-4 - AIRCRAFT ACQUISITION, ASSIGNMENT, OPERATION, USE AND REPORTING › Section 60B-4.004 - Charges for Aircraft Use

Current through Reg. 50, No. 138; July 16, 2024
(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, F.A.C., 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 paragraph (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
				  paragraph (3)(a) of this rule.
(d) If a portion of the aircraft charges is
				due from a candidate for public office traveling pursuant to subsection
				 60B-4.003(5),
				F.A.C., 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.