This rule was statutorily repealed effective January 1, 2002. It is provided for informational purposes only.
RULES OF THE
DEPARTMENT OF MANAGEMENT SERVICES
PERSONNEL MANAGEMENT SYSTEM
CHAPTER 60L-2
APPROVAL OF PERQUISITES FOR STATE OFFICERS AND EMPLOYEES
60L-2.001 Purpose.
60L-2.002 Authority.
60L-2.003 Definition.
60L-2.004 Policy.
60L-2.005 Procedures.
60L-2.006 Distribution.
60L-2.001 Purpose.
The purpose of this rule is to establish the policies relating to approval of perquisites and the procedures to be followed by each agency in requesting approval of perquisites for officers or employees of the state.
Specific Authority 20.05(5) FS. Law Implemented 216.262(1)(e) FS. History--New 8-15-76, Formerly 22K-4.01, 22K-4.001.
60L-2.002 Authority.
Section 216.262(1)(e), Florida Statutes, provides that the Department of Management Services shall approve the kind and monetary value of such perquisites before same are furnished, and that no perquisites shall be furnished by a state agency unless approved by the Department of Management Services during each fiscal year.
Section 60K-2.017, Personnel Rules and Regulations, provides that the Department of Management Services shall approve the kind and monetary value of each perquisite before it is furnished, and that perquisites that continue from one fiscal year to the next shall be approved by the Department of Management Services each fiscal year.
Specific Authority 20.05(5) FS. Law Implemented 216.262(1)(e) FS. History--New 8-15-76, Amended 6-29-80, Formerly 22K-4.02, 22K-4.002.
60L-2.003 Definition.
Section 216.011, Florida Statutes, defines perquisites as follows:
"Those things, or the use thereof, or services of a kind which confer on the officers or employees receiving same some benefit that is in the nature of additional compensation, or which reduces to some extent the normal personal expenses of the officer or employee receiving the same, and shall include but not be limited to such things as quarters, subsistence, utilities, laundry service, medical services, use of state-owned vehicles for other than state purposes, servants paid by the state, and other similar things." The value of perquisites shall not be used to compute the employee's base rate of pay or regular rate of pay unless specifically required by the department in order to meet the requirements of the FLSA.
Specific Authority 20.05(5) FS. Law Implemented 216.262(1)(e), (f) FS. History--New 8-15-76, Amended 9-30-85, Formerly 22K-4.03, 22K-4.003.
60L-2.004 Policy.
(1) General Policies
(a) It is the policy of the state that perquisites will not be furnished officers or employees, except in those specific instances where it is determined that the furnishing of perquisites is in the best interest of the state due to the exceptional or unique requirements of the position.
(b) Unless perquisites are specifically authorized by law, the granting of perquisites to any officer or employee of the state must be approved by the Department of Management Services prior to being furnished any officer or employee.
(c) The primary criteria for approval of perquisites shall be the ultimate benefit to the state and the exceptional or unique requirements of the position. The things and services listed in Section 60L-2.004(2) are frequently furnished to officers and employees and will be subject to the individual criteria established for each item, as well as the overall criteria for approval of all perquisites.
(d) Normally, approvals of perquisites shall be for one fiscal year only and shall automatically terminate on June 30 of each year, unless a renewal is requested and approved. If, however, it is determined to be appropriate, the Department of Management Services may authorize a deviation from the requirements of Section 60L-2.005 for the continuation of an existing approval where no change has occurred.
(e) Perquisites shall be considered as part of the officer's or employee's total compensation; therefore, the kind and value of perquisites shall be as uniform as practicable in similar situations. The value of perquisites shall not be used to compute the employee's base rate of pay or regular rate of pay unless specifically required by the department in order to meet the requirements of the FLSA.
(f) If an officer or employee is required to purchase any special equipment, uniforms, services or other things of value in order to hold a position in any agency, the Department of Management Services shall be furnished a copy of the official agency regulation governing such matters or, if no regulation exists, shall be furnished a notification of each such requirement at the time the employee is notified that the purchase is required.
(g) Goods and services which may be sold by a state agency to officers or employees in accordance with Section 216.262(1)(f), FS., instead of being furnished as perquisites, must be approved by the Department of Management Services during each fiscal year as provided by Chapter 60L-3, Rules of the Department of Management Services.
(2) Specific Policies
It should be noted that the following list is not intended to include all items or services that could be defined as perquisites; rather, they are the most common perquisites and those where it is felt that specific criteria are required.
(a) Uniforms, Clothing, Laundry Services and Footwear--
Chapter 60L-1, Rules of the Department of Management Services, governs the provision of such perquisites.
(b) Use of State-Owned Vehicles--
1. The Department of Management Services has adopted 60B-1, F.A.C., on the use of state-owned vehicles and that Chapter shall govern the use of such vehicles for official state purposes; however, the personal use of state-owned vehicles by any officer or employee is a perquisite and must be approved by the Department of Management Services.
2. For the purposes of this rule, the definition of a state-owned vehicle shall be the same as the definition of a state-owned vehicle included in the Department of Management Services, Chapter 60B-1 on the use of state-owned vehicles.
3. The personal use of a state-owned vehicle will not normally be approved for any state or employee.
(c) Domestic Services--
Free domestic services, including free patient or inmate help, will not normally be approved for any state officer or employee.
(d) Groundskeeping Services--
Free groundskeeping services, including free patient or inmate help, will not normally be approved; however, such services may be approved for officers and employees who live in state-owned housing.
(e) Telephone Services--
Free telephone service for an employee's residence shall not normally be approved. If, however, the agency head requires that the employee have a private line in the home, the difference in cost between a two-party line and a private line may be paid by the agency if the private line is approved as a perquisite. The employee must be required to be available to respond to emergency situations as part of the regular duties in order for telephone services to be paid by the state. Telephones and telephone services which are state-owned and operated must be approved as a perquisite if such are to be provided in the residence of any officer or employee.
(f) Free Passes, Tickets, Permits, Etc.--
Free passes, tickets, or permits to events where there is a general admission charge to the public shall not normally be approved for any state officer or employee.
(g) Medical Services--
Free medical services shall not normally be approved for any state officer or employee, unless the services are a requirement of employment (e.g., inoculations). The following shall apply with respect to medical services:
1. Free medical services received by an employee during off-duty hours as a by-product of being a volunteer subject or patient for experiments approved by the agency head shall not be considered perquisites and shall not require approval.
2. Limited emergency and medical services for on-the-job injuries or exposure to contagious diseases shall not be considered perquisites and shall not require approval.
3. If medical services are to be provided to employees for a fee, such services must be approved as they shall be subject to the regulation governing the sale of goods and services in accordance with Chapter 60L-3, Rules of the Department of Management Services.
4. If epidemic conditions exist or are immediately anticipated at a state-operated facility, and patients or inmates receive inoculations without charge, employees may be given inoculations without charge and without prior approval of the Management Services.
5. Periodic medical examinations during off-duty hours for employees whose official duties involve scientific research experiments on animals which are subject to contamination by such employees having a contagious disease, and/or for such employees who may contract a disease as a result of the experiments performed, shall not be considered perquisites and shall not require approval.
(h) Housing or Overnight Accommodations--
Free housing or overnight accommodations in state-owned facilities shall not normally be approved for any officer or employee. If an agency has state-owned facilities that it desires to rent to an employee, such rental and the rate thereof shall require approval under the rule governing the sale of goods and services.
(i) Utilities--
Free utilities shall not normally be approved for any officer or employee. Utilities may be sold to an employee under the rule governing the sale of goods and services.
(j) Trailer Space--
1. Free trailer space provided an employee is a perquisite. If an employee owns a trailer and is required to live on the grounds of a state agency, due to duties of the position occupied, the agency head must request approval of free trailer space in each case.
2. Free trailer space shall not be provided any officer or employee who owns a trailer and is not required to live on the grounds of a state agency. Trailer space may be approved for such officers or employees under the rule governing the sale of goods and services.
(k) Meals--
Free meals shall not be approved for any officer or employee. If meals are to be sold to employees, the sale and rate shall be subject to the rule governing the sale of goods and services.
(l) Bus Service--
1. Free bus service for officers or employees is a perquisite and shall require approval by the Department of Management Services.
2. If bus service is provided employees at a charge, it shall be subject to approval under the rule governing the sale of goods and services.
Specific Authority 20.05(5) FS. Law Implemented 216.262(1)(e) FS. History--New 8-15-76, Amended 6-29-80, 9-30-85, Formerly 22K-4.04, 22K-4.004.
60L-2.005 Procedures.
To request approval of a perquisite for a position occupied by a state officer or employee, the agency head shall submit a completed "REQUEST FOR APPROVAL OF PERQUISITES OR SALE OF GOODS AND SERVICES" form to the Department of Management Services at least 30 days prior to the desired effective date of the perquisite. A completed form shall be prepared for each type of perquisite being requested and each form must include complete justification as to why the perquisite should be approved, including exceptional or unique requirements of the positions. The perquisite must be so related to the description of the duties contained in the position descriptions on file with the Department of Management Services as to justify the perquisite.
Specific Authority 20.05(5) FS. Law Implemented 216.262(1)(e) FS. History--New 8-15-76, Amended 6-29-80, Formerly 22K-4.05, 22K-4.005.
60L-2.006 Distribution.
(1) The original copy of each form shall be returned to the agency after action is taken by the Department of Management Services and shall be filed in the agency personnel office.
(2) The Department of Management Services shall transmit a copy of each approved form to the Executive Office of the Governor for forwarding to the Chairman of the Senate Ways and Means Committee, the Chairman of the House Appropriations Committee, and the Auditor General.
(3) A copy of the form shall be filed in the Department of Management Services.
Specific Authority 20.05(5) FS. Law Implemented 216.262(2) FS. History--New 8-15-76, Amended 7-1-80, 10-5-82, Formerly 22K-4.06, 22K-4.006.
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