Florida Statute 287.17 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIX
PUBLIC BUSINESS

Chapter 287
PROCUREMENT OF PERSONAL PROPERTY AND SERVICES

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F.S. 287.17

¹287.17 Limitation on use of motor vehicles and aircraft.—

(1) The aircraft and motor vehicles owned, leased, or operated by any state agency, as defined in s. 287.012, shall be available for official state business only as authorized by agency heads, as defined in s. 287.012.

(2) The following criteria shall be considered in determining appropriate uses of motor vehicles and aircraft:

(a) Whether the use of a motor vehicle or aircraft is necessary to carry out state official or employee job assignments.

(b) Whether the use of a motor vehicle or aircraft is for transporting an employee, state official, or other person authorized by the agency head for purposes of conducting official state business or for purposes of performing services for the state.

(c) Whether the Department of Law Enforcement has been directed by the agency head to provide security or transportation pursuant to s. 943.68.

(d) Whether an emergency exists requiring the use of a motor vehicle or aircraft for the protection of life or property.

(3)(a) The term “official state business” may not be construed to permit the use of a motor vehicle or aircraft for commuting purposes, unless special assignment of a motor vehicle is authorized as a perquisite by the Department of Management Services, required by an employee after normal duty hours to perform duties of the position to which assigned, or authorized for an employee whose home is the official base of operation.

(b) For motor vehicles used by a state employee whose duties are those of a law enforcement officer, as defined in s. 943.10, the term “official state business” shall be construed to permit the use of the vehicle during normal duty hours to and from lunch or meal breaks and incidental stops for personal errands, but not substantial deviations from official state business, if such use is at the direction of or with the permission of the agency head.

(c) For motor vehicles used by a state employee whose duties are those of a law enforcement officer, as defined in s. 943.10(1), the term “official state business” shall be construed to permit the use of the vehicle to attend a funeral service within the state of a law enforcement officer who was killed in the line of duty if such use is at the direction of or with the permission of the agency head.

(4) An agency head, as defined in s. 287.012, shall comply with the following criteria for the special assignment of motor vehicles:

(a) An agency head may assign a motor vehicle to a state officer or employee only if the officer or employee is projected to drive the motor vehicle a minimum of 10,000 miles annually on official state business, unless an agency head annually provides written justification for the need of the assignment of a motor vehicle. Commuting mileage incidental to use of the motor vehicle on official state business shall be excluded from calculating the projected mileage. Priority in assigning motor vehicles shall be given to those employees who drive over 15,000 miles annually on state business.

(b) An agency head may assign motor vehicles to state officers and employees who perform duties related to law enforcement. However, the agency head shall not assign a pursuit motor vehicle to an officer or employee whose job duties do not routinely require performance of a patrol or law enforcement function requiring a pursuit vehicle.

(5) A person who is not otherwise authorized in this section may accompany the Governor, the Lieutenant Governor, a member of the Cabinet, the President of the Senate, the Speaker of the House of Representatives, or the Chief Justice of the Supreme Court when such official is traveling on state aircraft for official state business and the aircraft is traveling with seats available. Transportation of a person accompanying any official specified in this subsection shall be approved by the official, who shall also guarantee payment of the transportation charges. When the person accompanying such official is not traveling on official state business as provided in this section, the transportation charge shall be a prorated share of all fixed and variable expenses related to the ownership, operation, and use of such state aircraft. The spouse or immediate family members of any official specified in this subsection may, with payment of transportation charges, accompany the official when such official is traveling for official state business and the aircraft has seats available.

(6) It is the intention of the Legislature that persons traveling on state aircraft for purposes consistent with, but not necessarily constituting, official state business may travel only when accompanying persons who are traveling on official state business and that such persons shall pay the state for all costs associated with such travel. A person traveling on state aircraft for purposes other than official state business shall pay for any trip not exclusively for state business by paying a prorated share of all fixed and variable expenses related to the ownership, operation, and use of such aircraft.

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; s. 48, ch. 99-399; s. 22, ch. 2002-21; s. 1, ch. 2004-83; s. 24, ch. 2005-2; ss. 24, 25, ch. 2005-71; s. 2, ch. 2005-224; ss. 15, 16, ch. 2006-26; ss. 14, 15, ch. 2007-73; ss. 19, 20, ch. 2008-153; s. 5, ch. 2023-145.

¹Note.—Section 3(3), ch. 2007-327, provides that “[e]ach agency shall adopt policies and procedures to maximize the efficient use of limited resources regarding motor vehicle assignment and use and the reimbursement of transportation costs associated with the use of private vehicles for conducting official business, including policies and procedures for designating as surplus motor vehicles determined to be unnecessary for carrying out job responsibilities in the most cost-efficient manner.”

F.S. 287.17 on Google Scholar

F.S. 287.17 on Casetext

Amendments to 287.17

Arrestable Offenses / Crimes under Fla. Stat. 287.17

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 287.17.

Annotations, Discussions, Cases:

Cases Citing Statute 287.17

Total Results: 12

Burnett v. Starwood Hotels & Resorts Management Co.

Court: District Court of Appeal of Florida | Date Filed: 2018-06-06

Citation: 251 So. 3d 223

Snippet: 3D18-286, 3D18-287 Lower Tribunal Nos. 17-340, 17-287, 17-232, 17-385, 15-14478, 16-2542,

Kapsch TrafficCom IVHS, Inc. v. Florida Department of Transportation

Court: District Court of Appeal of Florida | Date Filed: 2018-06-04

Citation: 249 So. 3d 693

Snippet: “threshold amount provided for CATEGORY TWO in s. 287.017”). The trial court expressly noted that Kapsch

Florida Department of Highway Safety & Motor Vehicles v. National Safety Commission, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2011-10-06

Citation: 75 So. 3d 298, 2011 Fla. App. LEXIS 15767

Snippet: services in excess of the threshold amount in section 287.017 for CATEGORY TWO.” § 287.058(1), Fla. Stat. (2004)

Ago

Court: Florida Attorney General Reports | Date Filed: 2007-02-27

Snippet: contract over the threshold amount provided in s.287.017 for CATEGORY FOUR, the agency shall require the

Harris v. School Bd. of Duval County

Court: District Court of Appeal of Florida | Date Filed: 2006-02-17

Citation: 921 So. 2d 725, 2006 WL 354267

Snippet: services exceeding the amount established in Section 287.017, F.S., for purchasing category two." See also §

Ago

Court: Florida Attorney General Reports | Date Filed: 2002-01-07

Snippet: emergency certified by the agency head). See, s. 287.017(1)(e), Fla. Stat. 5 Section 287.055(3)(c), Fla

Ago

Court: Florida Attorney General Reports | Date Filed: 1992-11-09

Snippet: the state attorney, are subject to ss. 287.15 and 287.17, F.S. but not subject to Rule 13B-3.004, F.A.C

Satellite Television Engineering, Inc. v. Department of General Services

Court: District Court of Appeal of Florida | Date Filed: 1988-03-11

Citation: 522 So. 2d 440, 13 Fla. L. Weekly 643, 1988 Fla. App. LEXIS 1064, 1988 WL 20586

Snippet: excess of the threshold amount provided in s. 287.017 for CATEGORY FOUR, the determination shall be submitted

Ago

Court: Florida Attorney General Reports | Date Filed: 1979-08-29

Snippet: organizations. In your letter, you specifically refer to s. 287.17, F. S., regarding the use of vehicles maintained

Fisher v. Davenport

Court: Supreme Court of Florida | Date Filed: 1956-01-27

Citation: 84 So. 2d 910

Snippet: 2d 766; Carolina Mineral Co. v. Young, 220 N.C. 287, 17 S.E.2d 119, 151 A.L.R. 383. Affirmed. DREW, C.

Basnet v. City of Jacksonville

Court: Supreme Court of Florida | Date Filed: 1882-01-15

Citation: 18 Fla. 523

Snippet: moi’e might be added : 62 Ala., 93; 23 Wend., 287; 17 Wend., 464; 20 Wend., 103; 15 Wend., 198; 7 Met

West v. Chasten

Court: Supreme Court of Florida | Date Filed: 1868-07-01

Citation: 12 Fla. 315

Snippet: this point, 4 Dess., 45, 221; Rice’s Eq. Reps., 287; 17 New Jersey Eq. Repts., 195; 4 Johnson’s Ch’y, 131;