Police Department Policy

62022180 (1).pdf

Seminole County Sheriff

Policy Text
\n\n--- Page 1 ---\n\nSEMINOLE COUNTY SHERIFF'S NUMBER: G - 8 OFFICE RESCINDS: GENERAL ORDER SUBJECT: Vehicle Management EFFECTIVE: November 14, 1994 REVISED: November 8, 2024 Table of Contents: I. Purpose II. Scope III. Governing Laws / Regulations IV. Assigned Vehicle Program V. Vehicle Allowance in Lieu of Assigned Vehicle VI. Other Vehicle Assignment Options VII. Vehicle Operation (General) VIII Vehicle Operation (Fueling) IX. Transportation of Passengers X. Maintenance and Repair XI. Speedometer Calibration XII. Pool/Spare (Temporary Use) Vehicles XIII. License Plates XIV. Window Tint XV. Blue Lights XVI. E-PASS Transponders XVII. Personal Equipment XVIII. Special Purpose Vehicles XIX. Vehicle Issue, Replacement and Turn-In Policy I. PURPOSE: This directive provides policy and procedures for the use of Sheriff's Office vehicles. II. SCOPE: A. This directive applies to employees and volunteers authorized to operate Sheriff’s Office vehicles. Vehicles may be operated only if a driver possesses a valid Florida driver license with a class of license appropriate to their vehicle assignment. B. If an operator’s license becomes expired, suspended, or revoked they must immediately notify their supervisor and not operate any agency vehicle. C. Supervisors are required to periodically check the driver’s license status of employees and volunteers under their command to ensure compliance with the above requirements. GENERAL ORDER Vehicle Management GO # 8 PAGE 1 OF 16\n\n--- Page 2 ---\n\nIII. GOVERNING LAWS AND REGULATIONS: A. Vehicle Allowance Plans: 1. Section 112.061(7)(f), Florida Statutes: Authority to establish monthly allowances for use of privately owned vehicles and requirements. 2. IRS Publication 463: Travel, Entertainment, Gifts and Car Expenses. 3. FLSA Regulation 29CFR 778.217(C): Reimbursement for expenses is excludable from inclusion in the employees’ regular rate of pay when determining overtime unless the reimbursement is disproportionately large. B. Vehicle Take Home Policy: 1. Attorney General Opinion 74-384: Affirms the practice of a take home vehicle program when such a program is determined to provide a public benefit. 2. Department of Treasury Regulation 1.274-6T(a)(2): States that for an employee’s use of an agency provided vehicle to be non-taxable to the employee the employer must have an established written policy in accordance with the regulations (applicable only to sworn employees driving marked and unmarked vehicles). 3. IRS Publication 15-B, Employer’s Tax Guide to Fringe Benefits: Establishes methods of employee taxation for use of employer provided vehicles. (Applicable to the $3.00 taxable charge per work day for non-sworn employees assigned take-home vehicles). 4. Florida Sheriff’s Association Bulletin 85-13 and 90-3: Discuses tax implications for assigned agency vehicles for both sworn and non-sworn employees. C. License Plates: 1. Section 320.0655, Florida Statutes: Sets forth requirements for obtaining license plates for agency owned vehicles. 2. Section 320.025, Florida Statutes: Sets forth requirements for issuing confidential and fictitious plates. D. E-Pass Transponders: Section 338.155, Florida Statutes and Section 3.06 of the master resolution for the Orlando-Orange County Expressway Authority establish requirements for issuing “no cost” E-Pass transponders. E. Window Tinting: Section 316.2951 – 316.2957 set forth requirements for window tinting. Section 316.29545 provides for the exception to the law for certain law enforcement vehicles. F. Blue Lights: 1. Section 316.2397, Florida Statutes: Authorizes the use of blue lights on marked “Department of Corrections” vehicles responding to GENERAL ORDER Vehicle Management GO # 8 PAGE 2 OF 16\n\n--- Page 3 ---\n\nemergencies. 2. Section 843.081, Florida Statutes: Provides that only sworn law enforcement officers may operate blue lights and further provides that vehicle service personnel are exempt from this provision. IV. ASSIGNED VEHICLE PROGRAM: A. Objectives of the Assigned Vehicle Program: 1. Promotes cost-effective use by extending vehicle life and reducing maintenance/replacement costs, 2. Decreases response times to emergencies and complaints, 3. Increases law enforcement visibility to deter criminal activity, and 4. Promotes community relations by increasing the number of personal contacts and services. B. General Provisions: 1. The Sheriff, Chiefs and Captains have authority to suspend or terminate an employee’s use of an assigned vehicle. 2. While operating an agency vehicle on or off duty, Deputies are required to monitor the Sheriff's Office radio and have in their possession their identification credentials and badge, body armor, handcuffs and approved firearm. Deputies should offer assistance when and where needed, and are required to respond to emergency calls if they are close to an incident. 3. In lieu of issuing an employee an assigned vehicle, the Sheriff may approve a civilian or certified employee for a vehicle allowance in accordance with state law. C. Take Home Vehicles: 1. Employees must meet the following requirements before being assigned a take home vehicle: a. Be a sworn officer as defined by the IRS, see Section IV(D)(2). b. Certified or civilian employees must be in a position or assignment that necessitates either demonstrated after-hours on-call requirements and/or in a position or assignment where the employee typically reports directly to the field instead of their home office and/or in a position or assignment that provides transportation for public citizens. These requirements are typically addressed in the job description for the position. c. Authorized a take home vehicle for their particular job assignment by the Sheriff. d. If a sworn officer, must have completed the Field Training Program. e. If a certified or civilian employee, must complete the Sheriff’s Office EVOC course or equivalent program. f. Must live in Seminole County or no further than 35 commuter miles from the Seminole County line. Employees living beyond the 35 commuter miles limit shall secure their vehicle at a designated location within Seminole County or as approved by the Fleet Services Manager. GENERAL ORDER Vehicle Management GO # 8 PAGE 3 OF 16\n\n--- Page 4 ---\n\n2. Employees not having take home vehicle privileges must leave the vehicle at Building 100 (or other approved location) when off duty. a. Community Deputies and Field Service Officers are required to give a set of keys to their Community Lieutenant or place them in a designated key storage area. b. Community Lieutenants may place unused, marked vehicles at strategic locations to deter criminal activity. (1) Marked vehicles should be placed at selected locations during regular business hours or during times when maximum law enforcement visibility is desired. (2) Unused vehicles should not be left at locations after business hours or when their visibility is no longer required. Vehicles are to be returned to their communities, and the keys returned to the Community Lieutenant or designated key storage area. D. Restrictions on Vehicle Use: NOTE: The following restrictions on the use of assigned take home vehicles are based on Internal Revenue Service regulations. 1. All Employees: a. Assigned vehicles are used to travel to and from work related activities. b. Assigned vehicles are used to conduct Sheriff’s Office business. c. An employee’s Director/Captain must approve out of state travel. 2. Sworn Employees: By definition of the IRS, a sworn officer must have full arrest powers within the agency’s jurisdiction and must operate with a gun, radio and emergency light. a. Sworn employees may use an assigned vehicle for De Minimis personal use, which is defined as a personal errand conducted between the home and the workplace. b. Sworn employees may use assigned vehicles for conducting personal business whether in an on or off duty status within Seminole County, as long as they have their assigne

Why Attorneys Choose FlawFinder

Side-by-side with Westlaw and LexisNexis

FeatureWestlawLexisNexis
Monthly price$19 - $99$133 - $646$153 - $399
ContractNone1-3 year min1-6 year min
Hidden fees$0, alwaysUp to $469/search$25/mo + per-doc
Police SOPs✓ 310+ departments
Zero-hallucination AI✓ CitationGuard
CancelOne clickTermination feesNo option to cancel
FlawFinder provides legal information, not legal advice. Consult an attorney for specific legal guidance.