Broward County Sheriff's Policy Manual PDF

SHERIFF’S POLICY MANUAL 7.2 TAKE-HOME VEHICLE PROGRAM: 7.2.1 Definitions: A. Assigned Vehicle: A motor vehicle owned or leased by BSO which is assigned specifically to an individual employee for use in routine daily assignments. B. BSO Vehicle: A motor ve...

SHERIFF’S POLICY MANUAL 7.2 TAKE-HOME VEHICLE PROGRAM: 7.2.1 Definitions: A. Assigned Vehicle: A motor vehicle owned or leased by BSO which is assigned specifically to an individual employee for use in routine daily assignments. B. BSO Vehicle: A motor vehicle owned or leased by BSO. C. Marked Vehicle: A BSO vehicle which is marked and painted the color combination prescribed by state statute, bears the official BSO insignia, and designated for routine patrol enforcement duties. D. Unmarked Vehicle: A BSO vehicle which does not bear the official BSO insignia and colors. 7.2.2 General: A. BSO vehicles assigned to deputies will be made at the direction of the Sheriff. The Sheriff has the discretion to assign vehicles to other employees and establish policies and procedures for assigned vehicle usage. B. Employees operating BSO vehicles shall operate those vehicles in compliance with Florida Statutes and agency policy. C. Use of assigned vehicles during off duty hours is considered a privilege and not an employment right. Employees will not presume any special privileges with an assigned vehicle while off duty. Vehicle operation will conform to all state laws, local laws, and regulations regarding traffic and parking. D. Use of assigned vehicles will be limited to the tri-county area (Miami-Dade, Broward, and Palm Beach Counties). E. Employees residing outside the tri-county area will not take their assigned vehicles home. They will leave their vehicles at secure BSO locations and arrange personal transportation to and from their homes. F. Employees residing in Broward County are permitted to use their assigned vehicle off-duty within Broward County. Reviewed: 05/17/2016 Revised: 09/13/2016 Rescinds: 02/24/2021 Effective: 02/25/2021 7.2 Page 1 of 10  SHERIFF’S POLICY MANUAL G. Employees residing in Miami-Dade or Palm Beach County will only be permitted to use their assigned vehicle to drive to and from work and off-duty within the county in which the employee resides, and Broward, if the employee is in an on- call status. H. Transporting passengers other than employees, suspects, arrestees, victims or witnesses will require additional insurance, to be obtained by the employee, as outlined in subsection 7.2.5 (Passengers in BSO Vehicle). I. Use of assigned vehicles outside the tri-county area is restricted to official business and must be approved by the Sheriff or designee. J. Employees using an assigned vehicle must have the appropriate valid Florida Driver License. [4ADLF-1B-05] K. BSO vehicles may not be driven by anyone other than authorized employees. The use of valet parking at an establishment visited by the employee is forbidden. Authorized agency car wash locations are exempt. L. The Sheriff has the authority to assign, deny, suspend, or remove employees from the Take-Home Vehicle Program. 7.2.3 BSO Vehicle Assignment Policy: A. BSO vehicles will be assigned to employees based on providing optimum service to the community, at the lowest operating cost through proper management of fleet resources. B. All deputies, in the normal course of their official duties, who respond to emergency calls will be issued a vehicle equipped with the appropriate lighting and warning devices. C. Unrepresented employees may receive a vehicle supplement or a take-home vehicle at the discretion of the Sheriff. The unrepresented employee – vehicle supplement form (BSO A#183) must be completed by the employee’s supervisor to activate / inactivate the supplement for processing by the Bureau of Human Resources. The supplement will automatically be discontinued at the end of each Reviewed: 05/17/2016 Revised: 09/13/2016 Rescinds: 02/24/2021 Effective: 02/25/2021 7.2 Page 2 of 10  SHERIFF’S POLICY MANUAL calendar year and will need to be reactivated through submission of a new form. The following criteria will be considered: 1. The employee is called out for special functions to the extent that having an assigned vehicle is more cost effective than paying mileage for use of a personal vehicle. 2. The employee frequently gets called after normal working hours and must have a specially equipped vehicle to complete the call-out task. 3. The employee has a job which requires daily travel from the employee's home to other locations (other than the assigned work location) before reporting for duty. 4. The employee frequently gets called out to situations requiring a BSO vehicle and time is critical to preserve the life, health, safety, and welfare of residents and visitors of Broward County and/or BSO property, or to carry out a critical agency function. D. Unless otherwise provided by an employee’s collective bargaining agreement, employees who require a vehicle to perform their official duties may receive one of the following at the discretion of the Sheriff: 1. Reimbursement for the use of their personal vehicle in accordance with applicable laws. [4ALDF-1B-02] 2. Use of a BSO pool or loaner vehicle from the pool fleet. a. The utilization of pool or loaner vehicles by civilian employees is restricted to work-related assignments only. b. Pool or loaner vehicles are not intended to be utilized as take-home vehicles and will be returned upon the completion of the shift unless specifically authorized by their immediate supervisor to complete the assignment. c. The extended use of a pool or loaner greater than one (1) week requires written approval from the employee’s Department Executive Director. Reviewed: 05/17/2016 Revised: 09/13/2016 Rescinds: 02/24/2021 Effective: 02/25/2021 7.2 Page 3 of 10  SHERIFF’S POLICY MANUAL d. Loaner vehicles shall not be used by employees receiving a vehicle allowance. E. The use of a BSO-assigned vehicle by non-sworn employees for other than business purposes is a taxable fringe benefit. Pursuant to Internal Revenue Service (IRS) law, personal use of an employer-provided vehicle is taxable to the employee as wages. The following are examples of taxable personal use of an employer-provided vehicle: 1. Commuting between residence and work station 2. Vacation, weekend use F. Quarterly Vehicle Mileage Report: Mileage on BSO vehicles assigned to non- sworn personnel will be documented on the Quarterly Vehicle Mileage Report (BSO A#20a). 1. All non-sworn personnel (management and non-management) who are assigned a BSO vehicle must complete a Quarterly Vehicle Mileage Report (BSO A#20a). 2. Separate Quarterly Vehicle Mileage Reports must be submitted for each BSO vehicle used by non-sworn personnel, including pool vehicles, anytime during the quarter. 3. The Quarterly Vehicle Mileage Report (BSO A#20a) must be submitted to the Payroll department within ten days following the end of each quarter. 4. Additional information is available on the Quarterly Vehicle Mileage Report (BSO A#20a) located on PowerDMS in the Forms Library. 5. Failure to submit the required form may result in suspension or removal from the Take-Home Vehicle Program and or possible IRS consequences. Repeat occurrences will be sent to Internal Affairs for follow-up. 7.2.4 BSO Vehicle Replacement and Inspections: Reviewed: 05/17/2016 Revised: 09/13/2016 Rescinds: 02/24/2021 Effective: 02/25/2021 7.2 Page 4 of 10  SHERIFF’S POLICY MANUAL A. BSO vehicles will be replaced in accordance with time, mileage, serviceability, and maintenance expense history established by the Fleet Division. B. When employees having BSO vehicles are notified about replacement of their BSO vehicles, they will ensure the requested vehicles are promptly delivered to the Fleet Division. C. The Fleet Division manager or designee must approve, in writing, all assignments or reassignments of a BSO vehicle before its issuance to the employee. D. Exchange of BSO vehicles will only be authorized through the Fleet Division. BSO vehicles will be retained when an employee is transferred. Employees will change between a marked and unmarked vehicle as required. E. New BSO vehicles, newly assigned vehicles, and vehicles to be re-assigned will be inspected by the Fleet Division before assignment or re-assignment. The receiving employee will review the inspection report, note concurrence or nonconcurrence, and sign the appropriate Fleet Division documentation. F. BSO vehicle operators will be accountable for damages and/or missing vehicle equipment (listed on the vehicle inspection record). 7.2.5 Passengers in BSO Vehicle: For the purposes of this section, approved non- work related passengers is defined as spouse, county registered domestic partner, children, step-children, and dependent minors. A. Employees may transport other employees and other work related persons, (i.e., suspects, arrestees, victims or witnesses), in their assigned vehicles while on- duty. B. Employees residing in Broward County are permitted to transport non-work related approved passengers in their assigned vehicles to locations within Broward County while on-call or driving to/from work only, provided the employee has met the insurance requirement as set forth below. Otherwise, only other employees, suspects under arrest, or others with special approval by the district/division commander or higher command staff will be permitted to ride in assigned vehicles. Reviewed: 05/17/2016 Revised: 09/13/2016 Rescinds: 02/24/2021 Effective: 02/25/2021 7.2 Page 5 of 10  SHERIFF’S POLICY MANUAL C. Employees Residing in Palm Beach or Miami-Dade Counties: 1. Are permitted to transport non-work related approved passengers in their assigned vehicles within their county of residence when in an on-call status and the employee has met the insurance requirement as set forth below. Otherwise, only other employees, suspects under arrest, or others with special approval by the district/division commander or higher command staff will be permitted to ride in assigned vehicles. 2. Employees residing in Palm Beach or Miami-Dade Counties are not permitted to transport non-work related passengers in their assigned vehicle while driving to/from work. Driving to/from work is not considered on-call. D. Insurance Requirements: If transporting approved non-work related passengers in an assigned vehicle as set forth in the preceding paragraph, the Employee must obtain business automobile insurance with minimum limits of $100,000 dollars per occurrence, $300,000 aggregate liability coverage and shall complete a “Liability Insurance Affidavit” as proof. 1. The policy must include coverage for owned vehicles, leased and non- owned vehicles. Additionally, the Employee must carry Personal Injury Protection Coverage as required under State Law if owner of a vehicle. 2. The Liability Insurance Affidavit will be maintained in the employee’s unit/district personnel file. The affidavit will remain in the employee’s personnel file indefinitely. Upon separation from the agency, the Affidavit, along with the employee’s personnel file will be sent to Human Resources for archiving. 3. The employee will provide a copy to Risk Management within 24 hours of an accident and/or upon request. 4. There are no exceptions to this insurance rider. E. If deputies respond to a felony call with civilian passengers in their vehicle, they will leave their passengers at a safe location or secure them upon arrival at the scene. Reviewed: 05/17/2016 Revised: 09/13/2016 Rescinds: 02/24/2021 Effective: 02/25/2021 7.2 Page 6 of 10  SHERIFF’S POLICY MANUAL F. Emergency responses will not be made with civilian passengers unless approved by a supervisor or needed to protect lives. G. Individual exceptions to this policy must be approved in writing by the Undersheriff. 7.2.6 BSO Vehicle Load: BSO vehicles will not be used to carry excessive loads nor items carried that protrude from the trunk, window, or attached to the exterior of the vehicle unless required to accomplish the employee's job function. 7.2.7 Storage During Leave: Employees participating in this program who are off duty for a period exceeding five days will turn in their assigned vehicles to their district/division commander. Vehicle maintenance should be scheduled for this period if possible. As used herein, off duty will be any time period an employee is not assigned duty (annual leave, conventions, military leave, etc.). It will not include periods of routine illness when an employee remains at home. 7.2.8 Special Detail Employment: Deputies may use assigned vehicles to and from special detail employment, but may not use assigned vehicles as part of the special detail employment unless authorized by Special Details. 7.2.9 Alcohol/Drugs in BSO Vehicle: A. Alcoholic beverages will not be put in assigned vehicles unless confiscated in the line of duty. B. Drugs will not be put in assigned vehicles unless lawfully prescribed or confiscated in the line of duty. 7.2.10 Operating BSO Vehicle While Impaired: Employees will not operate assigned vehicles while their ability is impaired by any substance. 7.2.11 Unauthorized Weapons: No unauthorized weapon will be carried in assigned vehicles. Authorized shotguns and rifles may be carried in vehicles per policies and procedures. 7.2.12 BSO Vehicle Security: Employees operating a BSO vehicle or leased vehicle shall not leave their vehicle running and unattended, whether locked or unlocked, Reviewed: 05/17/2016 Revised: 09/13/2016 Rescinds: 02/24/2021 Effective: 02/25/2021 7.2 Page 7 of 10  SHERIFF’S POLICY MANUAL with the exception of vehicles occupied by a canine. Otherwise, the following policies apply: A. To prevent theft of a BSO vehicle or its contents, employees will be responsible for properly securing their assigned, temporary assigned, or leased vehicle, except in exigent circumstances. B. Unattended assigned, temporary assigned, or leased vehicles must be locked if not in use, properly secured, and legally parked. This includes vehicles stored at an employee's home. C. Failure to properly secure assigned, temporary assigned, or leased vehicles including the contents therein may result in the employee being held financially responsible, except where the item is permanently mounted (I.e., Vehicle- Mounted RADAR or In-Car Camera). D. The trunk is an acceptable location for storing items such as digital cameras, tape recorders, and other small electronic devices that are not permanently mounted. The passenger compartment of the vehicle is not an acceptable location to store any items other than non-valuables and permanently mounted items. E. Sensitive equipment should not be left in a BSO assigned, temporary assigned, or leased vehicle during off-duty hours. Sensitive equipment includes but is not limited to: 1. Computer/computer-related equipment 2. Air Card 3. Any type of weapon 4. Protective Vests 5. All BSO or government issued credentials and access cards 6. Exception - These items may be kept in an assigned BSO vehicle if: a. Secured in a mounted lock box, or Reviewed: 05/17/2016 Revised: 09/13/2016 Rescinds: 02/24/2021 Effective: 02/25/2021 7.2 Page 8 of 10  SHERIFF’S POLICY MANUAL b. Secured in a trunk with a cable lock. 7.2.13 Take-Home Vehicle Privilege Suspension: Employees on disciplinary suspension will be relieved of their assigned vehicle until they return to full duty. In some cases, employees may return to full duty although their take-home vehicle privilege may remain suspended as part of the disciplinary action. 7.2.14 Reporting Improper BSO Vehicle Use: Employees will report any improper conduct observed or violation of regulation of other employees operating assigned vehicles. 7.2.15 Identification, Sidearm, and Radio Required: Deputies driving assigned vehicles will have their BSO identification, authorized sidearm, radio, and handcuffs with them. 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