Title: Opinion File - 65-29 thru 65-34
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Permanent Link: http://ufdc.ufl.edu/WL00003231/00001
 Material Information
Title: Opinion File - 65-29 thru 65-34
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File - 65-29 thru 65-34
General Note: Box 14, Folder 2 ( Opinion File 1961-1971 - 1961-1971 ), Item 19
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003231
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text


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x uunt 15, 1969


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STATE


RALPH R. KILLER
EXECUTIVE DIRECTOR
TELEPHONE U4-8171


FLORIDA

PURCHASING COMMISSION
NEW STATE OFFICE BUILDING
TALLAHASSEE
32304 -


October 14, 1965


Mr. Dale Twachtmann
Executive Director
Southwest Fla. Water
P. O. Box 216
Brooksville, Florida


HAYDON BURNS. GOVERNOR
CHAIRMAN
TOM ADAMS
SECRETARY Of STATE
EARL FAIRCLOTH
ATTORNEY GENERAL
FRED 0. DICKINSON. JR.
COMPTROLLER
BROWARD WILLIAMS
STATE TREASURER
FLOYD T. CHRISTIAN
STATE SUPERINTENDENT
OF PUBLIC INSTRUCTION
DOYLE CONNER
COMMISSIONER OF
AGRICULTURE


Management District


Dear Mr. Twachtmann:


Acknowledgment is made to your letter dated October 13, 1965, concerning
a reminder we mailed and received by you on October 6, 1965, in reference
to a Policy Assignment Schedule of Passenger Carrying Vehicles.

It is our interpretation of the law that the Southwest Florida Water
Management District (as is the Central and Southern Florida Flood Control
District) shall comply with the rules and regulations, pursuant to the
State Purchasing Commission Law Chapter 287 Florida Statutes 1963.

However, since your attorney and auditor has advised you otherwise, it is
our suggestion that this matter be cleared with the Attorney General,
State of Florida, for an opinion clarifying questions you may have.

Very truly yours,

Ralph R. Siller
Executive/ i sector



y: A. R. Pearce, Jr.
Equipment Supervisor


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S RE: MOTR VEHICLE
Adopted 6/27/61

Section 287.061, subsection (3), Florida Statutf
Commission approval before any motor vehicle can
agency, board, department, commission, institute

The policy and procedure of the State Purchasing
automobiles shall be as follows

1:.. All using agencies, boards, departments, c
A 5 shall prepare a Policy or Scope for assignir
'*i to their personnel. This Policy or Scope
Specifications and have the signed approval
Boards, institutions, commissions, or depar
.l a Purchasing Commission. Approved policies s
Purchasing Commission for reference. All r
-'passenger-carrying vehicles thereafter shal
." I, -with the agency's approved Policy.

Y y 2. All passenger-carrying vehicles maybe disp
v^" at 65,000 miles or three (3) years, which
however, should any agency determine that a
operate it may be disposed of regardless of

S The agency head shall furnish the Purchasi
in writing, relative to the proposed purcha
which vehicle is to be used, title of assig
or appropriation ftob-e charged, quantity of
Number, and options required in accordance
Equipment must be justified). In case of
equipment to be traded, present mechanical
Sof vehicle, copy of maintenance record and
It she'll be the duty of the Executive Direc
to determine whether the used vehicle be tr
the best interest of the State.

4. Purchases may be authorized in the Interme
station wagons) as specified in State Spec I
S'(Chevelle, Coronet, Classic, Belvedere, Fail
/are to be used for local and occasional hi
with agency's Policy.
wh----------


s, requires State Purchasing
be purchased by any State
on, etc.

Commission for purchases of


missions, institutions, etc.,
ig passenger-carrying vehicles
all be in accordance with State
of the Executive Head of agency's
;ments and approved by the State .i*
all remain on file with the
quests for purchase of
be submitted in accordance


sed of either by trade or sale
er shall occur first, except
vehicle is uneconomical to
mileage or age.


I Commission full information
>e, such as purposend need for
tee, point of delivery, un
vehicles, State Specification
;ith agency's Policy (Optional
ade-in give full description of
condition actual mileage, location
ny other pertinent information.
tor of the Purchasing Commission
ided or sold as it appears to


late Class Automobile (including
Tication Numbers 3 and 4
lane, Etc.), when vehicles
may travel, and in accordance


(over)


STATE PURCHASING COMISSSIGI
STATE OF P(RIDA
TAAUUASSEE


GENERAL ROEGUATIGN NO. 3


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5. Purchases may be authorized in the Conventional Class automobile (including
station wagons) as specified in State Specification Numbers 1 and 2
(Chevrolet Biscayne, Ford Custom, Plymouth Fury I) when extensive local
^, r -and long dis nce travel is required and in accordance with agency's Policy.

u6. chase may be authorized in the Compact Class automobile (including
station wagons) as specified in State Specification Numbers 5 and 6
(Chevy II, Falcon, Dart, Rambler, Valiant), provided the agency determines
S that their vehicle use will be primarily local or metropolitan area travel,
and in accordance with agency's Policy.
v^1^7-;* ___ ___-~----- -----* ----___ ~____

7. Purchases may be authorized in the Executive Class automobile (including
station wagons), when in accordance with the agency's Policy for assignment
of Executive Class automobiles.

SThe Executive Director shall arrange for advertising and requesting bids on
group s of vehicles ,where possible, in order to obtain quantity price advantage.

OTHER VEHICLES: No purchase shall be made of boats, motors, aircraft, jeeps,
busses, coaches, trucks, trailers, tractors, draglines, and similar vehicles
i without approval and determination by the Executive Director of the need
for and the use of all such vehicles before authorizing purchase..




NO: Attached for agencies use is a suggested form to be submitted
in accordance with this Regulation.


S lt





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STATE PURCHASING COMMISSION


Ch. 287


." erwise applying to purchases by such polithi. relating to the approval of the purchase of all
subdivisions and authorities. i'jei of automobiles, buses, coaches,
i w ; ( oa ) eh2. trucUe tractors, draglines and similar-ong
ro1 = IRe.w. e-q iulpment, motorboat-r ad aircraft Suelrpur
287.061 Purchases by agencies; regulated chases made by any -icer, board, agency,
by commission.- department or branch of the state government
(1) Th rchasing commission shall adopt shall be subject to the approval of the state
puieaingre gu aih pc purchasing commission. Such rases shall
i .anyr gneny o anrd ...m..dtor_ iambI be made in accordance with rules and regula-
inA.itabIIes tabts standards a specifications tons of the state purchasing commission relat-
for a commodity or commodities and the maxi- ing to the purchase of state owned motor
mum-fairprices ofiacoimodityVr commodities. vehleles. The title of such property shall re-
It sha4 have the power to amend, add to, p W # ae a te.
enll ifate-BtarchtTn-g regulatio-ns. ThE-ido-tion (4) ( propriated to any
of, amrewfdm-en,-ad-ttton to, or elimination of depa be wpeoiaed for
purchasing regulations shall be based upon a equ ntaning printing,
determination by the purchasing commission, duplicating or reproduce on services or facili-
upon a majority vote registered in its minutes, ties, then each such department or agency shall
that such action is reasonable and practicable compile cost records as prescribed by the state
and advantageous to promote efficiency and auditor of all such expenditure and work done;
eonormy in the purchase of commodities by the provided that this shall not apply to any de-
agencies of the state. Upon the adoption of apartment or agency using a reproduction ma-
any purchasing regulation, or an amendment, chine or a photo-reproducing machine in
addition or elimination therein, copies of same ordinary office reproduction of typewritten mat-
shall be furnished to the state comptroller and ter; however, the purchase of any printing and
to all agencies affected thereby. Thereafter, no duplicating equipment when the amount of
agency of the state shall purchase any commod- such purchase exceeds three thousand dollars,
shall be made only under such rules and regula-
ities covered by existing purchasing regulations be made only under such rules nd rga-
unless such commodities be in conformity with tions adopted by the state purchasing commis-
the standards and specifications set forth in ion..-, e -3 (E) n. I,. Ch.
the purchasing regulations and unless the price si-rse.
thereof does not exceed the maximum fair price Nte.-a1lmiar proialona In former .87.06.
Established by such purchasing regulations. The 287.071 Agencies to furnish information as
f ptroller of the state shall not approve any to purchases.-Each and every agency of the
Sount nor order and direct any payment of state shall furnish information relative to its
-any account for the purchase of any commodity purchases of commodities, and as to its methods
covered by an existing purchasing regulation of purchasing such commodities to the purchas-
when the purchase price of such commodity ts ing commission upon the request of said pur-
in excess of the maximum fair price fixed there- chasing commission.
for by such purchasing regulation. The said .. -
commission shall furnish to any county or mu- noe..-eiuar provieons In former 12M.07.
nicipality or other local public agency of the
state requesting same, copies of purchasing 287.081 Purchases exceeding $1000 to be
regulations adopted by the purchasing com- made on bids.-
mission and any amendments, changes or elimi- (1) No purchase shall be made where the
nations of same that may be made from time to purchase price thereof is in excess of one thou-
time. sand dollars unless made upon competitive bids


(2) The state purchasing commission shall
have supervision over the purchasing and pur-
chasing practices of each state agency or insti-
tution and may by regulation or order correct
any practice that appears contrary to this chap-
ter or to the best interests of the state. If it
shall appear that any agency or institution is
not practicing economy in its purchasing or is
permitting favoritism or any improper purchas-
ing practice, the commission shall require that
the agency or institution immediately cease
such improper activity with full and complete
authority in the commission to carry into effect
its directions in such regard.
(8) The state purchasing commission shall
have and exercise all rights, powers, jurisdic-
j tion, duties, privileges and authority heretofore
vested by law in the state budget commission
'-N--


received; and when the purchase price is in
excess of two thousand dollars no purchase
shall be made unless competitive bids are re-
ceived after advertising therefore in a newspaper
of general circulation at least once a week for
not less than two consecutive weeks prior to the
date on which bids are to be received; provided,
however, that if the executive head of any
agency of the state shall determine that a real
emergency exists in regard to the purchase of
any commodities, so that the delay incident to
giving opportunity for competitive bidding
would be detrimental to the interests of the
state, then and in such event the provisions
herein for competitive bidding shall not apply
and the head of such agency shall file with the
purchasing commission a statement under oath
certifying the conditions and circumstances.
Upon receipt of such statement the purchasing


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Ch. 287


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