Notice of Proposed Rule

DEPARTMENT OF CORRECTIONS
RULE NO: RULE TITLE
33-203.601: Employee Benefit Trust Fund
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to set forth policies and procedures for the operation of the employee benefit trust fund as authorized by Sections 945.215 and 945.21501, F.S.
SUMMARY: The proposed rule provides policies and procedures for the operation of the employee benefit trust fund as authorized by Sections 945.215 and 945.21501, F.S.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 945.215, 945.21501 FS.
LAW IMPLEMENTED: 945.215, 945.21501 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Perri King Dale, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-203.601 Employee Benefit Trust Fund.

(1) The purpose of the trust fund shall be to:

(a) Construct, operate, and maintain training and recreation facilities at correctional facilities for the exclusive use of department employees. Any facility constructed using funds from the Employee Benefit Trust Fund is the property of the department and must provide the maximum benefit to all interested employees, regardless of gender.

(b) Provide funding for employee appreciation programs and activities designed to enhance the morale of employees.

(2) The employee benefit trust fund shall be established in the Bureau of Finance and Accounting. Oversight and administration of the fund shall be the responsibility of the employee benefit trust fund team. The primary function of the central office team will be to standardize the operation of the employee benefit trust fund. The team shall be made up of the following staff members:

(a) Secretary or designee;

(b) Assistant Secretary of Institutions or designee;

(c) Chief of Staff or designee;

(d) Deputy Assistant Secretary of Institutions or designee;

(e) Director of Administration or designee; and

(f) Chief, Bureau of Finance and Accounting or designee.

(3) A regional employee benefit trust team appointed by the regional director of institutions will be established in each region. This team will review and approve the number and location of vending machines and canteens, recommend staffing patterns, and perform a monthly review of checks written. The team shall be made up of the following staff members:

(a) Regional director of designee, chair;

(b) Regional business manager or designee;

(c) A representative from the regional office of institutions;

(d) An institutional warden; and

(e) An employee from a major institution.

(4) An institutional employee benefit trust fund team appointed by the warden will be established at each institution. This team will make recommendations for employee benefit projects, make recommendations for the number and location of vending machines and canteens, review canteen operations, establish inventory levels, and develop a methodology to establish pricing. The team shall be made up of the following staff members:

(a) The warden, chair;

(b) A security representative from each unit, annex or work camp;

(c) A representative from classification;

(d) A representative from medical;

(e) The general services specialist; and

(f) One institution employee.

(5) Local institutions are authorized to submit money to the trust fund from the following sources

(a) Proceeds of vending machines, staff canteens, or other such services not intended for use by inmates;

(b) Donations, except donations by, or on behalf of an inmate.

(6) One half of the net proceeds of the department’s recycling program will be used to fund employee benefits for community corrections, regional offices, and central office.

(7) Local bank accounts shall be established at each institution for the purchase of items for resale or operating supplies approved by the central office employee benefit trust fund team.

(8) The central office employee benefit trust fund team will establish an amount to be retained in each local account. Funds in excess of operating needs will be transferred to the central account.

(9) Institutions requesting to withdraw money from the fund shall submit a request to the central office team describing the need for the funds and cost estimate for the project. The request will be submitted utilizing Form DC2-354, Employee Benefit Trust Fund Expenditure Request. Form DC2-354 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, Bureau of Policy Development, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500. The effective date of this form is_______.

(10) The central office team shall review each request to ensure that the purpose of the expenditure is in accordance with authorized uses of the fund and to ensure that the institution has sufficient funds earmarked for the amount of the withdrawal. If the DC2-354 is approved, vendor payments may be requested by e-mail using the Form DC2-356, EBTF Expenditure Check Request. Form DC2-356 is herby incorporated by reference. Copies of this form are available from the Forms Control Administrator, Bureau of Policy Development, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500. The effective date of this form is________

(11) A service charge equal to 7% of canteen revenues will be used to offset administrative costs of the employee benefit trust fund.

Specific Authority 945.215, 945.21501 FS. Law Implemented 945.215, 945.21501 FS. History–New________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Rhonda Vause, Chief, Bureau of Finance and Accounting
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Laura E. Bedard, Ph.D., Deputy Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 12, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 28, 2007