(1) This rule shall govern the creation and operation of employee benefit funds within the Department.

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    (2) The ranking principal supervisor of any building occupied and used by the Department may create an employee benefit fund. Where only a part of a building is occupied and used by the Department, the ranking principal supervisor of that part of the building may create the employee benefit fund. Where more than one division of the Department share space in the same building, the ranking principal supervisors of the respective spaces may create separate funds or may, by mutual consent, establish a joint fund. Each fund shall be given a name which shall include the words “”Employee Benefit Fund,”” the initials of the Division or Divisions, and the location of the fund; for example “”Employee Benefit Fund-FHP-Lakeland.”” Each fund’s name shall be unique, and where a Division occupies more than one building in a given location, the fund name shall include the building’s name or its street address to prevent different funds being confused. Any bank account into which fund monies are deposited shall be in the name of the particular fund.
    (3) The net proceeds of all vending machines located in the building or part of a building occupied and used by the Department and covered by an employee benefit fund shall constitute the sole source of monies to be deposited in the fund.
    (4) The ranking principal supervisor of the building or part of a building used and occupied by the Department shall be responsible for the operation of the fund and for the receipt and disbursement of fund monies, except that all checks withdrawing money from the fund shall be signed by both the ranking principal supervisor and the secretary-treasurer of the fund. Where a joint fund has been established, the ranking principal supervisors authorized to establish such a fund shall be jointly responsible. Each ranking principal supervisor shall appoint a secretary-treasurer for the fund, and may also appoint such assistants, designees or committees as may be necessary to assist him in the operation of the fund, but such ranking principal supervisor shall remain ultimately responsible for the operation of the fund regardless of such appointments. The ranking principal supervisor of the Department’s headquarters in Tallahassee, the Neil Kirkman Building, is the Executive Director of the Department, who may designate responsibility for the operation of the employee benefit fund for the Neil Kirkman Building to the Director of the Division of Administrative Services or other designee duly appointed by the Executive Director. Checks drawn on the fund established for the Neil Kirkman Building shall be signed by the Executive Director or his designee and by the secretary-treasurer of the fund.
    (5) Except as provided in subsection (6), each employee benefit fund established under this rule shall be primarily for the benefit of the employees who work in, or whose principal headquarters is, the building or part of a building covered by that fund, and for the benefit of the families of such employees. Monies may be expended from the fund for the benefit of employees of the Department and their families for gifts (examples include, but are not limited to, flowers, cards or memorials on appropriate occasions), disaster relief and social functions.
    (6) The Employee Benefit Fund of the Florida Highway Patrol training academy shall be funded by proceeds of vending machines located in the academy building and the sale of Florida Highway Patrol mementos. This fund is for the benefit of employees of the division of the Florida Highway Patrol, and for the benefit of the families of such employees. Monies may be expended for the benefit of division employees and their families for gifts (examples include, but are not limited to, flowers, cards or memorials on appropriate occasions), disaster relief and social functions. Monies also may be expended to defray the cost of purchase and sale of mementos.
    (7) Monies from separate funds may be pooled or transferred from one fund to another to carry out joint projects at the mutual consent of all persons responsible for the funds involved.
    (8) Each fund shall prepare a financial statement semi-annually in a format designated by the Department. Copies of these statements shall be furnished to the Director of the Division of Administrative Services for review as appropriate with the Executive Director, and to the Division Director, and shall be posted on appropriate bulletin boards.
    (9) No employee benefit fund shall be allowed to exist unless operated in conformity with the terms of this rule. Any funds collected from vending machines which are not under the administration of a duly created fund shall be deposited with the Treasurer of the State of Florida.
Rulemaking Authority 112.217 FS. Law Implemented Chapter 85-356, Laws of Florida, 112.217 FS. History-New 6-14-82, Formerly 15-5.01, Amended 9-13-88.