CopyAgo (Fla. Att'y Gen. 1984).
Published | Florida Attorney General Reports
...ICH IS PURCHASED WITH STATE FUNDS, BE VESTED IN THE STATE; SPECIFICALLY, MUST WHEELCHAIRS PURCHASED FROM APPROPRIATED FUNDS BE IDENTIFIED AND INCLUDED IN THE PROPERTY CUSTODIAN'S PROPERTY RECORDS AND INVENTORY REQUIRED TO BE KEPT AND MAINTAINED BY s 273.02 , F.S.? Your inquiry notes that the Department of Health and Rehabilitative Services has a practice of buying medical equipment for its clients when this equipment is needed as a part of the client's rehabilitation program....
...For the following reasons, it is my opinion that wheelchairs purchased from appropriated funds, and in the possession of and used by clients, should be duly marked or identified and included in departmental property records and inventories compiled pursuant to and as required by the terms of s 273.02 , F.S., and further that the title to such wheelchairs should be vested in and remain in the State and should not be transferred to or vested in individuals or clients of the department. Chapter 273 , F.S., regulates the control and disposition of state-owned tangible personal property; s 273.02 , F.S., defines "property" as used in that section as "equipment, fixtures, and other tangible personal property of a nonconsumable and nonexpendable nature, the value or cost of which is $100 or more and the normal expected life of which is 1...
...ible personal property owned by the state," and s
273.01 (1) defining "custodian" as "any elected or appointed state officer, board, commission, or authority, and any other person or agency entitled to lawful custody of property owned by the state." Section
273.02 , F.S., further provides: Each item of property which it is practicable to identify by marking shall be marked in the manner required by the Auditor General....
...273, reiterate in Rule 10.310 that Ch. 273 regulates the acquisition, supervision, accountability, control, transfer and disposal of all tangible personal property owned by the State. See also, Rule 10.310(3)(a)-(i) which contain the same requirements as s 273.02 , concerning property records and inventory requirements....
...393 exempt your department or any "rehabilitation equipment" from the Ch. 273 requirement that state-owned tangible personal property in the custody of your department be properly marked or identified and included in the property records and inventories required to be kept and maintained by the terms of s 273.02 , F.S....
...273 must be vested in the state except as exempted by law, and that wheelchairs purchased from appropriated funds must be properly marked or identified and included in the property records and inventories required to be kept and maintained by the terms of s 273.02 , F.S....
