§ 2-2-201. Definitions.

For purposes of this article, the following definitions shall apply:

Auto means any motorized land vehicle, including motorcycles, capable of being driven on the public roads and which the laws of the State of Florida require to be titled, registered and licensed; the term does not include vehicles that are designed for use principally off the public roads, such as construction equipment, bulldozers, forklifts, farm equipment, golf, carts, utility carts, etc.

County means Manatee County, a political subdivision of the State of Florida.

County attorney means the Manatee County Attorney as appointed by the board of county commissioners, or his or her designee.

Covered auto is any auto owned hired, or entrusted to the county or an elected official, where that auto is used in the performance of the official business of the county or elected official.

For collision/comprehensive coverage, under section 2-2-207 of this Code: Covered auto includes authorized non-owned autos used in the performance of the official business of Manatee County. Such prior authorization or use is approved by prevailing county policy or constitutional officer. Non-owned autos must carry personal auto insurance coverage and such insurance coverage will be primary over any self-insurance coverage or purchased liability insurance coverage provided by the county.

Covered auto does not include vehicles owned or hired by the sheriff while being used by deputies during off-duty employment unless the need for a covered auto is a requirement of the off-duty job. Covered auto does not include non-owned auto used by the board of county commissioners or any constitutional officer or their employees while going to or coming from the workplace. Covered auto does not include county owned autos or hired autos used outside of the scope of employment, or used on personal business or errands. If permitted by prevailing county policy or constitutional officer, for such, then personal auto insurance coverage must be provided and will be primary over any self-insurance coverage or purchased liability insurance coverage provided by the county during such operation of the auto.

Covered county property means those existing and newly acquired/built facilities, structures, vehicles, watercraft, and equipment, owned by the county and those other properties in the care, custody, and control of the county, and assets as listed on the statement of values as may be amended from time to time.

Covered trailer is any trailer that is towed as authorized. Damage to covered trailer is extended in the same manner as covered autos.

Elected official or constitutional officer means any individual serving as:

(1)

The Sheriff of Manatee County;

(2)

The Clerk of the Circuit Court in Manatee County;

(3)

The Manatee County Tax Collector;

(4)

The Manatee County Property Appraiser; and

(5)

The Manatee County Supervisor of Elections.

Employee means:

(1)

All elected officials, while acting in their official capacities;

(2)

All members of the board of county commissioners, while acting in their official capacities;

(3)

All authorized volunteers for any unit of county government, while acting in the course and scope of county duties;

(4)

All persons while acting within the course and scope of their employment who perform services for remuneration and who are actually employed by the board of county commissioners, by any elected official, by the county attorney, or by an agency provided coverage under this article by interlocal agreement with the county, either full-time, part-time or casually, including off-duty sheriff's deputies, by contract or otherwise, while performing work directly for Manatee County;

(5)

The term does not include persons performing work through an employee leasing company (as defined in Section 468.520, Florida Statutes);

(6)

The term does not include independent contractors (as defined in Section 440.02(15)(d), Florida Statutes), including professional consultants, accountants or lawyers, nor their employees;

(7)

The term does not include any special district including the Manatee County Port Authority and the Sarasota/Manatee Metropolitan Planning Organization (MPO), nor the employees of any of the foregoing, unless provided coverage under this article by interlocal agreement with the county.

Hired auto is any auto rented or borrowed by the county, an elected officer, a constitutional officer, county attorney, or their employees for the performance of the official business of the county, or for the use of directly going to or coming from employment and the employee's residence or authorized off-duty assignment. Hired autos are subject to the same provisions as defined under covered autos.

Loss means sudden and accidental damage or destruction of county or elected official property; loss also means a monetary liability for damages sustained or injury suffered by a third party due to the negligent or wrongful act of an employee. Loss does not mean damage or destruction due to negligence of any other third person or entity.

Non-owned auto is an auto owned by, entrusted to, or hired by an elected official, constitutional officer, county attorney, or their employees or authorized volunteers for their personal use and for which may be occasionally used in the performance of the employee's duties for the county.

Owned auto is an auto owned by the county and is used for the performance of the official business of the county.

Person means a natural individual or any legal entity which, under the laws of the State of Florida, could maintain a civil action in the state courts.

Repair shop includes the sheriff's maintenance and paint shop facilities and county fleet maintenance, as well as commercial body, paint and auto-glass businesses.

Self-insurance fund means those funds budgeted and appropriated each year by the board, and surplus or reserve funds carried over from year to year, for the administrative expenses of the self-insurance program, for purchases of commercial insurance, for purchase of risk management services, for repairs or replacement of damaged, lost or destroyed property and vehicles, for payment of claims, for payment of workers' compensation medical costs, indemnity benefits and other costs, and for actuarially-sound reserves. It shall be an internal service fund into which premiums will be paid from the appropriated funds of the elected officials and other units of county government. The fund may also be augmented from other general county funds.

Unit of county government means any department under the county administrator, the county attorney's office, and all authorities, boards, committees and commissions whose members are comprised of or appointed by the board; provided, however, the term does not include any special district, including the Manatee County Port Authority and the MPO, unless provided coverage under this article by interlocal agreement with the county.

Volunteer means a person who has complied with all laws and administrative procedures associated with the county's or elected official's volunteer program, and who is subsequently authorized by the county or elected official to provide, of his or her own free will, services to the county or any elected official acting within his/her official duties, without receiving monetary or material compensation except as provided by law. The term does not include jurors, court witnesses, job applicants, sheriff's cadets, persons performing court-ordered community service, prisoners, road gang members, detainees, boot camp trainees, or members of organizations providing services under a contract, with or without reimbursement from the county or official.

(Ord. No. 16-26 , § 2, 10-25-16)