HB 1335 2003
1	CHAMBER ACTION
2
3
4
5
6	The Committee on State Administration recommends the following:
7
8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to per diem and travel expenses; amending
12	s. 112.061, F.S.; establishing per diem and subsistence
13	ranges for travel expenses of public employees; conforming
14	provisions and deleting obsolete provisions; providing for
15	future adjustments of such rates; providing that counties
16	and district school boards may increase specified rates;
17	providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1. Paragraph (a) of subsection (1), paragraphs (e)
22	and (g) of subsection (3), paragraphs (b) and (c) of subsection
23	(5), subsection (6), paragraphs (b) and (d) of subsection (7),
24	paragraph (b) of subsection (8), and subsections (9), (11), and
25	(13) of section 112.061, Florida Statutes, are amended, and
26	subsections (14) and (15) are added to said section, to read:
27	112.061 Per diem and travel expenses of public officers,
28	employees, and authorized persons.--
29	(1) LEGISLATIVE INTENT.--There are inequities, conflicts,
30	inconsistencies, and lapses in the numerous laws regulating or
31	attempting to regulate travel expenses of public officers,
32	employees, and authorized persons in the state. It is the intent
33	of the Legislature:
34	(a) To remedy same and to establish uniform travel
35	reimbursement ranges for state agencies, maximum travel
36	reimbursement rates for nonstate public agencies, and
37	limitations for all public agencies, with certain justifiable
38	exceptions, applicable to all public travelersofficers,
39	employees, and authorized personswhose travel expenses are paid
40	by a public agency.
41	(3) AUTHORITY TO INCUR TRAVEL EXPENSES.--
42	(e) The agency head, or a designated representative, may
43	pay by advancement or reimbursement, or a combination thereof,
44	the costs of per diem of travelers and authorized personsfor
45	foreign travel at the current rates as specified in the federal
46	publication "Standardized Regulations (Government Civilians,
47	Foreign Areas)" and incidental expenses as provided in this
48	section.
49	(g) The secretary of the Department of Health or a
50	designee may authorize travel expenses incidental to the
51	rendering of medical services for and on behalf of clients of
52	the Department of Health. The Department of Health may establish
53	rates lower than the rangemaximumprovided in this section for
54	these travel expenses.
55	(5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
56	purposes of reimbursement and methods of calculating fractional
57	days of travel, the following principles are prescribed:
58	(b) A traveler shall not be reimbursed on a per diem basis
59	for Class C travel, but shall receive subsistence as provided in
60	this section, which allowance for meals shall be based on the
61	following schedule:
62	1. Breakfast--When travel begins before 6 a.m. and extends
63	beyond 8 a.m.
64	2. Lunch--When travel begins before 12 noon and extends
65	beyond 2 p.m.
66	3. Dinner--When travel begins before 6 p.m. and extends
67	beyond 8 p.m., or when travel occurs during nighttime hours due
68	to special assignment.
69
70	No allowance shall be made for meals when travel is confined to
71	the city or town of the official headquarters or immediate
72	vicinity; except assignments of official business outside the
73	traveler's regular place of employment if travel expenses are
74	approved. The Chief Financial OfficerComptrollershall
75	establish a schedule for processing Class C travel subsistence
76	payments at least on a monthly basis.
77	(c) For the 2002-2003 fiscal year only and notwithstanding
78	the other provisions of this subsection, for Class C travel, a
79	state traveler shall not be reimbursed on a per diem basis nor
80	shall a traveler receive subsistence allowance. This paragraph
81	expires July 1, 2003.
82	(6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
83	purposes of reimbursement rates and methods of calculation, per
84	diem and subsistence allowances are divided into the following
85	groups and rates:
86	(a) All travelers shall be allowed for subsistence when
87	traveling to a convention or conference or when traveling within
88	or outside the state in order to conduct bona fide state
89	business, which convention, conference, or business serves a
90	direct and lawful public purpose with relation to the public
91	agency served by the person attending such meeting or conducting
92	such business, either of the following for each day of such
93	travel at the option of the traveler:
94	1. Between $50 and $94Fifty dollars per diem for state
95	travelers or up to $94 dollars for nonstate travelers; or
96	2. If actual expenses exceed $50, the amounts permitted in
97	this paragraph and paragraph (b) for per diem andmeals, plus
98	actual expenses for lodging at a single-occupancy rate to be
99	substantiated by paid bills therefor.
100
101	When lodging or meals are provided at a state institution, the
102	traveler shall be reimbursed only for the actual expenses of
103	such lodging or meals, not to exceed the maximum provided for in
104	this subsection.
105	(b) All travelers shall be allowed the following amounts
106	for subsistence while on Class C travel on official business as
107	provided in paragraph (5)(b):
108	1. Breakfast. State travelers are allowed between $3 and
109	$5 and nonstate travelers up to $5.
110	2. Lunch. State travelers are allowed between $6 and $11
111	and nonstate travelers up to $11.
112	3. Dinner. State travelers are allowed between $12 and
113	$22 and nonstate travelers up to $22.
114	1. Breakfast $3
115	2. Lunch $6
116	3. Dinner $12
117	(d) For the 2002-2003 fiscal year only and notwithstanding
118	the other provisions of this subsection, for Class C travel, a
119	state traveler shall not be reimbursed on a per diem basis nor
120	shall a traveler receive subsistence allowance. This paragraph
121	expires July 1, 2003.
122	(7) TRANSPORTATION.--
123	(b) The Department of Financial ServicesBanking and
124	Financemay provide any form it deems necessary to cover travel
125	requests for traveling on official business and when paid by the
126	state.
127	(d)1. The use of privately owned vehicles for official
128	travel in lieu of publicly owned vehicles or common carriers may
129	be authorized by the agency head or his or her designee.
130	Whenever travel is by privately owned vehicle:
131	a. A state, thetraveler shall be entitled to a mileage
132	allowance at a fixed rate of 29 to 3725 cents per mile;
133	b. A nonstate traveler shall be entitled to a mileage
134	allowance of up to 37for state fiscal year 1994-1995 and 29
135	cents per mile; or
136	c. The traveler shall be entitled tothereafter orthe
137	common carrier fare for such travel, as determined by the agency
138	head.
139	2.Reimbursement for expenditures related to the
140	operation, maintenance, and ownership of a vehicle shall not be
141	allowed when privately owned vehicles are used on public
142	business and reimbursement is made pursuant to this paragraph,
143	except as provided in subsection (8).
144	3.2.All mileage shall be shown from point of origin to
145	point of destination and, when possible, shall be computed on
146	the basis of the current map of the Department of
147	Transportation. Vicinity mileage necessary for the conduct of
148	official business is allowable but must be shown as a separate
149	item on the expense voucher.
150	(8) OTHER EXPENSES.--
151	(b) Other expenses which are not specifically authorized
152	by this section may be approved by the Department of Financial
153	ServicesBanking and Financepursuant to rules adopted by it.
154	Expenses approved pursuant to this paragraph shall be reported
155	by the Department of Financial ServicesBanking and Financeto
156	the Auditor General annually.
157	(9) RULES AND REGULATIONS.--
158	(a) The Department of Financial ServicesBanking and
159	Finance shall adoptpromulgatesuch rules and regulations,
160	including, but not limited to, the general criteria to be used
161	by a state agency to predetermine justification for attendance
162	by state officers,and employees,and authorized persons at
163	conventions and conferences, and prescribe such forms as may be
164	necessary to effectuate the purposes of this section. The
165	department may also adopt rules prescribing the proper
166	disposition and use of promotional items and rebates offered by
167	common carriers and other entities in connection with travel at
168	public expense; however, before adopting such rules, the
169	department shall consult with the appropriation committees of
170	the Legislature.
171	(b) Each state agency shall promulgate such additional
172	specific rules and regulations and specific criteria to be used
173	by it to predetermine justification for attendance by state
174	officers,and employees,and authorized persons at conventions
175	and conferences, not in conflict with the rules and regulations
176	of the Department of Financial ServicesBanking and Financeor
177	with the general criteria to be used by a state agency to
178	predetermine justification for attendance by state officers,and
179	employees,and authorized persons at conventions, as may be
180	necessary to effectuate the purposes of this section.
181	(11) TRAVEL AUTHORIZATION AND VOUCHER FORMS.--
182	(a) Authorization forms.--The Department of Financial
183	ServicesBanking and Financeshall furnish a uniform travel
184	authorization request form which shall be used by all state
185	officers,and employees,and authorized persons when requesting
186	approval for the performance of travel to a convention or
187	conference. The form shall include, but not be limited to,
188	provision for the name of each traveler, purpose of travel,
189	period of travel, estimated cost to the state, and a statement
190	of benefits accruing to the state by virtue of such travel. A
191	copy of the program or agenda of the convention or conference,
192	itemizing registration fees and any meals or lodging included in
193	the registration fee, shall be attached to, and filed with, the
194	copy of the travel authorization request form on file with the
195	agency. The form shall be signed by the traveler and by the
196	traveler's supervisor stating that the travel is to be incurred
197	in connection with official business of the state. The head of
198	the agency or his or her designated representative shall not
199	authorize or approve such request in the absence of the
200	appropriate signatures. A copy of the travel authorization form
201	shall be attached to, and become a part of, the support of the
202	agency's copy of the travel voucher.
203	(b) Voucher forms.--
204	1. The Department of Financial ServicesBanking and
205	Financeshall furnish a uniform travel voucher form which shall
206	be used by all state officers,and employees,and authorized
207	persons when submitting travel expense statements for approval
208	and payment. No travel expense statement shall be approved for
209	payment by the Chief Financial OfficerComptrollerunless made
210	on the form prescribed and furnished by the department. The
211	travel voucher form shall provide for, among other things, the
212	purpose of the official travel and a certification or
213	affirmation, to be signed by the traveler, indicating the truth
214	and correctness of the claim in every material matter, that the
215	travel expenses were actually incurred by the traveler as
216	necessary in the performance of official duties, that per diem
217	claimed has been appropriately reduced for any meals or lodging
218	included in the convention or conference registration fees
219	claimed by the traveler, and that the voucher conforms in every
220	respect with the requirements of this section. The original copy
221	of the executed uniform travel authorization request form shall
222	be attached to the uniform travel voucher on file with the
223	respective agency.
224	2. Statements for travel expenses incidental to the
225	rendering of medical services for and on behalf of clients of
226	the Department of Health shall be on forms approved by the
227	Department of Financial ServicesBanking and Finance.
228	(13) DIRECT PAYMENT OF EXPENSES BY AGENCY.--Whenever an
229	agency requires an employee to incur either Class A or Class B
230	travel on emergency notice to the traveler, such traveler may
231	request the agency to pay his or her expenses for meals and
232	lodging directly to the vendor, and the agency may pay the
233	vendor the actual expenses for meals and lodging during the
234	travel period, limited to an amount not to exceed that
235	authorized pursuant to this section. In emergency situations,
236	the agency head or his or her designee may authorize an increase
237	in the amount paid for a specific meal, provided that the total
238	daily cost of meals does not exceed the total amount authorized
239	for meals each day. The agency head or his or her designee may
240	also grant prior approval for a state agency to make direct
241	payments of travel expenses in other situations that result in
242	cost savings to the state, and such cost savings shall be
243	documented in the voucher submitted to the Chief Financial
244	OfficerComptrollerfor the direct payment of travel expenses.
245	The provisions of this subsection shall not be deemed to apply
246	to any legislator or to any employee of the Legislature.
247	(14) TRAVEL REIMBURSEMENT RANGES AND ADJUSTMENTS.--
248	(a) For the 2002-2003 fiscal year, state travelers may
249	receive no more than the minimum amounts for per diem as
250	provided in subparagraph (6)(a)1., subsistence as provided in
251	paragraph (6)(b), and mileage as provided in subparagraph
252	(7)(d)1.
253	(b) On or before June 30, 2003, and annually thereafter,
254	the specific amount to be paid during the following fiscal year
255	to state travelers for per diem as provided in subparagraph
256	(6)(a)1., subsistence as provided in paragraph (6)(b), and
257	mileage as provided in subparagraph (7)(d)1 shall be established
258	as follows:.
259	1. The Attorney General shall establish amounts that apply
260	uniformly to all travel by the Department of Legal Affairs.
261	2. The Chief Financial Officer shall establish amounts
262	that apply uniformly to all travel by the Department of
263	Financial Services.
264	3. The Commissioner of Agriculture shall establish amounts
265	that apply uniformly to all travel by the Department of
266	Agriculture.
267	4. The Governor shall establish amounts that apply
268	uniformly to all travel by executive branch agencies, except as
269	otherwise provided in this paragraph.
270	5. The presiding officers of the Legislature shall
271	establish amounts that apply uniformly to all travel by
272	legislative branch agencies.
273	6. The Chief Justice of the Florida Supreme Court shall
274	establish amounts that apply uniformly to all travel by judicial
275	branch agencies.
276	(c) On June 1, 2005, and annually thereafter, the
277	Department of Financial Services shall adjust by rule the
278	amounts for per diem provided in subparagraph (6)(a)1., the
279	amounts for subsistence provided in paragraph (6)(b), and the
280	amounts for mileage provided in subparagraph (7)(d)1. to reflect
281	the percentage change in the Consumer Price Index for All Urban
282	Consumers, U.S. City Average since June 1, 2003. The annually
283	adjusted amounts shall be rounded downward to the nearest whole
284	dollar for per diem and to the nearest whole cent for
285	subsistence and shall be effective for the following fiscal
286	year.
287	(15) APPLICABILITY TO COUNTIES, COUNTY OFFICERS, AND
288	DISTRICT SCHOOL BOARDS.--
289	(a) Rates that exceed the maximum travel reimbursement
290	rates for nonstate travelers specified in s. 112.061(6)(a) for
291	per diem, in s. 112.061(6)(b) for meals, and in s.
292	112.061(7)(d)1. for mileage may be established by:
293	1. The governing body of a county by the enactment of an
294	ordinance or resolution;
295	2. A county constitutional officer, pursuant to s. 1.(d),
296	Art. VIII of the State Constitution, by the establishment of
297	written policy; or
298	3. The governing body of a district school board by the
299	adoption of rules.
300	(b) Rates established pursuant to paragraph (a) must apply
301	uniformly to all travel by the county, by the county
302	constitutional officer and entity governed by that officer, or
303	district school board.
304	(c) Except as otherwise provided in this subsection,
305	counties, county constitutional officers and entities governed
306	by those officers, and district school boards remain subject to
307	the requirements of this section.
308	Section 2. This act shall take effect June 1, 2003.
309