Senate Bill sb1426c1
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Florida Senate - 2003 CS for SB 1426
By the Committee on Governmental Oversight and Productivity;
and Senators Posey and Dawson
302-2279-03
1 A bill to be entitled
2 An act relating to municipal per diem and
3 travel expenses; amending s. 166.021, F.S.;
4 providing definitions; authorizing
5 municipalities and agencies thereof to adopt
6 per diem and travel expense policies for
7 travelers, notwithstanding s. 112.061, F.S.;
8 providing for retroactive application;
9 providing for applicability of s. 112.061,
10 F.S., if per diem and travel expense policies
11 are or are not adopted; providing for offenses
12 related to false or fraudulent travel claims;
13 providing misdemeanor penalties; providing for
14 civil liability; providing effective dates.
15
16 WHEREAS, the Municipal Home Rule Powers Act, chapter
17 166, Florida Statutes, provides that the governing body of
18 each municipality has the power to enact legislation
19 concerning any subject matter upon which the Legislature may
20 act, and
21 WHEREAS, the Florida Attorney General, in AGO 1974-18,
22 stated that municipalities, under the Municipal Home Rule
23 Powers Act, have the home rule powers to enact per diem and
24 travel allowances that vary from those specified in section
25 112.061, Florida Statutes, and
26 WHEREAS, numerous municipalities in the state have
27 relied on the grant of home rule powers and AGO 1974-18 to
28 enact reasonable per diem and travel allowances as determined
29 by the governing body of the municipality, and
30 WHEREAS, the Florida Attorney General, in AGO 2003-01,
31 has essentially reversed the opinion set forth in AGO 1974-18
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Florida Senate - 2003 CS for SB 1426
302-2279-03
1 and has now stated that section 112.061, Florida Statutes,
2 applies to municipalities and controls the maximum rate of per
3 diem and other allowances paid to officers, employees, or
4 others authorized to act on behalf of the municipality, and
5 WHEREAS, AGO 2003-01 clearly violates the intent of the
6 Municipal Home Rule Powers Act, and places municipalities that
7 have relied on AGO 1974-18 into the position of having to
8 repeal their policies on reasonable per diem and travel
9 allowances in order to comply with AGO 2003-01, NOW,
10 THEREFORE,
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsection (10) is added to section
15 166.021, Florida Statutes, to read:
16 166.021 Powers.--
17 (10)(a) As used in this subsection, the term:
18 1. "Authorized person" means a person:
19 a. Other than an officer or employee, as defined in
20 this paragraph, whether elected or commissioned or not, who is
21 authorized by a municipality or agency thereof to incur travel
22 expenses in the performance of official duties;
23 b. Who is called upon by a municipality or agency
24 thereof to contribute time and services as consultant or
25 advisor; or
26 c. Who is a candidate for an executive or professional
27 position with a municipality or agency thereof.
28 2. "Employee" means an individual, whether
29 commissioned or not, other than an officer or authorized
30 person as defined in this paragraph, who is filling a regular
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Florida Senate - 2003 CS for SB 1426
302-2279-03
1 or full-time authorized position and is responsible to a
2 municipality or agency thereof.
3 3. "Officer" means an individual who, in the
4 performance of his or her official duties, is vested by law
5 with sovereign powers of government and who is either elected
6 by the people, or commissioned by the Governor and who has
7 jurisdiction extending throughout the municipality, or any
8 person lawfully serving instead of either of the foregoing two
9 classes of individuals as initial designee or successor.
10 4. "Traveler" means an officer, employee, or
11 authorized person, when performing travel authorized by a
12 municipality or agency thereof.
13 (b) Notwithstanding s. 112.061, the governing body of
14 a municipality or an agency thereof may provide for a per diem
15 and travel expense policy for its travelers which varies from
16 the provisions of s. 112.061. Any such policy provided by a
17 municipality or an agency thereof on January 1, 2003, shall be
18 valid and in effect for that municipality or agency thereof
19 until otherwise amended. A municipality or agency thereof that
20 provides any per diem and travel expense policy pursuant to
21 this subsection shall be deemed to be exempt from all
22 provisions of s. 112.061. A municipality or agency thereof
23 that does not provide a per diem and travel expense policy
24 pursuant to this subsection remains subject to all provisions
25 of s. 112.061.
26 (c) Travel claims submitted by a traveler in a
27 municipality or agency thereof which is exempted from the
28 provisions of s. 112.061, pursuant to paragraph (b), shall not
29 be required to be sworn to before a notary public or other
30 officer authorized to administer oaths, but any claim
31 authorized or required to be made under any per diem and
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Florida Senate - 2003 CS for SB 1426
302-2279-03
1 travel expense policy of a municipality or agency thereof must
2 contain a statement that the expenses were actually incurred
3 by the traveler as necessary travel expenses in the
4 performance of official duties and shall be verified by a
5 written declaration that it is true and correct as to every
6 material matter; and any person who willfully makes and
7 subscribes any such claim that he or she does not believe to
8 be true and correct as to every material matter, or who
9 willfully aids or assists in, or procures, counsels, or
10 advises the preparation or presentation of such a claim that
11 is fraudulent or is false as to any material matter, whether
12 or not such falsity or fraud is with the knowledge or consent
13 of the person authorized or required to present such claim,
14 commits a misdemeanor of the second degree, punishable as
15 provided in s. 775.082 or s. 775.083. Whoever receives an
16 allowance or reimbursement by means of a false claim is
17 civilly liable in the amount of the overpayment for the
18 reimbursement of the public fund from which the claim was
19 paid.
20 Section 2. This act shall take effect upon becoming a
21 law and section 166.021(10)(a) and (b), Florida Statutes, as
22 created in section 1, of this act shall apply retroactively to
23 January 1, 2003.
24
25 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
26 Senate Bill 1426
27
28 Provides definitions. Specifies that a municipality or agency
thereof that provides a per diem and travel expense policy is
29 exempt from s. 112.061, F.S. Provides that s. 112.061, F.S.,
remains applicable if no policy provided. Provides for
30 fraudulent travel claim misdemeanor offenses.
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