Senate Bill sb1426e2

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    CS for SB 1426                                Second Engrossed



  1                      A bill to be entitled

  2         An act relating to governmental 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; amending s. 112.061, F.S.;

15         establishing per diem and subsistence ranges

16         for travel expenses of public employees;

17         conforming provisions and deleting obsolete

18         provisions; specifying agency head

19         responsibilities to establish state traveler

20         rates; providing for future adjustments of such

21         rates; providing that counties, county

22         officers, district school boards, and certain

23         special districts may increase specified rates;

24         providing effective dates.

25  

26         WHEREAS, the Municipal Home Rule Powers Act, chapter

27  166, Florida Statutes, provides that the governing body of

28  each municipality has the power to enact legislation

29  concerning any subject matter upon which the Legislature may

30  act, and

31  


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    CS for SB 1426                                Second Engrossed



 1         WHEREAS, the Florida Attorney General, in AGO 1974-18,

 2  stated that municipalities, under the Municipal Home Rule

 3  Powers Act, have the home rule powers to enact per diem and

 4  travel allowances that vary from those specified in section

 5  112.061, Florida Statutes, and

 6         WHEREAS, numerous municipalities in the state have

 7  relied on the grant of home rule powers and AGO 1974-18 to

 8  enact reasonable per diem and travel allowances as determined

 9  by the governing body of the municipality, and

10         WHEREAS, the Florida Attorney General, in AGO 2003-01,

11  has essentially reversed the opinion set forth in AGO 1974-18

12  and has now stated that section 112.061, Florida Statutes,

13  applies to municipalities and controls the maximum rate of per

14  diem and other allowances paid to officers, employees, or

15  others authorized to act on behalf of the municipality, and

16         WHEREAS, AGO 2003-01 clearly violates the intent of the

17  Municipal Home Rule Powers Act, and places municipalities that

18  have relied on AGO 1974-18 into the position of having to

19  repeal their policies on reasonable per diem and travel

20  allowances in order to comply with AGO 2003-01, NOW,

21  THEREFORE,

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Subsection (10) is added to section

26  166.021, Florida Statutes, to read:

27         166.021  Powers.--

28         (10)(a)  As used in this subsection, the term:

29         1.  "Authorized person" means a person:

30         a.  Other than an officer or employee, as defined in

31  this paragraph, whether elected or commissioned or not, who is


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    CS for SB 1426                                Second Engrossed



 1  authorized by a municipality or agency thereof to incur travel

 2  expenses in the performance of official duties;

 3         b.  Who is called upon by a municipality or agency

 4  thereof to contribute time and services as consultant or

 5  advisor; or

 6         c.  Who is a candidate for an executive or professional

 7  position with a municipality or agency thereof.

 8         2.  "Employee" means an individual, whether

 9  commissioned or not, other than an officer or authorized

10  person as defined in this paragraph, who is filling a regular

11  or full-time authorized position and is responsible to a

12  municipality or agency thereof.

13         3.  "Officer" means an individual who, in the

14  performance of his or her official duties, is vested by law

15  with sovereign powers of government and who is either elected

16  by the people, or commissioned by the Governor and who has

17  jurisdiction extending throughout the municipality, or any

18  person lawfully serving instead of either of the foregoing two

19  classes of individuals as initial designee or successor.

20         4.  "Traveler" means an officer, employee, or

21  authorized person, when performing travel authorized by a

22  municipality or agency thereof.

23         (b)  Notwithstanding s. 112.061, the governing body of

24  a municipality or an agency thereof may provide for a per diem

25  and travel expense policy for its travelers which varies from

26  the provisions of s. 112.061. Any such policy provided by a

27  municipality or an agency thereof on January 1, 2003, shall be

28  valid and in effect for that municipality or agency thereof

29  until otherwise amended. A municipality or agency thereof that

30  provides any per diem and travel expense policy pursuant to

31  this subsection shall be deemed to be exempt from all


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    CS for SB 1426                                Second Engrossed



 1  provisions of s. 112.061. A municipality or agency thereof

 2  that does not provide a per diem and travel expense policy

 3  pursuant to this subsection remains subject to all provisions

 4  of s. 112.061.

 5         (c)  Travel claims submitted by a traveler in a

 6  municipality or agency thereof which is exempted from the

 7  provisions of s. 112.061, pursuant to paragraph (b), shall not

 8  be required to be sworn to before a notary public or other

 9  officer authorized to administer oaths, but any claim

10  authorized or required to be made under any per diem and

11  travel expense policy of a municipality or agency thereof must

12  contain a statement that the expenses were actually incurred

13  by the traveler as necessary travel expenses in the

14  performance of official duties and shall be verified by a

15  written declaration that it is true and correct as to every

16  material matter; and any person who willfully makes and

17  subscribes any such claim that he or she does not believe to

18  be true and correct as to every material matter, or who

19  willfully aids or assists in, or procures, counsels, or

20  advises the preparation or presentation of such a claim that

21  is fraudulent or is false as to any material matter, whether

22  or not such falsity or fraud is with the knowledge or consent

23  of the person authorized or required to present such claim,

24  commits a misdemeanor of the second degree, punishable as

25  provided in s. 775.082 or s. 775.083. Whoever receives an

26  allowance or reimbursement by means of a false claim is

27  civilly liable in the amount of the overpayment for the

28  reimbursement of the public fund from which the claim was

29  paid.

30         Section 2.  Section 112.061, Florida Statutes, is

31  amended to read:


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    CS for SB 1426                                Second Engrossed



 1         112.061  Per diem and travel expenses of public

 2  officers, employees, and authorized persons.--

 3         (1)  LEGISLATIVE INTENT.--There are inequities,

 4  conflicts, inconsistencies, and lapses in the numerous laws

 5  regulating or attempting to regulate travel expenses of public

 6  officers, employees, and authorized persons in the state.  It

 7  is the intent of the Legislature:

 8         (a)  To remedy same and to establish uniform travel

 9  reimbursement ranges for state agencies, maximum travel

10  reimbursement rates for nonstate public agencies, and

11  limitations for all public agencies, with certain justifiable

12  exceptions, applicable to all public travelers officers,

13  employees, and authorized persons whose travel expenses are

14  paid by a public agency.

15         (b)  To preserve the standardization and uniformity

16  established by this law:

17         1.  The provisions of this section shall prevail over

18  any conflicting provisions in a general law, present or

19  future, to the extent of the conflict; but if any such general

20  law contains a specific exemption from this section, including

21  a specific reference to this section, such general law shall

22  prevail, but only to the extent of the exemption.

23         2.  The provisions of any special or local law, present

24  or future, shall prevail over any conflicting provisions in

25  this section, but only to the extent of the conflict.

26         (2)  DEFINITIONS.--For the purposes of this section,

27  the following words shall have the meanings indicated:

28         (a)  Agency or public agency--Any office, department,

29  agency, division, subdivision, political subdivision, board,

30  bureau, commission, authority, district, public body, body

31  


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    CS for SB 1426                                Second Engrossed



 1  politic, county, city, town, village, municipality, or any

 2  other separate unit of government created pursuant to law.

 3         (b)  Agency head or head of the agency--The highest

 4  policymaking authority of a public agency, as herein defined.

 5         (c)  Officer or public officer--An individual who in

 6  the performance of his or her official duties is vested by law

 7  with sovereign powers of government and who is either elected

 8  by the people, or commissioned by the Governor and has

 9  jurisdiction extending throughout the state, or any person

10  lawfully serving instead of either of the foregoing two

11  classes of individuals as initial designee or successor.

12         (d)  Employee or public employee--An individual,

13  whether commissioned or not, other than an officer or

14  authorized person as defined herein, who is filling a regular

15  or full-time authorized position and is responsible to an

16  agency head.

17         (e)  Authorized person--

18         1.  A person other than a public officer or employee as

19  defined herein, whether elected or commissioned or not, who is

20  authorized by an agency head to incur travel expenses in the

21  performance of official duties.

22         2.  A person who is called upon by an agency to

23  contribute time and services as consultant or adviser.

24         3.  A person who is a candidate for an executive or

25  professional position.

26         (f)  Traveler--A public officer, public employee, or

27  authorized person, when performing authorized travel.

28         (g)  Travel expense, traveling expenses, necessary

29  expenses while traveling, actual expenses while traveling, or

30  words of similar nature--The usual ordinary and incidental

31  expenditures necessarily incurred by a traveler.


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    CS for SB 1426                                Second Engrossed



 1         (h)  Common carrier--Train, bus, commercial airline

 2  operating scheduled flights, or rental cars of an established

 3  rental car firm.

 4         (i)  Travel day--A period of 24 hours consisting of

 5  four quarters of 6 hours each.

 6         (j)  Travel period--A period of time between the time

 7  of departure and time of return.

 8         (k)  Class A travel--Continuous travel of 24 hours or

 9  more away from official headquarters.

10         (l)  Class B travel--Continuous travel of less than 24

11  hours which involves overnight absence from official

12  headquarters.

13         (m)  Class C travel--Travel for short or day trips

14  where the traveler is not away from his or her official

15  headquarters overnight.

16         (n)  Foreign travel--Travel outside the United States.

17         (3)  AUTHORITY TO INCUR TRAVEL EXPENSES.--

18         (a)  All travel must be authorized and approved by the

19  head of the agency, or his or her designated representative,

20  from whose funds the traveler is paid.  The head of the agency

21  shall not authorize or approve such a request unless it is

22  accompanied by a signed statement by the traveler's supervisor

23  stating that such travel is on the official business of the

24  state and also stating the purpose of such travel.

25         (b)  Travel expenses of travelers shall be limited to

26  those expenses necessarily incurred by them in the performance

27  of a public purpose authorized by law to be performed by the

28  agency and must be within the limitations prescribed by this

29  section.

30         (c)  Travel by public officers or employees serving

31  temporarily in behalf of another agency or partly in behalf of


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    CS for SB 1426                                Second Engrossed



 1  more than one agency at the same time, or authorized persons

 2  who are called upon to contribute time and services as

 3  consultants or advisers, may be authorized by the agency head.

 4  Complete explanation and justification must be shown on the

 5  travel expense voucher or attached thereto.

 6         (d)  Travel expenses of public employees for the sole

 7  purpose of taking merit system or other job placement

 8  examinations, written or oral, shall not be allowed under any

 9  circumstances, except that upon prior written approval of the

10  agency head or his or her designee, candidates for executive

11  or professional positions may be allowed travel expenses

12  pursuant to this section.

13         (e)  The agency head, or a designated representative,

14  may pay by advancement or reimbursement, or a combination

15  thereof, the costs of per diem of travelers and authorized

16  persons for foreign travel at the current rates as specified

17  in the federal publication "Standardized Regulations

18  (Government Civilians, Foreign Areas)" and incidental expenses

19  as provided in this section.

20         (f)  A traveler who becomes sick or injured while away

21  from his or her official headquarters and is therefore unable

22  to perform the official business of the agency may continue to

23  receive subsistence as provided in subsection (6) during this

24  period of illness or injury until such time as he or she is

25  able to perform the official business of the agency or returns

26  to his or her official headquarters, whichever is earlier.

27  Such subsistence may be paid when approved by the agency head

28  or his or her designee.

29         (g)  The secretary of the Department of Health or a

30  designee may authorize travel expenses incidental to the

31  rendering of medical services for and on behalf of clients of


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    CS for SB 1426                                Second Engrossed



 1  the Department of Health.  The Department of Health may

 2  establish rates lower than the range maximum provided in this

 3  section for these travel expenses.

 4         (4)  OFFICIAL HEADQUARTERS.--The official headquarters

 5  of an officer or employee assigned to an office shall be the

 6  city or town in which the office is located except that:

 7         (a)  The official headquarters of a person located in

 8  the field shall be the city or town nearest to the area where

 9  the majority of the person's work is performed, or such other

10  city, town, or area as may be designated by the agency head

11  provided that in all cases such designation must be in the

12  best interests of the agency and not for the convenience of

13  the person.

14         (b)  When any state employee is stationed in any city

15  or town for a period of over 30 continuous workdays, such city

16  or town shall be deemed to be the employee's official

17  headquarters, and he or she shall not be allowed per diem or

18  subsistence, as provided in this section, after the said

19  period of 30 continuous workdays has elapsed, unless this

20  period of time is extended by the express approval of the

21  agency head or his or her designee.

22         (c)  A traveler may leave his or her assigned post to

23  return home overnight, over a weekend, or during a holiday,

24  but any time lost from regular duties shall be taken as annual

25  leave and authorized in the usual manner.  The traveler shall

26  not be reimbursed for travel expenses in excess of the

27  established rate for per diem allowable had he or she remained

28  at his or her assigned post.  However, when a traveler has

29  been temporarily assigned away from his or her official

30  headquarters for an approved period extending beyond 30 days,

31  he or she shall be entitled to reimbursement for travel


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    CS for SB 1426                                Second Engrossed



 1  expenses at the established rate of one round trip for each

 2  30-day period actually taken to his or her home in addition to

 3  pay and allowances otherwise provided.

 4         (5)  COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For

 5  purposes of reimbursement and methods of calculating

 6  fractional days of travel, the following principles are

 7  prescribed:

 8         (a)  The travel day for Class A travel shall be a

 9  calendar day (midnight to midnight).  The travel day for Class

10  B travel shall begin at the same time as the travel period.

11  For Class A and Class B travel, the traveler shall be

12  reimbursed one-fourth of the authorized rate of per diem for

13  each quarter, or fraction thereof, of the travel day included

14  within the travel period.  Class A and Class B travel shall

15  include any assignment on official business outside of regular

16  office hours and away from regular places of employment when

17  it is considered reasonable and necessary to stay overnight

18  and for which travel expenses are approved.

19         (b)  A traveler shall not be reimbursed on a per diem

20  basis for Class C travel, but shall receive subsistence as

21  provided in this section, which allowance for meals shall be

22  based on the following schedule:

23         1.  Breakfast--When travel begins before 6 a.m. and

24  extends beyond 8 a.m.

25         2.  Lunch--When travel begins before 12 noon and

26  extends beyond 2 p.m.

27         3.  Dinner--When travel begins before 6 p.m. and

28  extends beyond 8 p.m., or when travel occurs during nighttime

29  hours due to special assignment.

30  

31  


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    CS for SB 1426                                Second Engrossed



 1  No allowance shall be made for meals when travel is confined

 2  to the city or town of the official headquarters or immediate

 3  vicinity; except assignments of official business outside the

 4  traveler's regular place of employment if travel expenses are

 5  approved.  The Chief Financial Officer Comptroller shall

 6  establish a schedule for processing Class C travel subsistence

 7  payments at least on a monthly basis.

 8         (c)  For the 2002-2003 fiscal year only and

 9  notwithstanding the other provisions of this subsection, for

10  Class C travel, a state traveler shall not be reimbursed on a

11  per diem basis nor shall a traveler receive subsistence

12  allowance.  This paragraph expires July 1, 2003.

13         (6)  RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For

14  purposes of reimbursement rates and methods of calculation,

15  per diem and subsistence allowances are divided into the

16  following groups and rates:

17         (a)  All travelers shall be allowed for subsistence

18  when traveling to a convention or conference or when traveling

19  within or outside the state in order to conduct bona fide

20  state business, which convention, conference, or business

21  serves a direct and lawful public purpose with relation to the

22  public agency served by the person attending such meeting or

23  conducting such business, either of the following for each day

24  of such travel at the option of the traveler:

25         1.  Between $50 and $94 Fifty dollars per diem for

26  state travelers, or up to $94 per diem for nonstate travelers;

27  or

28         2.  If actual expenses exceed $50, the amounts

29  permitted in paragraphs (a) and paragraph (b) for per diem and

30  meals, plus actual expenses for lodging at a single-occupancy

31  rate to be substantiated by paid bills therefor.


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    CS for SB 1426                                Second Engrossed



 1  

 2  When lodging or meals are provided at a state institution, the

 3  traveler shall be reimbursed only for the actual expenses of

 4  such lodging or meals, not to exceed the maximum provided for

 5  in this subsection.

 6         (b)  All travelers shall be allowed the following

 7  amounts for subsistence while on Class C travel on official

 8  business as provided in paragraph (5)(b):

 9         1.  Breakfast....State travelers are allowed between $3

10  and $5 and nonstate travelers up to $5

11         2.  Lunch....State travelers are allowed between $6 and

12  $11 and nonstate travelers up to $11

13         3.  Dinner..State travelers are allowed between $12 and

14  $22 and nonstate travelers up to $22

15         (c)  No one, whether traveling out of state or in

16  state, shall be reimbursed for any meal or lodging included in

17  a convention or conference registration fee paid by the state.

18         (d)  For the 2002-2003 fiscal year only and

19  notwithstanding the other provisions of this subsection, for

20  Class C travel, a state traveler shall not be reimbursed on a

21  per diem basis nor shall a traveler receive subsistence

22  allowance.  This paragraph expires July 1, 2003.

23         (7)  TRANSPORTATION.--

24         (a)  All travel must be by a usually traveled route.

25  In case a person travels by an indirect route for his or her

26  own convenience, any extra costs shall be borne by the

27  traveler; and reimbursement for expenses shall be based only

28  on such charges as would have been incurred by a usually

29  traveled route. The agency head or his or her designee shall

30  designate the most economical method of travel for each trip,

31  keeping in mind the following conditions:


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    CS for SB 1426                                Second Engrossed



 1         1.  The nature of the business.

 2         2.  The most efficient and economical means of travel

 3  (considering time of the traveler, impact on the productivity

 4  of the traveler, cost of transportation, and per diem or

 5  subsistence required). When it is more efficient and

 6  economical to either the traveler or the agency head, jet

 7  service offered by any airline, whether on state contract or

 8  not, may be used when the cost is within an approved threshold

 9  determined by the agency head or his or her designee.

10         3.  The number of persons making the trip and the

11  amount of equipment or material to be transported.

12         (b)  The Department of Financial Services Banking and

13  Finance may provide any form it deems necessary to cover

14  travel requests for traveling on official business and when

15  paid by the state.

16         (c)  Transportation by common carrier when traveling on

17  official business and paid for personally by the traveler,

18  shall be substantiated by a receipt therefor.  Federal tax

19  shall not be reimbursable to the traveler unless the state and

20  other public agencies are also required by federal law to pay

21  such tax.  In the event transportation other than the most

22  economical class as approved by the agency head is provided by

23  a common carrier on a flight check or credit card, the charges

24  in excess of the most economical class shall be refunded by

25  the traveler to the agency charged with the transportation

26  provided in this manner.

27         (d)1.  The use of privately owned vehicles for official

28  travel in lieu of publicly owned vehicles or common carriers

29  may be authorized by the agency head or his or her designee.

30  Whenever travel is by privately owned vehicle:, the

31  


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    CS for SB 1426                                Second Engrossed



 1         a.  A state traveler shall be entitled to a mileage

 2  allowance at a fixed rate of 29 to 37 25 cents per mile; for

 3  state fiscal year 1994-1995 and 29

 4         b.  A nonstate traveler shall be entitled to a mileage

 5  allowance up to 37 cents per mile; or

 6         c.  The traveler shall be entitled to thereafter or the

 7  common carrier fare for such travel, as determined by the

 8  agency head.

 9         2.  Reimbursement for expenditures related to the

10  operation, maintenance, and ownership of a vehicle shall not

11  be allowed when privately owned vehicles are used on public

12  business and reimbursement is made pursuant to this paragraph,

13  except as provided in subsection (8).

14         3.2.  All mileage shall be shown from point of origin

15  to point of destination and, when possible, shall be computed

16  on the basis of the current map of the Department of

17  Transportation. Vicinity mileage necessary for the conduct of

18  official business is allowable but must be shown as a separate

19  item on the expense voucher.

20         (e)  Transportation by chartered vehicles when

21  traveling on official business may be authorized by the agency

22  head when necessary or where it is to the advantage of the

23  agency, provided the cost of such transportation does not

24  exceed the cost of transportation by privately owned vehicle

25  pursuant to paragraph (d).

26         (f)  The agency head or his or her designee may grant

27  monthly allowances in fixed amounts for use of privately owned

28  automobiles on official business in lieu of the mileage rate

29  provided in paragraph (d).  Allowances granted pursuant to

30  this paragraph shall be reasonable, taking into account the

31  customary use of the automobile, the roads customarily


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    CS for SB 1426                                Second Engrossed



 1  traveled, and whether any of the expenses incident to the

 2  operation, maintenance, and ownership of the automobile are

 3  paid from funds of the agency or other public funds.  Such

 4  allowance may be changed at any time, and shall be made on the

 5  basis of a signed statement of the traveler, filed before the

 6  allowance is granted or changed, and at least annually

 7  thereafter. The statement shall show the places and distances

 8  for an average typical month's travel on official business,

 9  and the amount that would be allowed under the approved rate

10  per mile for the travel shown in the statement, if payment had

11  been made pursuant to paragraph (d).

12         (g)  No contract may be entered into between a public

13  officer or employee, or any other person, and a public agency,

14  in which a depreciation allowance is used in computing the

15  amount due by the agency to the individual for the use of a

16  privately owned vehicle on official business; provided, any

17  such existing contract shall not be impaired.

18         (h)  No traveler shall be allowed either mileage or

19  transportation expense when gratuitously transported by

20  another person or when transported by another traveler who is

21  entitled to mileage or transportation expense. However, a

22  traveler on a private aircraft shall be reimbursed the actual

23  amount charged and paid for the fare for such transportation

24  up to the cost of a commercial airline ticket for the same

25  flight, even though the owner or pilot of such aircraft is

26  also entitled to transportation expense for the same flight

27  under this subsection.

28         (8)  OTHER EXPENSES.--

29         (a)  The following incidental travel expenses of the

30  traveler may be reimbursed:

31         1.  Taxi fare.


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    CS for SB 1426                                Second Engrossed



 1         2.  Ferry fares; and bridge, road, and tunnel tolls.

 2         3.  Storage or parking fees.

 3         4.  Communication expense.

 4         5.  Convention registration fee while attending a

 5  convention or conference which will serve a direct public

 6  purpose with relation to the public agency served by the

 7  person attending such meetings.  A traveler may be reimbursed

 8  the actual and necessary fees for attending events which are

 9  not included in a basic registration fee that directly enhance

10  the public purpose of the participation of the agency in the

11  conference.  Such expenses may include, but not be limited to,

12  banquets and other meal functions.  It shall be the

13  responsibility of the traveler to substantiate that the

14  charges were proper and necessary.  However, any meals or

15  lodging included in the registration fee will be deducted in

16  accordance with the allowances provided in subsection (6).

17         (b)  Other expenses which are not specifically

18  authorized by this section may be approved by the Department

19  of Financial Services Banking and Finance pursuant to rules

20  adopted by it.  Expenses approved pursuant to this paragraph

21  shall be reported by the Department of Financial Services

22  Banking and Finance to the Auditor General annually.

23         (9)  RULES AND REGULATIONS.--

24         (a)  The Department of Financial Services Banking and

25  Finance shall adopt promulgate such rules and regulations,

26  including, but not limited to, the general criteria to be used

27  by a state agency to predetermine justification for attendance

28  by state officers, and employees, and authorized persons at

29  conventions and conferences, and prescribe such forms as may

30  be necessary to effectuate the purposes of this section.  The

31  department may also adopt rules prescribing the proper


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    CS for SB 1426                                Second Engrossed



 1  disposition and use of promotional items and rebates offered

 2  by common carriers and other entities in connection with

 3  travel at public expense; however, before adopting such rules,

 4  the department shall consult with the appropriation committees

 5  of the Legislature.

 6         (b)  Each state agency shall promulgate such additional

 7  specific rules and regulations and specific criteria to be

 8  used by it to predetermine justification for attendance by

 9  state officers and employees and authorized persons at

10  conventions and conferences, not in conflict with the rules

11  and regulations of the Department of Financial Services

12  Banking and Finance or with the general criteria to be used by

13  a state agency to predetermine justification for attendance by

14  state officers, and employees, and authorized persons at

15  conventions, as may be necessary to effectuate the purposes of

16  this section.

17         (10)  FRAUDULENT CLAIMS.--Claims submitted pursuant to

18  this section shall not be required to be sworn to before a

19  notary public or other officer authorized to administer oaths,

20  but any claim authorized or required to be made under any

21  provision of this section shall contain a statement that the

22  expenses were actually incurred by the traveler as necessary

23  travel expenses in the performance of official duties and

24  shall be verified by a written declaration that it is true and

25  correct as to every material matter; and any person who

26  willfully makes and subscribes any such claim which he or she

27  does not believe to be true and correct as to every material

28  matter, or who willfully aids or assists in, or procures,

29  counsels, or advises the preparation or presentation under the

30  provisions of this section of a claim which is fraudulent or

31  is false as to any material matter, whether or not such


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    CS for SB 1426                                Second Engrossed



 1  falsity or fraud is with the knowledge or consent of the

 2  person authorized or required to present such claim, is guilty

 3  of a misdemeanor of the second degree, punishable as provided

 4  in s. 775.082 or s. 775.083. Whoever shall receive an

 5  allowance or reimbursement by means of a false claim shall be

 6  civilly liable in the amount of the overpayment for the

 7  reimbursement of the public fund from which the claim was

 8  paid.

 9         (11)  TRAVEL AUTHORIZATION AND VOUCHER FORMS.--

10         (a)  Authorization forms.--The Department of Financial

11  Services Banking and Finance shall furnish a uniform travel

12  authorization request form which shall be used by all state

13  officers and employees and authorized persons when requesting

14  approval for the performance of travel to a convention or

15  conference.  The form shall include, but not be limited to,

16  provision for the name of each traveler, purpose of travel,

17  period of travel, estimated cost to the state, and a statement

18  of benefits accruing to the state by virtue of such travel.  A

19  copy of the program or agenda of the convention or conference,

20  itemizing registration fees and any meals or lodging included

21  in the registration fee, shall be attached to, and filed with,

22  the copy of the travel authorization request form on file with

23  the agency.  The form shall be signed by the traveler and by

24  the traveler's supervisor stating that the travel is to be

25  incurred in connection with official business of the state.

26  The head of the agency or his or her designated representative

27  shall not authorize or approve such request in the absence of

28  the appropriate signatures. A copy of the travel authorization

29  form shall be attached to, and become a part of, the support

30  of the agency's copy of the travel voucher.

31         (b)  Voucher forms.--


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    CS for SB 1426                                Second Engrossed



 1         1.  The Department of Financial Services Banking and

 2  Finance shall furnish a uniform travel voucher form which

 3  shall be used by all state officers and employees and

 4  authorized persons when submitting travel expense statements

 5  for approval and payment.  No travel expense statement shall

 6  be approved for payment by the Chief Financial Officer

 7  Comptroller unless made on the form prescribed and furnished

 8  by the department. The travel voucher form shall provide for,

 9  among other things, the purpose of the official travel and a

10  certification or affirmation, to be signed by the traveler,

11  indicating the truth and correctness of the claim in every

12  material matter, that the travel expenses were actually

13  incurred by the traveler as necessary in the performance of

14  official duties, that per diem claimed has been appropriately

15  reduced for any meals or lodging included in the convention or

16  conference registration fees claimed by the traveler, and that

17  the voucher conforms in every respect with the requirements of

18  this section.  The original copy of the executed uniform

19  travel authorization request form shall be attached to the

20  uniform travel voucher on file with the respective agency.

21         2.  Statements for travel expenses incidental to the

22  rendering of medical services for and on behalf of clients of

23  the Department of Health shall be on forms approved by the

24  Financial Services Department of Banking and Finance.

25         (12)  ADVANCEMENTS.--Notwithstanding any of the

26  foregoing restrictions and limitations, an agency head or his

27  or her designee may make, or authorize the making of, advances

28  to cover anticipated costs of travel to travelers.  Such

29  advancements may include the costs of subsistence and travel

30  of any person transported in the care or custody of the

31  traveler in the performance of his or her duties.


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    CS for SB 1426                                Second Engrossed



 1         (13)  DIRECT PAYMENT OF EXPENSES BY AGENCY.--Whenever

 2  an agency requires an employee to incur either Class A or

 3  Class B travel on emergency notice to the traveler, such

 4  traveler may request the agency to pay his or her expenses for

 5  meals and lodging directly to the vendor, and the agency may

 6  pay the vendor the actual expenses for meals and lodging

 7  during the travel period, limited to an amount not to exceed

 8  that authorized pursuant to this section. In emergency

 9  situations, the agency head or his or her designee may

10  authorize an increase in the amount paid for a specific meal,

11  provided that the total daily cost of meals does not exceed

12  the total amount authorized for meals each day.  The agency

13  head or his or her designee may also grant prior approval for

14  a state agency to make direct payments of travel expenses in

15  other situations that result in cost savings to the state, and

16  such cost savings shall be documented in the voucher submitted

17  to the Chief Financial Officer Comptroller for the direct

18  payment of travel expenses.  The provisions of this subsection

19  shall not be deemed to apply to any legislator or to any

20  employee of the Legislature.

21         (14)  TRAVEL REIMBURSEMENT RANGES AND ADJUSTMENTS.--

22         (a)  For the 2002-2003 fiscal year, state travelers may

23  receive no more than the minimum amounts for per diem as

24  provided in subparagraph (6)(a)1., subsistence as provided in

25  paragraph 6(b), and mileage as provided in subparagraph

26  (7)(d)1.

27         (b)  On or before June 30, 2003, and annually

28  thereafter, the specific amounts to be paid, selected from the

29  ranges specified in this section, during the following fiscal

30  year to state travelers for per diem as provided in

31  subparagraph (6)(a)1., subsistence as provided in paragraph


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    CS for SB 1426                                Second Engrossed



 1  (6)(b), and mileage as provided in subparagraph (7)(d)1.,

 2  shall be established as follows:

 3         1.  The Attorney General shall establish amounts that

 4  apply uniformly to all travel by the Department of Legal

 5  Affairs;

 6         2.  The Chief Financial Officer shall establish amounts

 7  that apply uniformly to all travel by the Department of

 8  Financial Services;

 9         3.  The Commissioner of Agriculture shall establish

10  amounts that apply uniformly to all travel by the Department

11  of Agriculture;

12         4.  The Governor shall establish amounts that apply

13  uniformly to all travel by executive branch agencies, except

14  as otherwise provided in this paragraph;

15         5.  The presiding officers of the Legislature shall

16  establish amounts that apply uniformly to all travel by

17  legislative branch agencies; and

18         6.  The Chief Justice of the State Supreme Court shall

19  establish amounts that apply uniformly to all travel by

20  judicial branch agencies.

21         (c)  On June 1, 2005, and annually thereafter, the

22  Department of Financial Services shall, by rule, adjust the

23  amounts for per diem provided in subparagraph (6)(a)1., the

24  amounts for subsistence provided in paragraph (6)(b), and the

25  amounts for mileage provided in subparagraph (7)(d)1. to

26  reflect the percentage change in the Consumer Price Index for

27  All Urban Consumers, U.S. City Average since June 1, 2003. The

28  annually adjusted amounts shall be rounded downward to the

29  nearest whole dollar for per diem and subsistence and to the

30  nearest whole cent for mileage, and shall be effective for the

31  following fiscal year.


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    CS for SB 1426                                Second Engrossed



 1         (15)  APPLICABILITY TO COUNTIES, COUNTY OFFICERS,

 2  DISTRICT SCHOOL BOARDS, AND SPECIAL DISTRICTS.--

 3         (a)  Rates that exceed the maximum travel reimbursement

 4  rates for nonstate travelers specified in s. 112.061(6)(a) for

 5  per diem, in s. 112.061(6)(b) for subsistence, and in s.

 6  112.061(7)(d)1. for mileage may be established by:

 7         1.  The governing body of a county by the enactment of

 8  an ordinance or resolution;

 9         2.  A county constitutional officer, pursuant to

10  Article VIII, s.1.(d) of the State Constitution, by the

11  establishment of written policy;

12         3.  The governing body of a district school board by

13  the adoption of rules; or

14         4.  The governing body of a special district, as

15  defined in s. 189.403(1), except those special districts that

16  are subject to s. 166.021(10), by the enactment of a

17  resolution.

18         (b)  Rates established pursuant to paragraph (15)(a)

19  must apply uniformly to all travel by the county, county

20  constitutional officer and entity governed by that officer,

21  district school board, or special district.

22         (c)  Except as otherwise provided in this subsection,

23  counties, county constitutional officers and entities governed

24  by those officers, district school boards, and special

25  districts, other than those subject to s. 166.021(10), remain

26  subject to the requirements of this section.

27         Section 3.  This act shall take effect upon becoming a

28  law and section 166.021(10)(a) and (b), Florida Statutes, as

29  created in section 1, of this act shall apply retroactively to

30  January 1, 2003.

31  


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