Senate Bill sb1426er

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    2003 Legislature                 CS for SB 1426, 4th Engrossed



  1                                 

  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         providing that counties, county officers,

16         district school boards, and certain special

17         districts may increase specified rates;

18         providing effective dates.

19  

20         WHEREAS, the Municipal Home Rule Powers Act, chapter

21  166, Florida Statutes, provides that the governing body of

22  each municipality has the power to enact legislation

23  concerning any subject matter upon which the Legislature may

24  act, and

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

26  stated that municipalities, under the Municipal Home Rule

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

28  travel allowances that vary from those specified in section

29  112.061, Florida Statutes, and

30         WHEREAS, numerous municipalities in the state have

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


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    2003 Legislature                 CS for SB 1426, 4th Engrossed



 1  enact reasonable per diem and travel allowances as determined

 2  by the governing body of the municipality, and

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

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

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

 6  applies to municipalities and controls the maximum rate of per

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

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

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

10  Municipal Home Rule Powers Act, and places municipalities that

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

12  repeal their policies on reasonable per diem and travel

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

14  THEREFORE,

15  

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

17  

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

19  166.021, Florida Statutes, to read:

20         166.021  Powers.--

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

22         1.  "Authorized person" means a person:

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

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

25  authorized by a municipality or agency thereof to incur travel

26  expenses in the performance of official duties;

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

28  thereof to contribute time and services as consultant or

29  advisor; or

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

31  position with a municipality or agency thereof.


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    2003 Legislature                 CS for SB 1426, 4th Engrossed



 1         2.  "Employee" means an individual, whether

 2  commissioned or not, other than an officer or authorized

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

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

 5  municipality or agency thereof.

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

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

 8  with sovereign powers of government and who is either elected

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

10  jurisdiction extending throughout the municipality, or any

11  person lawfully serving instead of either of the foregoing two

12  classes of individuals as initial designee or successor.

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

14  authorized person, when performing travel authorized by a

15  municipality or agency thereof.

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

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

18  and travel expense policy for its travelers which varies from

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

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

21  valid and in effect for that municipality or agency thereof

22  until otherwise amended. A municipality or agency thereof that

23  provides any per diem and travel expense policy pursuant to

24  this subsection shall be deemed to be exempt from all

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

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

27  pursuant to this subsection remains subject to all provisions

28  of s. 112.061.

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

30  municipality or agency thereof which is exempted from the

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


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

 2  officer authorized to administer oaths, but any claim

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

 4  travel expense policy of a municipality or agency thereof must

 5  contain a statement that the expenses were actually incurred

 6  by the traveler as necessary travel expenses in the

 7  performance of official duties and shall be verified by a

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

 9  material matter; and any person who willfully makes and

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

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

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

13  advises the preparation or presentation of such a claim that

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

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

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

17  commits a misdemeanor of the second degree, punishable as

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

19  allowance or reimbursement by means of a false claim is

20  civilly liable in the amount of the overpayment for the

21  reimbursement of the public fund from which the claim was

22  paid.

23         Section 2.  Subsection (14) is added to section

24  112.061, Florida Statutes, to read:

25         (14)  APPLICABILITY TO COUNTIES, COUNTY OFFICERS,

26  DISTRICT SCHOOL BOARDS, AND SPECIAL DISTRICTS.--

27         (a)  Rates that exceed the maximum travel reimbursement

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

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

30  112.061(7)(d)1. for mileage may be established by:

31  


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    2003 Legislature                 CS for SB 1426, 4th Engrossed



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

 2  an ordinance or resolution;

 3         2.  A county constitutional officer, pursuant to

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

 5  establishment of written policy;

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

 7  the adoption of rules; or

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

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

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

11  resolution.

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

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

14  constitutional officer and entity governed by that officer,

15  district school board, or special district.

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

17  counties, county constitutional officers and entities governed

18  by those officers, district school boards, and special

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

20  subject to the requirements of this section.

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

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

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

24  January 1, 2003.

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