HB 1493 2003
1	CHAMBER ACTION
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6	The Committee on Local Government & Veterans' Affairs recommends
7	the following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to municipal per diem and travel expenses;
13	amending s. 166.021, F.S.; authorizing municipalities and
14	agencies of municipalities to provide for per diem and
15	travel expenses of officials, officers, employees, and
16	authorized persons, notwithstanding the provisions of s.
17	112.061, F.S.; providing for retroactive application;
18	providing an effective date.
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20	WHEREAS, the Municipal Home Rule Powers Act, chapter 166,
21	Florida Statutes, provides that the governing body of each
22	municipality has the power to enact legislation concerning any
23	subject matter upon which the Legislature may act, and
24	WHEREAS, the Florida Attorney General, in AGO 1974-18,
25	stated that municipalities, under the Municipal Home Rule Powers
26	Act, have the home rule powers to enact per diem and travel
27	allowances that vary from those specified in section 112.061,
28	Florida Statutes, and
29	WHEREAS, numerous municipalities in the state have relied
30	on the grant of home rule powers and AGO 1974-18 to enact
31	reasonable per diem and travel allowances as determined by the
32	governing bodies of the municipalities, and
33	WHEREAS, the Florida Attorney General, in AGO 2003-01, has
34	essentially reversed the opinion set forth in AGO 1974-18 and
35	has now stated that section 112.061, Florida Statutes, applies
36	to municipalities and controls the maximum rate of per diem and
37	other allowances paid to officers, employees, or others
38	authorized to act on behalf of municipalities, and
39	WHEREAS, AGO 2003-01 clearly violates the intent of the
40	Municipal Home Rule Powers Act and places municipalities that
41	have relied on AGO 1974-18 in the position of having to repeal
42	their policies on reasonable per diem and travel allowances in
43	order to comply with AGO 2003-01, NOW, THEREFORE,
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45	Be It Enacted by the Legislature of the State of Florida:
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47	Section 1. Subsection (10) is added to section 166.021,
48	Florida Statutes, to read:
49	166.021 Powers.--
50	(10) Notwithstanding the provisions for per diem and
51	travel expenses of public officers, employees, and authorized
52	persons set forth in s. 112.061, the governing body of a
53	municipality or an agency of a municipality may provide for per
54	diem and travel expenses of its officials, officers, employees,
55	and authorized persons as the governing body or the agency
56	determines is reasonable. Any policy on per diem and travel
57	expenses provided by a municipality or an agency of a
58	municipality on January 1, 2003, shall be valid and in effect
59	for that municipality or agency until otherwise amended. If the
60	governing body of a municipality or an agency of a municipality
61	does not provide for per diem and travel expenses, the
62	municipality or the agency shall adhere to the provisions of s.
63	112.061.
64	Section 2. This act shall take effect upon becoming a law
65	and shall apply retroactively to January 1, 2003.
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