Senate Bill sb2672e1

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    CS for SB 2672                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to per diem and travel

  3         expenses; amending s. 112.061, F.S.;

  4         establishing per diem and subsistence ranges

  5         for travel expenses of public employees;

  6         conforming provisions and deleting obsolete

  7         provisions; specifying agency head

  8         responsibilities to establish state traveler

  9         rates; providing for future adjustments of such

10         rates; providing that counties, county

11         officers, and district school boards may

12         increase specified rates; providing an

13         effective date.

14  

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

16  

17         Section 1.  Section 112.061, Florida Statutes, is

18  amended to read:

19         112.061  Per diem and travel expenses of public

20  officers, employees, and authorized persons.--

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

22  conflicts, inconsistencies, and lapses in the numerous laws

23  regulating or attempting to regulate travel expenses of public

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

25  is the intent of the Legislature:

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

27  reimbursement ranges for state agencies, maximum travel

28  reimbursement rates for nonstate public agencies, and

29  limitations for all public agencies, with certain justifiable

30  exceptions, applicable to all public travelers officers,

31  


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    CS for SB 2672                                 First Engrossed



 1  employees, and authorized persons whose travel expenses are

 2  paid by a public agency.

 3         (b)  To preserve the standardization and uniformity

 4  established by this law:

 5         1.  The provisions of this section shall prevail over

 6  any conflicting provisions in a general law, present or

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

 8  law contains a specific exemption from this section, including

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

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

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

12  or future, shall prevail over any conflicting provisions in

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

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

15  the following words shall have the meanings indicated:

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

17  agency, division, subdivision, political subdivision, board,

18  bureau, commission, authority, district, public body, body

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

20  other separate unit of government created pursuant to law.

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

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

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

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

25  with sovereign powers of government and who is either elected

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

27  jurisdiction extending throughout the state, or any person

28  lawfully serving instead of either of the foregoing two

29  classes of individuals as initial designee or successor.

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

31  whether commissioned or not, other than an officer or


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    CS for SB 2672                                 First Engrossed



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

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

 3  agency head.

 4         (e)  Authorized person--

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

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

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

 8  performance of official duties.

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

10  contribute time and services as consultant or adviser.

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

12  professional position.

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

14  authorized person, when performing authorized travel.

15         (g)  Travel expense, traveling expenses, necessary

16  expenses while traveling, actual expenses while traveling, or

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

18  expenditures necessarily incurred by a traveler.

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

20  operating scheduled flights, or rental cars of an established

21  rental car firm.

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

23  four quarters of 6 hours each.

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

25  of departure and time of return.

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

27  more away from official headquarters.

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

29  hours which involves overnight absence from official

30  headquarters.

31  


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    CS for SB 2672                                 First Engrossed



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

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

 3  headquarters overnight.

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

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

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

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

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

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

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

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

12  state and also stating the purpose of such travel.

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

14  those expenses necessarily incurred by them in the performance

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

16  agency and must be within the limitations prescribed by this

17  section.

18         (c)  Travel by public officers or employees serving

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

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

21  who are called upon to contribute time and services as

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

23  Complete explanation and justification must be shown on the

24  travel expense voucher or attached thereto.

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

26  purpose of taking merit system or other job placement

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

28  circumstances, except that upon prior written approval of the

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

30  or professional positions may be allowed travel expenses

31  pursuant to this section.


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    CS for SB 2672                                 First Engrossed



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

 2  may pay by advancement or reimbursement, or a combination

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

 4  persons for foreign travel at the current rates as specified

 5  in the federal publication "Standardized Regulations

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

 7  as provided in this section.

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

 9  from his or her official headquarters and is therefore unable

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

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

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

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

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

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

16  or his or her designee.

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

18  designee may authorize travel expenses incidental to the

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

20  the Department of Health.  The Department of Health may

21  establish rates lower than the range maximum provided in this

22  section for these travel expenses.

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

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

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

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

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

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

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

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

31  


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    CS for SB 2672                                 First Engrossed



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

 2  the person.

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

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

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

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

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

 8  period of 30 continuous workdays has elapsed, unless this

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

10  agency head or his or her designee.

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

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

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

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

15  not be reimbursed for travel expenses in excess of the

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

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

18  been temporarily assigned away from his or her official

19  headquarters for an approved period extending beyond 30 days,

20  he or she shall be entitled to reimbursement for travel

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

22  30-day period actually taken to his or her home in addition to

23  pay and allowances otherwise provided.

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

25  purposes of reimbursement and methods of calculating

26  fractional days of travel, the following principles are

27  prescribed:

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

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

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

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


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    CS for SB 2672                                 First Engrossed



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

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

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

 4  include any assignment on official business outside of regular

 5  office hours and away from regular places of employment when

 6  it is considered reasonable and necessary to stay overnight

 7  and for which travel expenses are approved.

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

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

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

11  based on the following schedule:

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

13  extends beyond 8 a.m.

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

15  extends beyond 2 p.m.

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

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

18  hours due to special assignment.

19  

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

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

22  vicinity; except assignments of official business outside the

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

24  approved.  The Chief Financial Officer Comptroller shall

25  establish a schedule for processing Class C travel subsistence

26  payments at least on a monthly basis.

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

28  notwithstanding the other provisions of this subsection, for

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

30  per diem basis nor shall a traveler receive subsistence

31  allowance.  This paragraph expires July 1, 2003.


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    CS for SB 2672                                 First Engrossed



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

 2  purposes of reimbursement rates and methods of calculation,

 3  per diem and subsistence allowances are divided into the

 4  following groups and rates:

 5         (a)  All travelers shall be allowed for subsistence

 6  when traveling to a convention or conference or when traveling

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

 8  state business, which convention, conference, or business

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

10  public agency served by the person attending such meeting or

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

12  of such travel at the option of the traveler:

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

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

15  or

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

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

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

19  rate to be substantiated by paid bills therefor.

20  

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

22  traveler shall be reimbursed only for the actual expenses of

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

24  in this subsection.

25         (b)  All travelers shall be allowed the following

26  amounts for subsistence while on Class C travel on official

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

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

29  and $5 and nonstate travelers up to $5

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

31  $11 and nonstate travelers up to $11


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    CS for SB 2672                                 First Engrossed



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

 2  $22 and nonstate travelers up to $22

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

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

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

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

 7  notwithstanding the other provisions of this subsection, for

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

 9  per diem basis nor shall a traveler receive subsistence

10  allowance.  This paragraph expires July 1, 2003.

11         (7)  TRANSPORTATION.--

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

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

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

15  traveler; and reimbursement for expenses shall be based only

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

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

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

19  keeping in mind the following conditions:

20         1.  The nature of the business.

21         2.  The most efficient and economical means of travel

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

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

24  subsistence required). When it is more efficient and

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

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

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

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

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

30  amount of equipment or material to be transported.

31  


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    CS for SB 2672                                 First Engrossed



 1         (b)  The Department of Financial Services Banking and

 2  Finance may provide any form it deems necessary to cover

 3  travel requests for traveling on official business and when

 4  paid by the state.

 5         (c)  Transportation by common carrier when traveling on

 6  official business and paid for personally by the traveler,

 7  shall be substantiated by a receipt therefor.  Federal tax

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

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

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

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

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

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

14  the traveler to the agency charged with the transportation

15  provided in this manner.

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

17  travel in lieu of publicly owned vehicles or common carriers

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

19  Whenever travel is by privately owned vehicle:, the

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

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

22  state fiscal year 1994-1995 and 29

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

24  allowance up to 37 cents per mile; or

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

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

27  agency head.

28         2.  Reimbursement for expenditures related to the

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

30  be allowed when privately owned vehicles are used on public

31  


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    CS for SB 2672                                 First Engrossed



 1  business and reimbursement is made pursuant to this paragraph,

 2  except as provided in subsection (8).

 3         3.2.  All mileage shall be shown from point of origin

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

 5  on the basis of the current map of the Department of

 6  Transportation. Vicinity mileage necessary for the conduct of

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

 8  item on the expense voucher.

 9         (e)  Transportation by chartered vehicles when

10  traveling on official business may be authorized by the agency

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

12  agency, provided the cost of such transportation does not

13  exceed the cost of transportation by privately owned vehicle

14  pursuant to paragraph (d).

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

16  monthly allowances in fixed amounts for use of privately owned

17  automobiles on official business in lieu of the mileage rate

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

19  this paragraph shall be reasonable, taking into account the

20  customary use of the automobile, the roads customarily

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

22  operation, maintenance, and ownership of the automobile are

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

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

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

26  allowance is granted or changed, and at least annually

27  thereafter. The statement shall show the places and distances

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

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

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

31  been made pursuant to paragraph (d).


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    CS for SB 2672                                 First Engrossed



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

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

 3  in which a depreciation allowance is used in computing the

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

 5  privately owned vehicle on official business; provided, any

 6  such existing contract shall not be impaired.

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

 8  transportation expense when gratuitously transported by

 9  another person or when transported by another traveler who is

10  entitled to mileage or transportation expense. However, a

11  traveler on a private aircraft shall be reimbursed the actual

12  amount charged and paid for the fare for such transportation

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

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

15  also entitled to transportation expense for the same flight

16  under this subsection.

17         (8)  OTHER EXPENSES.--

18         (a)  The following incidental travel expenses of the

19  traveler may be reimbursed:

20         1.  Taxi fare.

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

22         3.  Storage or parking fees.

23         4.  Communication expense.

24         5.  Convention registration fee while attending a

25  convention or conference which will serve a direct public

26  purpose with relation to the public agency served by the

27  person attending such meetings.  A traveler may be reimbursed

28  the actual and necessary fees for attending events which are

29  not included in a basic registration fee that directly enhance

30  the public purpose of the participation of the agency in the

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


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    CS for SB 2672                                 First Engrossed



 1  banquets and other meal functions.  It shall be the

 2  responsibility of the traveler to substantiate that the

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

 4  lodging included in the registration fee will be deducted in

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

 6         (b)  Other expenses which are not specifically

 7  authorized by this section may be approved by the Department

 8  of Financial Services Banking and Finance pursuant to rules

 9  adopted by it.  Expenses approved pursuant to this paragraph

10  shall be reported by the Department of Financial Services

11  Banking and Finance to the Auditor General annually.

12         (9)  RULES AND REGULATIONS.--

13         (a)  The Department of Financial Services Banking and

14  Finance shall adopt promulgate such rules and regulations,

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

16  by a state agency to predetermine justification for attendance

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

18  conventions and conferences, and prescribe such forms as may

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

20  department may also adopt rules prescribing the proper

21  disposition and use of promotional items and rebates offered

22  by common carriers and other entities in connection with

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

24  the department shall consult with the appropriation committees

25  of the Legislature.

26         (b)  Each state agency shall promulgate such additional

27  specific rules and regulations and specific criteria to be

28  used by it to predetermine justification for attendance by

29  state officers and employees and authorized persons at

30  conventions and conferences, not in conflict with the rules

31  and regulations of the Department of Financial Services


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    CS for SB 2672                                 First Engrossed



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

 2  a state agency to predetermine justification for attendance by

 3  state officers, and employees, and authorized persons at

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

 5  this section.

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

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

 8  notary public or other officer authorized to administer oaths,

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

10  provision of this section shall contain a statement that the

11  expenses were actually incurred by the traveler as necessary

12  travel expenses in the performance of official duties and

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

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

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

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

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

18  counsels, or advises the preparation or presentation under the

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

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

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

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

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

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

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

26  civilly liable in the amount of the overpayment for the

27  reimbursement of the public fund from which the claim was

28  paid.

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

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

31  Services Banking and Finance shall furnish a uniform travel


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    CS for SB 2672                                 First Engrossed



 1  authorization request form which shall be used by all state

 2  officers and employees and authorized persons when requesting

 3  approval for the performance of travel to a convention or

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

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

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

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

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

 9  itemizing registration fees and any meals or lodging included

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

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

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

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

14  incurred in connection with official business of the state.

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

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

17  the appropriate signatures. A copy of the travel authorization

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

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

20         (b)  Voucher forms.--

21         1.  The Department of Financial Services Banking and

22  Finance shall furnish a uniform travel voucher form which

23  shall be used by all state officers and employees and

24  authorized persons when submitting travel expense statements

25  for approval and payment.  No travel expense statement shall

26  be approved for payment by the Chief Financial Officer

27  Comptroller unless made on the form prescribed and furnished

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

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

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

31  indicating the truth and correctness of the claim in every


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    CS for SB 2672                                 First Engrossed



 1  material matter, that the travel expenses were actually

 2  incurred by the traveler as necessary in the performance of

 3  official duties, that per diem claimed has been appropriately

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

 5  conference registration fees claimed by the traveler, and that

 6  the voucher conforms in every respect with the requirements of

 7  this section.  The original copy of the executed uniform

 8  travel authorization request form shall be attached to the

 9  uniform travel voucher on file with the respective agency.

10         2.  Statements for travel expenses incidental to the

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

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

13  Financial Services Department of Banking and Finance.

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

15  foregoing restrictions and limitations, an agency head or his

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

17  to cover anticipated costs of travel to travelers.  Such

18  advancements may include the costs of subsistence and travel

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

20  traveler in the performance of his or her duties.

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

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

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

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

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

26  pay the vendor the actual expenses for meals and lodging

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

28  that authorized pursuant to this section. In emergency

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

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

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


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    CS for SB 2672                                 First Engrossed



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

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

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

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

 5  such cost savings shall be documented in the voucher submitted

 6  to the Chief Financial Officer Comptroller for the direct

 7  payment of travel expenses.  The provisions of this subsection

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

 9  employee of the Legislature.

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

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

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

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

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

15  (7)(d)1.

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

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

18  ranges specified in this section, during the following fiscal

19  year to state travelers for per diem as provided in

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

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

22  shall be established as follows:

23         1.  The Attorney General shall establish amounts that

24  apply uniformly to all travel by the Department of Legal

25  Affairs;

26         2.  The Chief Financial Officer shall establish amounts

27  that apply uniformly to all travel by the Department of

28  Financial Services;

29         3.  The Commissioner of Agriculture shall establish

30  amounts that apply uniformly to all travel by the Department

31  of Agriculture;


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    CS for SB 2672                                 First Engrossed



 1         4.  The Governor shall establish amounts that apply

 2  uniformly to all travel by executive branch agencies, except

 3  as otherwise provided in this paragraph;

 4         5.  The presiding officers of the Legislature shall

 5  establish amounts that apply uniformly to all travel by

 6  legislative branch agencies; and

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

 8  establish amounts that apply uniformly to all travel by

 9  judicial branch agencies.

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

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

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

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

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

15  reflect the percentage change in the Consumer Price Index for

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

17  annually adjusted amounts shall be rounded downward to the

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

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

20  following fiscal year.

21         (15)  APPLICABILITY TO COUNTIES, COUNTY OFFICERS, AND

22  DISTRICT SCHOOL BOARDS.--

23         (a)  Rates that exceed the maximum travel reimbursement

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

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

26  112.061(7)(d)1. for mileage may be established by:

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

28  an ordinance or resolution;

29         2.  A county constitutional officer, pursuant to

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

31  establishment of written policy; or


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    CS for SB 2672                                 First Engrossed



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

 2  the adoption of rules.

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

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

 5  constitutional officer and entity governed by that officer, or

 6  district school board.

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

 8  counties, county constitutional officers and entities governed

 9  by those officers, and district school boards remain subject

10  to the requirements of this section.

11         Section 2.  This act shall take effect June 1, 2003.

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