Florida Senate - 2006            PROPOSED COMMITTEE SUBSTITUTE
    Bill No. SB 428
                        Barcode 101000
    585-1144A-06
    Proposed Committee Substitute by the Committee on Governmental
    Oversight and Productivity
 1                      A bill to be entitled
 2         An act relating to reimbursement for travel
 3         expenses; amending s. 112.061, F.S.;
 4         establishing per diem, subsistence, and mileage
 5         rates for travel expenses of public employees;
 6         conforming provisions and deleting obsolete
 7         provisions; authorizing an exemption; providing
 8         for future adjustments of such rates; providing
 9         an effective date.
10  
11  Be It Enacted by the Legislature of the State of Florida:
12  
13         Section 1.  Subsection (1), paragraphs (e) and (g) of
14  subsection (3), subsection (6), paragraph (d) of subsection
15  (7), and subsections (11) and (14) of section 112.061, Florida
16  Statutes, are amended, and subsection (15) is added to that
17  section, to read:
18         112.061  Per diem and travel expenses of public
19  officers, employees, and authorized persons.--
20         (1)  LEGISLATIVE INTENT.--There are inequities,
21  conflicts, inconsistencies, and lapses in the numerous laws
22  regulating or attempting to regulate travel expenses of public
23  officers, employees, and authorized persons in the state. It
24  is the intent of the Legislature:
25         (a)  To remedy same and to establish a uniform system
26  of travel reimbursement maximum rates, and limitations, with
27  certain justifiable exceptions and exemptions, applicable to
28  all authorized travelers public officers, employees, and
29  authorized persons whose travel expenses are paid by a public
30  agency.
31         (b)  To preserve the standardization and uniformity
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Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 428 Barcode 101000 585-1144A-06 1 established by this law: 2 1. The provisions of this section shall prevail over 3 any conflicting provisions in a general law, present or 4 future, to the extent of the conflict; but if any such general 5 law contains a specific exemption from this section, including 6 a specific reference to this section, such general law shall 7 prevail, but only to the extent of the exemption. 8 2. The provisions of any special or local law, present 9 or future, shall prevail over any conflicting provisions in 10 this section, but only to the extent of the conflict. 11 (3) AUTHORITY TO INCUR TRAVEL EXPENSES.-- 12 (e) The agency head, or a designated representative, 13 may pay by advancement or reimbursement, or a combination 14 thereof, the costs of per diem of travelers and authorized 15 persons for foreign travel at the current rates as specified 16 in the federal publication "Standardized Regulations 17 (Government Civilians, Foreign Areas)" and incidental expenses 18 as provided in this section. 19 (g) The secretary of the Department of Health or a 20 designee may authorize travel expenses incidental to the 21 rendering of medical services for and on behalf of clients of 22 the Department of Health. The Department of Health may 23 establish rates lower than the rate maximum provided in this 24 section for these travel expenses. 25 (6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For 26 purposes of reimbursement rates and methods of calculation, 27 per diem and subsistence allowances are provided as follows 28 divided into the following groups and rates: 29 (a) All travelers shall be allowed for subsistence 30 when traveling to a convention or conference or when traveling 31 within or outside the state in order to conduct bona fide 2 7:50 AM 01/19/06 s0428p-go00-j02
Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 428 Barcode 101000 585-1144A-06 1 state business, which convention, conference, or business 2 serves a direct and lawful public purpose with relation to the 3 public agency served by the person attending such meeting or 4 conducting such business, either of the following for each day 5 of such travel at the option of the traveler: 6 1. For fiscal year 2006-2007, the rate of per diem 7 shall be $90 and shall be adjusted annually thereafter 8 pursuant to subsection (15); however, in no case may the 9 state-established per diem rate exceed the standard federal 10 per diem rate for the continental United States Fifty dollars 11 per diem; or 12 2. If actual expenses exceed the amount permitted in 13 subparagraph 1. $50, the amounts permitted in paragraph (b) 14 for subsistence meals, plus actual expenses for lodging at a 15 single-occupancy rate to be substantiated by paid bills 16 therefor. 17 18 When lodging or meals are provided at a state institution, the 19 traveler shall be reimbursed only for the actual expenses of 20 such lodging or meals, not to exceed the maximum provided for 21 in this subsection. 22 (b) All travelers shall be allowed the following 23 amounts for subsistence while on Class C travel on official 24 business as provided in paragraph (5)(b): 25 1. Breakfast. Travelers are allowed $5 for fiscal year 26 2006-2007 and thereafter as adjusted annually pursuant to 27 subsection (15). $3 28 2. Lunch. Travelers are allowed $11 for fiscal year 29 2006-2007 and thereafter as adjusted annually pursuant to 30 subsection (15). $6 31 3. Dinner. Travelers are allowed $23 for fiscal year 3 7:50 AM 01/19/06 s0428p-go00-j02
Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 428 Barcode 101000 585-1144A-06 1 2006-2007 and thereafter as adjusted annually pursuant to 2 subsection (15). $12 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 2005-2006 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, 2006. 11 (7) TRANSPORTATION.-- 12 (d)1. The use of privately owned vehicles for official 13 travel in lieu of publicly owned vehicles or common carriers 14 may be authorized by the agency head or his or her designee. 15 Whenever travel is by privately owned vehicle: 16 a. A, the traveler shall be entitled to a mileage 17 allowance at a fixed rate of 38 25 cents per mile for the 18 2006-2007 fiscal year and thereafter as adjusted annually 19 pursuant to subsection (15); or for state fiscal year 20 1994-1995 and 29 cents per mile 21 b. The traveler shall be entitled to thereafter or the 22 common carrier fare for such travel, if as determined by the 23 agency head to be more economical. 24 2. Reimbursement for expenditures related to the 25 operation, maintenance, and ownership of a vehicle shall not 26 be allowed when privately owned vehicles are used on public 27 business and reimbursement is made pursuant to this paragraph, 28 except as provided in subsection (8). 29 3.2. All mileage shall be shown from point of origin 30 to point of destination and, when possible, shall be computed 31 on the basis of the current map of the Department of 4 7:50 AM 01/19/06 s0428p-go00-j02
Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 428 Barcode 101000 585-1144A-06 1 Transportation. Vicinity mileage necessary for the conduct of 2 official business is allowable but must be shown as a separate 3 item on the expense voucher. 4 (11) TRAVEL AUTHORIZATION AND VOUCHER FORMS.-- 5 (a) Authorization forms.--The Department of Financial 6 Services shall furnish a uniform travel authorization request 7 form which shall be used by all state officers, and employees, 8 and authorized persons when requesting approval for the 9 performance of travel to a convention or conference. The form 10 shall include, but not be limited to, provision for the name 11 of each traveler, purpose of travel, period of travel, 12 estimated cost to the state, and a statement of benefits 13 accruing to the state by virtue of such travel. A copy of the 14 program or agenda of the convention or conference, itemizing 15 registration fees and any meals or lodging included in the 16 registration fee, shall be attached to, and filed with, the 17 copy of the travel authorization request form on file with the 18 agency. The form shall be signed by the traveler and by the 19 traveler's supervisor stating that the travel is to be 20 incurred in connection with official business of the state. 21 The head of the agency or his or her designated representative 22 shall not authorize or approve such request in the absence of 23 the appropriate signatures. A copy of the travel authorization 24 form shall be attached to, and become a part of, the support 25 of the agency's copy of the travel voucher. 26 (b) Voucher forms.-- 27 1. The Department of Financial Services shall furnish 28 a uniform travel voucher form which shall be used by all state 29 officers, and employees, and authorized persons when 30 submitting travel expense statements for approval and payment. 31 No travel expense statement shall be approved for payment by 5 7:50 AM 01/19/06 s0428p-go00-j02
Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 428 Barcode 101000 585-1144A-06 1 the Chief Financial Officer unless made on the form prescribed 2 and furnished by the department. The travel voucher form shall 3 provide for, among other things, the purpose of the official 4 travel and a certification or affirmation, to be signed by the 5 traveler, indicating the truth and correctness of the claim in 6 every material matter, that the travel expenses were actually 7 incurred by the traveler as necessary in the performance of 8 official duties, that per diem claimed has been appropriately 9 reduced for any meals or lodging included in the convention or 10 conference registration fees claimed by the traveler, and that 11 the voucher conforms in every respect with the requirements of 12 this section. The original copy of the executed uniform travel 13 authorization request form shall be attached to the uniform 14 travel voucher on file with the respective agency. 15 2. Statements for travel expenses incidental to the 16 rendering of medical services for and on behalf of clients of 17 the Department of Health shall be on forms approved by the 18 Department of Financial Services. 19 (14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS, 20 DISTRICT SCHOOL BOARDS, AND SPECIAL DISTRICTS.-- 21 (a) The following entities may establish rates that 22 vary from the per diem rate provided in paragraph (6)(a), the 23 subsistence rates provided in paragraph (6)(b), or the mileage 24 rate provided in paragraph (7)(d), if those rates are not less 25 than the statutorily established rates that are in effect for 26 the 2005-2006 fiscal year Rates that exceed the maximum travel 27 reimbursement rates for nonstate travelers specified in 28 paragraph (6)(a) for per diem, in paragraph (6)(b) for 29 subsistence, and in subparagraph (7)(d)1. for mileage may be 30 established by: 31 1. The governing body of a county by the enactment of 6 7:50 AM 01/19/06 s0428p-go00-j02
Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 428 Barcode 101000 585-1144A-06 1 an ordinance or resolution; 2 2. A county constitutional officer, pursuant to s. 3 1(d), Art. VIII of the State Constitution, by the 4 establishment of written policy; 5 3. The governing body of a district school board by 6 the adoption of rules; or 7 4. The governing body of a special district, as 8 defined in s. 189.403(1), except those special districts that 9 are subject to s. 166.021(10), by the enactment of a 10 resolution. 11 (b) Rates established pursuant to paragraph (a) must 12 apply uniformly to all travel by the county, county 13 constitutional officer and entity governed by that officer, 14 district school board, or special district. 15 (c) Except as otherwise provided in this subsection, 16 counties, county constitutional officers and entities governed 17 by those officers, district school boards, and special 18 districts, other than those subject to s. 166.021(10), remain 19 subject to the requirements of this section. 20 (15) STATE TRAVEL REIMBURSEMENT RATES AND 21 ADJUSTMENTS.--On or before June 30, 2007, and annually 22 thereafter, the uniform subsistence amounts, mileage rates, 23 and per diem rates applicable for the next fiscal year shall 24 be adjusted to reflect the percentage change in the Consumer 25 Price Index for All Urban Consumers, U.S. City Average since 26 June 1, 2005. However, the per diem rate may not exceed the 27 standard federal per diem rate for the continental United 28 States as published by the General Services Administration for 29 the applicable year. The Chief Financial Officer shall perform 30 the calculations necessary to determine the adjusted rates as 31 provided by this subsection and shall adopt and publish the 7 7:50 AM 01/19/06 s0428p-go00-j02
Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 428 Barcode 101000 585-1144A-06 1 revised rates by rule. 2 Section 2. This act shall take effect July 1, 2006. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 7:50 AM 01/19/06 s0428p-go00-j02