Senate Bill sb0428c2

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    Florida Senate - 2006                     CS for CS for SB 428

    By the Committees on Ways and Means; Governmental Oversight
    and Productivity; and Senators Lawson, Smith, Fasano and
    Argenziano



    576-2135-06

  1                      A bill to be entitled

  2         An act relating to per diem and travel

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

  4         per diem, subsistence, and mileage rates for

  5         purposes of reimbursement of travel expenses of

  6         public officers, employees, and authorized

  7         persons; providing an appropriation; providing

  8         an effective date.

  9  

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

11  

12         Section 1.  Subsection (1), paragraphs (e) and (g) of

13  subsection (3), paragraph (c) of subsection (5), subsection

14  (6), paragraph (d) of subsection (7), and subsections (11) and

15  (14) of section 112.061, Florida Statutes, are amended to

16  read:

17         112.061  Per diem and travel expenses of public

18  officers, employees, and authorized persons.--

19         (1)  LEGISLATIVE INTENT.--To prevent There are

20  inequities, conflicts, inconsistencies, and lapses in the

21  numerous laws regulating or attempting to regulate travel

22  expenses of public officers, employees, and authorized persons

23  in the state,. it is the intent of the Legislature:

24         (a)  To remedy same and to establish standard travel

25  reimbursement uniform maximum rates, procedures, and

26  limitations, with certain justifiable exceptions and

27  exemptions, applicable to all public officers, employees, and

28  authorized persons whose travel is authorized and expenses are

29  paid by a public agency.

30         (b)  To preserve the standardization and uniformity

31  established by this law:

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    Florida Senate - 2006                     CS for CS for SB 428
    576-2135-06




 1         1.  The provisions of this section shall prevail over

 2  any conflicting provisions in a general law, present or

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

 4  law contains a specific exemption from this section, including

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

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

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

 8  or future, shall prevail over any conflicting provisions in

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

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

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

12  may pay by advancement or reimbursement, or a combination

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

14  persons for foreign travel at the current rates as specified

15  in the federal publication "Standardized Regulations

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

17  as provided in this section.

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

19  designee may authorize travel expenses incidental to the

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

21  the Department of Health. The Department of Health may

22  establish rates lower than the rate maximum provided in this

23  section for these travel expenses.

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         (c)  For the 2005-2006 fiscal year only and

29  notwithstanding the other provisions of this subsection, for

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

31  

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    Florida Senate - 2006                     CS for CS for SB 428
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 1  per diem basis nor shall a traveler receive subsistence

 2  allowance. This paragraph expires July 1, 2006.

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

 4  purposes of reimbursement rates and methods of calculation,

 5  per diem and subsistence allowances are provided as follows

 6  divided into the following groups and rates:

 7         (a)  All travelers shall be allowed for subsistence

 8  when traveling to a convention or conference or when traveling

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

10  state business, which convention, conference, or business

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

12  public agency served by the person attending such meeting or

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

14  of such travel at the option of the traveler:

15         1.  Eighty Fifty dollars per diem; or

16         2.  If actual expenses exceed $80 $50, the amounts

17  permitted in paragraph (b) for subsistence meals, plus actual

18  expenses for lodging at a single-occupancy rate to be

19  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.....................................$6 $3

29         2.  Lunch........................................$11 $6

30         3.  Dinner......................................$19 $12

31  

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

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

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

 4         (d)  For the 2005-2006 fiscal year only and

 5  notwithstanding the other provisions of this subsection, for

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

 7  per diem basis nor shall a traveler receive subsistence

 8  allowance. This paragraph expires July 1, 2006.

 9         (7)  TRANSPORTATION.--

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

11  travel in lieu of publicly owned vehicles or common carriers

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

13  Whenever travel is by privately owned vehicle:,

14         a.  A The traveler shall be entitled to a mileage

15  allowance at a fixed rate of 44.5 25 cents per mile; for state

16  fiscal year 1994-1995 and 29 cents per mile thereafter or

17         b.  A traveler shall be entitled to the common carrier

18  fare for such travel if, as determined by the agency head to

19  be more economical.

20         2.  Reimbursement for expenditures related to the

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

22  be allowed when privately owned vehicles are used on public

23  business and reimbursement is made pursuant to this paragraph,

24  except as provided in subsection (8).

25         3.2.  All mileage shall be shown from point of origin

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

27  on the basis of the current map of the Department of

28  Transportation. Vicinity mileage necessary for the conduct of

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

30  item on the expense voucher.

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

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    Florida Senate - 2006                     CS for CS for SB 428
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 1         (a)  Authorization forms.--The Department of Financial

 2  Services shall furnish a uniform travel authorization request

 3  form which shall be used by all state officers, and employees,

 4  and authorized persons when requesting approval for the

 5  performance of travel to a convention or conference. The form

 6  shall include, but not be limited to, provision for the name

 7  of each traveler, purpose of travel, period of travel,

 8  estimated cost to the state, and a statement of benefits

 9  accruing to the state by virtue of such travel. A copy of the

10  program or agenda of the convention or conference, itemizing

11  registration fees and any meals or lodging included in the

12  registration fee, shall be attached to, and filed with, the

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

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

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

16  incurred in connection with official business of the state.

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

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

19  the appropriate signatures. A copy of the travel authorization

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

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

22         (b)  Voucher forms.--

23         1.  The Department of Financial Services shall furnish

24  a uniform travel voucher form which shall be used by all state

25  officers, and employees, and authorized persons when

26  submitting travel expense statements for approval and payment.

27  No travel expense statement shall be approved for payment by

28  the Chief Financial Officer unless made on the form prescribed

29  and furnished by the department. The travel voucher form shall

30  provide for, among other things, the purpose of the official

31  travel and a certification or affirmation, to be signed by the

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 1  traveler, indicating the truth and correctness of the claim in

 2  every material matter, that the travel expenses were actually

 3  incurred by the traveler as necessary in the performance of

 4  official duties, that per diem claimed has been appropriately

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

 6  conference registration fees claimed by the traveler, and that

 7  the voucher conforms in every respect with the requirements of

 8  this section. The original copy of the executed uniform travel

 9  authorization request form shall be attached to the uniform

10  travel voucher on file with the respective agency.

11         2.  Statements for travel expenses incidental to the

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

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

14  Department of Financial Services.

15         (14)  APPLICABILITY TO COUNTIES, COUNTY OFFICERS,

16  DISTRICT SCHOOL BOARDS, AND SPECIAL DISTRICTS.--

17         (a)  The following entities may establish rates that

18  vary from the per diem rate provided in paragraph (6)(a), the

19  subsistence rates provided in paragraph (6)(b), or the mileage

20  rate provided in paragraph (7)(d) if those rates are not less

21  than the statutorily established rates that are in effect for

22  the 2005-2006 fiscal year Rates that exceed the maximum travel

23  reimbursement rates for nonstate travelers specified in

24  paragraph (6)(a) for per diem, in paragraph (6)(b) for

25  subsistence, and in subparagraph (7)(d)1. for mileage may be

26  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 s.

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

31  establishment of written policy;

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    Florida Senate - 2006                     CS for CS for SB 428
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 1         3.  The governing body of a district school board by

 2  the adoption of rules; or

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

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

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

 6  resolution.

 7         (b)  Rates established pursuant to paragraph (a) must

 8  apply uniformly to all travel by the county, county

 9  constitutional officer and entity governed by that officer,

10  district school board, or special district.

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

12  counties, county constitutional officers and entities governed

13  by those officers, district school boards, and special

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

15  subject to the requirements of this section.

16         Section 2.  For the 2006-2007 fiscal year the sums of

17  $8.9 million in recurring funds from the General Revenue Fund

18  and $13.2 million in recurring funds from trust funds are

19  appropriated in a lump-sum appropriation in administered funds

20  for distribution among the legislative branch, the Florida

21  School for the Deaf and the Blind, and those state entities to

22  which the Legislature appropriates specific salary and

23  benefits budget authority in the General Appropriations Act

24  for the 2006-2007 fiscal year to offset the additional costs

25  anticipated as a result of the increases in travel

26  reimbursement rates authorized by this act.

27         Section 3.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                     CS for CS for SB 428
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                        CS/Senate Bill 428

 3                                 

 4  The committee substitute for CS/SB 428:

 5  --   Sets the per diem rate at $80;

 6  --   Sets the reimbursement for breakfast at $6; and

 7  --   Sets the reimbursement for dinner at $19.

 8  It eliminates the mechanism to adjust the reimbursement rates
    annually.
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