HB 6001

CS

CHAMBER ACTION

1	The Fiscal Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to per diem and travel expenses; amending
7	s. 112.061, F.S.; revising per diem, subsistence, and
8	mileage rates for purposes of reimbursement of travel
9	expenses of public officers, employees, and authorized
10	persons; providing an appropriation; providing an
11	effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
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15	Section 1.  Subsection (1), paragraphs (e) and (g) of
16	subsection (3), paragraph (c) of subsection (5), subsection (6),
17	paragraph (d) of subsection (7), and subsections (11) and (14)
18	of section 112.061, Florida Statutes, are amended to read:
19	112.061  Per diem and travel expenses of public officers,
20	employees, and authorized persons.--
21	(1)  LEGISLATIVE INTENT.--To prevent 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 is
25	the intent of the Legislature:
26	(a)  To remedy same and to establish standard travel
27	reimbursement uniform maximum rates, procedures, and
28	limitations, with certain justifiable exceptions and exemptions,
29	applicable to all public officers, employees, and authorized
30	persons whose travel is authorized and expenses are paid by a
31	public agency.
32	(b)  To preserve the standardization and uniformity
33	established by this law:
34	1.  The provisions of this section shall prevail over any
35	conflicting provisions in a general law, present or future, to
36	the extent of the conflict; but if any such general law contains
37	a specific exemption from this section, including a specific
38	reference to this section, such general law shall prevail, but
39	only to the extent of the exemption.
40	2.  The provisions of any special or local law, present or
41	future, shall prevail over any conflicting provisions in this
42	section, but only to the extent of the conflict.
43	(3)  AUTHORITY TO INCUR TRAVEL EXPENSES.--
44	(e)  The agency head, or a designated representative, may
45	pay by advancement or reimbursement, or a combination thereof,
46	the costs of per diem of travelers and authorized persons for
47	foreign travel at the current rates as specified in the federal
48	publication "Standardized Regulations (Government Civilians,
49	Foreign Areas)" and incidental expenses as provided in this
50	section.
51	(g)  The secretary of the Department of Health or a
52	designee may authorize travel expenses incidental to the
53	rendering of medical services for and on behalf of clients of
54	the Department of Health. The Department of Health may establish
55	rates lower than the rate maximum provided in this section for
56	these travel expenses.
57	(5)  COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
58	purposes of reimbursement and methods of calculating fractional
59	days of travel, the following principles are prescribed:
60	(c)  For the 2005-2006 fiscal year only and notwithstanding
61	the other provisions of this subsection, for Class C travel, a
62	state traveler shall not be reimbursed on a per diem basis nor
63	shall a traveler receive subsistence allowance. This paragraph
64	expires July 1, 2006.
65	(6)  RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
66	purposes of reimbursement rates and methods of calculation, per
67	diem and subsistence allowances are provided as follows divided
68	into the following groups and rates:
69	(a)  All travelers shall be allowed for subsistence when
70	traveling to a convention or conference or when traveling within
71	or outside the state in order to conduct bona fide state
72	business, which convention, conference, or business serves a
73	direct and lawful public purpose with relation to the public
74	agency served by the person attending such meeting or conducting
75	such business, either of the following for each day of such
76	travel at the option of the traveler:
77	1.  Seventy-five Fifty dollars per diem; or
78	2.  If actual expenses exceed $75 $50, the amounts
79	permitted in paragraph (b) for subsistence meals, plus actual
80	expenses for lodging at a single-occupancy rate to be
81	substantiated by paid bills therefor.
82
83	When lodging or meals are provided at a state institution, the
84	traveler shall be reimbursed only for the actual expenses of
85	such lodging or meals, not to exceed the maximum provided for in
86	this subsection.
87	(b)  All travelers shall be allowed the following amounts
88	for subsistence while on Class C travel on official business as
89	provided in paragraph (5)(b):
90	1.  Breakfast....$5 $3
91	2.  Lunch....$11 $6
92	3.  Dinner....$19 $12
93	(c)  No one, whether traveling out of state or in state,
94	shall be reimbursed for any meal or lodging included in a
95	convention or conference registration fee paid by the state.
96	(d)  For the 2005-2006 fiscal year only and notwithstanding
97	the other provisions of this subsection, for Class C travel, a
98	state traveler shall not be reimbursed on a per diem basis nor
99	shall a traveler receive subsistence allowance. This paragraph
100	expires July 1, 2006.
101	(7)  TRANSPORTATION.--
102	(d)1.  The use of privately owned vehicles for official
103	travel in lieu of publicly owned vehicles or common carriers may
104	be authorized by the agency head or his or her designee.
105	Whenever travel is by privately owned vehicle:,
106	a.  The traveler shall be entitled to a mileage allowance
107	at a fixed rate of 44.5 25 cents per mile; for state fiscal year
108	1994-1995 and 29 cents per mile thereafter or
109	b.  The traveler shall be entitled to the common carrier
110	fare for such travel if, as determined by the agency head to be
111	more economical.
112	2.  Reimbursement for expenditures related to the
113	operation, maintenance, and ownership of a vehicle shall not be
114	allowed when privately owned vehicles are used on public
115	business and reimbursement is made pursuant to this paragraph,
116	except as provided in subsection (8).
117	3.2.  All mileage shall be shown from point of origin to
118	point of destination and, when possible, shall be computed on
119	the basis of the current map of the Department of
120	Transportation. Vicinity mileage necessary for the conduct of
121	official business is allowable but must be shown as a separate
122	item on the expense voucher.
123	(11)  TRAVEL AUTHORIZATION AND VOUCHER FORMS.--
124	(a)  Authorization forms.--The Department of Financial
125	Services shall furnish a uniform travel authorization request
126	form which shall be used by all state officers, and employees,
127	and authorized persons when requesting approval for the
128	performance of travel to a convention or conference. The form
129	shall include, but not be limited to, provision for the name of
130	each traveler, purpose of travel, period of travel, estimated
131	cost to the state, and a statement of benefits accruing to the
132	state by virtue of such travel. A copy of the program or agenda
133	of the convention or conference, itemizing registration fees and
134	any meals or lodging included in the registration fee, shall be
135	attached to, and filed with, the copy of the travel
136	authorization request form on file with the agency. The form
137	shall be signed by the traveler and by the traveler's supervisor
138	stating that the travel is to be incurred in connection with
139	official business of the state. The head of the agency or his or
140	her designated representative shall not authorize or approve
141	such request in the absence of the appropriate signatures. A
142	copy of the travel authorization form shall be attached to, and
143	become a part of, the support of the agency's copy of the travel
144	voucher.
145	(b)  Voucher forms.--
146	1.  The Department of Financial Services shall furnish a
147	uniform travel voucher form which shall be used by all state
148	officers, and employees, and authorized persons when submitting
149	travel expense statements for approval and payment. No travel
150	expense statement shall be approved for payment by the Chief
151	Financial Officer unless made on the form prescribed and
152	furnished by the department. The travel voucher form shall
153	provide for, among other things, the purpose of the official
154	travel and a certification or affirmation, to be signed by the
155	traveler, indicating the truth and correctness of the claim in
156	every material matter, that the travel expenses were actually
157	incurred by the traveler as necessary in the performance of
158	official duties, that per diem claimed has been appropriately
159	reduced for any meals or lodging included in the convention or
160	conference registration fees claimed by the traveler, and that
161	the voucher conforms in every respect with the requirements of
162	this section. The original copy of the executed uniform travel
163	authorization request form shall be attached to the uniform
164	travel voucher on file with the respective agency.
165	2.  Statements for travel expenses incidental to the
166	rendering of medical services for and on behalf of clients of
167	the Department of Health shall be on forms approved by the
168	Department of Financial Services.
169	(14)  APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
170	SCHOOL BOARDS, AND SPECIAL DISTRICTS.--
171	(a)  The following entities may establish rates that vary
172	from the per diem rate provided in paragraph (6)(a), the
173	subsistence rates provided in paragraph (6)(b), or the mileage
174	rate provided in paragraph (7)(d) if those rates are not less
175	than the statutorily established rates that are in effect for
176	the 2005-2006 fiscal year Rates that exceed the maximum travel
177	reimbursement rates for nonstate travelers specified in
178	paragraph (6)(a) for per diem, in paragraph (6)(b) for
179	subsistence, and in subparagraph (7)(d)1. for mileage may be
180	established by:
181	1.  The governing body of a county by the enactment of an
182	ordinance or resolution;
183	2.  A county constitutional officer, pursuant to s. 1(d),
184	Art. VIII of the State Constitution, by the establishment of
185	written policy;
186	3.  The governing body of a district school board by the
187	adoption of rules; or
188	4.  The governing body of a special district, as defined in
189	s. 189.403(1), except those special districts that are subject
190	to s. 166.021(10), by the enactment of a resolution.
191	(b)  Rates established pursuant to paragraph (a) must apply
192	uniformly to all travel by the county, county constitutional
193	officer and entity governed by that officer, district school
194	board, or special district.
195	(c)  Except as otherwise provided in this subsection,
196	counties, county constitutional officers and entities governed
197	by those officers, district school boards, and special
198	districts, other than those subject to s. 166.021(10), remain
199	subject to the requirements of this section.
200	Section 2.  For the 2006-2007 fiscal year, the sum of $8.4
201	million in recurring funds from the General Revenue Fund and
202	$12.7 million in recurring funds from Trust Funds are
203	appropriated in Administered Funds for distribution to the
204	agencies to administer the provisions of this act.
205	Section 3.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.