Senate Bill sb1426

    Florida Senate - 2003                                  SB 1426

    By Senator Posey





    24-1092-03

  1                      A bill to be entitled

  2         An act relating to municipal per diem and

  3         travel expenses; amending s. 166.021, F.S.;

  4         authorizing municipalities to provide for per

  5         diem and travel expenses of its officials,

  6         officers, employees, and authorized persons,

  7         notwithstanding s. 112.061, F.S.; providing for

  8         retroactive application; providing an effective

  9         date.

10

11         WHEREAS, the Municipal Home Rule Powers Act, chapter

12  166, Florida Statutes, provides that the governing body of

13  each municipality has the power to enact legislation

14  concerning any subject matter upon which the Legislature may

15  act, and

16         WHEREAS, the Florida Attorney General, in AGO 1974-18,

17  stated that municipalities, under the Municipal Home Rule

18  Powers Act, have the home rule powers to enact per diem and

19  travel allowances that vary from those specified in section

20  112.061, Florida Statutes, and

21         WHEREAS, numerous municipalities in the state have

22  relied on the grant of home rule powers and AGO 1974-18 to

23  enact reasonable per diem and travel allowances as determined

24  by the governing body of the municipality, and

25         WHEREAS, the Florida Attorney General, in AGO 2003-01,

26  has essentially reversed the opinion set forth in AGO 1974-18

27  and has now stated that section 112.061, Florida Statutes,

28  applies to municipalities and controls the maximum rate of per

29  diem and other allowances paid to officers, employees, or

30  others authorized to act on behalf of the municipality, and

31

                                  1

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






    Florida Senate - 2003                                  SB 1426
    24-1092-03




  1         WHEREAS, AGO 2003-01 clearly violates the intent of the

  2  Municipal Home Rule Powers Act, and places municipalities that

  3  have relied on AGO 1974-18 into the position of having to

  4  repeal their policies on reasonable per diem and travel

  5  allowances in order to comply with AGO 2003-01, NOW,

  6  THEREFORE,

  7

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

  9

10         Section 1.  Subsection (10) is added to section

11  166.021, Florida Statutes, to read:

12         166.021  Powers.--

13         (10)  Notwithstanding the provisions for per diem and

14  travel expenses of public officers, employees, and authorized

15  persons set forth in s. 112.061, the governing body of a

16  municipality may provide for per diem and travel expenses of

17  its officials, officers, employees, and authorized persons as

18  the governing body determines is reasonable. Any policy on per

19  diem and travel expenses provided by a municipality on January

20  1, 2003, shall be valid and in effect for that municipality

21  until otherwise amended. If the governing body of a

22  municipality does not provide for per diem and travel

23  expenses, the municipality shall adhere to the provisions of

24  s. 112.061.

25         Section 2.  This act shall take effect upon becoming a

26  law and shall apply retroactively to January 1, 2003.

27

28            *****************************************

29                          SENATE SUMMARY

30    Authorizes the governing body of a municipality to
      provide for per diem and travel expenses of its
31    officials, officers, employees, and authorized persons
      notwithstanding s. 112.06, F.S.
                                  2

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