HOUSE AMENDMENT Bill No. HB 1493 CS
1	CHAMBER ACTION
2	Senate House
3	.
4	.
5	.
6
7
8
9
10
11
12	Representative Ausley offered the following:
13
14	Amendment (with title amendment)
15	Remove everything after the enacting clause, and insert:
16	Section 1. Subsection (10) is added to section 166.021,
17	Florida Statutes, to read:
18	166.021 Powers.--
19	(10)(a) As used in this subsection, the term:
20	1. "Authorized person" means a person:
21	a. Other than an officer or employee, as defined in this
22	paragraph, whether elected or commissioned or not, who is
23	authorized by a municipality or agency thereof to incur travel
24	expenses in the performance of official duties;
25	b. Who is called upon by a municipality or agency thereof
26	to contribute time and services as consultant or advisor; or
27	c. Who is a candidate for an executive or professional
28	position with a municipality or agency thereof.
29	2. "Employee" means an individual, whether commissioned or
30	not, other than an officer or authorized person as defined in
31	this paragraph, who is filling a regular or full-time authorized
32	position and is responsible to a municipality or agency thereof.
33	3. "Officer" means an individual who, in the performance
34	of his or her official duties, is vested by law with sovereign
35	powers of government and who is either elected by the people, or
36	commissioned by the Governor and who has jurisdiction extending
37	throughout the municipality, or any person lawfully serving
38	instead of either of the foregoing two classes of individuals as
39	initial designee or successor.
40	4. "Traveler" means an officer, employee, or authorized
41	person, when performing travel authorized by a municipality or
42	agency thereof.
43	(b) Notwithstanding s. 112.061, the governing body of a
44	municipality or an agency thereof may provide for a per diem and
45	travel expense policy for its travelers which varies from the
46	provisions of s. 112.061. Any such policy provided by a
47	municipality or an agency thereof on January 1, 2003, shall be
48	valid and in effect for that municipality or agency thereof
49	until otherwise amended. A municipality or agency thereof that
50	provides any per diem and travel expense policy pursuant to this
51	subsection shall be deemed to be exempt from all provisions of
52	s. 112.061. A municipality or agency thereof that does not
53	provide a per diem and travel expense policy pursuant to this
54	subsection remains subject to all provisions of s. 112.061.
55	(c) Travel claims submitted by a traveler in a
56	municipality or agency thereof which is exempted from the
57	provisions of s. 112.061, pursuant to paragraph (b), shall not
58	be required to be sworn to before a notary public or other
59	officer authorized to administer oaths, but any claim authorized
60	or required to be made under any per diem and travel expense
61	policy of a municipality or agency thereof must contain a
62	statement that the expenses were actually incurred by the
63	traveler as necessary travel expenses in the performance of
64	official duties and shall be verified by a written declaration
65	that it is true and correct as to every material matter; and any
66	person who willfully makes and subscribes any such claim that he
67	or she does not believe to be true and correct as to every
68	material matter, or who willfully aids or assists in, or
69	procures, counsels, or advises the preparation or presentation
70	of such a claim that is fraudulent or is false as to any
71	material matter, whether or not such falsity or fraud is with
72	the knowledge or consent of the person authorized or required to
73	present such claim, commits a misdemeanor of the second degree,
74	punishable as provided in s. 775.082 or s. 775.083. Whoever
75	receives an allowance or reimbursement by means of a false claim
76	is civilly liable in the amount of the overpayment for the
77	reimbursement of the public fund from which the claim was paid.
78	Section 2. Section 112.061, Florida Statutes, is amended
79	to read:
80	112.061 Per diem and travel expenses of public officers,
81	employees, and authorized persons.--
82	(1) LEGISLATIVE INTENT.--There are inequities, conflicts,
83	inconsistencies, and lapses in the numerous laws regulating or
84	attempting to regulate travel expenses of public officers,
85	employees, and authorized persons in the state. It is the
86	intent of the Legislature:
87	(a) To remedy same and to establish uniform travel
88	reimbursement ranges for state agencies, maximum travel
89	reimbursement rates for nonstate public agencies, and
90	limitations for all public agencies, with certain justifiable
91	exceptions, applicable to all public travelersofficers,
92	employees, and authorized personswhose travel expenses are paid
93	by a public agency.
94	(b) To preserve the standardization and uniformity
95	established by this law:
96	1. The provisions of this section shall prevail over any
97	conflicting provisions in a general law, present or future, to
98	the extent of the conflict; but if any such general law contains
99	a specific exemption from this section, including a specific
100	reference to this section, such general law shall prevail, but
101	only to the extent of the exemption.
102	2. The provisions of any special or local law, present or
103	future, shall prevail over any conflicting provisions in this
104	section, but only to the extent of the conflict.
105	(2) DEFINITIONS.--For the purposes of this section, the
106	following words shall have the meanings indicated:
107	(a) Agency or public agency--Any office, department,
108	agency, division, subdivision, political subdivision, board,
109	bureau, commission, authority, district, public body, body
110	politic, county, city, town, village, municipality, or any other
111	separate unit of government created pursuant to law.
112	(b) Agency head or head of the agency--The highest
113	policymaking authority of a public agency, as herein defined.
114	(c) Officer or public officer--An individual who in the
115	performance of his or her official duties is vested by law with
116	sovereign powers of government and who is either elected by the
117	people, or commissioned by the Governor and has jurisdiction
118	extending throughout the state, or any person lawfully serving
119	instead of either of the foregoing two classes of individuals as
120	initial designee or successor.
121	(d) Employee or public employee--An individual, whether
122	commissioned or not, other than an officer or authorized person
123	as defined herein, who is filling a regular or full-time
124	authorized position and is responsible to an agency head.
125	(e) Authorized person--
126	1. A person other than a public officer or employee as
127	defined herein, whether elected or commissioned or not, who is
128	authorized by an agency head to incur travel expenses in the
129	performance of official duties.
130	2. A person who is called upon by an agency to contribute
131	time and services as consultant or adviser.
132	3. A person who is a candidate for an executive or
133	professional position.
134	(f) Traveler--A public officer, public employee, or
135	authorized person, when performing authorized travel.
136	(g) Travel expense, traveling expenses, necessary expenses
137	while traveling, actual expenses while traveling, or words of
138	similar nature--The usual ordinary and incidental expenditures
139	necessarily incurred by a traveler.
140	(h) Common carrier--Train, bus, commercial airline
141	operating scheduled flights, or rental cars of an established
142	rental car firm.
143	(i) Travel day--A period of 24 hours consisting of four
144	quarters of 6 hours each.
145	(j) Travel period--A period of time between the time of
146	departure and time of return.
147	(k) Class A travel--Continuous travel of 24 hours or more
148	away from official headquarters.
149	(l) Class B travel--Continuous travel of less than 24
150	hours which involves overnight absence from official
151	headquarters.
152	(m) Class C travel--Travel for short or day trips where
153	the traveler is not away from his or her official headquarters
154	overnight.
155	(n) Foreign travel--Travel outside the United States.
156	(3) AUTHORITY TO INCUR TRAVEL EXPENSES.--
157	(a) All travel must be authorized and approved by the head
158	of the agency, or his or her designated representative, from
159	whose funds the traveler is paid. The head of the agency shall
160	not authorize or approve such a request unless it is accompanied
161	by a signed statement by the traveler's supervisor stating that
162	such travel is on the official business of the state and also
163	stating the purpose of such travel.
164	(b) Travel expenses of travelers shall be limited to those
165	expenses necessarily incurred by them in the performance of a
166	public purpose authorized by law to be performed by the agency
167	and must be within the limitations prescribed by this section.
168	(c) Travel by public officers or employees serving
169	temporarily in behalf of another agency or partly in behalf of
170	more than one agency at the same time, or authorized persons who
171	are called upon to contribute time and services as consultants
172	or advisers, may be authorized by the agency head. Complete
173	explanation and justification must be shown on the travel
174	expense voucher or attached thereto.
175	(d) Travel expenses of public employees for the sole
176	purpose of taking merit system or other job placement
177	examinations, written or oral, shall not be allowed under any
178	circumstances, except that upon prior written approval of the
179	agency head or his or her designee, candidates for executive or
180	professional positions may be allowed travel expenses pursuant
181	to this section.
182	(e) The agency head, or a designated representative, may
183	pay by advancement or reimbursement, or a combination thereof,
184	the costs of per diem of travelers and authorized personsfor
185	foreign travel at the current rates as specified in the federal
186	publication "Standardized Regulations (Government Civilians,
187	Foreign Areas)" and incidental expenses as provided in this
188	section.
189	(f) A traveler who becomes sick or injured while away from
190	his or her official headquarters and is therefore unable to
191	perform the official business of the agency may continue to
192	receive subsistence as provided in subsection(6) during this
193	period of illness or injury until such time as he or she is able
194	to perform the official business of the agency or returns to his
195	or her official headquarters, whichever is earlier. Such
196	subsistence may be paid when approved by the agency head or his
197	or her designee.
198	(g) The secretary of the Department of Health or a
199	designee may authorize travel expenses incidental to the
200	rendering of medical services for and on behalf of clients of
201	the Department of Health. The Department of Health may
202	establish rates lower than the rangemaximumprovided in this
203	section for these travel expenses.
204	(4) OFFICIAL HEADQUARTERS.--The official headquarters of
205	an officer or employee assigned to an office shall be the city
206	or town in which the office is located except that:
207	(a) The official headquarters of a person located in the
208	field shall be the city or town nearest to the area where the
209	majority of the person's work is performed, or such other city,
210	town, or area as may be designated by the agency head provided
211	that in all cases such designation must be in the best interests
212	of the agency and not for the convenience of the person.
213	(b) When any state employee is stationed in any city or
214	town for a period of over 30 continuous workdays, such city or
215	town shall be deemed to be the employee's official headquarters,
216	and he or she shall not be allowed per diem or subsistence, as
217	provided in this section, after the said period of 30 continuous
218	workdays has elapsed, unless this period of time is extended by
219	the express approval of the agency head or his or her designee.
220	(c) A traveler may leave his or her assigned post to
221	return home overnight, over a weekend, or during a holiday, but
222	any time lost from regular duties shall be taken as annual leave
223	and authorized in the usual manner. The traveler shall not be
224	reimbursed for travel expenses in excess of the established rate
225	for per diem allowable had he or she remained at his or her
226	assigned post. However, when a traveler has been temporarily
227	assigned away from his or her official headquarters for an
228	approved period extending beyond 30 days, he or she shall be
229	entitled to reimbursement for travel expenses at the established
230	rate of one round trip for each 30-day period actually taken to
231	his or her home in addition to pay and allowances otherwise
232	provided.
233	(5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
234	purposes of reimbursement and methods of calculating fractional
235	days of travel, the following principles are prescribed:
236	(a) The travel day for Class A travel shall be a calendar
237	day (midnight to midnight). The travel day for Class B travel
238	shall begin at the same time as the travel period. For Class A
239	and Class B travel, the traveler shall be reimbursed one-fourth
240	of the authorized rate of per diem for each quarter, or fraction
241	thereof, of the travel day included within the travel period.
242	Class A and Class B travel shall include any assignment on
243	official business outside of regular office hours and away from
244	regular places of employment when it is considered reasonable
245	and necessary to stay overnight and for which travel expenses
246	are approved.
247	(b) A traveler shall not be reimbursed on a per diem basis
248	for Class C travel, but shall receive subsistence as provided in
249	this section, which allowance for meals shall be based on the
250	following schedule:
251	1. Breakfast--When travel begins before 6 a.m. and extends
252	beyond 8 a.m.
253	2. Lunch--When travel begins before 12 noon and extends
254	beyond 2 p.m.
255	3. Dinner--When travel begins before 6 p.m. and extends
256	beyond 8 p.m., or when travel occurs during nighttime hours due
257	to special assignment.
258
259	No allowance shall be made for meals when travel is confined to
260	the city or town of the official headquarters or immediate
261	vicinity; except assignments of official business outside the
262	traveler's regular place of employment if travel expenses are
263	approved. The Chief Financial OfficerComptrollershall
264	establish a schedule for processing Class C travel subsistence
265	payments at least on a monthly basis.
266	(c) For the 2002-2003 fiscal year only and notwithstanding
267	the other provisions of this subsection, for Class C travel, a
268	state traveler shall not be reimbursed on a per diem basis nor
269	shall a traveler receive subsistence allowance. This paragraph
270	expires July 1, 2003.
271	(6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
272	purposes of reimbursement rates and methods of calculation, per
273	diem and subsistence allowances are divided into the following
274	groups and rates:
275	(a) All travelers shall be allowed for subsistence when
276	traveling to a convention or conference or when traveling within
277	or outside the state in order to conduct bona fide state
278	business, which convention, conference, or business serves a
279	direct and lawful public purpose with relation to the public
280	agency served by the person attending such meeting or conducting
281	such business, either of the following for each day of such
282	travel at the option of the traveler:
283	1. Between $50 and $94Fifty dollars per diem for state
284	travelers, or up to $94 per diem for nonstate travelers; or
285	2. If actual expenses exceed $50, the amounts permitted in
286	paragraphs (a) andparagraph (b) for per diem andmeals, plus
287	actual expenses for lodging at a single-occupancy rate to be
288	substantiated by paid bills therefor.
289
290	When lodging or meals are provided at a state institution, the
291	traveler shall be reimbursed only for the actual expenses of
292	such lodging or meals, not to exceed the maximum provided for in
293	this subsection.
294	(b) All travelers shall be allowed the following amounts
295	for subsistence while on Class C travel on official business as
296	provided in paragraph (5)(b):
297	1. Breakfast....State travelers are allowed between $3 and
298	$5 and nonstate travelers up to $5
299	2. Lunch....State travelers are allowed between $6 and $11
300	and nonstate travelers up to $11
301	3. Dinner....State travelers are allowed between $12 and
302	$22 and nonstate travelers up to $22
303	(c) No one, whether traveling out of state or in state,
304	shall be reimbursed for any meal or lodging included in a
305	convention or conference registration fee paid by the state.
306	(d) For the 2002-2003 fiscal year only and notwithstanding
307	the other provisions of this subsection, for Class C travel, a
308	state traveler shall not be reimbursed on a per diem basis nor
309	shall a traveler receive subsistence allowance. This paragraph
310	expires July 1, 2003.
311	(7) TRANSPORTATION.--
312	(a) All travel must be by a usually traveled route. In
313	case a person travels by an indirect route for his or her own
314	convenience, any extra costs shall be borne by the traveler; and
315	reimbursement for expenses shall be based only on such charges
316	as would have been incurred by a usually traveled route. The
317	agency head or his or her designee shall designate the most
318	economical method of travel for each trip, keeping in mind the
319	following conditions:
320	1. The nature of the business.
321	2. The most efficient and economical means of travel
322	(considering time of the traveler, impact on the productivity of
323	the traveler, cost of transportation, and per diem or
324	subsistence required). When it is more efficient and economical
325	to either the traveler or the agency head, jet service offered
326	by any airline, whether on state contract or not, may be used
327	when the cost is within an approved threshold determined by the
328	agency head or his or her designee.
329	3. The number of persons making the trip and the amount of
330	equipment or material to be transported.
331	(b) The Department of Financial ServicesBanking and
332	Financemay provide any form it deems necessary to cover travel
333	requests for traveling on official business and when paid by the
334	state.
335	(c) Transportation by common carrier when traveling on
336	official business and paid for personally by the traveler, shall
337	be substantiated by a receipt therefor. Federal tax shall not
338	be reimbursable to the traveler unless the state and other
339	public agencies are also required by federal law to pay such
340	tax. In the event transportation other than the most economical
341	class as approved by the agency head is provided by a common
342	carrier on a flight check or credit card, the charges in excess
343	of the most economical class shall be refunded by the traveler
344	to the agency charged with the transportation provided in this
345	manner.
346	(d)1. The use of privately owned vehicles for official
347	travel in lieu of publicly owned vehicles or common carriers may
348	be authorized by the agency head or his or her designee.
349	Whenever travel is by privately owned vehicle:, the
350	a. A statetraveler shall be entitled to a mileage
351	allowance at a fixed rate of 29 to 3725 cents per mile;for
352	state fiscal year 1994-1995 and 29
353	b. A nonstate traveler shall be entitled to a mileage
354	allowance up to 37 cents per mile; or
355	c. The traveler shall be entitled tothereafter orthe
356	common carrier fare for such travel, as determined by the agency
357	head.
358	2.Reimbursement for expenditures related to the
359	operation, maintenance, and ownership of a vehicle shall not be
360	allowed when privately owned vehicles are used on public
361	business and reimbursement is made pursuant to this paragraph,
362	except as provided in subsection (8).
363	3.2.All mileage shall be shown from point of origin to
364	point of destination and, when possible, shall be computed on
365	the basis of the current map of the Department of
366	Transportation. Vicinity mileage necessary for the conduct of
367	official business is allowable but must be shown as a separate
368	item on the expense voucher.
369	(e) Transportation by chartered vehicles when traveling on
370	official business may be authorized by the agency head when
371	necessary or where it is to the advantage of the agency,
372	provided the cost of such transportation does not exceed the
373	cost of transportation by privately owned vehicle pursuant to
374	paragraph (d).
375	(f) The agency head or his or her designee may grant
376	monthly allowances in fixed amounts for use of privately owned
377	automobiles on official business in lieu of the mileage rate
378	provided in paragraph (d). Allowances granted pursuant to this
379	paragraph shall be reasonable, taking into account the customary
380	use of the automobile, the roads customarily traveled, and
381	whether any of the expenses incident to the operation,
382	maintenance, and ownership of the automobile are paid from funds
383	of the agency or other public funds. Such allowance may be
384	changed at any time, and shall be made on the basis of a signed
385	statement of the traveler, filed before the allowance is granted
386	or changed, and at least annually thereafter. The statement
387	shall show the places and distances for an average typical
388	month's travel on official business, and the amount that would
389	be allowed under the approved rate per mile for the travel shown
390	in the statement, if payment had been made pursuant to
391	paragraph(d).
392	(g) No contract may be entered into between a public
393	officer or employee, or any other person, and a public agency,
394	in which a depreciation allowance is used in computing the
395	amount due by the agency to the individual for the use of a
396	privately owned vehicle on official business; provided, any such
397	existing contract shall not be impaired.
398	(h) No traveler shall be allowed either mileage or
399	transportation expense when gratuitously transported by another
400	person or when transported by another traveler who is entitled
401	to mileage or transportation expense. However, a traveler on a
402	private aircraft shall be reimbursed the actual amount charged
403	and paid for the fare for such transportation up to the cost of
404	a commercial airline ticket for the same flight, even though the
405	owner or pilot of such aircraft is also entitled to
406	transportation expense for the same flight under this
407	subsection.
408	(8) OTHER EXPENSES.--
409	(a) The following incidental travel expenses of the
410	traveler may be reimbursed:
411	1. Taxi fare.
412	2. Ferry fares; and bridge, road, and tunnel tolls.
413	3. Storage or parking fees.
414	4. Communication expense.
415	5. Convention registration fee while attending a
416	convention or conference which will serve a direct public
417	purpose with relation to the public agency served by the person
418	attending such meetings. A traveler may be reimbursed the
419	actual and necessary fees for attending events which are not
420	included in a basic registration fee that directly enhance the
421	public purpose of the participation of the agency in the
422	conference. Such expenses may include, but not be limited to,
423	banquets and other meal functions. It shall be the
424	responsibility of the traveler to substantiate that the charges
425	were proper and necessary. However, any meals or lodging
426	included in the registration fee will be deducted in accordance
427	with the allowances provided in subsection (6).
428	(b) Other expenses which are not specifically authorized
429	by this section may be approved by the Department of Financial
430	ServicesBanking and Financepursuant to rules adopted by it.
431	Expenses approved pursuant to this paragraph shall be reported
432	by the Department of Financial ServicesBanking and Financeto
433	the Auditor General annually.
434	(9) RULES AND REGULATIONS.--
435	(a) The Department of Financial ServicesBanking and
436	Finance shall adoptpromulgatesuch rules and regulations,
437	including, but not limited to, the general criteria to be used
438	by a state agency to predetermine justification for attendance
439	by state officers,and employees,and authorized persons at
440	conventions and conferences, and prescribe such forms as may be
441	necessary to effectuate the purposes of this section. The
442	department may also adopt rules prescribing the proper
443	disposition and use of promotional items and rebates offered by
444	common carriers and other entities in connection with travel at
445	public expense; however, before adopting such rules, the
446	department shall consult with the appropriation committees of
447	the Legislature.
448	(b) Each state agency shall promulgate such additional
449	specific rules and regulations and specific criteria to be used
450	by it to predetermine justification for attendance by state
451	officers and employees and authorized persons at conventions and
452	conferences, not in conflict with the rules and regulations of
453	the Department of Financial ServicesBanking and Financeor with
454	the general criteria to be used by a state agency to
455	predetermine justification for attendance by state officers,and
456	employees,and authorized persons at conventions, as may be
457	necessary to effectuate the purposes of this section.
458	(10) FRAUDULENT CLAIMS.--Claims submitted pursuant to this
459	section shall not be required to be sworn to before a notary
460	public or other officer authorized to administer oaths, but any
461	claim authorized or required to be made under any provision of
462	this section shall contain a statement that the expenses were
463	actually incurred by the traveler as necessary travel expenses
464	in the performance of official duties and shall be verified by a
465	written declaration that it is true and correct as to every
466	material matter; and any person who willfully makes and
467	subscribes any such claim which he or she does not believe to be
468	true and correct as to every material matter, or who willfully
469	aids or assists in, or procures, counsels, or advises the
470	preparation or presentation under the provisions of this section
471	of a claim which is fraudulent or is false as to any material
472	matter, whether or not such falsity or fraud is with the
473	knowledge or consent of the person authorized or required to
474	present such claim, is guilty of a misdemeanor of the second
475	degree, punishable as provided in s. 775.082 or s. 775.083.
476	Whoever shall receive an allowance or reimbursement by means of
477	a false claim shall be civilly liable in the amount of the
478	overpayment for the reimbursement of the public fund from which
479	the claim was paid.
480	(11) TRAVEL AUTHORIZATION AND VOUCHER FORMS.--
481	(a) Authorization forms.--The Department of Financial
482	ServicesBanking and Financeshall furnish a uniform travel
483	authorization request form which shall be used by all state
484	officers and employees and authorized persons when requesting
485	approval for the performance of travel to a convention or
486	conference. The form shall include, but not be limited to,
487	provision for the name of each traveler, purpose of travel,
488	period of travel, estimated cost to the state, and a statement
489	of benefits accruing to the state by virtue of such travel. A
490	copy of the program or agenda of the convention or conference,
491	itemizing registration fees and any meals or lodging included in
492	the registration fee, shall be attached to, and filed with, the
493	copy of the travel authorization request form on file with the
494	agency. The form shall be signed by the traveler and by the
495	traveler's supervisor stating that the travel is to be incurred
496	in connection with official business of the state. The head of
497	the agency or his or her designated representative shall not
498	authorize or approve such request in the absence of the
499	appropriate signatures. A copy of the travel authorization form
500	shall be attached to, and become a part of, the support of the
501	agency's copy of the travel voucher.
502	(b) Voucher forms.--
503	1. The Department of Financial ServicesBanking and
504	Financeshall furnish a uniform travel voucher form which shall
505	be used by all state officers and employees and authorized
506	persons when submitting travel expense statements for approval
507	and payment. No travel expense statement shall be approved for
508	payment by the Chief Financial OfficerComptrollerunless made
509	on the form prescribed and furnished by the department. The
510	travel voucher form shall provide for, among other things, the
511	purpose of the official travel and a certification or
512	affirmation, to be signed by the traveler, indicating the truth
513	and correctness of the claim in every material matter, that the
514	travel expenses were actually incurred by the traveler as
515	necessary in the performance of official duties, that per diem
516	claimed has been appropriately reduced for any meals or lodging
517	included in the convention or conference registration fees
518	claimed by the traveler, and that the voucher conforms in every
519	respect with the requirements of this section. The original
520	copy of the executed uniform travel authorization request form
521	shall be attached to the uniform travel voucher on file with the
522	respective agency.
523	2. Statements for travel expenses incidental to the
524	rendering of medical services for and on behalf of clients of
525	the Department of Health shall be on forms approved by the
526	Department of Financial ServicesBanking and Finance.
527	(12) ADVANCEMENTS.--Notwithstanding any of the foregoing
528	restrictions and limitations, an agency head or his or her
529	designee may make, or authorize the making of, advances to cover
530	anticipated costs of travel to travelers. Such advancements may
531	include the costs of subsistence and travel of any person
532	transported in the care or custody of the traveler in the
533	performance of his or her duties.
534	(13) DIRECT PAYMENT OF EXPENSES BY AGENCY.--Whenever an
535	agency requires an employee to incur either Class A or Class B
536	travel on emergency notice to the traveler, such traveler may
537	request the agency to pay his or her expenses for meals and
538	lodging directly to the vendor, and the agency may pay the
539	vendor the actual expenses for meals and lodging during the
540	travel period, limited to an amount not to exceed that
541	authorized pursuant to this section. In emergency situations,
542	the agency head or his or her designee may authorize an increase
543	in the amount paid for a specific meal, provided that the total
544	daily cost of meals does not exceed the total amount authorized
545	for meals each day. The agency head or his or her designee may
546	also grant prior approval for a state agency to make direct
547	payments of travel expenses in other situations that result in
548	cost savings to the state, and such cost savings shall be
549	documented in the voucher submitted to the Chief Financial
550	OfficerComptrollerfor the direct payment of travel expenses.
551	The provisions of this subsection shall not be deemed to apply
552	to any legislator or to any employee of the Legislature.
553	(14) TRAVEL REIMBURSEMENT RANGES AND ADJUSTMENTS.--
554	(a) For the 2002-2003 fiscal year, state travelers may
555	receive no more than the minimum amounts for per diem as
556	provided in subparagraph(6)(a)1., subsistence as provided in
557	paragraph (6)(b), and mileage as provided in subparagraph
558	(7)(d)1.
559	(b) On or before June 30, 2003, and annually thereafter,
560	the specific amounts to be paid, selected from the ranges
561	specified in this section, during the following fiscal year to
562	state travelers for per diem as provided in subparagraph
563	(6)(a)1., subsistence as provided in paragraph (6)(b), and
564	mileage as provided in subparagraph (7)(d)1., shall be
565	established as follows:
566	1. The Attorney General shall establish amounts that apply
567	uniformly to all travel by the Department of Legal Affairs;
568	2. The Chief Financial Officer shall establish amounts
569	that apply uniformly to all travel by the Department of
570	Financial Services;
571	3. The Commissioner of Agriculture shall establish amounts
572	that apply uniformly to all travel by the Department of
573	Agriculture;
574	4. The Governor shall establish amounts that apply
575	uniformly to all travel by executive branch agencies, except as
576	otherwise provided in this paragraph;
577	5. The presiding officers of the Legislature shall
578	establish amounts that apply uniformly to all travel by
579	legislative branch agencies; and
580	6. The Chief Justice of the State Supreme Court shall
581	establish amounts that apply uniformly to all travel by judicial
582	branch agencies.
583	(c) On June 1, 2005, and annually thereafter, the
584	Department of Financial Services shall, by rule, adjust the
585	amounts for per diem provided in subparagraph (6)(a)1., the
586	amounts for subsistence provided in paragraph(6)(b), and the
587	amounts for mileage provided in subparagraph (7)(d)1. to reflect
588	the percentage change in the Consumer Price Index for All Urban
589	Consumers, U.S. City Average since June 1, 2003. The annually
590	adjusted amounts shall be rounded downward to the nearest whole
591	dollar for per diem and subsistence and to the nearest whole
592	cent for mileage, and shall be effective for the following
593	fiscal year.
594	(15) APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
595	SCHOOL BOARDS, AND SPECIAL DISTRICTS.--
596	(a) Rates that exceed the maximum travel reimbursement
597	rates for nonstate travelers specified in s. 112.061(6)(a) for
598	per diem, in s. 112.061(6)(b) for subsistence, and in s.
599	112.061(7)(d)1. for mileage may be established by:
600	1. The governing body of a county by the enactment of an
601	ordinance or resolution;
602	2. A county constitutional officer, pursuant to Article
603	VIII, s. 1(d) of the State Constitution, by the establishment of
604	written policy;
605	3. The governing body of a district school board by the
606	adoption of rules; or
607	4. The governing body of a special district, as defined in
608	s. 189.403(1), except those special districts that are subject
609	to s. 166.021(10), by the enactment of a resolution.
610	(b) Rates established pursuant to paragraph (15)(a) must
611	apply uniformly to all travel by the county, county
612	constitutional officer and entity governed by that officer,
613	district school board, or special district.
614	(c) Except as otherwise provided in this subsection,
615	counties, county constitutional officers and entities governed
616	by those officers, district school boards, and special
617	districts, other than those subject to s. 166.021(10), remain
618	subject to the requirements of this section.
619	Section 3. This act shall take effect upon becoming a law
620	and section 166.021(10)(a) and(b), Florida Statutes, as created
621	in section 1, of this act shall apply retroactively to January
622	1, 2003.
623
624	================= T I T L E A M E N D M E N T =================
625	Remove the entire title, and insert:
626	A bill to be entitled
627	An act relating to governmental per diem and travel
628	expenses; amending s. 166.021, F.S.; providing
629	definitions; authorizing municipalities and agencies
630	thereof to adopt per diem and travel expense policies for
631	travelers, notwithstanding s. 112.061, F.S.; providing for
632	retroactive application; providing for applicability of s.
633	112.061, F.S., if per diem and travel expense policies are
634	or are not adopted; providing for offenses related to
635	false or fraudulent travel claims; providing misdemeanor
636	penalties; providing for civil liability; amending s.
637	112.061, F.S.; establishing per diem and subsistence
638	ranges for travel expenses of public employees; conforming
639	provisions and deleting obsolete provisions; specifying
640	agency head responsibilities to establish state traveler
641	rates; providing for future adjustments of such rates;
642	providing that counties, county officers, district school
643	boards, and certain special districts may increase
644	specified rates; providing effective dates.
645
646	WHEREAS, the Municipal Home Rule Powers Act, chapter 166,
647	Florida Statutes, provides that the governing body of each
648	municipality has the power to enact legislation concerning any
649	subject matter upon which the Legislature may act, and
650	WHEREAS, the Florida Attorney General, in AGO 1974-18,
651	stated that municipalities, under the Municipal Home Rule Powers
652	Act, have the home rule powers to enact per diem and travel
653	allowances that vary from those specified in section 112.061,
654	Florida Statutes, and
655	WHEREAS, numerous municipalities in the state have relied
656	on the grant of home rule powers and AGO 1974-18 to enact
657	reasonable per diem and travel allowances as determined by the
658	governing body of the municipality, and
659	WHEREAS, the Florida Attorney General, in AGO 2003-01, has
660	essentially reversed the opinion set forth in AGO 1974-18 and
661	has now stated that section 112.061, Florida Statutes, applies
662	to municipalities and controls the maximum rate of per diem and
663	other allowances paid to officers, employees, or others
664	authorized to act on behalf of the municipality, and
665	WHEREAS, AGO 2003-01 clearly violates the intent of the
666	Municipal Home Rule Powers Act, and places municipalities that
667	have relied on AGO 1974-18 into the position of having to repeal
668	their policies on reasonable per diem and travel allowances in
669	order to comply with AGO 2003-01, NOW, THEREFORE,