HOUSE AMENDMENT Bill No. HB 1493 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Anderson offered the following:
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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 neither elected
23	nor commissioned, who is authorized by a municipality or agency
24	of a municipality to incur travel expenses in the performance of
25	official duties;
26	b. Who is called upon by a municipality or agency of a
27	municipality to contribute time and services as a consultant or
28	advisor; or
29	c. Who is a candidate for an executive or professional
30	position with a municipality or agency of a municipality.
31	2. "Employee" means an individual, whether commissioned or
32	not, other than an officer or authorized person as defined in
33	this paragraph, who is filling a regular or full-time authorized
34	position and is responsible to a municipality or agency of a
35	municipality.
36	3. "Officer" means an individual who, in the performance
37	of his or her official duties, is vested by law with sovereign
38	powers of government and who is either elected by the people or
39	commissioned by the Governor and has jurisdiction extending
40	throughout the municipality, or any person lawfully serving
41	instead of either of the foregoing two classes of individuals as
42	initial designee or successor.
43	4. "Traveler" means an officer, employee, or authorized
44	person, when performing travel authorized by a municipality or
45	agency of a municipality.
46	(b) Notwithstanding s. 112.061, the governing body of a
47	municipality or an agency of a municipality may provide for a
48	per diem and travel expense policy for its travelers that varies
49	from the provisions of s. 112.061. Any such policy provided by a
50	municipality or an agency of a municipality on January 1, 2003,
51	shall be valid and in effect for that municipality or an agency
52	thereof until otherwise amended. A municipality or agency of a
53	municipality that provides any per diem and travel expense
54	policy pursuant to this subsection is exempt from all provisions
55	of s. 112.061. A municipality or agency of a municipality that
56	does not provide a per diem and travel expense policy pursuant
57	to this subsection remains subject to all provisions of s.
58	112.061.
59	(c) Travel claims submitted by a traveler in a
60	municipality or agency of a municipality that is exempted from
61	the provisions of s. 112.061 pursuant to paragraph (b) shall not
62	be required to be sworn to before a notary public or other
63	officer authorized to administer oaths, but any claim authorized
64	or required to be made under any per diem and travel expense
65	policy of a municipality or agency of a municipality must
66	contain a statement that the expenses were actually incurred by
67	the traveler as necessary travel expenses in the performance of
68	official duties and shall be verified by a written declaration
69	that it is true and correct as to every material matter, and any
70	person who willfully makes and subscribes any such claim that he
71	or she does not believe to be true and correct as to every
72	material matter, or who willfully aids or assists in, or
73	procures, counsels, or advises the preparation or presentation
74	of such a claim that is fraudulent or is false as to any
75	material matter, whether or not such falsity or fraud is with
76	the knowledge or consent of the person authorized or required to
77	present such claim, commits a misdemeanor of the second degree,
78	punishable as provided in s. 775.082 or s. 775.083. Whoever
79	receives an allowance or reimbursement by means of a false claim
80	is civilly liable in the amount of the overpayment for the
81	reimbursement of the public fund from which the claim was paid.
82	Section 2. This act shall take effect upon becoming a law
83	and shall apply retroactively to January 1, 2003.
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85	================= T I T L E A M E N D M E N T =================
86	Remove the entire title, and insert:
87	A bill to be entitled
88	An act relating to municipal per diem and travel expenses;
89	amending s. 166.021, F.S.; providing definitions;
90	authorizing municipalities and agencies of municipalities
91	to adopt per diem and travel expense policies for
92	travelers, notwithstanding s. 112.061, F.S.; providing for
93	applicability of s. 112.061, F.S., if per diem and travel
94	expense policies are or are not adopted; providing
95	misdemeanor penalties for offenses related to false or
96	fraudulent travel claims; providing for civil liability;
97	providing for retroactive application; providing an
98	effective date.
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100	WHEREAS, the Municipal Home Rule Powers Act, chapter 166,
101	Florida Statutes, provides that the governing body of each
102	municipality has the power to enact legislation concerning any
103	subject matter upon which the Legislature may act, and
104	WHEREAS, the Florida Attorney General, in AGO 1974-18,
105	stated that municipalities, under the Municipal Home Rule Powers
106	Act, have the home rule powers to enact per diem and travel
107	allowances that vary from those specified in section 112.061,
108	Florida Statutes, and
109	WHEREAS, numerous municipalities in the state have relied
110	on the grant of home rule powers and AGO 1974-18 to enact
111	reasonable per diem and travel allowances as determined by the
112	governing body of the municipality, and
113	WHEREAS, the Florida Attorney General, in AGO 2003-01, has
114	essentially reversed the opinion set forth in AGO 1974-18 and
115	has now stated that section 112.061, Florida Statutes, applies
116	to municipalities and controls the maximum rate of per diem and
117	other allowances paid to officers, employees, or others
118	authorized to act on behalf of a municipality, and
119	WHEREAS, AGO 2003-01 clearly violates the intent of the
120	Municipal Home Rule Powers Act and places municipalities that
121	have relied on AGO 1974-18 in the position of having to repeal
122	their policies on reasonable per diem and travel allowances in
123	order to comply with AGO 2003-01, NOW, THEREFORE,
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