HB 1493 2003
1	A bill to be entitled
2	An act relating to municipal per diem and travel expenses;
3	amending s. 166.021, F.S.; authorizing municipalities to
4	provide for per diem and travel expenses of its officials,
5	officers, employees, and authorized persons,
6	notwithstanding s. 112.061, F.S.; providing for
7	retroactive application; providing an effective date.
8
9	WHEREAS, the Municipal Home Rule Powers Act, chapter 166,
10	Florida Statutes, provides that the governing body of each
11	municipality has the power to enact legislation concerning any
12	subject matter upon which the Legislature may act, and
13	WHEREAS, the Florida Attorney General, in AGO 1974-18,
14	stated that municipalities, under the Municipal Home Rule Powers
15	Act, have the home rule powers to enact per diem and travel
16	allowances that vary from those specified in section 112.061,
17	Florida Statutes, and
18	WHEREAS, numerous municipalities in the state have relied
19	on the grant of home rule powers and AGO 1974-18 to enact
20	reasonable per diem and travel allowances as determined by the
21	governing body of the municipality, and
22	WHEREAS, the Florida Attorney General, in AGO 2003-01, has
23	essentially reversed the opinion set forth in AGO 1974-18 and
24	has now stated that section 112.061, Florida Statutes, applies
25	to municipalities and controls the maximum rate of per diem and
26	other allowances paid to officers, employees, or others
27	authorized to act on behalf of the municipality, and
28	WHEREAS, AGO 2003-01 clearly violates the intent of the
29	Municipal Home Rule Powers Act, and places municipalities that
30	have relied on AGO 1974-18 into the position of having to repeal
31	their policies on reasonable per diem and travel allowances in
32	order to comply with AGO 2003-01, NOW, THEREFORE,
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1. Subsection (10) is added to section 166.021,
37	Florida Statutes, to read:
38	166.021 Powers.--
39	(10) Notwithstanding the provisions for per diem and
40	travel expenses of public officers, employees, and authorized
41	persons set forth in s. 112.061, the governing body of a
42	municipality may provide for per diem and travel expenses of its
43	officials, officers, employees, and authorized persons as the
44	governing body determines is reasonable. Any policy on per diem
45	and travel expenses provided by a municipality on January 1,
46	2003, shall be valid and in effect for that municipality until
47	otherwise amended. If the governing body of a municipality does
48	not provide for per diem and travel expenses, the municipality
49	shall adhere to the provisions of s. 112.061.
50	Section 2. This act shall take effect upon becoming a law
51	and shall apply retroactively to January 1, 2003.
52