Senate Bill sb1904

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 1904

    By Senator Lawson





    6-1327-04                                               See HB

  1                      A bill to be entitled

  2         An act relating to per diem and travel

  3         expenses; amending s. 112.061, F.S.;

  4         establishing per diem and subsistence ranges

  5         for travel expenses of public employees;

  6         conforming provisions and deleting obsolete

  7         provisions; providing for future adjustments of

  8         such rates; providing an effective date.

  9  

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

11  

12         Section 1.  Paragraph (a) of subsection (1), paragraphs

13  (e) and (g) of subsection (3), paragraph (c) of subsection

14  (5), subsection (6), paragraph (d) of subsection (7), and

15  subsection (11) of section 112.061, Florida Statutes, are

16  amended, and subsection (15) is added to that section, to

17  read:

18         112.061  Per diem and travel expenses of public

19  officers, employees, and authorized persons.--

20         (1)  LEGISLATIVE INTENT.--There are inequities,

21  conflicts, inconsistencies, and lapses in the numerous laws

22  regulating or attempting to regulate travel expenses of public

23  officers, employees, and authorized persons in the state. It

24  is the intent of the Legislature:

25         (a)  To remedy same and to establish uniform travel

26  reimbursement ranges for state agencies, maximum travel

27  reimbursement rates for nonstate public agencies, and

28  limitations for all public agencies, with certain justifiable

29  exceptions, applicable to all public travelers officers,

30  employees, and authorized persons whose travel expenses are

31  paid by a public agency.

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    Florida Senate - 2004                                  SB 1904
    6-1327-04                                               See HB




 1         (3)  AUTHORITY TO INCUR TRAVEL EXPENSES.--

 2         (e)  The agency head, or a designated representative,

 3  may pay by advancement or reimbursement, or a combination

 4  thereof, the costs of per diem of travelers and authorized

 5  persons for foreign travel at the current rates as specified

 6  in the federal publication "Standardized Regulations

 7  (Government Civilians, Foreign Areas)" and incidental expenses

 8  as provided in this section.

 9         (g)  The secretary of the Department of Health or a

10  designee may authorize travel expenses incidental to the

11  rendering of medical services for and on behalf of clients of

12  the Department of Health. The Department of Health may

13  establish rates lower than the range maximum provided in this

14  section for these travel expenses.

15         (5)  COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For

16  purposes of reimbursement and methods of calculating

17  fractional days of travel, the following principles are

18  prescribed:

19         (c)  For the 2003-2004 fiscal year only and

20  notwithstanding the other provisions of this subsection, for

21  Class C travel, a state traveler shall not be reimbursed on a

22  per diem basis nor shall a traveler receive subsistence

23  allowance. This paragraph expires July 1, 2004.

24         (6)  RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For

25  purposes of reimbursement rates and methods of calculation,

26  per diem and subsistence allowances are divided into the

27  following groups and rates:

28         (a)  All travelers shall be allowed for subsistence

29  when traveling to a convention or conference or when traveling

30  within or outside the state in order to conduct bona fide

31  state business, which convention, conference, or business

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    Florida Senate - 2004                                  SB 1904
    6-1327-04                                               See HB




 1  serves a direct and lawful public purpose with relation to the

 2  public agency served by the person attending such meeting or

 3  conducting such business, either of the following for each day

 4  of such travel at the option of the traveler:

 5         1.  Between $50 and $94 Fifty dollars per diem for

 6  state travelers or up to $94 for nonstate travelers; or

 7         2.  If actual expenses exceed $50, the amounts

 8  permitted in this paragraph and paragraph (b) for per diem and

 9  meals, such actual expenses for meals plus actual expenses for

10  lodging at a single-occupancy rate, to be substantiated by

11  paid bills therefor.

12  

13  When lodging or meals are provided at a state institution, the

14  traveler shall be reimbursed only for the actual expenses of

15  such lodging or meals, not to exceed the maximum provided for

16  in this subsection.

17         (b)  All travelers shall be allowed the following

18  amounts for subsistence while on Class C travel on official

19  business as provided in paragraph (5)(b):

20         1.  Breakfast.  State travelers are allowed between $3

21  and $5 and nonstate travelers up to $5.

22         2.  Lunch.  State travelers are allowed between $6 and

23  $11 and nonstate travelers up to $11.

24         3.  Dinner.  State travelers are allowed between $12

25  and $22 and nonstate travelers up to $22.

26         (c)  No one, whether traveling out of state or in

27  state, shall be reimbursed for any meal or lodging included in

28  a convention or conference registration fee paid by the state.

29         (d)  For the 2003-2004 fiscal year only and

30  notwithstanding the other provisions of this subsection, for

31  Class C travel, a state traveler shall not be reimbursed on a

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    Florida Senate - 2004                                  SB 1904
    6-1327-04                                               See HB




 1  per diem basis nor shall a traveler receive subsistence

 2  allowance. This paragraph expires July 1, 2004.

 3         (7)  TRANSPORTATION.--

 4         (d)1.  The use of privately owned vehicles for official

 5  travel in lieu of publicly owned vehicles or common carriers

 6  may be authorized by the agency head or his or her designee.

 7  Whenever travel is by privately owned vehicle:

 8         a.  A state, the traveler shall be entitled to a

 9  mileage allowance at a fixed rate of 29 to 37 25 cents per

10  mile;

11         b.  A nonstate traveler shall be entitled to a mileage

12  allowance of up to 37 for state fiscal year 1994-1995 and 29

13  cents per mile; or

14         c.  The traveler shall be entitled to thereafter or the

15  common carrier fare for such travel, as determined by the

16  agency head.

17         2.  Reimbursement for expenditures related to the

18  operation, maintenance, and ownership of a vehicle shall not

19  be allowed when privately owned vehicles are used on public

20  business and reimbursement is made pursuant to this paragraph,

21  except as provided in subsection (8).

22         3.2.  All mileage shall be shown from point of origin

23  to point of destination and, when possible, shall be computed

24  on the basis of the current map of the Department of

25  Transportation. Vicinity mileage necessary for the conduct of

26  official business is allowable but must be shown as a separate

27  item on the expense voucher.

28         (11)  TRAVEL AUTHORIZATION AND VOUCHER FORMS.--

29         (a)  Authorization forms.--The Department of Financial

30  Services shall furnish a uniform travel authorization request

31  form which shall be used by all state officers, and employees,

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    Florida Senate - 2004                                  SB 1904
    6-1327-04                                               See HB




 1  and authorized persons when requesting approval for the

 2  performance of travel to a convention or conference. The form

 3  shall include, but not be limited to, provision for the name

 4  of each traveler, purpose of travel, period of travel,

 5  estimated cost to the state, and a statement of benefits

 6  accruing to the state by virtue of such travel. A copy of the

 7  program or agenda of the convention or conference, itemizing

 8  registration fees and any meals or lodging included in the

 9  registration fee, shall be attached to, and filed with, the

10  copy of the travel authorization request form on file with the

11  agency. The form shall be signed by the traveler and by the

12  traveler's supervisor stating that the travel is to be

13  incurred in connection with official business of the state.

14  The head of the agency or his or her designated representative

15  shall not authorize or approve such request in the absence of

16  the appropriate signatures. A copy of the travel authorization

17  form shall be attached to, and become a part of, the support

18  of the agency's copy of the travel voucher.

19         (b)  Voucher forms.--

20         1.  The Department of Financial Services shall furnish

21  a uniform travel voucher form which shall be used by all state

22  officers, and employees, and authorized persons when

23  submitting travel expense statements for approval and payment.

24  No travel expense statement shall be approved for payment by

25  the Chief Financial Officer unless made on the form prescribed

26  and furnished by the department. The travel voucher form shall

27  provide for, among other things, the purpose of the official

28  travel and a certification or affirmation, to be signed by the

29  traveler, indicating the truth and correctness of the claim in

30  every material matter, that the travel expenses were actually

31  incurred by the traveler as necessary in the performance of

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    Florida Senate - 2004                                  SB 1904
    6-1327-04                                               See HB




 1  official duties, that per diem claimed has been appropriately

 2  reduced for any meals or lodging included in the convention or

 3  conference registration fees claimed by the traveler, and that

 4  the voucher conforms in every respect with the requirements of

 5  this section. The original copy of the executed uniform travel

 6  authorization request form shall be attached to the uniform

 7  travel voucher on file with the respective agency.

 8         2.  Statements for travel expenses incidental to the

 9  rendering of medical services for and on behalf of clients of

10  the Department of Health shall be on forms approved by the

11  Department of Financial Services.

12         (15)  TRAVEL REIMBURSEMENT RANGES AND ADJUSTMENTS.--

13         (a)  For the 2003-2004 fiscal year, state travelers may

14  receive no more than the minimum amounts for per diem as

15  provided in subparagraph (6)(a)1., subsistence as provided in

16  paragraph (6)(b), and mileage as provided in subparagraph

17  (7)(d)1.

18         (b)  On or before June 30, 2004, and annually

19  thereafter, the specific amount to be paid during the

20  following fiscal year to state travelers for per diem as

21  provided in subparagraph (6)(a)1., subsistence as provided in

22  paragraph (6)(b), and mileage as provided in subparagraph

23  (7)(d)1. shall be established as follows:

24         1.  The Attorney General shall establish amounts that

25  apply uniformly to all travel by the Department of Legal

26  Affairs.

27         2.  The Chief Financial Officer shall establish amounts

28  that apply uniformly to all travel by the Department of

29  Financial Services.

30  

31  

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    Florida Senate - 2004                                  SB 1904
    6-1327-04                                               See HB




 1         3.  The Commissioner of Agriculture shall establish

 2  amounts that apply uniformly to all travel by the Department

 3  of Agriculture and Consumer Services.

 4         4.  The Governor shall establish amounts that apply

 5  uniformly to all travel by executive branch agencies, except

 6  as otherwise provided in this paragraph.

 7         5.  The presiding officers of the Legislature shall

 8  establish amounts that apply uniformly to all travel by

 9  legislative branch agencies.

10         6.  The Chief Justice of the Florida Supreme Court

11  shall establish amounts that apply uniformly to all travel by

12  judicial branch agencies.

13         (c)  On June 1, 2006, and annually thereafter, the

14  Department of Financial Services shall adjust by rule the

15  amounts for per diem provided in subparagraph (6)(a)1., the

16  amounts for subsistence provided in paragraph (6)(b), and the

17  amounts for mileage provided in subparagraph (7)(d)1. to

18  reflect the percentage change in the Consumer Price Index for

19  All Urban Consumers, U.S. City Average since June 1, 2003. The

20  annually adjusted amounts shall be rounded downward to the

21  nearest whole dollar for per diem and to the nearest whole

22  cent for subsistence and shall be effective for the following

23  fiscal year.

24         Section 2.  This act shall take effect June 1, 2004.

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