Senate Bill sb1904c1

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    Florida Senate - 2004                           CS for SB 1904

    By the Committee on Governmental Oversight and Productivity;
    and Senator Lawson




    302-2020-04

  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, subsistence, and mileage

  5         ranges 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), subsection (6), paragraph (d)

14  of subsection (7), and subsection (11) of section 112.061,

15  Florida Statutes, are amended, and subsection (15) is added to

16  that section, to read:

17         112.061  Per diem and travel expenses of public

18  officers, employees, and authorized persons.--

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

20  conflicts, inconsistencies, and lapses in the numerous laws

21  regulating or attempting to regulate travel expenses of public

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

23  is the intent of the Legislature:

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

25  reimbursement ranges for state agencies, maximum travel

26  reimbursement rates for nonstate public agencies, and

27  limitations for all public agencies, with certain justifiable

28  exceptions, applicable to all public travelers officers,

29  employees, and authorized persons whose travel expenses are

30  paid by a public agency.

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

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    Florida Senate - 2004                           CS for SB 1904
    302-2020-04




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

 2  may pay by advancement or reimbursement, or a combination

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

 4  persons for foreign travel at the current rates as specified

 5  in the federal publication "Standardized Regulations

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

 7  as provided in this section.

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

 9  designee may authorize travel expenses incidental to the

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

11  the Department of Health. The Department of Health may

12  establish rates lower than the range maximum provided in this

13  section for these travel expenses.

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

15  purposes of reimbursement rates and methods of calculation,

16  per diem and subsistence allowances are divided into the

17  following groups and rates:

18         (a)  All travelers shall be allowed for subsistence

19  when traveling to a convention or conference or when traveling

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

21  state business, which convention, conference, or business

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

23  public agency served by the person attending such meeting or

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

25  of such travel at the option of the traveler:

26         1.  Between $50 and $96 Fifty dollars per diem for

27  state travelers or up to $96 for nonstate travelers; or

28         2.  If actual expenses exceed the amount permitted in

29  subparagraph 1. $50, the amounts permitted in paragraph (b)

30  for subsistence meals, plus actual expenses for lodging at a

31  

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    Florida Senate - 2004                           CS for SB 1904
    302-2020-04




 1  single-occupancy rate, to be substantiated by paid bills

 2  therefor.

 3  

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

 5  traveler shall be reimbursed only for the actual expenses of

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

 7  in this subsection.

 8         (b)  All travelers shall be allowed the following

 9  amounts for subsistence while on Class C travel on official

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

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

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

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

14  $11 and nonstate travelers up to $11.

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

16  and $23 and nonstate travelers up to $23.

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

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

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

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

21  notwithstanding the other provisions of this subsection, for

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

23  per diem basis nor shall a traveler receive subsistence

24  allowance. This paragraph expires July 1, 2004.

25         (7)  TRANSPORTATION.--

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

27  travel in lieu of publicly owned vehicles or common carriers

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

29  Whenever travel is by privately owned vehicle:

30  

31  

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    Florida Senate - 2004                           CS for SB 1904
    302-2020-04




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

 2  mileage allowance at a fixed rate of 29 to 38 25 cents per

 3  mile;

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

 5  allowance of up to 38 for state fiscal year 1994-1995 and 29

 6  cents per mile; or

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

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

 9  agency head.

10         2.  Reimbursement for expenditures related to the

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

12  be allowed when privately owned vehicles are used on public

13  business and reimbursement is made pursuant to this paragraph,

14  except as provided in subsection (8).

15         3.2.  All mileage shall be shown from point of origin

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

17  on the basis of the current map of the Department of

18  Transportation. Vicinity mileage necessary for the conduct of

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

20  item on the expense voucher.

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

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

23  Services shall furnish a uniform travel authorization request

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

25  and authorized persons when requesting approval for the

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

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

28  of each traveler, purpose of travel, period of travel,

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

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

31  program or agenda of the convention or conference, itemizing

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    Florida Senate - 2004                           CS for SB 1904
    302-2020-04




 1  registration fees and any meals or lodging included in the

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

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

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

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

 6  incurred in connection with official business of the state.

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

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

 9  the appropriate signatures. A copy of the travel authorization

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

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

12         (b)  Voucher forms.--

13         1.  The Department of Financial Services shall furnish

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

15  officers, and employees, and authorized persons when

16  submitting travel expense statements for approval and payment.

17  No travel expense statement shall be approved for payment by

18  the Chief Financial Officer unless made on the form prescribed

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

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

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

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

23  every material matter, that the travel expenses were actually

24  incurred by the traveler as necessary in the performance of

25  official duties, that per diem claimed has been appropriately

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

27  conference registration fees claimed by the traveler, and that

28  the voucher conforms in every respect with the requirements of

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

30  authorization request form shall be attached to the uniform

31  travel voucher on file with the respective agency.

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    Florida Senate - 2004                           CS for SB 1904
    302-2020-04




 1         2.  Statements for travel expenses incidental to the

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

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

 4  Department of Financial Services.

 5         (15)  STATE TRAVEL REIMBURSEMENT RANGES AND

 6  ADJUSTMENTS.--

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

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

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

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

11  (7)(d)1.

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

13  thereafter, the specific amount to be paid during the

14  following fiscal year to state travelers 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. shall be established as follows:

18         1.  The Attorney General shall establish amounts that

19  apply uniformly to all travel by the Department of Legal

20  Affairs.

21         2.  The Chief Financial Officer shall establish amounts

22  that apply uniformly to all travel by the Department of

23  Financial Services.

24         3.  The Commissioner of Agriculture shall establish

25  amounts that apply uniformly to all travel by the Department

26  of Agriculture and Consumer Services.

27         4.  The Governor shall establish amounts that apply

28  uniformly to all travel by executive branch agencies, except

29  as otherwise provided in this paragraph.

30  

31  

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    Florida Senate - 2004                           CS for SB 1904
    302-2020-04




 1         5.  The presiding officers of the Legislature shall

 2  establish amounts that apply uniformly to all travel by

 3  legislative branch agencies.

 4         6.  The Chief Justice of the Florida Supreme Court

 5  shall establish amounts that apply uniformly to all travel by

 6  judicial branch agencies.

 7         (c)  On June 1, 2005, and annually thereafter, the

 8  Department of Financial Services shall adjust by rule the

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

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

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

12  reflect the percentage change in the Consumer Price Index for

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

14  annually adjusted amounts shall be rounded downward to the

15  nearest whole dollar for per diem and subsistence and to the

16  nearest whole cent for mileage and shall be effective for the

17  following fiscal year.

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

19  

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                         Senate Bill 1904

22                                 

23  Removes bill's provision permitting reimbursement for the
    actual cost of meals. Updates maximum amounts for per diem,
24  mileage, and meals to reflect changes in the Consumer Price
    Index from the last time the amounts were legislatively
25  increased until 2003. Provides that annual adjustments by the
    Department of Financial Services begin in 2005, rather than
26  2006. Provides that adjustments for per diem and subsistence
    are to be rounded downward to the nearest dollar and for
27  mileage are to be rounded downward to the nearest cent.
    Reinstates paragraphs regarding Class C travel.
28  

29  

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