HB 0483 2004
   
1 A bill to be entitled
2          An act relating to per diem and travel expenses; amending
3    s. 112.061, F.S.; establishing per diem and subsistence
4    ranges for travel expenses of public employees; conforming
5    provisions and deleting obsolete provisions; providing for
6    future adjustments of such rates; providing an effective
7    date.
8         
9          Be It Enacted by the Legislature of the State of Florida:
10         
11          Section 1. Paragraph (a) of subsection (1), paragraphs (e)
12    and (g) of subsection (3), paragraph (c) of subsection (5),
13    subsection (6), paragraph (d) of subsection (7), and subsection
14    (11) of section 112.061, Florida Statutes, are amended, and
15    subsection (15) is added to said section, to read:
16          112.061 Per diem and travel expenses of public officers,
17    employees, and authorized persons.--
18          (1) LEGISLATIVE INTENT.--There are inequities, conflicts,
19    inconsistencies, and lapses in the numerous laws regulating or
20    attempting to regulate travel expenses of public officers,
21    employees, and authorized persons in the state. It is the intent
22    of the Legislature:
23          (a) To remedy same and to establish uniform travel
24    reimbursement ranges for state agencies, maximum travel
25    reimbursement rates for nonstate public agencies, and
26    limitations for all public agencies, with certain justifiable
27    exceptions, applicable to all public travelers officers,
28    employees, and authorized personswhose travel expenses are paid
29    by a public agency.
30          (3) AUTHORITY TO INCUR TRAVEL EXPENSES.--
31          (e) The agency head, or a designated representative, may
32    pay by advancement or reimbursement, or a combination thereof,
33    the costs of per diem of travelers and authorized personsfor
34    foreign travel at the current rates as specified in the federal
35    publication "Standardized Regulations (Government Civilians,
36    Foreign Areas)" and incidental expenses as provided in this
37    section.
38          (g) The secretary of the Department of Health or a
39    designee may authorize travel expenses incidental to the
40    rendering of medical services for and on behalf of clients of
41    the Department of Health. The Department of Health may establish
42    rates lower than the range maximumprovided in this section for
43    these travel expenses.
44          (5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
45    purposes of reimbursement and methods of calculating fractional
46    days of travel, the following principles are prescribed:
47          (c) For the 2003-2004 fiscal year only and notwithstanding
48    the other provisions of this subsection, for Class C travel, a
49    state traveler shall not be reimbursed on a per diem basis nor
50    shall a traveler receive subsistence allowance. This paragraph
51    expires July 1, 2004.
52          (6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
53    purposes of reimbursement rates and methods of calculation, per
54    diem and subsistence allowances are divided into the following
55    groups and rates:
56          (a) All travelers shall be allowed for subsistence when
57    traveling to a convention or conference or when traveling within
58    or outside the state in order to conduct bona fide state
59    business, which convention, conference, or business serves a
60    direct and lawful public purpose with relation to the public
61    agency served by the person attending such meeting or conducting
62    such business, either of the following for each day of such
63    travel at the option of the traveler:
64          1. Between $50 and $94 Fifty dollars per diem for state
65    travelers or up to $94 for nonstate travelers; or
66          2. If actual expenses exceed $50, the amounts permitted in
67    this paragraph and paragraph (b) for per diem and meals, such
68    actual expenses for mealsplus actual expenses for lodging at a
69    single-occupancy rate,to be substantiated by paid bills
70    therefor.
71         
72          When lodging or meals are provided at a state institution, the
73    traveler shall be reimbursed only for the actual expenses of
74    such lodging or meals, not to exceed the maximum provided for in
75    this subsection.
76          (b) All travelers shall be allowed the following amounts
77    for subsistence while on Class C travel on official business as
78    provided in paragraph (5)(b):
79          1. Breakfast. State travelers are allowed between $3 and
80    $5 and nonstate travelers up to $5.
81          2. Lunch. State travelers are allowed between $6 and $11
82    and nonstate travelers up to $11.
83          3. Dinner. State travelers are allowed between $12 and
84    $22 and nonstate travelers up to $22.
85          (c) No one, whether traveling out of state or in state,
86    shall be reimbursed for any meal or lodging included in a
87    convention or conference registration fee paid by the state.
88          (d) For the 2003-2004 fiscal year only and notwithstanding
89    the other provisions of this subsection, for Class C travel, a
90    state traveler shall not be reimbursed on a per diem basis nor
91    shall a traveler receive subsistence allowance. This paragraph
92    expires July 1, 2004.
93          (7) TRANSPORTATION.--
94          (d)1. The use of privately owned vehicles for official
95    travel in lieu of publicly owned vehicles or common carriers may
96    be authorized by the agency head or his or her designee.
97    Whenever travel is by privately owned vehicle:
98          a. A state, thetraveler shall be entitled to a mileage
99    allowance at a fixed rate of 29 to 37 25 cents per mile;
100          b. A nonstate traveler shall be entitled to a mileage
101    allowance of up to 37 for state fiscal year 1994-1995 and 29
102    cents per mile; or
103          c. The traveler shall be entitled to thereafter orthe
104    common carrier fare for such travel, as determined by the agency
105    head.
106          2.Reimbursement for expenditures related to the
107    operation, maintenance, and ownership of a vehicle shall not be
108    allowed when privately owned vehicles are used on public
109    business and reimbursement is made pursuant to this paragraph,
110    except as provided in subsection (8).
111          3.2.All mileage shall be shown from point of origin to
112    point of destination and, when possible, shall be computed on
113    the basis of the current map of the Department of
114    Transportation. Vicinity mileage necessary for the conduct of
115    official business is allowable but must be shown as a separate
116    item on the expense voucher.
117          (11) TRAVEL AUTHORIZATION AND VOUCHER FORMS.--
118          (a) Authorization forms.--The Department of Financial
119    Services shall furnish a uniform travel authorization request
120    form which shall be used by all state officers, and employees,
121    and authorized persons when requesting approval for the
122    performance of travel to a convention or conference. The form
123    shall include, but not be limited to, provision for the name of
124    each traveler, purpose of travel, period of travel, estimated
125    cost to the state, and a statement of benefits accruing to the
126    state by virtue of such travel. A copy of the program or agenda
127    of the convention or conference, itemizing registration fees and
128    any meals or lodging included in the registration fee, shall be
129    attached to, and filed with, the copy of the travel
130    authorization request form on file with the agency. The form
131    shall be signed by the traveler and by the traveler's supervisor
132    stating that the travel is to be incurred in connection with
133    official business of the state. The head of the agency or his or
134    her designated representative shall not authorize or approve
135    such request in the absence of the appropriate signatures. A
136    copy of the travel authorization form shall be attached to, and
137    become a part of, the support of the agency's copy of the travel
138    voucher.
139          (b) Voucher forms.--
140          1. The Department of Financial Services shall furnish a
141    uniform travel voucher form which shall be used by all state
142    officers, and employees,and authorized persons when submitting
143    travel expense statements for approval and payment. No travel
144    expense statement shall be approved for payment by the Chief
145    Financial Officer unless made on the form prescribed and
146    furnished by the department. The travel voucher form shall
147    provide for, among other things, the purpose of the official
148    travel and a certification or affirmation, to be signed by the
149    traveler, indicating the truth and correctness of the claim in
150    every material matter, that the travel expenses were actually
151    incurred by the traveler as necessary in the performance of
152    official duties, that per diem claimed has been appropriately
153    reduced for any meals or lodging included in the convention or
154    conference registration fees claimed by the traveler, and that
155    the voucher conforms in every respect with the requirements of
156    this section. The original copy of the executed uniform travel
157    authorization request form shall be attached to the uniform
158    travel voucher on file with the respective agency.
159          2. Statements for travel expenses incidental to the
160    rendering of medical services for and on behalf of clients of
161    the Department of Health shall be on forms approved by the
162    Department of Financial Services.
163          (15) TRAVEL REIMBURSEMENT RANGES AND ADJUSTMENTS.--
164          (a) For the 2003-2004 fiscal year, state travelers may
165    receive no more than the minimum amounts for per diem as
166    provided in subparagraph (6)(a)1., subsistence as provided in
167    paragraph (6)(b), and mileage as provided in subparagraph
168    (7)(d)1.
169          (b) On or before June 30, 2004, and annually thereafter,
170    the specific amount to be paid during the following fiscal year
171    to state travelers for per diem as provided in subparagraph
172    (6)(a)1., subsistence as provided in paragraph (6)(b), and
173    mileage as provided in subparagraph (7)(d)1. shall be
174    established as follows:
175          1. The Attorney General shall establish amounts that apply
176    uniformly to all travel by the Department of Legal Affairs.
177          2. The Chief Financial Officer shall establish amounts
178    that apply uniformly to all travel by the Department of
179    Financial Services.
180          3. The Commissioner of Agriculture shall establish amounts
181    that apply uniformly to all travel by the Department of
182    Agriculture and Consumer Services.
183          4. The Governor shall establish amounts that apply
184    uniformly to all travel by executive branch agencies, except as
185    otherwise provided in this paragraph.
186          5. The presiding officers of the Legislature shall
187    establish amounts that apply uniformly to all travel by
188    legislative branch agencies.
189          6. The Chief Justice of the Florida Supreme Court shall
190    establish amounts that apply uniformly to all travel by judicial
191    branch agencies.
192          (c) On June 1, 2006, and annually thereafter, the
193    Department of Financial Services shall adjust by rule the
194    amounts for per diem provided in subparagraph (6)(a)1., the
195    amounts for subsistence provided in paragraph (6)(b), and the
196    amounts for mileage provided in subparagraph (7)(d)1. to reflect
197    the percentage change in the Consumer Price Index for All Urban
198    Consumers, U.S. City Average since June 1, 2003. The annually
199    adjusted amounts shall be rounded downward to the nearest whole
200    dollar for per diem and to the nearest whole cent for
201    subsistence and shall be effective for the following fiscal
202    year.
203          Section 2. This act shall take effect June 1, 2004.