| 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, subsistence, and |
| 4 | mileage ranges for travel expenses of public employees; |
| 5 | conforming provisions and deleting obsolete provisions; |
| 6 | providing for future adjustments of such ranges; providing |
| 7 | an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Paragraph (a) of subsection (1), paragraphs (e) |
| 12 | and (g) of subsection (3), subsection (6), paragraph (d) of |
| 13 | subsection (7), and subsection (11) of section 112.061, Florida |
| 14 | Statutes, are amended, and subsection (15) is added to said |
| 15 | 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 persons whose 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 persons for |
| 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 maximum provided in this section for |
| 43 | these travel expenses. |
| 44 | (6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For |
| 45 | purposes of reimbursement rates and methods of calculation, per |
| 46 | diem and subsistence allowances are divided into the following |
| 47 | groups and rates: |
| 48 | (a) All travelers shall be allowed for subsistence when |
| 49 | traveling to a convention or conference or when traveling within |
| 50 | or outside the state in order to conduct bona fide state |
| 51 | business, which convention, conference, or business serves a |
| 52 | direct and lawful public purpose with relation to the public |
| 53 | agency served by the person attending such meeting or conducting |
| 54 | such business, either of the following for each day of such |
| 55 | travel at the option of the traveler: |
| 56 | 1. Between $50 and $96 Fifty dollars per diem for state |
| 57 | travelers or up to $96 for nonstate travelers; or |
| 58 | 2. If actual expenses exceed the amount permitted in |
| 59 | subparagraph 1. $50, the amounts permitted in paragraph (b) for |
| 60 | subsistence meals, plus actual expenses for lodging at a single- |
| 61 | occupancy rate to be substantiated by paid bills therefor. |
| 62 |
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| 63 | When lodging or meals are provided at a state institution, the |
| 64 | traveler shall be reimbursed only for the actual expenses of |
| 65 | such lodging or meals, not to exceed the maximum provided for in |
| 66 | this subsection. |
| 67 | (b) All travelers shall be allowed the following amounts |
| 68 | for subsistence while on Class C travel on official business as |
| 69 | provided in paragraph (5)(b): |
| 70 | 1. Breakfast. State travelers are allowed between $3 and |
| 71 | $5 and nonstate travelers up to $5. |
| 72 | 2. Lunch. State travelers are allowed between $6 and $11 |
| 73 | and nonstate travelers up to $11. |
| 74 | 3. Dinner. State travelers are allowed between $12 and $23 |
| 75 | and nonstate travelers up to $23. |
| 76 | (c) No one, whether traveling out of state or in state, |
| 77 | shall be reimbursed for any meal or lodging included in a |
| 78 | convention or conference registration fee paid by the state. |
| 79 | (d) For the 2004-2005 fiscal year only and notwithstanding |
| 80 | the other provisions of this subsection, for Class C travel, a |
| 81 | state traveler shall not be reimbursed on a per diem basis nor |
| 82 | shall a traveler receive subsistence allowance. This paragraph |
| 83 | expires July 1, 2005. |
| 84 | (7) TRANSPORTATION.-- |
| 85 | (d)1. The use of privately owned vehicles for official |
| 86 | travel in lieu of publicly owned vehicles or common carriers may |
| 87 | be authorized by the agency head or his or her designee. |
| 88 | Whenever travel is by privately owned vehicle: |
| 89 | a. A state , the traveler shall be entitled to a mileage |
| 90 | allowance at a fixed rate of 29 to 38 25 cents per mile; |
| 91 | b. A nonstate traveler shall be entitled to a mileage |
| 92 | allowance of up to 38 for state fiscal year 1994-1995 and 29 |
| 93 | cents per mile; or |
| 94 | c. The traveler shall be entitled to thereafter or the |
| 95 | common carrier fare for such travel, as determined by the agency |
| 96 | head. |
| 97 | 2. Reimbursement for expenditures related to the |
| 98 | operation, maintenance, and ownership of a vehicle shall not be |
| 99 | allowed when privately owned vehicles are used on public |
| 100 | business and reimbursement is made pursuant to this paragraph, |
| 101 | except as provided in subsection (8). |
| 102 | 3.2. All mileage shall be shown from point of origin to |
| 103 | point of destination and, when possible, shall be computed on |
| 104 | the basis of the current map of the Department of |
| 105 | Transportation. Vicinity mileage necessary for the conduct of |
| 106 | official business is allowable but must be shown as a separate |
| 107 | item on the expense voucher. |
| 108 | (11) TRAVEL AUTHORIZATION AND VOUCHER FORMS.-- |
| 109 | (a) Authorization forms.--The Department of Financial |
| 110 | Services shall furnish a uniform travel authorization request |
| 111 | form which shall be used by all state officers, and employees, |
| 112 | and authorized persons when requesting approval for the |
| 113 | performance of travel to a convention or conference. The form |
| 114 | shall include, but not be limited to, provision for the name of |
| 115 | each traveler, purpose of travel, period of travel, estimated |
| 116 | cost to the state, and a statement of benefits accruing to the |
| 117 | state by virtue of such travel. A copy of the program or agenda |
| 118 | of the convention or conference, itemizing registration fees and |
| 119 | any meals or lodging included in the registration fee, shall be |
| 120 | attached to, and filed with, the copy of the travel |
| 121 | authorization request form on file with the agency. The form |
| 122 | shall be signed by the traveler and by the traveler's supervisor |
| 123 | stating that the travel is to be incurred in connection with |
| 124 | official business of the state. The head of the agency or his or |
| 125 | her designated representative shall not authorize or approve |
| 126 | such request in the absence of the appropriate signatures. A |
| 127 | copy of the travel authorization form shall be attached to, and |
| 128 | become a part of, the support of the agency's copy of the travel |
| 129 | voucher. |
| 130 | (b) Voucher forms.-- |
| 131 | 1. The Department of Financial Services shall furnish a |
| 132 | uniform travel voucher form which shall be used by all state |
| 133 | officers, and employees, and authorized persons when submitting |
| 134 | travel expense statements for approval and payment. No travel |
| 135 | expense statement shall be approved for payment by the Chief |
| 136 | Financial Officer unless made on the form prescribed and |
| 137 | furnished by the department. The travel voucher form shall |
| 138 | provide for, among other things, the purpose of the official |
| 139 | travel and a certification or affirmation, to be signed by the |
| 140 | traveler, indicating the truth and correctness of the claim in |
| 141 | every material matter, that the travel expenses were actually |
| 142 | incurred by the traveler as necessary in the performance of |
| 143 | official duties, that per diem claimed has been appropriately |
| 144 | reduced for any meals or lodging included in the convention or |
| 145 | conference registration fees claimed by the traveler, and that |
| 146 | the voucher conforms in every respect with the requirements of |
| 147 | this section. The original copy of the executed uniform travel |
| 148 | authorization request form shall be attached to the uniform |
| 149 | travel voucher on file with the respective agency. |
| 150 | 2. Statements for travel expenses incidental to the |
| 151 | rendering of medical services for and on behalf of clients of |
| 152 | the Department of Health shall be on forms approved by the |
| 153 | Department of Financial Services. |
| 154 | (15) STATE TRAVEL REIMBURSEMENT RANGES AND ADJUSTMENTS.-- |
| 155 | (a) For the 2004-2005 fiscal year, state travelers may |
| 156 | receive no more than the minimum amounts for per diem as |
| 157 | provided in subparagraph (6)(a)1., subsistence as provided in |
| 158 | paragraph (6)(b), and mileage as provided in subparagraph |
| 159 | (7)(d)1. |
| 160 | (b) On or before June 30, 2005, and annually thereafter, |
| 161 | the specific amount to be paid during the following fiscal year |
| 162 | to state travelers for per diem as provided in subparagraph |
| 163 | (6)(a)1., subsistence as provided in paragraph (6)(b), and |
| 164 | mileage as provided in subparagraph (7)(d)1. shall be |
| 165 | established as follows: |
| 166 | 1. The Attorney General shall establish amounts that apply |
| 167 | uniformly to all travel by the Department of Legal Affairs. |
| 168 | 2. The Chief Financial Officer shall establish amounts |
| 169 | that apply uniformly to all travel by the Department of |
| 170 | Financial Services. |
| 171 | 3. The Commissioner of Agriculture shall establish amounts |
| 172 | that apply uniformly to all travel by the Department of |
| 173 | Agriculture and Consumer Services. |
| 174 | 4. The Governor shall establish amounts that apply |
| 175 | uniformly to all travel by executive branch agencies, except as |
| 176 | otherwise provided in this paragraph. |
| 177 | 5. The presiding officers of the Legislature shall |
| 178 | establish amounts that apply uniformly to all travel by |
| 179 | legislative branch agencies. |
| 180 | 6. The Chief Justice of the Florida Supreme Court shall |
| 181 | establish amounts that apply uniformly to all travel by judicial |
| 182 | branch agencies. |
| 183 | (c) On June 1, 2006, and annually thereafter, the |
| 184 | Department of Financial Services shall adjust by rule the |
| 185 | amounts for per diem provided in subparagraph (6)(a)1., the |
| 186 | amounts for subsistence provided in paragraph (6)(b), and the |
| 187 | amounts for mileage provided in subparagraph (7)(d)1. to reflect |
| 188 | the percentage change in the Consumer Price Index for All Urban |
| 189 | Consumers, U.S. City Average since June 1, 2004. The annually |
| 190 | adjusted amounts shall be rounded downward to the nearest whole |
| 191 | dollar for per diem and subsistence and to the nearest whole |
| 192 | cent for mileage and shall be effective for the following fiscal |
| 193 | year. |
| 194 | Section 2. This act shall take effect June 1, 2005. |