| 1 | The Governmental Operations Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to employee allowances; amending s. |
| 7 | 110.123, F.S.; allowing certain state employees access to |
| 8 | open magnetic resonance imaging services under certain |
| 9 | conditions; amending s. 112.061, F.S.; establishing per |
| 10 | diem, subsistence, and mileage rates for travel expenses |
| 11 | of public employees; conforming provisions and deleting |
| 12 | obsolete provisions; providing for future adjustments of |
| 13 | such rates; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Paragraph (b) of subsection (3) of section |
| 18 | 110.123, Florida Statutes, is amended to read: |
| 19 | 110.123 State group insurance program.-- |
| 20 | (3) STATE GROUP INSURANCE PROGRAM.-- |
| 21 | (b) It is the intent of the Legislature to offer a |
| 22 | comprehensive package of health insurance and retirement |
| 23 | benefits and a personnel system for state employees which are |
| 24 | provided in a cost-efficient and prudent manner, and to allow |
| 25 | state employees the option to choose benefit plans which best |
| 26 | suit their individual needs. Therefore, the state group |
| 27 | insurance program is established which may include the state |
| 28 | group health insurance plan or plans, health maintenance |
| 29 | organization plans, group life insurance plans, group accidental |
| 30 | death and dismemberment plans, and group disability insurance |
| 31 | plans. Any provider of health coverage or benefits to state |
| 32 | employees under the state health insurance program shall allow |
| 33 | those employees to have access to open magnetic resonance |
| 34 | imaging services, provided the treating physician prescribes or |
| 35 | orders those services and the cost is the same as any other |
| 36 | magnetic resonance imaging service. Furthermore, the department |
| 37 | is additionally authorized to establish and provide as part of |
| 38 | the state group insurance program any other group insurance |
| 39 | plans or coverage choices that are consistent with the |
| 40 | provisions of this section. |
| 41 | Section 2. Paragraph (a) of subsection (1), paragraphs (e) |
| 42 | and (g) of subsection (3), subsection (6), paragraph (d) of |
| 43 | subsection (7), and subsection (11) of section 112.061, Florida |
| 44 | Statutes, are amended, and subsection (15) is added to said |
| 45 | section, to read: |
| 46 | 112.061 Per diem and travel expenses of public officers, |
| 47 | employees, and authorized persons.-- |
| 48 | (1) LEGISLATIVE INTENT.--There are inequities, conflicts, |
| 49 | inconsistencies, and lapses in the numerous laws regulating or |
| 50 | attempting to regulate travel expenses of public officers, |
| 51 | employees, and authorized persons in the state. It is the intent |
| 52 | of the Legislature: |
| 53 | (a) To remedy same and to establish uniform travel |
| 54 | reimbursement rates for state agencies, maximum travel |
| 55 | reimbursement rates for nonstate public agencies, and |
| 56 | limitations for all public agencies, with certain justifiable |
| 57 | exceptions, applicable to all authorized travelers public |
| 58 | officers, employees, and authorized persons whose travel |
| 59 | expenses are paid by a public agency. |
| 60 | (3) AUTHORITY TO INCUR TRAVEL EXPENSES.-- |
| 61 | (e) The agency head, or a designated representative, may |
| 62 | pay by advancement or reimbursement, or a combination thereof, |
| 63 | the costs of per diem of travelers and authorized persons for |
| 64 | foreign travel at the current rates as specified in the federal |
| 65 | publication "Standardized Regulations (Government Civilians, |
| 66 | Foreign Areas)" and incidental expenses as provided in this |
| 67 | section. |
| 68 | (g) The secretary of the Department of Health or a |
| 69 | designee may authorize travel expenses incidental to the |
| 70 | rendering of medical services for and on behalf of clients of |
| 71 | the Department of Health. The Department of Health may establish |
| 72 | rates lower than the rate maximum provided in this section for |
| 73 | these travel expenses. |
| 74 | (6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For |
| 75 | purposes of reimbursement rates and methods of calculation, per |
| 76 | diem and subsistence allowances are provided as follows divided |
| 77 | into the following groups and rates: |
| 78 | (a) All travelers shall be allowed for subsistence when |
| 79 | traveling to a convention or conference or when traveling within |
| 80 | or outside the state in order to conduct bona fide state |
| 81 | business, which convention, conference, or business serves a |
| 82 | direct and lawful public purpose with relation to the public |
| 83 | agency served by the person attending such meeting or conducting |
| 84 | such business, either of the following for each day of such |
| 85 | travel at the option of the traveler: |
| 86 | 1. For fiscal year 2005-2006, a per diem rate of $90 which |
| 87 | shall be adjusted annually thereafter pursuant to subsection |
| 88 | (15). However, in no case may the state-established per diem |
| 89 | rate exceed the standard federal per diem rate for the |
| 90 | continental United States Fifty dollars per diem; or |
| 91 | 2. If actual expenses exceed the amount permitted in |
| 92 | subparagraph 1. $50, the amounts permitted in paragraph (b) for |
| 93 | subsistence meals, plus actual expenses for lodging at a single- |
| 94 | occupancy rate to be substantiated by paid bills therefor. |
| 95 |
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| 96 | When lodging or meals are provided at a state institution, the |
| 97 | traveler shall be reimbursed only for the actual expenses of |
| 98 | such lodging or meals, not to exceed the maximum provided for in |
| 99 | this subsection. |
| 100 | (b) All travelers shall be allowed the following amounts |
| 101 | for subsistence while on Class C travel on official business as |
| 102 | provided in paragraph (5)(b): |
| 103 | 1. For breakfast, state travelers and nonstate travelers |
| 104 | are allowed $5 for fiscal year 2005-2006 and thereafter as |
| 105 | adjusted annually pursuant to subsection (15). $3 |
| 106 | 2. For lunch, state travelers and nonstate travelers are |
| 107 | allowed $11 for fiscal year 2005-2006 and thereafter as adjusted |
| 108 | annually pursuant to subsection (15). $6 |
| 109 | 3. For dinner, state travelers and nonstate travelers are |
| 110 | allowed $23 for fiscal year 2005-2006 and thereafter as adjusted |
| 111 | annually pursuant to subsection (15). $12 |
| 112 | (c) No one, whether traveling out of state or in state, |
| 113 | shall be reimbursed for any meal or lodging included in a |
| 114 | convention or conference registration fee paid by the state. |
| 115 | (d) For the 2004-2005 fiscal year only and notwithstanding |
| 116 | the other provisions of this subsection, for Class C travel, a |
| 117 | state traveler shall not be reimbursed on a per diem basis nor |
| 118 | shall a traveler receive subsistence allowance. This paragraph |
| 119 | expires July 1, 2005. |
| 120 | (7) TRANSPORTATION.-- |
| 121 | (d)1. The use of privately owned vehicles for official |
| 122 | travel in lieu of publicly owned vehicles or common carriers may |
| 123 | be authorized by the agency head or his or her designee. |
| 124 | Whenever travel is by privately owned vehicle: |
| 125 | a. A state, the traveler shall be entitled to a mileage |
| 126 | allowance at a fixed rate of 38 25 cents per mile; |
| 127 | b. A nonstate traveler shall be entitled to a mileage |
| 128 | allowance of 38 for state fiscal year 1994-1995 and 29 cents per |
| 129 | mile; or |
| 130 | c. The traveler shall be entitled to thereafter or the |
| 131 | common carrier fare for such travel, if as determined by the |
| 132 | agency head to be more economical. |
| 133 | 2. Reimbursement for expenditures related to the |
| 134 | operation, maintenance, and ownership of a vehicle shall not be |
| 135 | allowed when privately owned vehicles are used on public |
| 136 | business and reimbursement is made pursuant to this paragraph, |
| 137 | except as provided in subsection (8). |
| 138 | 3.2. All mileage shall be shown from point of origin to |
| 139 | point of destination and, when possible, shall be computed on |
| 140 | the basis of the current map of the Department of |
| 141 | Transportation. Vicinity mileage necessary for the conduct of |
| 142 | official business is allowable but must be shown as a separate |
| 143 | item on the expense voucher. |
| 144 | (11) TRAVEL AUTHORIZATION AND VOUCHER FORMS.-- |
| 145 | (a) Authorization forms.--The Department of Financial |
| 146 | Services shall furnish a uniform travel authorization request |
| 147 | form which shall be used by all state officers, and employees, |
| 148 | and authorized persons when requesting approval for the |
| 149 | performance of travel to a convention or conference. The form |
| 150 | shall include, but not be limited to, provision for the name of |
| 151 | each traveler, purpose of travel, period of travel, estimated |
| 152 | cost to the state, and a statement of benefits accruing to the |
| 153 | state by virtue of such travel. A copy of the program or agenda |
| 154 | of the convention or conference, itemizing registration fees and |
| 155 | any meals or lodging included in the registration fee, shall be |
| 156 | attached to, and filed with, the copy of the travel |
| 157 | authorization request form on file with the agency. The form |
| 158 | shall be signed by the traveler and by the traveler's supervisor |
| 159 | stating that the travel is to be incurred in connection with |
| 160 | official business of the state. The head of the agency or his or |
| 161 | her designated representative shall not authorize or approve |
| 162 | such request in the absence of the appropriate signatures. A |
| 163 | copy of the travel authorization form shall be attached to, and |
| 164 | become a part of, the support of the agency's copy of the travel |
| 165 | voucher. |
| 166 | (b) Voucher forms.-- |
| 167 | 1. The Department of Financial Services shall furnish a |
| 168 | uniform travel voucher form which shall be used by all state |
| 169 | officers, and employees, and authorized persons when submitting |
| 170 | travel expense statements for approval and payment. No travel |
| 171 | expense statement shall be approved for payment by the Chief |
| 172 | Financial Officer unless made on the form prescribed and |
| 173 | furnished by the department. The travel voucher form shall |
| 174 | provide for, among other things, the purpose of the official |
| 175 | travel and a certification or affirmation, to be signed by the |
| 176 | traveler, indicating the truth and correctness of the claim in |
| 177 | every material matter, that the travel expenses were actually |
| 178 | incurred by the traveler as necessary in the performance of |
| 179 | official duties, that per diem claimed has been appropriately |
| 180 | reduced for any meals or lodging included in the convention or |
| 181 | conference registration fees claimed by the traveler, and that |
| 182 | the voucher conforms in every respect with the requirements of |
| 183 | this section. The original copy of the executed uniform travel |
| 184 | authorization request form shall be attached to the uniform |
| 185 | travel voucher on file with the respective agency. |
| 186 | 2. Statements for travel expenses incidental to the |
| 187 | rendering of medical services for and on behalf of clients of |
| 188 | the Department of Health shall be on forms approved by the |
| 189 | Department of Financial Services. |
| 190 | (15) STATE TRAVEL REIMBURSEMENT RATES AND ADJUSTMENTS.--On |
| 191 | or before June 30, 2006, and annually thereafter, the Chief |
| 192 | Financial Officer shall establish and publish the uniform |
| 193 | subsistence amounts and per diem rates applicable for the next |
| 194 | fiscal year, adjusted to reflect the percentage change in the |
| 195 | Consumer Price Index for All Urban Consumers, U.S. City Average |
| 196 | since June 1, 2004. However, the per diem rate may not exceed |
| 197 | the standard federal per diem rate for the continental United |
| 198 | States as published by the General Services Administration for |
| 199 | the applicable year. |
| 200 | Section 3. This act shall take effect July 1, 2005. |