HB 0221CS

CHAMBER ACTION




1The Governmental Operations Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to employee allowances; amending s.
7110.123, F.S.; allowing certain state employees access to
8open magnetic resonance imaging services under certain
9conditions; amending s. 112.061, F.S.; establishing per
10diem, subsistence, and mileage rates for travel expenses
11of public employees; conforming provisions and deleting
12obsolete provisions; providing for future adjustments of
13such rates; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Paragraph (b) of subsection (3) of section
18110.123, 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
22comprehensive package of health insurance and retirement
23benefits and a personnel system for state employees which are
24provided in a cost-efficient and prudent manner, and to allow
25state employees the option to choose benefit plans which best
26suit their individual needs. Therefore, the state group
27insurance program is established which may include the state
28group health insurance plan or plans, health maintenance
29organization plans, group life insurance plans, group accidental
30death and dismemberment plans, and group disability insurance
31plans. Any provider of health coverage or benefits to state
32employees under the state health insurance program shall allow
33those employees to have access to open magnetic resonance
34imaging services, provided the treating physician prescribes or
35orders those services and the cost is the same as any other
36magnetic resonance imaging service. Furthermore, the department
37is additionally authorized to establish and provide as part of
38the state group insurance program any other group insurance
39plans or coverage choices that are consistent with the
40provisions of this section.
41     Section 2.  Paragraph (a) of subsection (1), paragraphs (e)
42and (g) of subsection (3), subsection (6), paragraph (d) of
43subsection (7), and subsection (11) of section 112.061, Florida
44Statutes, are amended, and subsection (15) is added to said
45section, to read:
46     112.061  Per diem and travel expenses of public officers,
47employees, and authorized persons.--
48     (1)  LEGISLATIVE INTENT.--There are inequities, conflicts,
49inconsistencies, and lapses in the numerous laws regulating or
50attempting to regulate travel expenses of public officers,
51employees, and authorized persons in the state. It is the intent
52of the Legislature:
53     (a)  To remedy same and to establish uniform travel
54reimbursement rates for state agencies, maximum travel
55reimbursement rates for nonstate public agencies, and
56limitations for all public agencies, with certain justifiable
57exceptions, applicable to all authorized travelers public
58officers, employees, and authorized persons whose travel
59expenses are paid by a public agency.
60     (3)  AUTHORITY TO INCUR TRAVEL EXPENSES.--
61     (e)  The agency head, or a designated representative, may
62pay by advancement or reimbursement, or a combination thereof,
63the costs of per diem of travelers and authorized persons for
64foreign travel at the current rates as specified in the federal
65publication "Standardized Regulations (Government Civilians,
66Foreign Areas)" and incidental expenses as provided in this
67section.
68     (g)  The secretary of the Department of Health or a
69designee may authorize travel expenses incidental to the
70rendering of medical services for and on behalf of clients of
71the Department of Health. The Department of Health may establish
72rates lower than the rate maximum provided in this section for
73these travel expenses.
74     (6)  RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
75purposes of reimbursement rates and methods of calculation, per
76diem and subsistence allowances are provided as follows divided
77into the following groups and rates:
78     (a)  All travelers shall be allowed for subsistence when
79traveling to a convention or conference or when traveling within
80or outside the state in order to conduct bona fide state
81business, which convention, conference, or business serves a
82direct and lawful public purpose with relation to the public
83agency served by the person attending such meeting or conducting
84such business, either of the following for each day of such
85travel at the option of the traveler:
86     1.  For fiscal year 2005-2006, a per diem rate of $90 which
87shall be adjusted annually thereafter pursuant to subsection
88(15). However, in no case may the state-established per diem
89rate exceed the standard federal per diem rate for the
90continental United States Fifty dollars per diem; or
91     2.  If actual expenses exceed the amount permitted in
92subparagraph 1. $50, the amounts permitted in paragraph (b) for
93subsistence meals, plus actual expenses for lodging at a single-
94occupancy rate to be substantiated by paid bills therefor.
95
96When lodging or meals are provided at a state institution, the
97traveler shall be reimbursed only for the actual expenses of
98such lodging or meals, not to exceed the maximum provided for in
99this subsection.
100     (b)  All travelers shall be allowed the following amounts
101for subsistence while on Class C travel on official business as
102provided in paragraph (5)(b):
103     1.  For breakfast, state travelers and nonstate travelers
104are allowed $5 for fiscal year 2005-2006 and thereafter as
105adjusted annually pursuant to subsection (15). $3
106     2.  For lunch, state travelers and nonstate travelers are
107allowed $11 for fiscal year 2005-2006 and thereafter as adjusted
108annually pursuant to subsection (15). $6
109     3.  For dinner, state travelers and nonstate travelers are
110allowed $23 for fiscal year 2005-2006 and thereafter as adjusted
111annually pursuant to subsection (15). $12
112     (c)  No one, whether traveling out of state or in state,
113shall be reimbursed for any meal or lodging included in a
114convention or conference registration fee paid by the state.
115     (d)  For the 2004-2005 fiscal year only and notwithstanding
116the other provisions of this subsection, for Class C travel, a
117state traveler shall not be reimbursed on a per diem basis nor
118shall a traveler receive subsistence allowance. This paragraph
119expires July 1, 2005.
120     (7)  TRANSPORTATION.--
121     (d)1.  The use of privately owned vehicles for official
122travel in lieu of publicly owned vehicles or common carriers may
123be authorized by the agency head or his or her designee.
124Whenever travel is by privately owned vehicle:
125     a.  A state, the traveler shall be entitled to a mileage
126allowance at a fixed rate of 38 25 cents per mile;
127     b.  A nonstate traveler shall be entitled to a mileage
128allowance of 38 for state fiscal year 1994-1995 and 29 cents per
129mile; or
130     c.  The traveler shall be entitled to thereafter or the
131common carrier fare for such travel, if as determined by the
132agency head to be more economical.
133     2.  Reimbursement for expenditures related to the
134operation, maintenance, and ownership of a vehicle shall not be
135allowed when privately owned vehicles are used on public
136business and reimbursement is made pursuant to this paragraph,
137except as provided in subsection (8).
138     3.2.  All mileage shall be shown from point of origin to
139point of destination and, when possible, shall be computed on
140the basis of the current map of the Department of
141Transportation. Vicinity mileage necessary for the conduct of
142official business is allowable but must be shown as a separate
143item on the expense voucher.
144     (11)  TRAVEL AUTHORIZATION AND VOUCHER FORMS.--
145     (a)  Authorization forms.--The Department of Financial
146Services shall furnish a uniform travel authorization request
147form which shall be used by all state officers, and employees,
148and authorized persons when requesting approval for the
149performance of travel to a convention or conference. The form
150shall include, but not be limited to, provision for the name of
151each traveler, purpose of travel, period of travel, estimated
152cost to the state, and a statement of benefits accruing to the
153state by virtue of such travel. A copy of the program or agenda
154of the convention or conference, itemizing registration fees and
155any meals or lodging included in the registration fee, shall be
156attached to, and filed with, the copy of the travel
157authorization request form on file with the agency. The form
158shall be signed by the traveler and by the traveler's supervisor
159stating that the travel is to be incurred in connection with
160official business of the state. The head of the agency or his or
161her designated representative shall not authorize or approve
162such request in the absence of the appropriate signatures. A
163copy of the travel authorization form shall be attached to, and
164become a part of, the support of the agency's copy of the travel
165voucher.
166     (b)  Voucher forms.--
167     1.  The Department of Financial Services shall furnish a
168uniform travel voucher form which shall be used by all state
169officers, and employees, and authorized persons when submitting
170travel expense statements for approval and payment. No travel
171expense statement shall be approved for payment by the Chief
172Financial Officer unless made on the form prescribed and
173furnished by the department. The travel voucher form shall
174provide for, among other things, the purpose of the official
175travel and a certification or affirmation, to be signed by the
176traveler, indicating the truth and correctness of the claim in
177every material matter, that the travel expenses were actually
178incurred by the traveler as necessary in the performance of
179official duties, that per diem claimed has been appropriately
180reduced for any meals or lodging included in the convention or
181conference registration fees claimed by the traveler, and that
182the voucher conforms in every respect with the requirements of
183this section. The original copy of the executed uniform travel
184authorization request form shall be attached to the uniform
185travel voucher on file with the respective agency.
186     2.  Statements for travel expenses incidental to the
187rendering of medical services for and on behalf of clients of
188the Department of Health shall be on forms approved by the
189Department of Financial Services.
190     (15)  STATE TRAVEL REIMBURSEMENT RATES AND ADJUSTMENTS.--On
191or before June 30, 2006, and annually thereafter, the Chief
192Financial Officer shall establish and publish the uniform
193subsistence amounts and per diem rates applicable for the next
194fiscal year, adjusted to reflect the percentage change in the
195Consumer Price Index for All Urban Consumers, U.S. City Average
196since June 1, 2004. However, the per diem rate may not exceed
197the standard federal per diem rate for the continental United
198States as published by the General Services Administration for
199the applicable year.
200     Section 3.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.