HB 0221

CS

CHAMBER ACTION

1	The Fiscal Council recommends the following:
2
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; amending s. 215.422, F.S.; deleting
13	certain references to Class C travel; providing an
14	effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Paragraph (b) of subsection (3) of section
19	110.123, Florida Statutes, is amended to read:
20	110.123  State group insurance program.--
21	(3)  STATE GROUP INSURANCE PROGRAM.--
22	(b)  It is the intent of the Legislature to offer a
23	comprehensive package of health insurance and retirement
24	benefits and a personnel system for state employees which are
25	provided in a cost-efficient and prudent manner, and to allow
26	state employees the option to choose benefit plans which best
27	suit their individual needs. Therefore, the state group
28	insurance program is established which may include the state
29	group health insurance plan or plans, health maintenance
30	organization plans, group life insurance plans, group accidental
31	death and dismemberment plans, and group disability insurance
32	plans. Any provider of health coverage or benefits to state
33	employees under the state health insurance program shall allow
34	those employees to have access to open magnetic resonance
35	imaging services, provided the treating physician prescribes or
36	orders those services and the cost is the same as any other
37	magnetic resonance imaging service. Furthermore, the department
38	is additionally authorized to establish and provide as part of
39	the state group insurance program any other group insurance
40	plans or coverage choices that are consistent with the
41	provisions of this section.
42	Section 2.  Paragraph (a) of subsection (1), paragraphs (e)
43	and (g) of subsection (3), paragraphs (b) and (c) of subsection
44	(5), subsection (6), paragraph (d) of subsection (7), and
45	subsection (11) of section 112.061, Florida Statutes, are
46	amended to read:
47	112.061  Per diem and travel expenses of public officers,
48	employees, and authorized persons.--
49	(1)  LEGISLATIVE INTENT.--There are inequities, conflicts,
50	inconsistencies, and lapses in the numerous laws regulating or
51	attempting to regulate travel expenses of public officers,
52	employees, and authorized persons in the state. It is the intent
53	of the Legislature:
54	(a)  To remedy same and to establish uniform travel
55	reimbursement rates for state agencies, maximum travel
56	reimbursement rates for nonstate public agencies, and
57	limitations for all public agencies, with certain justifiable
58	exceptions, applicable to all authorized travelers public
59	officers, employees, and authorized persons whose travel
60	expenses are paid by a public agency.
61	(3)  AUTHORITY TO INCUR TRAVEL EXPENSES.--
62	(e)  The agency head, or a designated representative, may
63	pay by advancement or reimbursement, or a combination thereof,
64	the costs of per diem of travelers and authorized persons for
65	foreign travel at the current rates as specified in the federal
66	publication "Standardized Regulations (Government Civilians,
67	Foreign Areas)" and incidental expenses as provided in this
68	section.
69	(g)  The secretary of the Department of Health or a
70	designee may authorize travel expenses incidental to the
71	rendering of medical services for and on behalf of clients of
72	the Department of Health. The Department of Health may establish
73	rates lower than the rate maximum provided in this section for
74	these travel expenses.
75	(5)  COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
76	purposes of reimbursement and methods of calculating fractional
77	days of travel, the following principles are prescribed:
78	(b)  A traveler shall not be reimbursed on a per diem basis
79	for Class C travel, but shall receive subsistence as provided in
80	this section, which allowance for meals shall be based on the
81	following schedule:
82	1.  Breakfast--When travel begins before 6 a.m. and extends
83	beyond 8 a.m.
84	2.  Lunch--When travel begins before 12 noon and extends
85	beyond 2 p.m.
86	3.  Dinner--When travel begins before 6 p.m. and extends
87	beyond 8 p.m., or when travel occurs during nighttime hours due
88	to special assignment.
89
90	No allowance shall be made for meals when travel is confined to
91	the city or town of the official headquarters or immediate
92	vicinity; except assignments of official business outside the
93	traveler's regular place of employment if travel expenses are
94	approved. The Chief Financial Officer shall establish a schedule
95	for processing Class C travel subsistence payments at least on a
96	monthly basis.
97	(c)  For the 2004-2005 fiscal year only and notwithstanding
98	the other provisions of this subsection, for Class C travel, a
99	state traveler shall not be reimbursed on a per diem basis nor
100	shall a traveler receive subsistence allowance. This paragraph
101	expires July 1, 2005.
102	(6)  RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
103	purposes of reimbursement rates and methods of calculation, per
104	diem and subsistence allowances are provided as follows divided
105	into the following groups and rates:
106	(a)  All travelers shall be allowed for subsistence when
107	traveling to a convention or conference or when traveling within
108	or outside the state in order to conduct bona fide state
109	business, which convention, conference, or business serves a
110	direct and lawful public purpose with relation to the public
111	agency served by the person attending such meeting or conducting
112	such business, either of the following for each day of such
113	travel at the option of the traveler:
114	1.  Ninety Fifty dollars per diem; or
115	2.  If actual expenses exceed $90 $50, the amounts
116	permitted in paragraph (b) for subsistence meals, plus actual
117	expenses for lodging at a single-occupancy rate to be
118	substantiated by paid bills therefor.
119
120	When lodging or meals are provided at a state institution, the
121	traveler shall be reimbursed only for the actual expenses of
122	such lodging or meals, not to exceed the maximum provided for in
123	this subsection.
124	(b)  All travelers shall be allowed the following amounts
125	for subsistence while on Class C travel on official business as
126	provided in paragraph (5)(b):
127	1.  Breakfast....$5 $3
128	2.  Lunch....$11 $6
129	3.  Dinner....$23 $12
130	(c)  No one, whether traveling out of state or in state,
131	shall be reimbursed for any meal or lodging included in a
132	convention or conference registration fee paid by the state.
133	(d)  For the 2004-2005 fiscal year only and notwithstanding
134	the other provisions of this subsection, For Class C travel, a
135	state traveler shall not be reimbursed on a per diem basis, nor
136	shall a traveler receive subsistence allowance. This paragraph
137	expires July 1, 2005.
138	(7)  TRANSPORTATION.--
139	(d)1.  The use of privately owned vehicles for official
140	travel in lieu of publicly owned vehicles or common carriers may
141	be authorized by the agency head or his or her designee.
142	Whenever travel is by privately owned vehicle:
143	a.  A state, the traveler shall be entitled to a mileage
144	allowance at a fixed rate of 38 25 cents per mile;
145	b.  A nonstate traveler shall be entitled to a mileage
146	allowance of 38 for state fiscal year 1994-1995 and 29 cents per
147	mile; or
148	c.  The traveler shall be entitled to thereafter or the
149	common carrier fare for such travel, if as determined by the
150	agency head to be more economical.
151	2.  Reimbursement for expenditures related to the
152	operation, maintenance, and ownership of a vehicle shall not be
153	allowed when privately owned vehicles are used on public
154	business and reimbursement is made pursuant to this paragraph,
155	except as provided in subsection (8).
156	3.2.  All mileage shall be shown from point of origin to
157	point of destination and, when possible, shall be computed on
158	the basis of the current map of the Department of
159	Transportation. Vicinity mileage necessary for the conduct of
160	official business is allowable but must be shown as a separate
161	item on the expense voucher.
162	(11)  TRAVEL AUTHORIZATION AND VOUCHER FORMS.--
163	(a)  Authorization forms.--The Department of Financial
164	Services shall furnish a uniform travel authorization request
165	form which shall be used by all state officers, and employees,
166	and authorized persons when requesting approval for the
167	performance of travel to a convention or conference. The form
168	shall include, but not be limited to, provision for the name of
169	each traveler, purpose of travel, period of travel, estimated
170	cost to the state, and a statement of benefits accruing to the
171	state by virtue of such travel. A copy of the program or agenda
172	of the convention or conference, itemizing registration fees and
173	any meals or lodging included in the registration fee, shall be
174	attached to, and filed with, the copy of the travel
175	authorization request form on file with the agency. The form
176	shall be signed by the traveler and by the traveler's supervisor
177	stating that the travel is to be incurred in connection with
178	official business of the state. The head of the agency or his or
179	her designated representative shall not authorize or approve
180	such request in the absence of the appropriate signatures. A
181	copy of the travel authorization form shall be attached to, and
182	become a part of, the support of the agency's copy of the travel
183	voucher.
184	(b)  Voucher forms.--
185	1.  The Department of Financial Services shall furnish a
186	uniform travel voucher form which shall be used by all state
187	officers, and employees, and authorized persons when submitting
188	travel expense statements for approval and payment. No travel
189	expense statement shall be approved for payment by the Chief
190	Financial Officer unless made on the form prescribed and
191	furnished by the department. The travel voucher form shall
192	provide for, among other things, the purpose of the official
193	travel and a certification or affirmation, to be signed by the
194	traveler, indicating the truth and correctness of the claim in
195	every material matter, that the travel expenses were actually
196	incurred by the traveler as necessary in the performance of
197	official duties, that per diem claimed has been appropriately
198	reduced for any meals or lodging included in the convention or
199	conference registration fees claimed by the traveler, and that
200	the voucher conforms in every respect with the requirements of
201	this section. The original copy of the executed uniform travel
202	authorization request form shall be attached to the uniform
203	travel voucher on file with the respective agency.
204	2.  Statements for travel expenses incidental to the
205	rendering of medical services for and on behalf of clients of
206	the Department of Health shall be on forms approved by the
207	Department of Financial Services.
208	Section 3.  Subsection (11) of section 215.422, Florida
209	Statutes, is amended to read:
210	215.422  Warrants, vouchers, and invoices; processing time
211	limits; dispute resolution; agency or judicial branch
212	compliance.--
213	(11)  Travel and other reimbursements to state officers and
214	employees must be the same as payments to vendors under this
215	section, except payment of Class C travel subsistence. Class C
216	travel subsistence shall be paid in accordance with the schedule
217	established by the Chief Financial Officer pursuant to s.
218	112.061(5)(b). This section does not apply to payments made to
219	state agencies, the judicial branch, or the legislative branch.
220	Section 4.  This act shall take effect July 1, 2005.

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