Senate Bill sb0778

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    Florida Senate - 2005                                   SB 778

    By Senator Lawson





    6-267A-05

  1                      A bill to be entitled

  2         An act relating to per diem and travel

  3         expenses; amending s. 112.061, F.S.;

  4         establishing per diem, subsistence, and mileage

  5         ranges for travel expenses of public employees;

  6         conforming provisions and deleting obsolete

  7         provisions; providing for future adjustments of

  8         such rates; providing an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Paragraph (a) of subsection (1), paragraphs

13  (e) and (g) of subsection (3), subsection (6), paragraph (d)

14  of subsection (7), and subsection (11) of section 112.061,

15  Florida Statutes, are amended, and subsection (15) is added to

16  that section, to read:

17         112.061  Per diem and travel expenses of public

18  officers, employees, and authorized persons.--

19         (1)  LEGISLATIVE INTENT.--There are inequities,

20  conflicts, inconsistencies, and lapses in the numerous laws

21  regulating or attempting to regulate travel expenses of public

22  officers, employees, and authorized persons in the state. It

23  is the intent of the Legislature:

24         (a)  To remedy same and to establish uniform travel

25  reimbursement ranges for state agencies, maximum travel

26  reimbursement rates for nonstate public agencies, and

27  limitations for all public agencies, with certain justifiable

28  exceptions, applicable to all public travelers officers,

29  employees, and authorized persons whose travel expenses are

30  paid by a public agency.

31         (3)  AUTHORITY TO INCUR TRAVEL EXPENSES.--

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    Florida Senate - 2005                                   SB 778
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 1         (e)  The agency head, or a designated representative,

 2  may pay by advancement or reimbursement, or a combination

 3  thereof, the costs of per diem of travelers and authorized

 4  persons for foreign travel at the current rates as specified

 5  in the federal publication "Standardized Regulations

 6  (Government Civilians, Foreign Areas)" and incidental expenses

 7  as provided in this section.

 8         (g)  The secretary of the Department of Health or a

 9  designee may authorize travel expenses incidental to the

10  rendering of medical services for and on behalf of clients of

11  the Department of Health. The Department of Health may

12  establish rates lower than the range maximum provided in this

13  section for these travel expenses.

14         (6)  RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For

15  purposes of reimbursement rates and methods of calculation,

16  per diem and subsistence allowances are divided into the

17  following groups and rates:

18         (a)  All travelers shall be allowed for subsistence

19  when traveling to a convention or conference or when traveling

20  within or outside the state in order to conduct bona fide

21  state business, which convention, conference, or business

22  serves a direct and lawful public purpose with relation to the

23  public agency served by the person attending such meeting or

24  conducting such business, either of the following for each day

25  of such travel at the option of the traveler:

26         1.  Between $50 and $96 Fifty dollars per diem for

27  state travelers or up to $96 for nonstate travelers; or

28         2.  If actual expenses exceed the amount permitted in

29  subparagraph 1. $50, the amounts permitted in paragraph (b)

30  for subsistence meals, plus actual expenses for lodging at a

31  

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    Florida Senate - 2005                                   SB 778
    6-267A-05




 1  single-occupancy rate to be substantiated by paid bills

 2  therefor.

 3  

 4  When lodging or meals are provided at a state institution, the

 5  traveler shall be reimbursed only for the actual expenses of

 6  such lodging or meals, not to exceed the maximum provided for

 7  in this subsection.

 8         (b)  All travelers shall be allowed the following

 9  amounts for subsistence while on Class C travel on official

10  business as provided in paragraph (5)(b):

11         1.  Breakfast. State travelers are allowed $5 and

12  nonstate travelers $5. $3

13         2.  Lunch. State travelers are allowed $11 and nonstate

14  travelers $11. $6

15         3.  Dinner. State travelers are allowed $23 and

16  nonstate travelers $23. $12

17         (c)  No one, whether traveling out of state or in

18  state, shall be reimbursed for any meal or lodging included in

19  a convention or conference registration fee paid by the state.

20         (d)  For the 2004-2005 fiscal year only and

21  notwithstanding the other provisions of this subsection, for

22  Class C travel, a state traveler shall not be reimbursed on a

23  per diem basis nor shall a traveler receive subsistence

24  allowance. This paragraph expires July 1, 2005.

25         (7)  TRANSPORTATION.--

26         (d)1.  The use of privately owned vehicles for official

27  travel in lieu of publicly owned vehicles or common carriers

28  may be authorized by the agency head or his or her designee.

29  Whenever travel is by privately owned vehicle:

30         a.  A state, the traveler shall be entitled to a

31  mileage allowance at a fixed rate of 38 25 cents per mile;

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    Florida Senate - 2005                                   SB 778
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 1         b.  A nonstate traveler shall be entitled to a mileage

 2  allowance of 38 for state fiscal year 1994-1995 and 29 cents

 3  per mile; or

 4         c.  The traveler shall be entitled to thereafter or the

 5  common carrier fare for such travel, as determined by the

 6  agency head.

 7         2.  Reimbursement for expenditures related to the

 8  operation, maintenance, and ownership of a vehicle shall not

 9  be allowed when privately owned vehicles are used on public

10  business and reimbursement is made pursuant to this paragraph,

11  except as provided in subsection (8).

12         3.2.  All mileage shall be shown from point of origin

13  to point of destination and, when possible, shall be computed

14  on the basis of the current map of the Department of

15  Transportation. Vicinity mileage necessary for the conduct of

16  official business is allowable but must be shown as a separate

17  item on the expense voucher.

18         (11)  TRAVEL AUTHORIZATION AND VOUCHER FORMS.--

19         (a)  Authorization forms.--The Department of Financial

20  Services shall furnish a uniform travel authorization request

21  form which shall be used by all state officers, and employees,

22  and authorized persons when requesting approval for the

23  performance of travel to a convention or conference. The form

24  shall include, but not be limited to, provision for the name

25  of each traveler, purpose of travel, period of travel,

26  estimated cost to the state, and a statement of benefits

27  accruing to the state by virtue of such travel. A copy of the

28  program or agenda of the convention or conference, itemizing

29  registration fees and any meals or lodging included in the

30  registration fee, shall be attached to, and filed with, the

31  copy of the travel authorization request form on file with the

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    Florida Senate - 2005                                   SB 778
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 1  agency. The form shall be signed by the traveler and by the

 2  traveler's supervisor stating that the travel is to be

 3  incurred in connection with official business of the state.

 4  The head of the agency or his or her designated representative

 5  shall not authorize or approve such request in the absence of

 6  the appropriate signatures. A copy of the travel authorization

 7  form shall be attached to, and become a part of, the support

 8  of the agency's copy of the travel voucher.

 9         (b)  Voucher forms.--

10         1.  The Department of Financial Services shall furnish

11  a uniform travel voucher form which shall be used by all state

12  officers, and employees, and authorized persons when

13  submitting travel expense statements for approval and payment.

14  No travel expense statement shall be approved for payment by

15  the Chief Financial Officer unless made on the form prescribed

16  and furnished by the department. The travel voucher form shall

17  provide for, among other things, the purpose of the official

18  travel and a certification or affirmation, to be signed by the

19  traveler, indicating the truth and correctness of the claim in

20  every material matter, that the travel expenses were actually

21  incurred by the traveler as necessary in the performance of

22  official duties, that per diem claimed has been appropriately

23  reduced for any meals or lodging included in the convention or

24  conference registration fees claimed by the traveler, and that

25  the voucher conforms in every respect with the requirements of

26  this section. The original copy of the executed uniform travel

27  authorization request form shall be attached to the uniform

28  travel voucher on file with the respective agency.

29         2.  Statements for travel expenses incidental to the

30  rendering of medical services for and on behalf of clients of

31  

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    Florida Senate - 2005                                   SB 778
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 1  the Department of Health shall be on forms approved by the

 2  Department of Financial Services.

 3         (15)  STATE TRAVEL REIMBURSEMENT RANGES AND

 4  ADJUSTMENTS.--

 5         (a)  For the 2004-2005 fiscal year, state travelers may

 6  receive no more than the minimum amounts for per diem as

 7  provided in subparagraph (6)(a)1., subsistence as provided in

 8  paragraph (6)(b), and mileage as provided in subparagraph

 9  (7)(d)1.

10         (b)  On or before June 30, 2005, and annually

11  thereafter, the specific amount to be paid during the

12  following fiscal year to state travelers for per diem as

13  provided in subparagraph (6)(a)1., subsistence as provided in

14  paragraph (6)(b), and mileage as provided in subparagraph

15  (7)(d)1. shall be established as follows:

16         1.  The Attorney General shall establish amounts that

17  apply uniformly to all travel by the Department of Legal

18  Affairs.

19         2.  The Chief Financial Officer shall establish amounts

20  that apply uniformly to all travel by the Department of

21  Financial Services.

22         3.  The Commissioner of Agriculture shall establish

23  amounts that apply uniformly to all travel by the Department

24  of Agriculture and Consumer Services.

25         4.  The Governor shall establish amounts that apply

26  uniformly to all travel by executive branch agencies, except

27  as otherwise provided in this paragraph.

28         5.  The presiding officers of the Legislature shall

29  establish amounts that apply uniformly to all travel by

30  legislative branch agencies.

31  

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    Florida Senate - 2005                                   SB 778
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 1         6.  The Chief Justice of the Florida Supreme Court

 2  shall establish amounts that apply uniformly to all travel by

 3  judicial branch agencies.

 4         (c)  On June 1, 2006, and annually thereafter, the

 5  Department of Financial Services shall adjust by rule the

 6  amounts for per diem provided in subparagraph (6)(a)1., the

 7  amounts for subsistence provided in paragraph (6)(b), and the

 8  amounts for mileage provided in subparagraph (7)(d)1. to

 9  reflect the percentage change in the Consumer Price Index for

10  All Urban Consumers, U.S. City Average since June 1, 2004. The

11  annually adjusted amounts shall be rounded downward to the

12  nearest whole dollar for per diem and subsistence and to the

13  nearest whole cent for mileage and shall be effective for the

14  following fiscal year.

15         Section 2.  This act shall take effect June 1, 2005.

16  

17            *****************************************

18                          SENATE SUMMARY

19    Revises provisions relating to per diem and travel
      expenses for state employees. Increases per diem,
20    subsistence, and mileage ranges for such persons. Deletes
      obsolete provisions. Provides for annual increases in
21    such reimbursement rates. (See bill for details.)

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