Senate Bill sb0778c2

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    Florida Senate - 2005                     CS for CS for SB 778

    By the Committees on Ways and Means; Governmental Oversight
    and Productivity; and Senators Lawson, Argenziano, Campbell
    and Rich


  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         rates for travel expenses of public employees;

  6         conforming provisions and deleting obsolete

  7         provisions; providing legislative intent;

  8         requiring state agencies to submit certain

  9         information; providing an appropriation;

10         requiring the Governor to recommend a budget

11         amendment to distribute the appropriation;

12         providing an effective date.


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


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

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

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

19  Florida Statutes, are amended to read:

20         112.061  Per diem and travel expenses of public

21  officers, employees, and authorized persons.--

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

23  conflicts, inconsistencies, and lapses in the numerous laws

24  regulating or attempting to regulate travel expenses of public

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

26  is the intent of the Legislature:

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

28  reimbursement rates for state agencies, maximum travel

29  reimbursement rates for nonstate public agencies, and

30  limitations for all public agencies, with certain justifiable

31  exceptions, applicable to all authorized travelers public


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    Florida Senate - 2005                     CS for CS for SB 778

 1  officers, employees, and authorized persons whose travel

 2  expenses are paid by a public agency.


 4         (e)  The agency head, or a designated representative,

 5  may pay by advancement or reimbursement, or a combination

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

 7  persons for foreign travel at the current rates as specified

 8  in the federal publication "Standardized Regulations

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

10  as provided in this section.

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

12  designee may authorize travel expenses incidental to the

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

14  the Department of Health. The Department of Health may

15  establish rates lower than the rate maximum provided in this

16  section for these travel expenses.


18  purposes of reimbursement rates and methods of calculation,

19  per diem and subsistence allowances are provided as follows

20  divided into the following groups and rates:

21         (a)  All travelers shall be allowed for subsistence

22  when traveling to a convention or conference or when traveling

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

24  state business, which convention, conference, or business

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

26  public agency served by the person attending such meeting or

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

28  of such travel at the option of the traveler:

29         1.  Fifty dollars Per diem at the rate of $60; or

30         2.  If actual expenses exceed the amount permitted in

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


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    Florida Senate - 2005                     CS for CS for SB 778

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

 2  single-occupancy rate to be substantiated by paid bills

 3  therefor.


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

 6  traveler shall be reimbursed only for the actual expenses of

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

 8  in this subsection.

 9         (b)  All travelers shall be allowed the following

10  amounts for subsistence while on Class C travel on official

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

12         1.  Breakfast.....................................$4 $3

13         2.  Lunch.........................................$8 $6

14         3.  Dinner......................................$15 $12

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

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

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

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

19  notwithstanding the other provisions of this subsection, for

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

21  per diem basis nor shall a traveler receive subsistence

22  allowance. This paragraph expires July 1, 2005.

23         (7)  TRANSPORTATION.--

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

25  travel in lieu of publicly owned vehicles or common carriers

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

27  Whenever travel is by privately owned vehicle, the traveler

28  shall be entitled to a mileage allowance at a fixed rate of 32

29  25 cents per mile for state fiscal year 1994-1995 and 29 cents

30  per mile thereafter or the common carrier fare for such



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    Florida Senate - 2005                     CS for CS for SB 778

 1  travel, if as determined by the agency head to be more

 2  economical.

 3         2.  Reimbursement for expenditures related to the

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

 5  be allowed when privately owned vehicles are used on public

 6  business and reimbursement is made pursuant to this paragraph,

 7  except as provided in subsection (8).

 8         3.2.  All mileage shall be shown from point of origin

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

10  on the basis of the current map of the Department of

11  Transportation. Vicinity mileage necessary for the conduct of

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

13  item on the expense voucher.


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

16  Services shall furnish a uniform travel authorization request

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

18  and authorized persons when requesting approval for the

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

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

21  of each traveler, purpose of travel, period of travel,

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

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

24  program or agenda of the convention or conference, itemizing

25  registration fees and any meals or lodging included in the

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

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

28  agency. The form shall be signed by the traveler and by the

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

30  incurred in connection with official business of the state.

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


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    Florida Senate - 2005                     CS for CS for SB 778

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

 2  the appropriate signatures. A copy of the travel authorization

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

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

 5         (b)  Voucher forms.--

 6         1.  The Department of Financial Services shall furnish

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

 8  officers, and employees, and authorized persons when

 9  submitting travel expense statements for approval and payment.

10  No travel expense statement shall be approved for payment by

11  the Chief Financial Officer unless made on the form prescribed

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

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

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

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

16  every material matter, that the travel expenses were actually

17  incurred by the traveler as necessary in the performance of

18  official duties, that per diem claimed has been appropriately

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

20  conference registration fees claimed by the traveler, and that

21  the voucher conforms in every respect with the requirements of

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

23  authorization request form shall be attached to the uniform

24  travel voucher on file with the respective agency.

25         Section 2.  It is the intent of the Legislature that

26  travel reimbursement rates be set at reasonable rates so that

27  travelers are adequately compensated for necessary expenses

28  incurred while conducting public business.  Recognizing that

29  adequate information does not exist to fully address this

30  issue at this time, the Legislature directs:



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    Florida Senate - 2005                     CS for CS for SB 778

 1         (1)  For fiscal year 2005-2006, each state agency to

 2  submit to the Legislative Budget Commission quarterly reports

 3  regarding the travel expenses incurred by the agency.  The

 4  agency shall detail expenses for mileage, per diem,

 5  subsistence, lodging, rental cars, and other travel expenses.

 6  The reports must also identify fund sources of the travel

 7  expenses.

 8         (2)  In planning for the 2006-2007 fiscal year, each

 9  agency to include in its legislative budget request

10  submission, the agency's best estimate of the incremental cost

11  necessary to fully fund the agency's 2003-2004 travel

12  expenses, based on reimbursement of mileage at the rate of 38

13  cents per mile, per diem at the rate of $90 per day, and

14  subsistence at the rate of $5 for breakfast, $11 for lunch,

15  and $23 for dinner.

16         Section 3.  There is appropriated $3.7 million from the

17  General Revenue Fund and $4.3 million from trust funds for the

18  purpose of providing budget authority necessary to fund the

19  incremental travel expenditures associated with the

20  reimbursement rate increases authorized by this act.  By

21  September 1, 2005, state agencies and the judicial and

22  legislative branches shall submit to the Executive Office of

23  the Governor estimates for the 2005-2006 fiscal year as to the

24  need for funding associated with the incremental increase in

25  reimbursement rates.  By October 1, 2005, the Governor shall

26  recommend a budget amendment for approval by the Legislative

27  Budget Commission distributing the budget authority

28  appropriated by this section among the state agencies and the

29  judicial and legislative branches.  Such recommendation shall

30  take into consideration the level of travel expenditure

31  incurred by the entities during the 2003-2004 and 2004-2005


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    Florida Senate - 2005                     CS for CS for SB 778

 1  fiscal years as well as the amounts appropriated for expenses

 2  to specific entities for the 2005-2006 fiscal year.

 3         Section 4.  This act shall take effect July 1, 2005.


                       COMMITTEE SUBSTITUTE FOR
 6                        CS Senate Bill 778


 8  The Committee Substitute establishes uniform travel
    reimbursement ranges for travelers, including:.
    -    The per diem rate for travelers will be $60.
    -    Travelers are allowed $4 for breakfast.
    -    Travelers are allowed $8 for lunch.
    -    Travelers are allowed $15 for dinner.
    -    All travelers are entitled to 32 cents per mile for
14       travel in a privately owned vehicle.

15  The bill appropriates $8 million for distribution to state
    agencies and the judicial and legislative branches for the
16  incremental travel expenditures experienced in FY 2005-2006.

17  The Committee Substitute requires state agencies to submit
    reports to the Legislative Budget Commission detailing travel
18  expenditures for FY 2005-2006.















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