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
576-2361-05
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 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.
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14 Be It Enacted by the Legislature of the State of Florida:
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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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1 officers, employees, and authorized persons whose travel
2 expenses are paid by a public agency.
3 (3) AUTHORITY TO INCUR TRAVEL EXPENSES.--
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.
17 (6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
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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1 for subsistence meals, plus actual expenses for lodging at a
2 single-occupancy rate to be substantiated by paid bills
3 therefor.
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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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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.
14 (11) TRAVEL AUTHORIZATION AND VOUCHER FORMS.--
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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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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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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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.
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5 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
6 CS Senate Bill 778
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8 The Committee Substitute establishes uniform travel
reimbursement ranges for travelers, including:.
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- The per diem rate for travelers will be $60.
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- Travelers are allowed $4 for breakfast.
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- Travelers are allowed $8 for lunch.
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- Travelers are allowed $15 for dinner.
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- 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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