Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 428
Barcode 101000
585-1144A-06
Proposed Committee Substitute by the Committee on Governmental
Oversight and Productivity
1 A bill to be entitled
2 An act relating to reimbursement for 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; authorizing an exemption; providing
8 for future adjustments of such rates; providing
9 an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (1), paragraphs (e) and (g) of
14 subsection (3), subsection (6), paragraph (d) of subsection
15 (7), and subsections (11) and (14) of section 112.061, Florida
16 Statutes, are amended, and subsection (15) is added to that
17 section, to read:
18 112.061 Per diem and travel expenses of public
19 officers, employees, and authorized persons.--
20 (1) LEGISLATIVE INTENT.--There are inequities,
21 conflicts, inconsistencies, and lapses in the numerous laws
22 regulating or attempting to regulate travel expenses of public
23 officers, employees, and authorized persons in the state. It
24 is the intent of the Legislature:
25 (a) To remedy same and to establish a uniform system
26 of travel reimbursement maximum rates, and limitations, with
27 certain justifiable exceptions and exemptions, applicable to
28 all authorized travelers public officers, employees, and
29 authorized persons whose travel expenses are paid by a public
30 agency.
31 (b) To preserve the standardization and uniformity
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Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 428
Barcode 101000
585-1144A-06
1 established by this law:
2 1. The provisions of this section shall prevail over
3 any conflicting provisions in a general law, present or
4 future, to the extent of the conflict; but if any such general
5 law contains a specific exemption from this section, including
6 a specific reference to this section, such general law shall
7 prevail, but only to the extent of the exemption.
8 2. The provisions of any special or local law, present
9 or future, shall prevail over any conflicting provisions in
10 this section, but only to the extent of the conflict.
11 (3) AUTHORITY TO INCUR TRAVEL EXPENSES.--
12 (e) The agency head, or a designated representative,
13 may pay by advancement or reimbursement, or a combination
14 thereof, the costs of per diem of travelers and authorized
15 persons for foreign travel at the current rates as specified
16 in the federal publication "Standardized Regulations
17 (Government Civilians, Foreign Areas)" and incidental expenses
18 as provided in this section.
19 (g) The secretary of the Department of Health or a
20 designee may authorize travel expenses incidental to the
21 rendering of medical services for and on behalf of clients of
22 the Department of Health. The Department of Health may
23 establish rates lower than the rate maximum provided in this
24 section for these travel expenses.
25 (6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
26 purposes of reimbursement rates and methods of calculation,
27 per diem and subsistence allowances are provided as follows
28 divided into the following groups and rates:
29 (a) All travelers shall be allowed for subsistence
30 when traveling to a convention or conference or when traveling
31 within or outside the state in order to conduct bona fide
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Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 428
Barcode 101000
585-1144A-06
1 state business, which convention, conference, or business
2 serves a direct and lawful public purpose with relation to the
3 public agency served by the person attending such meeting or
4 conducting such business, either of the following for each day
5 of such travel at the option of the traveler:
6 1. For fiscal year 2006-2007, the rate of per diem
7 shall be $90 and shall be adjusted annually thereafter
8 pursuant to subsection (15); however, in no case may the
9 state-established per diem rate exceed the standard federal
10 per diem rate for the continental United States Fifty dollars
11 per diem; or
12 2. If actual expenses exceed the amount permitted in
13 subparagraph 1. $50, the amounts permitted in paragraph (b)
14 for subsistence meals, plus actual expenses for lodging at a
15 single-occupancy rate to be substantiated by paid bills
16 therefor.
17
18 When lodging or meals are provided at a state institution, the
19 traveler shall be reimbursed only for the actual expenses of
20 such lodging or meals, not to exceed the maximum provided for
21 in this subsection.
22 (b) All travelers shall be allowed the following
23 amounts for subsistence while on Class C travel on official
24 business as provided in paragraph (5)(b):
25 1. Breakfast. Travelers are allowed $5 for fiscal year
26 2006-2007 and thereafter as adjusted annually pursuant to
27 subsection (15). $3
28 2. Lunch. Travelers are allowed $11 for fiscal year
29 2006-2007 and thereafter as adjusted annually pursuant to
30 subsection (15). $6
31 3. Dinner. Travelers are allowed $23 for fiscal year
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Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 428
Barcode 101000
585-1144A-06
1 2006-2007 and thereafter as adjusted annually pursuant to
2 subsection (15). $12
3 (c) No one, whether traveling out of state or in
4 state, shall be reimbursed for any meal or lodging included in
5 a convention or conference registration fee paid by the state.
6 (d) For the 2005-2006 fiscal year only and
7 notwithstanding the other provisions of this subsection, for
8 Class C travel, a state traveler shall not be reimbursed on a
9 per diem basis nor shall a traveler receive subsistence
10 allowance. This paragraph expires July 1, 2006.
11 (7) TRANSPORTATION.--
12 (d)1. The use of privately owned vehicles for official
13 travel in lieu of publicly owned vehicles or common carriers
14 may be authorized by the agency head or his or her designee.
15 Whenever travel is by privately owned vehicle:
16 a. A, the traveler shall be entitled to a mileage
17 allowance at a fixed rate of 38 25 cents per mile for the
18 2006-2007 fiscal year and thereafter as adjusted annually
19 pursuant to subsection (15); or for state fiscal year
20 1994-1995 and 29 cents per mile
21 b. The traveler shall be entitled to thereafter or the
22 common carrier fare for such travel, if as determined by the
23 agency head to be more economical.
24 2. Reimbursement for expenditures related to the
25 operation, maintenance, and ownership of a vehicle shall not
26 be allowed when privately owned vehicles are used on public
27 business and reimbursement is made pursuant to this paragraph,
28 except as provided in subsection (8).
29 3.2. All mileage shall be shown from point of origin
30 to point of destination and, when possible, shall be computed
31 on the basis of the current map of the Department of
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Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 428
Barcode 101000
585-1144A-06
1 Transportation. Vicinity mileage necessary for the conduct of
2 official business is allowable but must be shown as a separate
3 item on the expense voucher.
4 (11) TRAVEL AUTHORIZATION AND VOUCHER FORMS.--
5 (a) Authorization forms.--The Department of Financial
6 Services shall furnish a uniform travel authorization request
7 form which shall be used by all state officers, and employees,
8 and authorized persons when requesting approval for the
9 performance of travel to a convention or conference. The form
10 shall include, but not be limited to, provision for the name
11 of each traveler, purpose of travel, period of travel,
12 estimated cost to the state, and a statement of benefits
13 accruing to the state by virtue of such travel. A copy of the
14 program or agenda of the convention or conference, itemizing
15 registration fees and any meals or lodging included in the
16 registration fee, shall be attached to, and filed with, the
17 copy of the travel authorization request form on file with the
18 agency. The form shall be signed by the traveler and by the
19 traveler's supervisor stating that the travel is to be
20 incurred in connection with official business of the state.
21 The head of the agency or his or her designated representative
22 shall not authorize or approve such request in the absence of
23 the appropriate signatures. A copy of the travel authorization
24 form shall be attached to, and become a part of, the support
25 of the agency's copy of the travel voucher.
26 (b) Voucher forms.--
27 1. The Department of Financial Services shall furnish
28 a uniform travel voucher form which shall be used by all state
29 officers, and employees, and authorized persons when
30 submitting travel expense statements for approval and payment.
31 No travel expense statement shall be approved for payment by
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Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 428
Barcode 101000
585-1144A-06
1 the Chief Financial Officer unless made on the form prescribed
2 and furnished by the department. The travel voucher form shall
3 provide for, among other things, the purpose of the official
4 travel and a certification or affirmation, to be signed by the
5 traveler, indicating the truth and correctness of the claim in
6 every material matter, that the travel expenses were actually
7 incurred by the traveler as necessary in the performance of
8 official duties, that per diem claimed has been appropriately
9 reduced for any meals or lodging included in the convention or
10 conference registration fees claimed by the traveler, and that
11 the voucher conforms in every respect with the requirements of
12 this section. The original copy of the executed uniform travel
13 authorization request form shall be attached to the uniform
14 travel voucher on file with the respective agency.
15 2. Statements for travel expenses incidental to the
16 rendering of medical services for and on behalf of clients of
17 the Department of Health shall be on forms approved by the
18 Department of Financial Services.
19 (14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS,
20 DISTRICT SCHOOL BOARDS, AND SPECIAL DISTRICTS.--
21 (a) The following entities may establish rates that
22 vary from the per diem rate provided in paragraph (6)(a), the
23 subsistence rates provided in paragraph (6)(b), or the mileage
24 rate provided in paragraph (7)(d), if those rates are not less
25 than the statutorily established rates that are in effect for
26 the 2005-2006 fiscal year Rates that exceed the maximum travel
27 reimbursement rates for nonstate travelers specified in
28 paragraph (6)(a) for per diem, in paragraph (6)(b) for
29 subsistence, and in subparagraph (7)(d)1. for mileage may be
30 established by:
31 1. The governing body of a county by the enactment of
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Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 428
Barcode 101000
585-1144A-06
1 an ordinance or resolution;
2 2. A county constitutional officer, pursuant to s.
3 1(d), Art. VIII of the State Constitution, by the
4 establishment of written policy;
5 3. The governing body of a district school board by
6 the adoption of rules; or
7 4. The governing body of a special district, as
8 defined in s. 189.403(1), except those special districts that
9 are subject to s. 166.021(10), by the enactment of a
10 resolution.
11 (b) Rates established pursuant to paragraph (a) must
12 apply uniformly to all travel by the county, county
13 constitutional officer and entity governed by that officer,
14 district school board, or special district.
15 (c) Except as otherwise provided in this subsection,
16 counties, county constitutional officers and entities governed
17 by those officers, district school boards, and special
18 districts, other than those subject to s. 166.021(10), remain
19 subject to the requirements of this section.
20 (15) STATE TRAVEL REIMBURSEMENT RATES AND
21 ADJUSTMENTS.--On or before June 30, 2007, and annually
22 thereafter, the uniform subsistence amounts, mileage rates,
23 and per diem rates applicable for the next fiscal year shall
24 be adjusted to reflect the percentage change in the Consumer
25 Price Index for All Urban Consumers, U.S. City Average since
26 June 1, 2005. However, the per diem rate may not exceed the
27 standard federal per diem rate for the continental United
28 States as published by the General Services Administration for
29 the applicable year. The Chief Financial Officer shall perform
30 the calculations necessary to determine the adjusted rates as
31 provided by this subsection and shall adopt and publish the
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Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 428
Barcode 101000
585-1144A-06
1 revised rates by rule.
2 Section 2. This act shall take effect July 1, 2006.
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