Senate Bill sb0428

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    Florida Senate - 2006                                   SB 428

    By Senator Lawson





    6-381-06

  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 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 rates for state agencies, maximum travel

26  reimbursement rates for nonstate public agencies for all

27  public agencies, and limitations for all public agencies, with

28  certain justifiable exceptions, applicable to all authorized

29  travelers public officers, employees, and authorized persons

30  whose travel expenses are paid by a public agency.

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

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    Florida Senate - 2006                                   SB 428
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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 rate 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 provided as follows

17  divided into the 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.  For fiscal year 2006-2007, the rate of per diem

27  shall be $90 and shall be adjusted annually thereafter

28  pursuant to subsection (15); however, in no case may the

29  state-established per diem rate exceed the standard federal

30  per diem rate for the continental United States Fifty dollars

31  per diem; or

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    Florida Senate - 2006                                   SB 428
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 1         2.  If actual expenses exceed the amount permitted in

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

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

 4  single-occupancy rate to be substantiated by paid bills

 5  therefor.

 6  

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

 8  traveler shall be reimbursed only for the actual expenses of

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

10  in this subsection.

11         (b)  All travelers shall be allowed the following

12  amounts for subsistence while on Class C travel on official

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

14         1.  Breakfast. State travelers and nonstate travelers

15  are allowed $5 for fiscal year 2006-2007 and thereafter as

16  adjusted annually pursuant to subsection (15). $3

17         2.  Lunch. State travelers and nonstate travelers are

18  allowed $11 for fiscal year 2006-2007 and thereafter as

19  adjusted annually pursuant to subsection (15). $6

20         3.  Dinner. State travelers and nonstate travelers are

21  allowed $23 for fiscal year 2006-2007 and thereafter as

22  adjusted annually pursuant to subsection (15). $12

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

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

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

26         (d)  For the 2005-2006 fiscal year only and

27  notwithstanding the other provisions of this subsection, for

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

29  per diem basis nor shall a traveler receive subsistence

30  allowance. This paragraph expires July 1, 2006.

31         (7)  TRANSPORTATION.--

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

 2  travel in lieu of publicly owned vehicles or common carriers

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

 4  Whenever travel is by privately owned vehicle:

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

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

 7         b.  A nonstate traveler shall be entitled to a mileage

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

 9  per mile; or

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

11  common carrier fare for such travel, if as determined by the

12  agency head to be more economical.

13         2.  Reimbursement for expenditures related to the

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

15  be allowed when privately owned vehicles are used on public

16  business and reimbursement is made pursuant to this paragraph,

17  except as provided in subsection (8).

18         3.2.  All mileage shall be shown from point of origin

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

20  on the basis of the current map of the Department of

21  Transportation. Vicinity mileage necessary for the conduct of

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

23  item on the expense voucher.

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

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

26  Services shall furnish a uniform travel authorization request

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

28  and authorized persons when requesting approval for the

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

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

31  of each traveler, purpose of travel, period of travel,

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

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

 3  program or agenda of the convention or conference, itemizing

 4  registration fees and any meals or lodging included in the

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

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

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

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

 9  incurred in connection with official business of the state.

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

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

12  the appropriate signatures. A copy of the travel authorization

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

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

15         (b)  Voucher forms.--

16         1.  The Department of Financial Services shall furnish

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

18  officers, and employees, and authorized persons when

19  submitting travel expense statements for approval and payment.

20  No travel expense statement shall be approved for payment by

21  the Chief Financial Officer unless made on the form prescribed

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

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

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

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

26  every material matter, that the travel expenses were actually

27  incurred by the traveler as necessary in the performance of

28  official duties, that per diem claimed has been appropriately

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

30  conference registration fees claimed by the traveler, and that

31  the voucher conforms in every respect with the requirements of

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    Florida Senate - 2006                                   SB 428
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 1  this section. The original copy of the executed uniform travel

 2  authorization request form shall be attached to the uniform

 3  travel voucher on file with the respective agency.

 4         2.  Statements for travel expenses incidental to the

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

 6  the Department of Health shall be on forms approved by the

 7  Department of Financial Services.

 8         (15)  STATE TRAVEL REIMBURSEMENT RATES AND

 9  ADJUSTMENTS.--On or before June 30, 2007, and annually

10  thereafter, the Chief Financial Officer shall establish and

11  publish the uniform subsistence amounts and per diem rates

12  applicable for the next fiscal year, adjusted to reflect the

13  percentage change in the Consumer Price Index for All Urban

14  Consumers, U.S. City Average since June 1, 2005. However, the

15  per diem rate may not exceed the standard federal per diem

16  rate for the continental United States as published by the

17  General Services Administration for the applicable year.

18         Section 2.  This act shall take effect July 1, 2006.

19  

20            *****************************************

21                          SENATE SUMMARY

22    Restates legislative intent with respect to establishing
      rates of reimbursement for official travel. Increases the
23    rate of per diem and subsistence and provides a mechanism
      for future adjustment of such rates based on cost of
24    living.

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