Senate Bill sb0428c2
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Florida Senate - 2006 CS for CS for SB 428
By the Committees on Ways and Means; Governmental Oversight
and Productivity; and Senators Lawson, Smith, Fasano and
Argenziano
576-2135-06
1 A bill to be entitled
2 An act relating to per diem and travel
3 expenses; amending s. 112.061, F.S.; revising
4 per diem, subsistence, and mileage rates for
5 purposes of reimbursement of travel expenses of
6 public officers, employees, and authorized
7 persons; providing an appropriation; providing
8 an effective date.
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Subsection (1), paragraphs (e) and (g) of
13 subsection (3), paragraph (c) of subsection (5), subsection
14 (6), paragraph (d) of subsection (7), and subsections (11) and
15 (14) of section 112.061, Florida Statutes, are amended to
16 read:
17 112.061 Per diem and travel expenses of public
18 officers, employees, and authorized persons.--
19 (1) LEGISLATIVE INTENT.--To prevent There are
20 inequities, conflicts, inconsistencies, and lapses in the
21 numerous laws regulating or attempting to regulate travel
22 expenses of public officers, employees, and authorized persons
23 in the state,. it is the intent of the Legislature:
24 (a) To remedy same and to establish standard travel
25 reimbursement uniform maximum rates, procedures, and
26 limitations, with certain justifiable exceptions and
27 exemptions, applicable to all public officers, employees, and
28 authorized persons whose travel is authorized and expenses are
29 paid by a public agency.
30 (b) To preserve the standardization and uniformity
31 established by this law:
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1 1. The provisions of this section shall prevail over
2 any conflicting provisions in a general law, present or
3 future, to the extent of the conflict; but if any such general
4 law contains a specific exemption from this section, including
5 a specific reference to this section, such general law shall
6 prevail, but only to the extent of the exemption.
7 2. The provisions of any special or local law, present
8 or future, shall prevail over any conflicting provisions in
9 this section, but only to the extent of the conflict.
10 (3) AUTHORITY TO INCUR TRAVEL EXPENSES.--
11 (e) The agency head, or a designated representative,
12 may pay by advancement or reimbursement, or a combination
13 thereof, the costs of per diem of travelers and authorized
14 persons for foreign travel at the current rates as specified
15 in the federal publication "Standardized Regulations
16 (Government Civilians, Foreign Areas)" and incidental expenses
17 as provided in this section.
18 (g) The secretary of the Department of Health or a
19 designee may authorize travel expenses incidental to the
20 rendering of medical services for and on behalf of clients of
21 the Department of Health. The Department of Health may
22 establish rates lower than the rate maximum provided in this
23 section for these travel expenses.
24 (5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
25 purposes of reimbursement and methods of calculating
26 fractional days of travel, the following principles are
27 prescribed:
28 (c) For the 2005-2006 fiscal year only and
29 notwithstanding the other provisions of this subsection, for
30 Class C travel, a state traveler shall not be reimbursed on a
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1 per diem basis nor shall a traveler receive subsistence
2 allowance. This paragraph expires July 1, 2006.
3 (6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For
4 purposes of reimbursement rates and methods of calculation,
5 per diem and subsistence allowances are provided as follows
6 divided into the following groups and rates:
7 (a) All travelers shall be allowed for subsistence
8 when traveling to a convention or conference or when traveling
9 within or outside the state in order to conduct bona fide
10 state business, which convention, conference, or business
11 serves a direct and lawful public purpose with relation to the
12 public agency served by the person attending such meeting or
13 conducting such business, either of the following for each day
14 of such travel at the option of the traveler:
15 1. Eighty Fifty dollars per diem; or
16 2. If actual expenses exceed $80 $50, the amounts
17 permitted in paragraph (b) for subsistence meals, plus actual
18 expenses for lodging at a single-occupancy rate to be
19 substantiated by paid bills therefor.
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21 When lodging or meals are provided at a state institution, the
22 traveler shall be reimbursed only for the actual expenses of
23 such lodging or meals, not to exceed the maximum provided for
24 in this subsection.
25 (b) All travelers shall be allowed the following
26 amounts for subsistence while on Class C travel on official
27 business as provided in paragraph (5)(b):
28 1. Breakfast.....................................$6 $3
29 2. Lunch........................................$11 $6
30 3. Dinner......................................$19 $12
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1 (c) No one, whether traveling out of state or in
2 state, shall be reimbursed for any meal or lodging included in
3 a convention or conference registration fee paid by the state.
4 (d) For the 2005-2006 fiscal year only and
5 notwithstanding the other provisions of this subsection, for
6 Class C travel, a state traveler shall not be reimbursed on a
7 per diem basis nor shall a traveler receive subsistence
8 allowance. This paragraph expires July 1, 2006.
9 (7) TRANSPORTATION.--
10 (d)1. The use of privately owned vehicles for official
11 travel in lieu of publicly owned vehicles or common carriers
12 may be authorized by the agency head or his or her designee.
13 Whenever travel is by privately owned vehicle:,
14 a. A The traveler shall be entitled to a mileage
15 allowance at a fixed rate of 44.5 25 cents per mile; for state
16 fiscal year 1994-1995 and 29 cents per mile thereafter or
17 b. A traveler shall be entitled to the common carrier
18 fare for such travel if, as determined by the agency head to
19 be more economical.
20 2. Reimbursement for expenditures related to the
21 operation, maintenance, and ownership of a vehicle shall not
22 be allowed when privately owned vehicles are used on public
23 business and reimbursement is made pursuant to this paragraph,
24 except as provided in subsection (8).
25 3.2. All mileage shall be shown from point of origin
26 to point of destination and, when possible, shall be computed
27 on the basis of the current map of the Department of
28 Transportation. Vicinity mileage necessary for the conduct of
29 official business is allowable but must be shown as a separate
30 item on the expense voucher.
31 (11) TRAVEL AUTHORIZATION AND VOUCHER FORMS.--
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1 (a) Authorization forms.--The Department of Financial
2 Services shall furnish a uniform travel authorization request
3 form which shall be used by all state officers, and employees,
4 and authorized persons when requesting approval for the
5 performance of travel to a convention or conference. The form
6 shall include, but not be limited to, provision for the name
7 of each traveler, purpose of travel, period of travel,
8 estimated cost to the state, and a statement of benefits
9 accruing to the state by virtue of such travel. A copy of the
10 program or agenda of the convention or conference, itemizing
11 registration fees and any meals or lodging included in the
12 registration fee, shall be attached to, and filed with, the
13 copy of the travel authorization request form on file with the
14 agency. The form shall be signed by the traveler and by the
15 traveler's supervisor stating that the travel is to be
16 incurred in connection with official business of the state.
17 The head of the agency or his or her designated representative
18 shall not authorize or approve such request in the absence of
19 the appropriate signatures. A copy of the travel authorization
20 form shall be attached to, and become a part of, the support
21 of the agency's copy of the travel voucher.
22 (b) Voucher forms.--
23 1. The Department of Financial Services shall furnish
24 a uniform travel voucher form which shall be used by all state
25 officers, and employees, and authorized persons when
26 submitting travel expense statements for approval and payment.
27 No travel expense statement shall be approved for payment by
28 the Chief Financial Officer unless made on the form prescribed
29 and furnished by the department. The travel voucher form shall
30 provide for, among other things, the purpose of the official
31 travel and a certification or affirmation, to be signed by the
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1 traveler, indicating the truth and correctness of the claim in
2 every material matter, that the travel expenses were actually
3 incurred by the traveler as necessary in the performance of
4 official duties, that per diem claimed has been appropriately
5 reduced for any meals or lodging included in the convention or
6 conference registration fees claimed by the traveler, and that
7 the voucher conforms in every respect with the requirements of
8 this section. The original copy of the executed uniform travel
9 authorization request form shall be attached to the uniform
10 travel voucher on file with the respective agency.
11 2. Statements for travel expenses incidental to the
12 rendering of medical services for and on behalf of clients of
13 the Department of Health shall be on forms approved by the
14 Department of Financial Services.
15 (14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS,
16 DISTRICT SCHOOL BOARDS, AND SPECIAL DISTRICTS.--
17 (a) The following entities may establish rates that
18 vary from the per diem rate provided in paragraph (6)(a), the
19 subsistence rates provided in paragraph (6)(b), or the mileage
20 rate provided in paragraph (7)(d) if those rates are not less
21 than the statutorily established rates that are in effect for
22 the 2005-2006 fiscal year Rates that exceed the maximum travel
23 reimbursement rates for nonstate travelers specified in
24 paragraph (6)(a) for per diem, in paragraph (6)(b) for
25 subsistence, and in subparagraph (7)(d)1. for mileage may be
26 established by:
27 1. The governing body of a county by the enactment of
28 an ordinance or resolution;
29 2. A county constitutional officer, pursuant to s.
30 1(d), Art. VIII of the State Constitution, by the
31 establishment of written policy;
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1 3. The governing body of a district school board by
2 the adoption of rules; or
3 4. The governing body of a special district, as
4 defined in s. 189.403(1), except those special districts that
5 are subject to s. 166.021(10), by the enactment of a
6 resolution.
7 (b) Rates established pursuant to paragraph (a) must
8 apply uniformly to all travel by the county, county
9 constitutional officer and entity governed by that officer,
10 district school board, or special district.
11 (c) Except as otherwise provided in this subsection,
12 counties, county constitutional officers and entities governed
13 by those officers, district school boards, and special
14 districts, other than those subject to s. 166.021(10), remain
15 subject to the requirements of this section.
16 Section 2. For the 2006-2007 fiscal year the sums of
17 $8.9 million in recurring funds from the General Revenue Fund
18 and $13.2 million in recurring funds from trust funds are
19 appropriated in a lump-sum appropriation in administered funds
20 for distribution among the legislative branch, the Florida
21 School for the Deaf and the Blind, and those state entities to
22 which the Legislature appropriates specific salary and
23 benefits budget authority in the General Appropriations Act
24 for the 2006-2007 fiscal year to offset the additional costs
25 anticipated as a result of the increases in travel
26 reimbursement rates authorized by this act.
27 Section 3. This act shall take effect July 1, 2006.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS/Senate Bill 428
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4 The committee substitute for CS/SB 428:
5 -- Sets the per diem rate at $80;
6 -- Sets the reimbursement for breakfast at $6; and
7 -- Sets the reimbursement for dinner at $19.
8 It eliminates the mechanism to adjust the reimbursement rates
annually.
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