| 1 | A bill to be entitled |
| 2 | An act relating to per diem and travel expenses; amending |
| 3 | s. 112.061, F.S.; revising per diem, subsistence, and |
| 4 | mileage rates for purposes of reimbursement of travel |
| 5 | expenses of public officers, employees, and authorized |
| 6 | persons; providing an effective date. |
| 7 |
|
| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
|
| 10 | Section 1. Subsection (1), paragraphs (e) and (g) of |
| 11 | subsection (3), paragraph (c) of subsection (5), subsection (6), |
| 12 | paragraph (d) of subsection (7), and subsections (11) and (14) of |
| 13 | section 112.061, Florida Statutes, are amended to read: |
| 14 | 112.061 Per diem and travel expenses of public officers, |
| 15 | employees, and authorized persons.-- |
| 16 | (1) LEGISLATIVE INTENT.--To prevent There are inequities, |
| 17 | conflicts, inconsistencies, and lapses in the numerous laws |
| 18 | regulating or attempting to regulate travel expenses of public |
| 19 | officers, employees, and authorized persons in the state,. it is |
| 20 | the intent of the Legislature: |
| 21 | (a) To remedy same and to establish standard travel |
| 22 | reimbursement uniform maximum rates, procedures, and limitations, |
| 23 | with certain justifiable exceptions and exemptions, applicable to |
| 24 | all public officers, employees, and authorized persons whose |
| 25 | travel is authorized and expenses are paid by a public agency. |
| 26 | (b) To preserve the standardization and uniformity |
| 27 | established by this law: |
| 28 | 1. The provisions of this section shall prevail over any |
| 29 | conflicting provisions in a general law, present or future, to |
| 30 | the extent of the conflict; but if any such general law contains |
| 31 | a specific exemption from this section, including a specific |
| 32 | reference to this section, such general law shall prevail, but |
| 33 | only to the extent of the exemption. |
| 34 | 2. The provisions of any special or local law, present or |
| 35 | future, shall prevail over any conflicting provisions in this |
| 36 | section, but only to the extent of the conflict. |
| 37 | (3) AUTHORITY TO INCUR TRAVEL EXPENSES.-- |
| 38 | (e) The agency head, or a designated representative, may |
| 39 | pay by advancement or reimbursement, or a combination thereof, |
| 40 | the costs of per diem of travelers and authorized persons for |
| 41 | foreign travel at the current rates as specified in the federal |
| 42 | publication "Standardized Regulations (Government Civilians, |
| 43 | Foreign Areas)" and incidental expenses as provided in this |
| 44 | section. |
| 45 | (g) The secretary of the Department of Health or a designee |
| 46 | may authorize travel expenses incidental to the rendering of |
| 47 | medical services for and on behalf of clients of the Department |
| 48 | of Health. The Department of Health may establish rates lower |
| 49 | than the rate maximum provided in this section for these travel |
| 50 | expenses. |
| 51 | (5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For |
| 52 | purposes of reimbursement and methods of calculating fractional |
| 53 | days of travel, the following principles are prescribed: |
| 54 | (c) For the 2005-2006 fiscal year only and notwithstanding |
| 55 | the other provisions of this subsection, for Class C travel, a |
| 56 | state traveler shall not be reimbursed on a per diem basis nor |
| 57 | shall a traveler receive subsistence allowance. This paragraph |
| 58 | expires July 1, 2006. |
| 59 | (6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For |
| 60 | purposes of reimbursement rates and methods of calculation, per |
| 61 | diem and subsistence allowances are provided as follows divided |
| 62 | into the following groups and rates: |
| 63 | (a) All travelers shall be allowed for subsistence when |
| 64 | traveling to a convention or conference or when traveling within |
| 65 | or outside the state in order to conduct bona fide state |
| 66 | business, which convention, conference, or business serves a |
| 67 | direct and lawful public purpose with relation to the public |
| 68 | agency served by the person attending such meeting or conducting |
| 69 | such business, either of the following for each day of such |
| 70 | travel at the option of the traveler: |
| 71 | 1. Seventy-five Fifty dollars per diem; or |
| 72 | 2. If actual expenses exceed $75 $50, the amounts permitted |
| 73 | in paragraph (b) for subsistence meals, plus actual expenses for |
| 74 | lodging at a single-occupancy rate to be substantiated by paid |
| 75 | bills therefor. |
| 76 |
|
| 77 | When lodging or meals are provided at a state institution, the |
| 78 | traveler shall be reimbursed only for the actual expenses of such |
| 79 | lodging or meals, not to exceed the maximum provided for in this |
| 80 | subsection. |
| 81 | (b) All travelers shall be allowed the following amounts |
| 82 | for subsistence while on Class C travel on official business as |
| 83 | provided in paragraph (5)(b): |
| 84 | 1. Breakfast....$5 $3 |
| 85 | 2. Lunch....$11 $6 |
| 86 | 3. Dinner....$19 $12 |
| 87 | (c) No one, whether traveling out of state or in state, |
| 88 | shall be reimbursed for any meal or lodging included in a |
| 89 | convention or conference registration fee paid by the state. |
| 90 | (d) For the 2005-2006 fiscal year only and notwithstanding |
| 91 | the other provisions of this subsection, for Class C travel, a |
| 92 | state traveler shall not be reimbursed on a per diem basis nor |
| 93 | shall a traveler receive subsistence allowance. This paragraph |
| 94 | expires July 1, 2006. |
| 95 | (7) TRANSPORTATION.-- |
| 96 | (d)1. The use of privately owned vehicles for official |
| 97 | travel in lieu of publicly owned vehicles or common carriers may |
| 98 | be authorized by the agency head or his or her designee. Whenever |
| 99 | travel is by privately owned vehicle:, |
| 100 | a. The traveler shall be entitled to a mileage allowance at |
| 101 | a fixed rate of 44.5 25 cents per mile; for state fiscal year |
| 102 | 1994-1995 and 29 cents per mile thereafter or |
| 103 | b. The traveler shall be entitled to the common carrier |
| 104 | fare for such travel if, as determined by the agency head to be |
| 105 | more economical. |
| 106 | 2. Reimbursement for expenditures related to the operation, |
| 107 | maintenance, and ownership of a vehicle shall not be allowed when |
| 108 | privately owned vehicles are used on public business and |
| 109 | reimbursement is made pursuant to this paragraph, except as |
| 110 | provided in subsection (8). |
| 111 | 3.2. All mileage shall be shown from point of origin to |
| 112 | point of destination and, when possible, shall be computed on the |
| 113 | basis of the current map of the Department of Transportation. |
| 114 | Vicinity mileage necessary for the conduct of official business |
| 115 | is allowable but must be shown as a separate item on the expense |
| 116 | voucher. |
| 117 | (11) TRAVEL AUTHORIZATION AND VOUCHER FORMS.-- |
| 118 | (a) Authorization forms.--The Department of Financial |
| 119 | Services shall furnish a uniform travel authorization request |
| 120 | form which shall be used by all state officers, and employees, |
| 121 | and authorized persons when requesting approval for the |
| 122 | performance of travel to a convention or conference. The form |
| 123 | shall include, but not be limited to, provision for the name of |
| 124 | each traveler, purpose of travel, period of travel, estimated |
| 125 | cost to the state, and a statement of benefits accruing to the |
| 126 | state by virtue of such travel. A copy of the program or agenda |
| 127 | of the convention or conference, itemizing registration fees and |
| 128 | any meals or lodging included in the registration fee, shall be |
| 129 | attached to, and filed with, the copy of the travel authorization |
| 130 | request form on file with the agency. The form shall be signed by |
| 131 | the traveler and by the traveler's supervisor stating that the |
| 132 | travel is to be incurred in connection with official business of |
| 133 | the state. The head of the agency or his or her designated |
| 134 | representative shall not authorize or approve such request in the |
| 135 | absence of the appropriate signatures. A copy of the travel |
| 136 | authorization form shall be attached to, and become a part of, |
| 137 | the support of the agency's copy of the travel voucher. |
| 138 | (b) Voucher forms.-- |
| 139 | 1. The Department of Financial Services shall furnish a |
| 140 | uniform travel voucher form which shall be used by all state |
| 141 | officers, and employees, and authorized persons when submitting |
| 142 | travel expense statements for approval and payment. No travel |
| 143 | expense statement shall be approved for payment by the Chief |
| 144 | Financial Officer unless made on the form prescribed and |
| 145 | furnished by the department. The travel voucher form shall |
| 146 | provide for, among other things, the purpose of the official |
| 147 | travel and a certification or affirmation, to be signed by the |
| 148 | traveler, indicating the truth and correctness of the claim in |
| 149 | every material matter, that the travel expenses were actually |
| 150 | incurred by the traveler as necessary in the performance of |
| 151 | official duties, that per diem claimed has been appropriately |
| 152 | reduced for any meals or lodging included in the convention or |
| 153 | conference registration fees claimed by the traveler, and that |
| 154 | the voucher conforms in every respect with the requirements of |
| 155 | this section. The original copy of the executed uniform travel |
| 156 | authorization request form shall be attached to the uniform |
| 157 | travel voucher on file with the respective agency. |
| 158 | 2. Statements for travel expenses incidental to the |
| 159 | rendering of medical services for and on behalf of clients of the |
| 160 | Department of Health shall be on forms approved by the Department |
| 161 | of Financial Services. |
| 162 | (14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT |
| 163 | SCHOOL BOARDS, AND SPECIAL DISTRICTS.-- |
| 164 | (a) The following entities may establish rates that vary |
| 165 | from the per diem rate provided in paragraph (6)(a), the |
| 166 | subsistence rates provided in paragraph (6)(b), or the mileage |
| 167 | rate provided in paragraph (7)(d) if those rates are not less |
| 168 | than the statutorily established rates that are in effect for the |
| 169 | 2005-2006 fiscal year Rates that exceed the maximum travel |
| 170 | reimbursement rates for nonstate travelers specified in paragraph |
| 171 | (6)(a) for per diem, in paragraph (6)(b) for subsistence, and in |
| 172 | subparagraph (7)(d)1. for mileage may be established by: |
| 173 | 1. The governing body of a county by the enactment of an |
| 174 | ordinance or resolution; |
| 175 | 2. A county constitutional officer, pursuant to s. 1(d), |
| 176 | Art. VIII of the State Constitution, by the establishment of |
| 177 | written policy; |
| 178 | 3. The governing body of a district school board by the |
| 179 | adoption of rules; or |
| 180 | 4. The governing body of a special district, as defined in |
| 181 | s. 189.403(1), except those special districts that are subject to |
| 182 | s. 166.021(10), by the enactment of a resolution. |
| 183 | (b) Rates established pursuant to paragraph (a) must apply |
| 184 | uniformly to all travel by the county, county constitutional |
| 185 | officer and entity governed by that officer, district school |
| 186 | board, or special district. |
| 187 | (c) Except as otherwise provided in this subsection, |
| 188 | counties, county constitutional officers and entities governed by |
| 189 | those officers, district school boards, and special districts, |
| 190 | other than those subject to s. 166.021(10), remain subject to the |
| 191 | requirements of this section. |
| 192 | Section 2. This act shall take effect July 1, 2006. |