Item Q14BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 21, 2006
Bulk Item: Yes X No
Division: County Attorney
Department: County Attorney
Staff Contact: Suzanne A. Hutton
AGENDA ITEM WORDING:
Approval to advertise a public hearing for an ordinance amending Sec. 2-609(c) of the Monroe County
Code increasing mileage reimbursement to 44.5 cents per mile.
ITEM BACKGROUND:
Ordinance No. 004-2004 establishes per diem, meals and mileage reimbursements in excess of the
rates established for State agencies by statute. Due to the escalation of gasoline prices, the State
Legislature enacted Session Law 2006-41, approved by the Governor, increasing rates for State
agencies. Given the unique demographics of Monroe County, this amendment will increase County
mileage reimbursement from .40 cents to .44.5 cents per mile.
PREVIOUS RELEVANT BOCC ACTION:
On 2/18/2004, the BOCC approved Ordinance 004-2004 establishing County per diem, meals and
mileage reimbursements.
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS:
Approval to advertise.
TOTAL COST: N/A
COST TO COUNTY:
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing _ RjskAlanagement
DIVISION DIRECTOR APPROVAL:
A
a
DOCUMENTATION: Included X To Follow Not Required
DISPOSITION: AGENDA ITEM #
Revised 2/27/01
ORDINANCE NO. -2006
AN ORDINANCE AMENDING SECTION 2-609(c), MONROE
COUNTY CODE; PROVIDING FOR INCREASE IN MILEAGE
REIMBURSEMENT TO 44.5 CENTS PER MILE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Monroe County Code Chapter 2, Article XXVI sets forth provisions
governing travel reimbursements for of Monroe County; and
WHEREAS, the Board of County Commissioners passed Ordinance No. 004-
2004 pursuant to Section 112.061(14), Florida Statutes allowing counties to provide for
per diem, meals and mileage reimbursements in excess of the rates established for state
agencies by that statute; and
WHEREAS, Session Law 2006-41 has been enacted by the State Legislature and
approved by the governor increasing those rates for state agencies; and
WHEREAS, Session Law 2006-41 provides a higher mileage reimbursement rate
than Ordinance No. 004-2004 due to the escalation of gasoline prices; now therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. Section 2-609(c), Monroe County Code, shall be amended to read as
follows:
(c) The use of privately owned vehicles for official travel in lieu of publicly
owned vehicles or common carriers may be authorized by the county
administrator or his or her designee. Whenever travel is by privately owned
vehicle, the traveler shall be entitled to a mileage allowance at a fixed rate of
forty-four and one-half cents ($0.49 445) per mile or the common
carrier fare for such travel, as determined by the county administrator.
Reimbursement for expenditures related to the operation, maintenance, and
ownership of a vehicle shall not be allowed when privately owned vehicles
are used on public business and reimbursement is made pursuant to this
paragraph, except as provided in subsection (8).
Section 2. SEVERABILITY. If any portion of this ordinance is for any reason held
invalid or declared to be unconstitutional, inoperative or void, such holding shall not
affect the remaining portions of this ordinance. If this ordinance or any provision thereof
shall be held to be inapplicable to any person, property or circumstances, such holding
shall not affect its applicability to any other person, property or circumstances.
Revision of Mileage Rate Ord.
Section 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said
conflict.
Section 4. INCLUSION IN CODE OF ORDINANCES. The provisions of this
ordinance shall be included and incorporated in the Code of Ordinances of the County of
Monroe, Florida, as an addition or amendment thereto, and shall be appropriately
renumbered to conform to the uniform numbering system of the Code.
Section 5. EFFECTIVE DATE. This ordinance shall take effect when a copy has been
accepted by the postal authorities of the Government of the United States for special
delivery by certified mail to the Department of State.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the day of 32006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Glenn Patton
Commissioner David P. Rice
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Revision of Mileage Rate Ord. 2
Mayor Charles "Sonny" McCoy
MONROE COUNTY ATTORNEY
OVEQ A T
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Data
Board of County Commissioners
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, PURSUANT TO SEC. 112.061(14),
FLORIDA STATUTES, CREATING CHAPTER 2, ART. XXVI, MONROE
COUNTY CODE, ADOPTING A TRAVEL, PER DIEM, MEALS, AND
MILEAGE POLICY FOR MONROE COUNTY COMMISSION MEMBERS AND
COUNTY OFFICERS AND EMPLOYEES; FURTHER ESTABLISHING
TRAVEL REIMBURSEMENT RATE FOR PER DIEM AT $100 PER DAY,
BREAKFAST AT $6.50, LUNCH AT $13.S0, DINNER AT $27.00, AND
MILEAGE AT $.40 PER MILE WHEN USING PRIVATE VEHICLES ON
COUNTY BUSINESS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE
OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the reimbursement amounts allowed County Commissioners, officers and
employees under Sec. 112.061, FS, when traveling on County business have remained the
same for many years;
WHEREAS, as a result those reimbursement amounts no longer bear any reasonable
resemblance to the amounts a County Commissioner, County officer or employee must
spend on meals and mileage when traveling on County business thus requiring the official
traveler to spend his or her funds with only partial reimbursement; and
WHEREAS, Sec. 112.061(14), FS, was recently adopted by the Legislature in order to
allow the various county commissions to increase reimbursement amounts for county
commissioners and county officers and employees beyond the otherwise mandatory
statutory amounts to remedy the situation just described;
WHEREAS, the Monroe County Board of County Commissioners desires to utilize the
authority granted in Sec. 112.061(14), FS; now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. Chapter 2, Article XXVI, Monroe County Code, is hereby created to read
as fol lows :
Sec. 2-604, Definitions. For the purposes of this ordinance, the following words
shall have the meanings Indicated:
(a) "Agency" or "public agency" shall mean Monroe County, Florida.
(b) "Agency head" or "head of the agency" shall mean the County Administrator
(c) "County officer" or "public officer" shall mean a County Commissioner
(d) " Employee" or "public employee" shall mean an individual, whether commissioned or
not, other than an officer or authorized person as defined herein, who is filling a regular or
full-time authorized position and is responsible to the County Administrator. The term shall
also include the County Attorney and any Assistant County Attorney.
(e) "Authorized person" shall mean:
1. A person other than a public officer or employee as defined herein who is authorized by
the agency head to Incur travel expenses in the performance of official duties.
2. A person who is called upon by the County, pursuant to a written agreement, to
contribute time and services as consultant or adviser.
3. A person who is a candidate for an executive or professional position, which position Is
identified as such by County policy.
(f) "Traveler" shall mean a public officer, public employee, or authorized person, when
performing authorized travel.
(g) "Travel expense", "traveling expenses", "necessary expenses while traveling", "actual
expenses while traveling", or words of similar nature shall mean the usual ordinary and
incidental expenditures necessarily incurred by a traveler.
(h) "Common carrier" means a train, bus, commercial airline operating scheduled flights,
or rental cars of an established rental car firm.
(i) "Travel day" means a period of 24 hours consisting of four quarters of 6 hours each.
(j) 'Travel period" means a period of time between the time of departure and time of
return.
(k) "Class A travel" means continuous travel of 24 hours or more away from official
headquarters.
(1) "Class B travel" means continuous travel of less than 24 hours which Involves overnight
absence from official headquarters.
(m) "Class C travel" means travel for short or day trips where the traveler is not away
from his or her official headquarters overnight.
(n) "Foreign travel" means travel outside the United States.
(o) "Official headquarters" means the building or site in which the public officer or
employee performs his or her job duties or In which he or she has been assigned an office
or work space.
Sec. 2-605. AUTHORITY TO INCUR TRAVEL EXPENSES
(a) All travel must be authorized and approved by the County Administrator, or his or her
designated representative.
(b) Travel expenses of travelers shall be limited to those expenses necessarily Incurred by
them in the performance of a public purpose authorized by law to be performed by the
County and must be within the limitations prescribed by this ordinance.
(c) Travel by public officers or employees serving temporarily in behalf of another agency
or partly in behalf of more than one agency at the same time, or authorized persons who
are called upon to contribute time and services as consultants or advisers, may be
authorized by the County Administrator.
(d) Travel expenses of public employees for the sole purpose of taking merit system or
other job placement examinations, written or oral, shall not be allowed under any
circumstances, except that upon prior written approval of the County Administrator or the
Board of County Commissioners candidates for executive or professional positions may be
allowed travel expenses pursuant to this section.
(e) The County Administrator, or a designated representative, may pay by advancement or
reimbursement, or a combination thereof, the costs of per diem of travelers and authorized
persons for foreign travel at the current rates as specified in the federal publication
"Standardized Regulations (Government Civilians, Foreign Areas)" and incidental expenses
as provided in this section.
(f) A traveler who becomes sick or injured while away from his or her official headquarters
and is therefore unable to perform the official business of the County may continue to
receive subsistence as provided in subsection (6) during this period of Illness or injury until
such time as he or she Is able to perform the official business of the County or returns to
his or her official headquarters, whichever Is earlier. Such subsistence may be paid when
approved by the County Administrator or his or her designee.
Sec.2-606. OFFICIAL HEADQUARTERS LOCATION. The official headquarters
location of an officer or employee assigned to an office shall be the geographical area in
which the office is located. For purposes of this ordinance, geographical area shall mean
either the Lower Keys, the Middle Keys, or the Upper Keys.
Sec. 2-607. COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT. For purposes
of reimbursement and methods of calculating fractional days of travel:
(a) The travel day for Class A travel shall be a calendar day (midnight to midnight). The
travel day for Class B travel shall begin at the same time as the travel period. For Class A
and Class B travel, the traveler shall be reimbursed one-fourth of the authorized rate of per
diem for each quarter, or fraction thereof, of the travel day included within the travel
Period. Class A and Class B travel shall include any assignment on official business outside
of regular office hours and away from official headquarters when it is considered reasonable
and necessary to stay overnight and for which travel expenses are approved.
(b) A traveler shall not be reimbursed on a per diem basis for Class C travel, but shall
receive subsistence as provided in this section, which allowance for meals shall be based on
the following schedule:
1. Breakfast --When travel begins before 6 a.m. and extends beyond 8 a.m.
2. Lunch --When travel begins before 12 noon and extends beyond 2 p.m.
3. Dinner --When travel begins before 6 p.m. and extends beyond 8 p.m., or when travel
occurs during nighttime hours due to special assignment.
No allowance shall be made for meals when travel is confined to the geographical area of
the official headquarters, except travelers will be entitled to the appropriate meal allowance
as follows:
1. If the official headquarters location of the traveler is in the tower Keys, and the traveler
goes beyond the flashing traffic signal on Sugarloaf Key (approximately Mile Marker 17).
2. If the official headquarters location of the traveler is in the Middle Keys, and the traveler
goes beyond the south end of the Spanish Harbor Bridge, or the traveler goes beyond the
north end of the tong Key Bridge.
3. If the official headquarters location of the traveler is in the Upper Keys, and the traveler
goes beyond Mile Marker 76 on Lower Matecumbe Key, or the traveler goes beyond the
south city limits of Florida City in Dade County.
Sec. 2-608. RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE. For purposes of
reimbursement rates and methods of calculation, per diem and subsistence allowances are
divided Into the following groups and rates:
(a) All travelers shall be allowed for subsistence when traveling to a convention or
conference or when traveling within or outside the state In order to conduct bona fide state
business, which convention, conference, or business serves a direct and lawful public
purpose with relation to the public agency served by the person attending such meeting or
conducting such business, either of the following for each day of such travel at the option of
the traveler:
1. One Hundred dollars per diem; or
2. If actual expenses exceed $100, the amounts permitted in paragraph (b) for meals, plus
actual expenses for lodging at a single -occupancy rate to be substantiated by paid bills
therefor.
When lodging or meals are provided at a state institution, the traveler shall be reimbursed
only for the actual expenses of such lodging or meals, not to exceed the maximum
provided for in this subsection.
(b) All travelers shall be allowed the following amounts for subsistence while on Class C
travel on official business as provided in paragraph (5)(b):
1. Breakfast $ 6.50
2. Lunch $13.50
3. Dinner $27.00
(c) No one, whether traveling out of state or in state, shall be reimbursed for any meal or
lodging included in a convention or conference registration fee paid by the state.
Sec.2-609. TRANSPORTATION.
(a) All travel must be by a usually traveled route. In case a person travels by an indirect
route for his or her own convenience, any extra costs shall be bonne by the traveler; and
reimbursement fior expenses shall be based only on such charges as would have been
Incurred by a usually traveled route. The County Administrator or his or her designee shall
designate the most economical method of travel for each trip, keeping in mind the following
conditions:
1. The nature of the business.
2. The most efficient and economical means of travel (considering time of the traveler,
impact on the productivity of the traveler, cost of transportation, and per diem or
subsistence required). When It is more efficient and economical to either the traveler or the
agency head, jet service offered by any airline, whether on state contract or not, may be
used when the cost is within an approved threshold determined by the County
Administrator or his or her designee.
3. The number of persons making the trip and the amount of equipment or material to be
transported.
(b) Transportation by common carrier when traveling on official business and paid for
personally by the traveler, shall be substantiated by a receipt therefor. Federal tax shall not
be reimbursable to the traveler unless the state and other public agencies are also required
by federal law to pay such tax. In the event transportation other than the most economical
class as approved by the County Administrator is provided by a common carrier on a flight
check or credit card, the charges in excess of the most economical class shall be refunded
by the traveler to the County.
(c) The use of privately owned vehicles for official travel in lieu of publicly owned vehicles
or common carriers may be authorized by the County Administrator or his or her designee.
Whenever travel is by privately owned vehicle, the traveler shall be entitled to a mileage
allowance at a fixed rate of 40 cents per mile or the common carrier fare for such travel, as
determined by the County Administrator. Reimbursement for expenditures related to the
operation, maintenance, and ownership of a vehicle shall not be allowed when privately
owned vehicles are used on public business and reimbursement Is made pursuant to this
paragraph, except as provided In subsection (8).
2. All mileage shall be shown from point of origin to point of destination and, when
possible, shall be computed on the basis of the current map of the Department of
Transportation. Vicinity mileage necessary for the conduct of official business is allowable
but must be shown as a separate item on the expense voucher.
(e) Transportation by chartered vehicles when traveling on official business may be
authorized by the County Administrator when necessary or where It Is to the advantage of
the agency, provided the cost of such transportation does not exceed the cost of
transportation by privately owned vehicle pursuant to paragraph (d).
(f) The County Administrator or his or her designee may grant monthly allowances in fixed
amounts for use of privately owned automobiles on official business in lieu of the mileage
rate provided In paragraph (d). Allowances granted pursuant to this paragraph shall be
reasonable, taking into account the customary use of the automobile, the roads customarily
traveled, and whether any of the expenses incident to the operation, maintenance, and
ownership of the automobile are paid from funds of the agency or other public funds. Such
allowance may be changed at any time, and shall be made on the basis of a signed
statement of the traveler, flied before the allowance is granted or changed, and at least
annually thereafter. The statement shall show the places and distances for an average
typical month's travel on official business, and the amount that would be allowed under the
approved rate per mile for the travel shown In the statement, if payment had been made
pursuant to paragraph (d).
(g) No contract may be entered into between a public officer or employee, or any other
person, and the County in which a depreciation allowance is used in computing the amount
due by the agency to the individual for the use of a privately owned vehicle on official
business.
(h) No traveler shall be allowed either mileage or transportation expense when
gratuitously transported by another person or when transported by another traveler who is
entitled to mileage or transportation expense. However, a traveler on a private aircraft
shall be reimbursed the actual amount charged and paid for the fare for such transportation
up to the cost of a commercial airline ticket for the same flight, even though the owner or
pilot of such aircraft is also entitled to transportation expense for the same flight under this
subsection.
(a) The following incidental travel expenses of the traveler may be reimbursed:
1. Taxi fare.
2. Ferry fares; and bridge, road, and tunnel toils.
3. Storage or parking fees.
4. Communication expense.
5. Convention registration fee while attending a convention or conference which will serve
a direct public purpose with relation to the County. A traveler may be reimbursed the actual
and necessary fees for attending events which are not included in a basic registration fee
that directly enhance the public purpose of the participation of the County in the
conference. Such expenses may include, but not be limited to, banquets and other meal
functions. It shall be the responsibility of the traveler to substantiate that the charges were
proper and necessary. However, any meals or lodging Included in the registration fee will
be deducted in accordance with the allowances provided in subsection (6).
Sec. 2-611. .RULES. The County Administrator may adopt such rules, including, but
not limited to, the general criteria to be used by the agency to predetermine justification
for attendance by officers and employees and authorized persons at conventions and
conferences, and prescribe such forms as are necessary to effectuate the purposes of this
ordinance. The County Administrator may also adopt rules prescribing the proper
disposition and use of promotional items and rebates offered by common carriers and other
entities in connection with travel at public expense.
Sec. 2-612. FRAUDULENT CLAIMS. Claims submitted pursuant to this section shall
not be required to be sworn to before a notary public or other officer authorized to
administer oaths, but any claim authorized or required to be made under any provision of
this ordinance shall contain a statement that the expenses were actually incurred by the
traveler as necessary travel expenses In the performance of official duties and shall be
verified by a written declaration that it is true and correct as to every material matter.
(a) Any person who willfully makes and subscribes any such claim which he or she does
not believe to be true and correct as to every material matter, or who willfully aids or
assists in, or procures, counsels, or advises the preparation or presentation under the
provisions of this ordinance of a claim which is fraudulent or is false as to any material
matter, whether or not such falsity or fraud is with the knowledge or consent of the person
authorized or required to present such claim, is guilty of a misdemeanor of the second
degree as provided by statute, punishable as provided in s. 775.082 or s. 775.083., and
whoever shall receive an allowance or reimbursement by means of a false claim shall be
civilly liable in the amount of the overpayment for the reimbursement of the public fund
from which the claim was paid pursuant to the provisions of Section 112.061, Florida
Statutes.
(b) Any person who willfully makes and subscribes any such claim which he or she does
not believe to be true and correct as to every material matter, or who willfully aids or
assists in, or procures, counsels, or advises the preparation or presentation under the
provisions of this ordinance of a claim which is fraudulent or is false as to any material
matter, whether or not such falsity or fraud is with the knowledge or consent of the person
authorized or required to present such claim, and whoever shall receive an allowance or
reimbursement by means of a false claim, shall be subject to discipline, up to and including
termination of employment. The amount involved shall not be material to the discipline to
be Imposed.
Sec. 2-613, TRAVEL VOUCHER FORMS. The County Administrator shall furnish a
uniform travel voucher form which shall be used by all travelers and authorized persons
when submitting travel expense statements for approval and payment. No travel expense
statement shall be approved for payment unless made on the form prescribed and
furnished by the County Administrator. The travel voucher form shall provide for, among
other things, the purpose of the official travel and a certification or affirmation, to be signed
by the traveler, indicating the truth and correctness of the claim in every material matter,
that the gravel expenses were actually incurred by the traveler as necessary in the
performance of official duties, that per diem claimed has been appropriately reduced for
any meals or lodging included in the convention or conference registration fees claimed by
the traveler, and that the voucher conforms in every respect with the requirements of this
section.
Sec. 2-614. ADVANCEMENTS. Notwithstanding any of the foregoing restrictions and
limitations, the County Administrator or his or her designee may make, or authorize the
making of, advances to cover anticipated costs of travel to travelers. Such advancements
may include the costs of subsistence and travel of any person transported in the care or
custody of the traveler in the performance of his or her duties.
Sec. 2-615. DIRECT PAYMENT OF EXPENSES BY AGENCY. Whenever the County
requires an employee or public officer to incur either Class A or Class B travel on
emergency notice to the traveler, such traveler may request the agency to pay his or her
expenses for meals and lodging directly to the vendor, and the agency may pay the vendor
the actual expenses for meals and lodging during the travel period, limited to an amount
not to exceed that authorized pursuant to this section. In emergency situations, the County
Administrator or his or her designee may authorize an increase in the amount paid for a
specific meal, provided that the total daily cost of meals does not exceed the total amount
authorized for meals each day. The County Administrator or his or her designee may also
grant prior approval to make direct payments of travel expenses in other situations that
result in cost savings to the agency.
Section 2.
ordinance is held
invalidity.
If any section, subsection, sentence, clause or provision of this
Invalid, the remainder of this ordinance shall not be affected by such
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. The provisions of this ordinance shall be included and incorporated in
the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment
thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 5. This ordinance shall take effect immediately upon receipt of official
notice from the Office of the Secretary of State of the State of Florida that this ordinance
has been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 18th day of February
2004.
Mayor Nelson Yes
or Pro TernRice Yes
loner McCoy Yes
loner Neugent Yes
ner Spehar No
BOARD OF COUNTY COMMISSIONERS
.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
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MONROE COUNTY ATTORNEY
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