Florida/Georgia Personal Injury & Workers Compensation

...th his official duties with air travel credit cards issued by the State of Florida for official use only on the dates and to the destinations alleged in paragraph two of the Notice of Formal Proceedings filed herein contrary to the provision of Sec. 112.061(3)(b) Florida Statutes, which unauthorized charges were in the total amount of one-thousand-eight-hundred-seventy-eight dollars and sixty-two cents ($1,878.62)....

...ROBERTS (Retired), J., concurs. NOTES [1] His contention that the Commission's procedures denied him due process of law is not borne out by the record. [2] Judge LaMotte agreed that "ST FL" probably was an abbreviation for "State of Florida". [3] Presently Section 112.061(3)(b), Fla....

...ision in the administration of the provisions of this chapter. Members of the councils shall serve without pay, but shall be entitled to reimbursement for their necessary travel expenses incurred in carrying out their official duties, as provided by § 112.061....

plans. Ch. 83-37, § 1, Laws of Fla. (codified at § 112.61, Fla. Stat. (1983)). [9] Brown v. Firestone,

...e has avoided confusion that might flow from use of the terms "12 a.m." and "12 p.m.," opting instead for clearer language. See § 48.091(2), Fla. Stat. (1993) ("Every corporation shall keep the registered office open from 10 a.m. to 12 noon... ."); § 112.061(5)(b)2., Fla....

...NOTES [1] The claimant collected $2,000 in monthly pension benefits. [2] The value of this personal benefit, twenty cents, is presumptively established by applying Section 440.13(4), Florida Statutes (Supp. 1982) (now Section 440.13(5), Florida Statutes (Supp. 1988)) and Section 112.061(7)(d)(1), Florida Statutes (1981)....

...If your investigator is doing work which would otherwise be done by you—preparing witnesses for hearings, talking to experts, preparing mitigation presentations, etc., I will pay $50.00 per hour. 5) Travel. Travel costs, including mileage and per diem, will be paid pursuant to F.S. § 112.061....

...request to deliver supplies. See id. The following day, August 27, 2001, Mr. Silva responded to Ms. Alford's memorandum. He explained the proper reimbursement procedure in place for expenditures related to Ms. Alford's travel pursuant to Fla. Stat. § 112.061 ( i.e., 29 cents per mile)....

...Before EDMONDSON, BLACK and SILER,* Circuit Judges. PER CURIAM: Florida, by statute, restricts the use of state money for travel by state employees to countries that the federal government has listed as “State Sponsors of Terrorism.” See Fla. Stat. §§ 112.061(3)(e), 1011.90(6)....

...y grantors such as private foundations) that are administered by the State (at state expense).3 The Act also prohibits state involvement in reimbursement to state employees and officers for the same kinds of travel-related activities.4 Fla. Stat. § 112.061(3)(e).5 The Act controls the State’s own spending and, in this case, state spending on education -- two core 2 The pertinent section of the statute reads this way: None of the state or nonstate funds made av...

...l not be allowed under any circumstances. For purposes of this section, “terrorist state” is defined as any state, country, or nation designated by the United States Department of State as a state sponsor of terrorism. Fla. Stat. § 112.061(3)(e). 3 issues of traditional and legitimate state concern. The district court granted Plaintiffs summary judgment in part and denied it in part.6 In granting the partial summa...

...The Court heard argument on Plaintiffs' summary judgment motion on July 11, 2008 and permitted the parties to file supplemental briefing. II. FACTUAL BACKGROUND On May 30, 2006, then-Governor Bush signed into law the Travel Act. The challenged portions of the Act are codified in Florida Statutes sections 1011.90(6) and 112.061(3)(e)....

...es related to or involving travel to a terrorist state. For purposes of this section, "terrorist state" is defined as any state, country, or nation designated by the United States Department of State as a state sponsor of terrorism. Florida Statutes section 112.061(3)(e): Travel expenses of public officers or employees for the purpose of implementing, organizing, directing, coordinating, or administering, or supporting the implementation, organization, direction, coordination, or administration...

...First, the placement of commas in the unchallenged sections of the Act which were omitted in challenged portions of the Act has caused a perceived ambiguity about the scope of the activities for which funding is prohibited. Specifically, sections 1011.90(6) and 112.061(3)(e) describe the activities for which the Act prohibits funding as "activities related to or involving travel to a terrorist state," while section 1011.81(2), which inserts a comma before "travel," states: "activities related to, or involving, travel to a terrorist state" cannot be funded....

...ush. ( See id., Ex. 1, Senate Bill 2434.) Below is an outline of the Act's legislative path. The Travel Act was introduced into the Florida Legislature to amend Florida Statutes sections 1011.81 (adding section (2)); 1011.90 (adding section (6)) and 112.061 (adding section (3)(e))....

...ead, "activities related to, or involving, travel to a terrorist state," thus clarifying that the provision restricted funds for "activities related to travel" and "activities involving travel." No change, however, was made to sections 1011.90(6) or 112.061(3)(e)....

...the boundaries of the "forbidden areas were clearly marked." Id. (citing Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 494, 102 S.Ct. 1186, 71 L.Ed.2d 362 (1982)). [37] The same language is included in Florida Statutes section 112.061(3)(e) relating to travel expenses....

for transportation-related expenses? In sum: Section 112.061(11), Florida Statutes, specifically applies

inconsistent with provisions of general law.1 Section 112.061, F.S., provides a uniform method for the reimbursement

increase in benefits on a sound acturial basis. 9 Section 112.61, F.S. See generally, AGO 80-76 discussing Part

reimbursed for their expenses as provided in section 112.061, Florida Statutes, and are paid a fee of $250

increase in benefits on a sound actuarial basis. 3 Section 112.61, Fla. Stat. (1995). See generally, Op. Att'y

...(2010) (“A witness in a criminal case required to appear in a county other than the county of his or her residence and residing more than 50 miles from the location of the trial shall be entitled to per diem and travel expenses at the same rate provided for state employees under s. 112.061, in lieu of any-other witness fee.”); § 112.061(6), Fla. Stat. (2010) (the traveler has the option of selecting a $80 per diem rate or, if actual expenses exceed $80, a set amount for each of breakfast, lunch, and dinner, plus actual expenses for lodging at *683 a single-occupancy rate); §§ 112.061(7) & (8), Fla....

for travel expense reimbursement purposes. Section 112.061(4) provides: The official headguarters

...You indicate in your letter that the Auditor General has requested that the school board seek an opinion from this office regarding the payment of these expenses. Section 230.201, F. S., limits members of the district school board to reimbursement from the district school fund for travel expenses at the rates specified in s. 112.061 , F....

...S., as amended. Chapter 230, F. S., is silent with regard to the travel expenses of the staff and employees of the school board, although the school board clearly has the authority to employ and compensate its officers and employees. See, e.g ., s. 230.23(5). Section 112.061 (1)(a), F. S., however, states that it is the Legislature's intent that the provisions of s. 112.061 are applicable `to all public officers, employees, and authorized persons whose travel expenses are paid by a public agency.' (Except that the provisions of any special or local law prevail over any conflicting provisions of s. 112.061 to the extent of the conflict, s. 112.061 (1)(b)2.) As defined in s. 112.061 (2)(a), it is clear that a district school board is an `agency or public agency' within the purview of and for the purposes of s. 112.061 , as amended. ( See also s. 1.01 (9), F. S.) Therefore, the staff and employees of a district school board are subject to, and their travel expenses and per diem allowances controlled by, the rates and limitations set forth in s. 112.061 , as amended. The travel expenses of all travelers are limited to those expenses necessarily incurred by them in the performance of a public purpose authorized by law to be performed by the agency. Section 112.061 (3)(b). Moreover, all travel must be duly authorized and approved by the head of the agency from whose funds the traveler is paid. Section 112.061 (3)(a). This office has consistently interpreted s. 112.061 , F. S., to authorize reimbursement for per diem and travel expenses only for travel away from the traveler's official headquarters as defined in s. 112.061 (4)....

...nce when travel originates there, if it is a shorter distance than from the official headquarters to the place where the official duties are to be carried out. In AGO 075-275 this office, in considering the definition of `point of origin' as used in s. 112.061 (7)(d)2....

...r distance; he is not, however, entitled to per diem or mileage from his home to the county seat of the county in which he resides and return thereto. Applying the foregoing AGO's to the instant inquiry, it appears that, while the employee may under s. 112.061 , F....

...The employee was not temporarily stationed in Jacksonville as an employee of the school board nor was he performing any official duties for the school board at that location, and the school board had not designated that area as the official headquarters of the employee for travel purposes pursuant to s. 112.061 (4), F....

credit committee is not authorized by statute. Section 112.061(1), F. S., provides that the travel expenses

reimbursed for travel expenses as provided in Section 112.061, Florida Statutes, or words of similar meaning

expenses incurred while serving as a witness. Section 112.061(3), F.S. (1974 Supp.), prescribes the procedure

ADDITIONAL TRIP BACK TO THE WORKPLACE FROM HOME? Section 112.061(1)(a) and (b), F.S., states that it is the

...Green Attorney for Santa Rosa County School Board Post Office Box 605 Milton, Florida 32572 Dear Mr. Green: You have asked the following question: DOES s. 12 OF CH. 79-561, LAWS OF FLORIDA, AS AMENDED, REGARDING PAYMENT OF EXPENSES TO MEMBERS OF THE SANTA ROSA COUNTY CIVIL SERVICE BOARD, PREVAIL OVER THE PROVISIONS OF s. 112.061 , F.S., THE UNIFORM TRAVEL EXPENSE LAW? Section 12, Ch....

...paid an amount to be determined by joint resolution of the Board of County Commissioners of Santa Rosa County and the Santa Rosa County School Board to defray expenses in the discharge of official duties, such sums to be reasonably allocated. (e.s.) Section 112.061 , F.S., provides for per diem and traveling expenses of public officers, employees, and authorized persons. As pertinent to your inquiry, s. 112.061 (1)(b)2., F.S., states that, "[t]o preserve the standardization and uniformity established by this law: ....

...I am of the view that s. 12 of Ch. 79-561, supra, in providing a method for determining an amount payable to members of the Santa Rosa County Civil Service Board to defray expenses, includes travel expenses. Therefore the provisions of this special act prevail over s. 112.061 , F.S., setting forth a uniform system for reimbursement of travel expenses to the extent of any conflict. Payment of expenses pursuant to s. 12, Ch. 79-561, is in lieu of reimbursement of travel expenses under s. 112.061 ....

...SUMMARY In sum, it is my opinion that s. 12 of Ch. 79-561, Laws of Florida, as amended, providing for determination of an amount payable to members of the Santa Rosa County Civil Service Board "to defray expenses," includes travel expenses and therefore prevails over the provisions of s. 112.061 , F.S., the uniform travel expense law....

...employees upon a group insurance plan and, to that end, to enter into contracts with insurance companies or professional administrators to provide such insurance. While the terms "officer" and "employee" are not defined for purposes of this section, s. 112.061 , F.S., relating to travel expenses of public officers and employees defines an "[o]fficer" as "[a]n individual who in the performance of his official duties is vested by law with sovereign powers of government and who is either elected by...

...or its agencies. State agencies are without statutory power to enter into such contracts, and the state is immune from actions thereon). 6 See, AGO 83-72 discussing home rule powers for school boards. 7 See generally, 30 Fla.Jur.2d Insurance s. 2. 8 Section 112.061 (2) , F.S. 9 Section 112.061 (2)(d), F.S....

business, nothing in either Chapter 388 or section 112.061, Florida Statutes, would authorize the payment

employees of the Sheriff's Office limited by section 112.061, Florida Statutes, when these employees are

...be done by general law, then no state officer, agent, or employee can waive the state's sovereign immunity, by contract or otherwise. As to question 2, it suffices to say that Ch. 112 , F.S., contains no language authorizing the payment in question. Section 112.061 (2)(h) defines "common carrier" to include rental cars of an established rental car firm. Section 112.061 (7)(c) provides: Transportation by common carrier when traveling on official business and paid for personally by the traveler, shall be substantiated by a receipt therefor....

...t by the state, either directly or by way of reimbursement, for property damages caused by the negligence of the officer or employee renting the car. Likewise, such a payment is not embraced within any of the incidental traveling expenses covered by s. 112.061 (8), F.S. Such authorization cannot be found in s. 112.061 (3), F.S., either. Section 112.061 (3)(b) limits traveling expenses to those expenses necessarily incurred by them in the performance of a public purpose authorized by law....

...t appear to be an expense which would be considered as having been "necessarily incurred" in the performance of a public purpose authorized by law to be performed by the agency as contemplated by Ch. 112 , F.S. The obvious purpose of the language in s. 112.061 (3)(b) is to prevent travelers, as defined in the act, from obtaining reimbursement for expenses incurred by them for their private benefit, entertainment, or enjoyment. This emphasizes that public funds may be expended only for a public purpose authorized by law and is further intended to circumscribe the specific allowances discussed in s. 112.061 (5), (6), (7), and (8) and elsewhere in Chapter 112....

conforms in every respect with the requirements of § 112.-061, Florida Statutes, (e.s.) In support of his position

the traveler is paid. Section112.061(3)(a). Section 112.061, however, does not contain any provision which

travel expenses as provided in s. 112.061. Section 112.061, F.S., is the uniform travel expense aw. The

travel expenses in an emergency situation.2 Section 112.061, F.S., is the uniform travel expense law for

...ef Judge of the Ninth Judicial Circuit, which designated the "primary assignment" of a circuit judge as the Osceola County Division of that circuit, establish the official headquarters of that judge and his secretary in Kissimmee for the purposes of s. 112.061 , F....

...eadquarters of that judge and his secretary, it would appear that if the judge and secretary are, in fact, performing the substantial portion of their official duties in Kissimmee, then that city should be their official headquarters for purposes of s. 112.061 , F. S. Section 26.52 , F. S., provides that "[e]ach circuit judge shall be reimbursed for traveling expenses as provided in s. 112.061 ." Section 112.061 generally limits the entitlement of public officers and employees to per diem and traveling expenses to authorized travel away from their "official headquarters," and according to s. 112.061 (4), "[t]he official headquarters of an officer or employee assigned to an office shall be the city or town in which the office is located." Cf....

...ges and other court officers." Pursuant to these provisions, I am of the opinion that the chief judge of each judicial circuit has the authority and responsibility of designating the official headquarters of each judge in his circuit for purposes of s. 112.061 , supra. Cf. AGO 072-248. In making this designation, it would appear that the location of the "official headquarters" of a circuit judge that is most consistent with the definition of that term as it is used in s. 112.061 is the city or town wherein the circuit judge performs the substantial portion of his judicial duties. Cf. AGO 064-21. As to whether the local order in question constitutes a designation by the chief judge of the official headquarters of the circuit judge involved, as contemplated by s. 112.061 , F....

...h Judicial Circuit, i.e., he may issue a clarifying order or an order expressly designating the official headquarters of the judges in his circuit. In either event, he should be guided by the meaning of the term "official headquarters" as defined in s. 112.061 and as discussed hereinabove....

...With respect to the secretary who assists the circuit judge involved in carrying out his "primary assignment" in the Osceola County Division, nothing in the local order in question purports to assign her to an office in Kissimmee or "station" her in Kissimmee as contemplated by s. 112.061 (4)(b), F. S. (which provision, it might be noted, is apparently limited in application to "employees" as defined in s. 112.061 (2)(d), F. S.). Nor am I informed that she has been assigned or stationed in Kissimmee by the circuit judge for whom she works. Accordingly, I cannot conclude where her official headquarters is located for purposes of s. 112.061 ....

expenses at rates other than those prescribed in section 112.061, Florida Statutes, when such grants allow reimbursement

...6 Members of the authority, with the exception of designated ex officio members, are appointed by the Commissioner of Agriculture for terms of four years. 7 Members of the authority shall not be entitled to compensation for their services as members, but shall be reimbursed for travel expenses as provided in section 112.061 , Florida Statutes, and may be compensated for any special or full-time service performed in its behalf as officers or agents of the authority....

...ll be reimbursed for the amount of actual expenses incurred by them in the performance of their duties. All travel expenses, subsistence and lodging expenses of members of the authority and of authority employees shall not exceed those prescribed by s. 112.061 , Florida Statutes, unless actual reasonable expenses in excess of those prescribed by s. 112.061 , Florida Statutes, are specifically authorized prior to the incurring of such expenses by action of the authority taken in a regular monthly meeting in which the question of such expenses appears as a separate item on the agenda....

...ority office and has therefore requested an opinion from this office regarding the propriety of such reimbursements for expenses incurred prior to October 1, 1977, as well as subsequent to October 1, 1977. The provisions and limitations contained in s. 112.061 , F....

...S., the state Uniform Travel Expense Law, are applicable to `[a]ny . . . authority, district, public body, body politic . . . or any other separate unit of government created pursuant to law,' and to `all public officers, employees, and authorized persons whose travel expenses are paid by a public agency,' s. 112.061 (1)(a) and (2)(a), F. S., except that `[t]he provisions of any special or local law, present or future, shall prevail over any conflicting provisions in [s. 112.061 ], but only to the extent of the conflict.' Section 112.061 (1)(b)2., F. S. Thus the provisions of Ch. 31263, 1955, Laws of Florida, will prevail over any conflicting provisions contained in s. 112.061 , regarding the travel expenses of the authority's members, but only to the extent of the conflict . Chapter 31263, 1955, Laws of Florida, and the subsequent amendment thereto in 1977 by Ch. 77-651 , Laws of Florida, both, however, contain substantially the same requirement as s. 112.061 that the reimbursement of expenses be limited to those expenses incurred `in the performance of their duties.' See s. 112.061 (3)(a), F. S., requiring a signed statement by the traveler's supervisor stating that such travel is on the official business of the state and s. 112.061 (3)(b), F. S., limiting travel expenses under s. 112.061 `to those expenses necessarily incurred by them in the performance of a public purpose authorized by law to be performed by the agency ....

...thority's members to the office or official headquarters of the authority and return. Compare s. 458.04(1), F. S., in which the Legislature expressly authorized members of the Board of Medical Examiners to receive per diem and mileage as provided in s. 112.061 from their place of residence to the place of meeting and return; see also s....

...91(a). Reimbursement for mileage incurred by members in traveling to and from their homes and the authority's office is not expressly authorized by the special acts establishing the airport authority. Moreover, this office has consistently interpreted s. 112.061 , F....

...for mileage in traveling from their homes to the district's administrative headquarters; they are, however, entitled to `vicinity mileage' when it is officially authorized and is clearly shown to be necessary to carry out their official duties. See s. 112.061 (7)(d)2., F....

...r places of residence to their offices are a `necessary expense' in the conduct of their office, in the absence of statute expressly or by conclusive implication allowing the same.' Thus neither the enabling legislation for the airport authority nor s. 112.061 , F....

...S., expressly authorizes reimbursement for mileage in traveling from the member's residence to the authority's headquarters and return. Section 3(f) of Ch. 77-651 , Laws of Florida, empowers the authority to exceed only the rates or amounts prescribed by s. 112.061 ....

expenditures of its officers and employees. Section 112.061(10)(a), F. S., does provide, however, that

...(Emphasis supplied.) The foregoing statutory provision clearly provides that the state shall not charge any fee or other charge against a `trainee' or local or state law enforcement agency for the training, room, or board of participants in these programs; these costs are to be borne by the state. Section 112.061 (6), F. S., which provides generally for per diem rates and subsistence allowances for public employees, permits the trainee to be reimbursed only for actual expenses of lodging and meals, not to exceed $25, as provided in s. 112.061 (6)(a)2....

...tion' to provide training for, or facilities for training, police officers. These officers, if approved by the department, are to receive such training `without cost.' Paragraphs (a) and (b) of s. 943.25 (9), F. S., must be read in pari materia with s. 112.061 , F....

...l law enforcement agency. The costs of training, room, or board of any trainee must be borne by the state out of duly appropriated moneys for those purposes at the actual costs thereof, even though the same might exceed the $25 per diem limit set by s. 112.061 (6)(c)2....

...the training programs and facilities. AS TO QUESTION 2: Members of the Police Standards and Training Commission serve without compensation; however, they are statutorily authorized `to be reimbursed for per diem and traveling expenses as provided by s. 112.061 , F....

...priations Act. The traveling expenses of all travelers are limited to those expenses necessarily incurred by them in the performance of a public purpose authorized by law to be performed by the agency and must be within the limitations prescribed by s. 112.061 (3)(b), F. S. All travel must be duly authorized and approved by the agency head. Section 112.061 (3)(a), F....

purposes of travel reimbursement pursuant to section 112.061, Florida Statutes. The opinion discussed the

See, e.g., AGO's 77-123, 76-56 and 74-132. Section 112.061(4), F.S., provides that the official headquarters

and necessarily required to stay overnight. Section 112.061(5)(a), F. S. Straight per diem may be allowed

...3 Section 374.983 (5), Florida Statutes, provides: "Members of the district shall serve without compensation, but shall be reimbursed for travel expenses incidental to attendance at board meetings, or the performance of other official duties as a member of the board, as provided by s. 112.061 ." (e.s.) You state that one of the commissioners was to be vacationing in Canada during the period of a two-day board meeting....

...mation available to a commissioner attending in person. The district, therefore, wishes to know whether it may reimburse the commissioner who is on vacation in Canada for his expenses incidental to his attendance at the board meeting. The purpose of section 112.061 , Florida Statutes, is "to establish uniform maximum rates, and limitations, with certain justifiable exceptions, applicable to all public officers, employees, and authorized persons whose travel expenses are paid by a public agency." 4 Section 112.061 (1)(b), Florida Statutes, provides: "(b) To preserve the standardization and uniformity established by this law: 1....

...such general law shall prevail, but only to the extent of the exemption. 2. The provisions of any special or local law, present or future, shall prevail over any conflicting provisions in this section, but only to the extent of the conflict." Thus, section 112.061 , Florida Statutes, provides the method by which travel expenses for public officers, employees and authorized persons are to be paid by a public agency, unless a special law provides to the contrary or a general law specifically referring to section 112.061 provides an exemption. Section 112.061 , Florida Statutes, generally authorizes reimbursement for travel expenses incurred only for travel away from the traveler's official headquarters. 5 Section 374.983 (5), Florida Statutes, however, states that members of the district shall be reimbursed for travel expenses incidental to attendance at board meetings as provided by section 112.061 , Florida Statutes. Such language appears to constitute a limited exception to section 112.061 by authorizing the reimbursement of the travel expenses of district commissioners in attending board meetings. Such expenses are to paid in accordance with the provisions of section 112.061 ....

...e residents of the district. Common sense would dictate that the Legislature sought to authorize the reimbursement of expenses normally incurred by board members in traveling to and from their residences or offices to board meetings. In interpreting section 112.061 , Florida Statutes, this office has generally taken the view that authorized mileage should always be based on the shorter distance to the point of destination....

...n the official headquarters commences from the city in which the traveler resides, which is different from his or her official headquarters, the mileage should be computed on the basis of the shorter distance to the point of destination. 9 Moreover, section 112.061 (7), Florida Statutes, states that all travel must be by a usually traveled route with the traveler bearing any extra costs for traveling by an indirect route for his or her own convenience....

...Johns, Flagler, Volusia, Brevard, St. Lucie, Martin, Indian River, Palm Beach, Broward, and Dade. 2 See, s. 374.980 , Fla. Stat., setting forth the legislative intent for Part II, Ch. 374 , Fla. Stat. And see , Ch. 96-425, Laws of Florida. 3 Section 374.983 (1) and (2), Fla. Stat. 4 Section 112.061 (1)(a), Fla....

...culated from the residence; 74-132 (1974) (mileage is computed on the basis of the distance from the headquarters city to the city in which the duties are to be performed unless the actual distance, i.e., from the residence, is shorter). 10 And see, s. 112.061 (9)(a), Fla....

112.061, F.S. (1988 Supp.). Question One Section 112.061, F.S. (1988 Supp.), is the uniform travel expense

...C.J. The state appeals an order dismissing six counts of a criminal information filed against the appellee, based on acts committed while the appellee served as a coun *816 ty commissioner. We conclude that the trial court correctly determined that section 112.061(10), Florida Statutes, provides the exclusive means of prosecution for the alleged acts, and that, the six counts charging other offenses were properly dismissed....

...He filed a motion to dismiss, and it was indicated that the charged crimes were predicated on allegations involving false reimbursement claims on travel vouchers submitted in connection with the appellee’s status as a public officer. The appellee maintained that the offense identified in section 112.061(10) is the appropriate charge for these acts, with the legislature having made this the pertinent charge to the exclusion of other offenses identified in the general laws of this state. Section 112.061 is á comprehensive enactment relating to the per diem and travel expenses of public officers and employees, with subsection (10) addressing fraudulent claims and providing that one who willfully makes and subscribes such a claim as t...

...775.082 or s. 775.083.” This subsection (10) offense is thus distinguished from the dismissed charges here, which were brought under other criminal provisions in the general laws and which involve various criminal penalties. The state suggests that section 112.061(10) could be treated as merely providing an alternative means of prosecution for the alleged acts. However, section 112.061(l)(b)l clearly and explicitly states a legislative intent that (in the absence of a specific exemption) the “provisions of this section shall prevail over any conflicting provisions in a general law, present or future, to the extent...

...rate and reimbursement process apart from the fraudulent claims provision in subsection (10), but the state’s approach does not accord with the unambiguous language of subsection (l)(b)l which in referring to “this section” encompasses all of section 112.061 including subsection (10) 1 . Indeed, the breadth of the legislative intent expressed by subsection (l)(b)l is emphasized by the directive therein that the provisions of section 112.061 shall prevail even as to conflicts which arise in the future. Furthermore, subsection (l)(b)l was enacted at the same time and as part of the same legislative bill which enacted subsection (10) 2 , and we will not presume that the legislature was unmindful of the interplay between these two subsections. The section 112.061(10) offense would appear to be complete upon the wrongful submission of a fraudulent claim, without regard to whether an improper reimbursement is ultimately obtained....

...o whether such property is ultimately obtained. See § 812.014(1), Fla. Stat. Insofar as the acts alleged here involve a wrongful attempt to obtain reimbursement through the submission of fraudulent claims, the charged thefts are subsumed within the section 112.061(10) offense *817 which is given priority by the exclusivity provision in section 112.061(l)(b)l. The official misconduct offense is similarly completed upon the knowing falsification of an official record, with a corrupt intent to obtain a benefit. See § 839.25(1), Fla. Stat. Such misconduct is thus also subsumed within the section 112.061(10) offense. The exclusive application of section 112.061(10) here is consistent with the principle of criminal law which ordinarily gives controlling effect to the particular and specific statutory proscriptions addressing acts which otherwise might also be circumscribed by more general criminal provisions....

...This also accords with the rule of lenity, which instructs that criminal statutes susceptible of differing constructions are to be interpreted in a manner most favorably to the accused. See State v. Rife, 789 So.2d 288 (Fla.2001); § 775.021(1), Fla. Stat. We therefore conclude that section 112.061(10) is the exclusive means of prosecution for the acts alleged here, and that the other charged offenses were properly dismissed....

employee as provided in s. 112.061(11)(b), F.S. Section 112.061(8), F.S., provides that certain incidental

Monroe: You ask the following questions: 1. Does Section 112.061, Florida Statutes, authorize agency heads,

not authorized to pay the vendor directly. Section 112.061, F. S. (1974 Supp.), which controls per diem

established pursuant to section 112.061(6), Florida Statutes? In sum: Section 112.061(6), Florida Statutes

...in Melbourne, for purposes of attending board meetings. Section 8 of Ch. 82-307, Laws of Florida, provides: "The members of the commission shall serve without compensation, but shall be reimbursed for per diem and travel expenses in accordance with s. 112.061 , Florida Statutes." This office has consistently interpreted the provisions of s. 112.061 , F.S., the uniform travel expense law, as authorizing reimbursement for travel expenses only for travel away from the official headquarters of the public officer or employee. See, e.g., AGO's 83-37, 77-123, 77-117, 76-56, and 74-132. Section 112.061 (3)(b), F.S., provides that "[t]raveling 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 agency and must be within the limitations prescribed by this section." Section 112.061 (4) provides that "[t]he official headquarters of an officer or employee assigned to an office shall be the city or town in which the office is located. . . ." Section 112.061 (7)(d)2....

...This office stated in AGO 75-275 that reimbursable travel mileage should be computed on the basis of the distance from the point of origin city (headquarters city) to the city of destination, if possible by using the mileage shown on the official map of the Department of Transportation as provided in s. 112.061 (7)(d)2....

...Cuyler Collier County Attorney Collier County Courthouse 3301 Tamiami Trail East Building F Naples, Florida 339632-4976 Dear Mr. Cuyler: You ask on behalf of the Collier County Commission substantially the following question: May the board of county commissioners of noncharter county, pursuant to section 112.061 (7), Florida Statutes, (1988 Supplement) and Chapter 125 , Florida Statutes (1988 Supplement), authorize and approve monthly allowances for the use of privately owned vehicles by county employees for official business based upon administrative, budgetary, and general welfare factors not specifically enumerated in section 112.061 (7), Florida Statutes (1988 Supplement)? In sum: It is within the discretion of the board of county commissioners to authorize fixed monthly allowances for the use of privately owned vehicles by county employees for official business. Such allowances, however, must be reasonable, taking into account those factors enumerated in section 112.061 (7)(f), Florida Statutes (1988 Supplement)....

...lic employees for the use of their private automobiles in carrying out their public duties is less expensive than purchasing county automobiles. The monthly allowance, however, is greater than the statutorily prescribed reimbursement for mileage. In section 112.061 , Florida Statutes (1988 Supplement), the Legislature provides a uniform method for the reimbursement of public officers, employees, and authorized persons whose travel expenses are paid by a public agency. 4 To preserve the uniformity of reimbursement for travel expenses, section 112.061 (1)(b), Florida Statutes (1988 Supplement) states: "1....

...such general law shall prevail, but only to the extent of the exemption. 2. The provisions of any special or local law, present or future, shall prevail over any conflicting provisions in this section, but only to the extent of the conflict." Thus, section 112.061 , Florida Statutes (1988 Supplement), sets forth the method, prescribed by general law, by which public officers, employees and authorized persons are reimbursed for travel expenses. Section 112.061 (7), Florida Statutes (1988 Supplement), requires that all travel be by a usually traveled route....

...The number of persons making the trip and the amount of equipment or material to be transported." 5 The use of a privately owned vehicle for official travel in lieu of a publicly owned vehicle or common carrier may be authorized by the agency head. 6 Furthermore, section 112.061 (7)(d), Florida Statutes (1988 Supplement), provides: "Whenever travel is by privately owned vehicle, the traveler shall be entitled to a mileage allowance at a fixed rate of 20 cents per mile or the common carrier fare for such travel, as determined by the agency head....

...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)." 7 Section 112.061 (7)(f), Florida Statutes (1988 Supplement), however, states: "The agency head 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)....

...Where the Legislature has expressly enumerated those things which must be considered in determining a reasonable fixed monthly allowance, no other factors should be included. 10 Furthermore, as evidenced by the express intent of this legislation, the purpose of section 112.061 , Florida Statutes (1988 Supplement), is to establish standard and uniform procedures to reimburse public officers and employees for travel expense....

...11 Therefore, it is my opinion that the governing board of the county, as the agency head, has discretion to grant a fixed monthly allowance in lieu of the prescribed mileage rate. The fixed amount, however, must be reasonable, taking into account those factors enumerated in section 112.061 (7)(f), Florida Statutes (1988 Supplement)....

...1971) (where state law preempts a field, local government may not legislate on the same subject). Cf., City of Miami Beach v. Rocio Corporation , 404 So.2d 1066 (Fla. 3d DCA 1981) (municipal ordinances are inferior to state law and must fail when conflict arises). 4 See, s. 112.061 (1), Fla....

...It is the intent of the Legislature: (a) To remedy same and to establish uniform maximum rates, and limitations, with certain justifiable exceptions, applicable to all public officers, employees, and authorized persons whose travel expenses are paid by a public agency." 5 Section 112.061 (7)(a), Fla. Stat. (1988 Supp.). 6 Section 112.061 (7)(d)1., Fla. Stat. (1988 Supp.). 7 Id . Section 112.061 (8), Fla....

...(1988 Supp), sets forth incidental travel expenses which the traveler may be reimbursed, such as taxi fare, ferry fares, road, bridge and tunnel tolls, storage or parking fees, communication expense, and convention registration fees for conventions serving a direct public purpose. 8 See , s. 112.061 (7)(g), Fla....

...(1988 Supp.), prohibiting contracts between a public officer or employee, or any other person, and a public agency, in which depreciation allowance is used in computing the amount due by the agency to the individual for the use of a privately owned vehicle. 9 See , s. 112.061 (7)(a), Fla. Stat. (1988 Supp.). 10 Towerhouse Condominium, Inc. v. Millman , 475 So.2d 674 (Fla. 1985) (general rule of statutory construction is that mention of one thing implies the exclusion of another). 11 See , s. 112.061 (1), Fla....

...S., which provides for the compensation of county officials? SUMMARY: A payment under Sumter County Ordinance No. 71-8 providing for an in-county travel expense allowance of $50 per month for each member of the board of county commissioners without complying with the requirements of s. 112.061 (7)(f), F. S. (1974 Supp.), would not appear to be a proper reimbursement for travel expenses under s. 112.061 , F....

...The board of county commissioners is not authorized by Ch. 145 to grant to themselves an additional monthly expense allowance for travel and other expenses related to the performance of their duties as they may do for the chairman. Payments made to county officials pursuant to s. 112.061 , F....

...S., and AGO 073-485. Sumter County Ordinance No. 71-8 provides for an in-county travel allowance of $50 per month for each member of the board of county commissioners regardless of actual mileage traveled. The board of county commissioners is authorized by s. 112.061 (7)(f), F. S. (1974 Supp.), to grant monthly allowances in fixed amounts for the use of privately owned automobiles on official business in lieu of the mileage rate prescribed by s. 112.061 (7)(d)....

...d or changed, and at least annually thereafter. (It should be noted that a depreciation allowance may not be used in computing the amount due by the county to the individual commissioner for the use of a privately owned vehicle on official business. Section 112.061 (7)(g), F....

...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 s. 112.061 (7)(d), F. S. (1974 Supp.). Section 112.061 (7)(f)....

...(Moreover, a noncharter county may not enact any ordinance inconsistent with general or special law. Section 1(f), Art. VIII, State Const., and s. 125.01 (1), F. S.) The county ordinance in question does not appear to be sufficient to substitute for or serve in lieu of the action authorized and required by s. 112.061 (7)(d), supra, or to meet the requirements of a signed statement of the traveler provided for in s. 112.061 (7)(f), supra; and, payments pursuant to any such ordinance would not appear to be proper reimbursement for travel or transportation expenses under s. 112.061 , F. S. (1974 Supp.). Section 112.061 , F. S. (1974 Supp.), is the only authority for the county to reimburse its officers and employees for travel expenses. Section 112.061 controls as to conflicts between its provisions and conflicting provisions in other general laws. Section 112.061 (1)(b)1. However, the provisions of special or local laws prevail over conflicting provisions of s. 112.061 to the extent of any conflict. Section 112.061 (1)(b)2. An ordinance is not a special or local law within the purview of s. 112.061 (1)(b)2. which would prevail over any conflicting provisions of s. 112.061 ; and the county is not constitutionally empowered and is not authorized by s. 112.061 to adopt any ordinance or resolution inconsistent with s. 112.061 ....

...145.121 (2), supra, insofar as the chairman of the board of county commissioners is concerned and is not in conflict with Ch. 145 in this regard. A point which underlies this opinion and should be stated for clarification is that, generally, mileage allowances or travel expenses authorized by s. 112.061 , F....

300 So.2d 900 (Fla. 1974). AS TO QUESTION 2: Section 112.061(1)(a), F. S., states that it is the Legislature's

allowances which vary from s. 112.061, F.S. Section 112.061, F.S., provides per diem and travel allowances

Statutes (1994 Supp.). Subsection (7)(d)1. of section 112.061 authorizes a reimbursement rate of 25 cents

...re is no statutory authority to reimburse a state employee for per diem when on sick leave because of illness occurring while on travel status away from his official headquarters. Your question is answered in the negative. Under the express terms of s. 112.061 (3)(b), F....

...S., reimbursable 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 agency and must be within the limitations prescribed by this section. (Emphasis supplied.) Section 112.061 (12)(b), F....

travel and per diem expenses as provided in section 112.061, Florida Statutes."6 Thus, commissioners are

prohibited by ss. 145.1214 and 145.17, F.S.5 Section 112.061, F.S., establishes uniform maximum rates applicable

which limits subsistence reimbursement under section 112.061, Florida Statutes, apply to council members

registration fees, etc. . Section 112.061, Florida Statutes (1972). Section 112.061(11) provided that fraudulent

...the $100 limitation provided in the district's charter? In sum: A commissioner of the Central Broward Drainage District may not be reimbursed for travel expenses in excess of $100 for attendance at a meeting of the Association of Special Districts. Section 112.061 , Florida Statutes, governs the per diem and travel expenses of public officers and employees in this state. With the enactment of section 112.061 , the Legislature sought to establish uniform maximum rates and limitations, with certain exceptions, applicable to public officers, employees, and authorized persons whose travel expenses are paid by a public agency. 1 Section 112.061 (1)(b)2., Florida Statutes, however, expressly states that "[t]he provisions of any special or local law, present or future, shall prevail over any conflicting provisions in this section, but only to the extent of the conflict." Chapt...

...4 In Attorney General Opinion 67-20, this office considered the impact of a special act providing that the commissioners of an anti-mosquito district were entitled to the per diem payment of $20 per day for actual expenses. Stating that the special act was in conflict with section 112.061 , Florida Statutes, this office concluded that the provisions of the special act controlled over the travel and per diem provisions of that section....

...Similarly, the special act has limited the reimbursable expenses of a commissioner of the Central Broward Drainage District to $100 per month. I find nothing in the act that would exclude travel expenses from such limitation. Therefore, to the extent that section 112.061 would authorize reimbursement for travel expenses in excess of this amount, such provisions would, in my opinion, be in conflict with the special act....

...Therefore, I am of the opinion that a commissioner of the Central Broward Drainage District may not be reimbursed for travel expenses in excess of $100 for attendance at a meeting of the Association of Special Districts. Sincerely, Robert A. Butterworth Attorney General RAB/tgk 1 Section 112.061 (1)(a), Fla. Stat. And see, s. 112.061 (2)(a), Fla....

substantially the following question: Does section 112.061, Florida Statutes, apply to the Florida Keys

state sponsor of terrorism. Florida Statutes section 112.061(3)(e): Travel expenses of public officers or

...d by a state university be used by a university student government association for student government association purposes? SUMMARY: A member of a student government association may be reimbursed, as an `authorized person,' for travel expenses under s. 112.061 , F....

...S., only if such individual has been authorized and approved by the head of the university to incur travel expenses in the performance of a public purpose authorized by law to be performed by the university and subject to the limitations prescribed by s. 112.061 ....

...he use of state vehicles by restricting the use of such vehicles to official state business. What constitutes official state business, however, must be ascertained by an examination of those statutes which relate to the agency in question, including s. 112.061 , F....

...1979, regarding the powers and duties of the Board of Regents. The student government organizations are funded, at least in part, from student activity fees. See s. 240.0951, F. S. 1977, repealed by s. 121, Ch. 79-222, and s. 240.235, F. S., created by s. 19, Ch. 79-222. Section 112.061 (1)(a), F. S., provides that the travel expenses and per diem of all public officers, employees, or authorized persons of a public agency are subject to, and controlled by, the rates and limitations set forth in s. 112.061 , as amended, unless expressly exempted by general law specifically referring to s. 112.061 . A state university established pursuant to and governed by statute clearly falls within the definition of `agency or public agency' contained in s. 112.061 (2)(a) as `[a]ny office, department, agency, division, subdivision, board, bureau, commission, authority, district, public body ....

...or any other separate unit of government created pursuant to law.' I am not aware of any provision, nor has such a provision been brought to my attention, which contains an exemption for the officers, employees, and authorized persons of the state universities from the provisions of s. 112.061 . In the absence of such an express and specific exemption, such officers, employees, and authorized persons are subject to and limited by the provisions of s. 112.061 . Paragraphs (c) and (d) of s. 112.061 (2), F. S., define `officer or public officer' and `employee or public employee' for the purposes of s. 112.061 , while paragraph (e) defines `authorized person' to mean, in pertinent part, a `person other than a public officer or employee as defined herein, whether elected or commissioned or not, who is authorized by an agency head to incur travel expenses in the performance of his official duties.' Under the broad definition of `authorized person' contained in s. 112.061 (2)(e), it appears tht members of a student government association may be authorized by the agency head of the university to incur travel expenses under certain conditions. Section 112.061 , however, limits the traveling expenses of such authorized persons as well as the traveling expenses of public officers and employees to those expenses necessarily incurred in the performance of a public purpose authorized by law to be performed by the agency. See s. 112.061 (3)(b)....

...The statute further provides that the agency head shall not authorize or approve such a request unless it is accompanied by a signed statement by the traveler's supervisor stating that such travel is on the official business of the state and also stating the purpose of such travel. Section 112.061 (3)(a). See s. 112.061 (2)(b), which defines `agency or head of the agency' as the `highest policy-making authority of a public agency, as herein defined,' and Rule 6C-5.19(1) and (2), F.A.C., which provides: (1) The Presidents [of the universities] may authorize travel for university personnel, but only as necessary and required....

...(2) Responsibility for controlling expenditures for travel shall be that of the institution. The amount of per diem to be paid while on travel may be determined by the President provided, however, it does not exceed the statutory limit. The agency head determines the maximum rates as set forth in s. 112.061 (6), F. S., and designates the most economical method of travel for each trip, s. 112.061 (7)(a); in certain cases, he may authorize the use of privately owned vehicles, s. 112.061 (7)(d)1., or chartered vehicles, s. 112.061 (7)(e). See also s. 112.061 (7)(f). Moreover, the agency head may make or authorize the making of advances to cover the anticipated costs of travel, s. 112.061 (12)....

...y, benefit will flow to the county by reason of the attendance of county officers; other types of meetings may or may not be beneficial, depending on their nature and the problems studied and considered. As previously stated, under the provisions of s. 112.061 , F....

...) in carrying out a purpose, function, or duty authorized by law to be performed by the state agency from whose funds the traveler is paid. Thus, members of the student government association, as `authorized persons,' may incur travel expenses under s. 112.061 only in carrying out the duties or purposes imposed by law upon the universities; if such purpose is not authorized by law as a valid purpose, duty, or function of the university, the requirement in s. 112.061 (3)(b) that the travel expenses be necessarily incurred in the performance of a public purpose authorized by law to be performed by the agency cannot be met....

...rpose and must be directly connected with or related to such purposes. Therefore, based upon the foregoing, I am of the opinion that a member of a student government association may be reimbursed, as an `authorized person,' for travel expenses under s. 112.061 , F....

...S., only if such individual has been authorized and approved by the head of the university to incur travel expenses in the performance of a public purpose authorized by law to be performed by the university and subject to the limitations prescribed by s. 112.061 ....

of the county in which he resides. (e.s.) Section 112.061, F.S., provides for "uniform maximum rates"

increase in benefits on a sound actuarial basis. Section 112.61 expressly states that the legislative purpose

...Conn: You have asked on behalf of the Clerk of the Circuit Court for St. Johns County substantially the following question: Are travel expenses reimbursed by the county from tourist development tax revenues to representatives of the chamber of commerce who promote and advertise tourism in St. Johns County subject to s. 112.061 , F.S. (1988 Supp.)? In sum, I am of the following opinion: As an exception to s. 112.061 , F.S....

...xpenses. After the county commission determines that the expenses serve to promote and advertise tourism, the expenses are paid from tourist development tax revenues. The question arises whether the reimbursement to the representatives is subject to s. 112.061 , F.S. (1988 Supp.). The purpose of s. 112.061 , F.S....

...in justifiable exceptions, applicable to all public officers, employees, and authorized persons whose travel expenses are paid by a public agency." 1 (e.s.) The chamber representatives you describe are neither public officers nor public employees. 2 Section 112.061 (2)(e), F.S....

...A person who is a candidate for an executive or professional position. To the extent the chamber representatives are authorized by the county to incur expenses in the performance of the county's official duties, they would be an "authorized person." Section 112.061 (1), F.S....

..., such general law shall prevail, but only to the extent of the exemption. 2. The provisions of any special or local law, present or future, shall prevail over any conflicting provisions in this section, but only to the extent of the conflict. Thus, s. 112.061 , F.S. (1988 Supp.), generally provides the exclusive method by which travel expenses for public officers, employees and authorized persons are paid by a public agency. However, this is the case only to the extent specific exemptions by reference to s. 112.061 , F.S....

...eting with travel writers, tour brokers, or other persons connected with the tourist industry, and while attending or traveling in connection with travel or trade shows. With the exception of provisions concerning rates of payment, the provisions of s. 112.061 are applicable to the travel described in this paragraph. (e.s.) The language of the statute specifically refers to and excepts from s. 112.061 , F.S. (1988 Supp.), the rate of payment for reimbursement of travel expenses paid under the act. Pursuant to s. 112.061 (1)(b), F.S....

...It is my opinion, therefore, that to the extent s. 125.0104 (9)(c), F.S. (1988 Supp.), prescribes that "actual reasonable and necessary costs" shall be paid for travel, meals, lodging, and incidental expenses of authorized persons, it would control over s. 112.061 , F.S. (1988 Supp.). Sincerely, Robert A. Butterworth Attorney General (ls) 1 Section 112.061 (1)(a), F.S. (1988 Supp.). 2 Section 112.061 (2), F.S....

...ssor. (d) Employee or public employee — 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 an agency head. 3 Section 112.061 (2)(b), F.S....

...wer CC-1, Post Office Box 9000 Bartow, Florida 33831-9000 Dear Mr. Weiss: As Clerk of the Circuit Court for Polk County, you ask the following question: Does section 48 of Chapter 01-254, Laws of Florida, which limits subsistence reimbursement under section 112.061 , Florida Statutes, apply to county employees? In sum: Section 48 of Chapter 01-254, Laws of Florida, which limits subsistence reimbursement under section 112.061 , Florida Statutes, does not apply to county employees, officers or authorized persons traveling on behalf of the county. Section 112.061 , Florida Statutes, sets forth the uniform travel expense law for public agencies of this state....

...employees, or authorized persons whose travel expenses are paid by a public agency be subject to the rates and limitations set forth in the statute, unless expressly exempted by general law or in conflict with special or local law. 1 For purposes of section 112.061 , Florida Statutes, "[a]gency or public agency" is defined as: "Any office, department, agency, division, subdivision, political subdivision, board, bureau, commission, authority, district, public body, body politic, county , city, town, village, municipality, or any other separate unit of government created pursuant to law." 2 (e.s.) Thus, section 112.061 , Florida Statutes, provides the method by which travel expenses for county officers, employees, and authorized persons are to be paid by a public agency. 3 Section 112.061 (2)(k), (l), and (m), Florida Statutes, defines the different classes of travel: "(k) Class A travel — Continuous travel of 24 hours or more away from official headquarters....

...(l) Class B travel — Continuous travel of less than 24 hours which involves overnight absence from official headquarters. (m) Class C travel — Travel for short or day trips where the traveler is not away from his or her official headquarters overnight." Section 112.061 (5), Florida Statutes, in prescribing the method for the computation of travel time for reimbursement, provides in paragraph (b): "A traveler shall not be reimbursed on a per diem basis for Class C travel, but shall receive subsistenc...

...t assignments of official business outside the traveler's regular place of employment if travel expenses are approved. The Comptroller shall establish a schedule for processing Class C travel subsistence payments at least on a monthly basis." (e.s.) Section 112.061 (6), Florida Statutes, in setting forth the rates of per diem and subsistence reimbursement, states in paragraph (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....

...$12" During the 2001 legislative session, the Legislature passed Senate Bill 2002 (enacted as Chapter 01-254, Laws of Florida) to implement the 2001-2002 General Appropriations Act (Chapter 01-253, Laws of Florida). Section 48 of Chapter 01-254 added paragraph (c) to subsection 112.061 (5) and paragraph (d) to subsection 112.061 (6), Florida Statutes, which both provide: "For the 2001-2002 fiscal year only and notwithstanding the other provisions of this subsection, for Class C travel, a state traveler shall not be reimbursed on a per-diem basis nor shall a traveler receive subsistence allowance....

...y to state travelers or also includes those traveling on behalf of the county. In construing statutes, the Legislature's intent should be ascertained and effectuated. 4 Section 48 of Chapter 01-254, Laws of Florida, in providing for the amendment of section 112.061 (5) and (6), Florida Statutes, provides: "In order to implement sections 2-7 of the 2001-2002 General Appropriations Act, subsections (5) and (6) of section 112.061 , Florida Statutes, are amended to read:....

...er 01-254, Laws of Florida, was to limit subsistence reimbursement for travelers whose reimbursement is paid by the state. Accordingly, I am of the view that section 48 of Chapter 01-254, Laws of Florida, which limits subsistence reimbursement under section 112.061 , Florida Statutes, does not apply to county employees, officers, or authorized persons traveling on behalf of the county. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 See, s. 112.061 (1), Fla. Stat. 2 Section 112.061 (2)(a), Fla. Stat. 3 See, s. 112.061 (2)(c), (d), and (e), Fla....

to be substantiated by bills paid therefor. Section 112.061(6)(a)2., F. S. If the traveler to a convention

...ire District are not authorized to adopt a resolution to compensate themselves fifty dollars for each meeting of the board attended. The board members may be reimbursed for their travel expenses to the extent such expenses are authorized pursuant to section 112.061 , Florida Statutes....

...6 Generally, public officers have no legal claim for official services rendered, except when and to the extent that compensation is provided by law, and when no compensation is so provided, the rendition of such services is deemed to be gratuitous. 7 The Uniform Travel Expense Law, section 112.061 , Florida Statutes, however, establishes a system for the reimbursement of travel expenses and per diem for public officers, employees, and authorized persons....

...by a public agency. 8 (e.s.) Thus, the travel expenses and per diem of all public officers, employees, and authorized persons whose travel expenses are paid by a public agency are subject to, and controlled by, the rates and limitations set forth in section 112.061 , Florida Statutes, unless expressly and specifically exempted by general law or by the provisions of a special or general law. 9 The Deltona Fire District is clearly an "agency or public agency" as those terms are defined in section 112.061 (2)(a), Florida Statutes. 10 Section 112.061 (1)(b)2., Florida Statutes, states that the provisions of any special or local law prevail over any conflicting provisions in section 112.061 , but only to the extent of the conflict. The provisions of the enabling legislation for the district, however, are not inconsistent with or in conflict with the terms of section 112.061 . Nor do I find anything in either section 112.061 nor the district's special act that would exempt the officers, employees and authorized persons of the district from being subject to the rates or limitations contained in section 112.061 . Thus, the commissioners and employees of the fire district are subject to, and controlled by, the rates and limitations contained in section 112.061 ....

...horization, have the authority to adopt a resolution to compensate its members fifty dollars for each meeting of the board attended. The board members may be reimbursed for their travel expenses to the extent such expenses are authorized pursuant to section 112.061 , Florida Statutes....

...84-538, Laws of Florida, amending ss. 2, 3, 4, and 5 of ch. 69-1707, Laws of Florida. 7 See generally, Rawls v. State, 122 So. 222 (Fla. 1929); Gavagan v. Marshall, 33 So.2d 862 , 864 (Fla. 1948); Pridgeon v. Folsom, 181 So.2d 222 , 226 (Fla. 1st DCA 1966). 8 Section 112.061 (1)(a), Fla. Stat. (1993). 9 See, s. 112.061 (1), Fla. Stat. (1993). 10 Section 112.061 (2)(a), Florida Statutes, defines "Agency or public agency" to mean: Any office, department, agency, division, subdivision, political subdivision, board, bureau, commission authority, district, public body, body politic, county, city,...

performed, unless actual distance is shorter. Section 112.061, F.S., has been uniformly interpreted by this

agency head on state or government business. Section 112.061 does not enlarge payment authorization, but

...h amount the contracting party is to pay the travel expenses incurred by employees of said public officer in the performance of their official duties, such expenses to be paid in a manner, or at a rate, or both, different from that established under s. 112.061 , F....

...Thus, the board lacks the authority to enter into a contract with a private entity or agency or institution of a foreign government to disburse public funds in lump sum to any such agency or entity from which sum it is to reimburse public employees at a rate or in a manner different from that provided in s. 112.061 , F. S., the uniform travel expense law governing all public officers and employees, and, to the extent not inconsistent with s. 112.061 , the rules and regulations of the State Board of Education....

...This amount is used by the contracting entity to reimburse employees of the public agency for travel expenses necessarily incurred during the performance of the employees' official duties, often at a rate or in a manner different from that established under s. 112.061 , F....

...y law. Cf . Green v. Galvin, 114 So.2d 187 (1 D.C.A. Fla.), cert. denied , 116 So.2d 775 (Fla. 1959), appeal dismissed , 117 So.2d 844 (Fla. 1960) (a public official cannot do indirectly that which he is prohibited from doing directly); AGO 075-203. Section 112.061 (1)(a), F. S., indicates that the travel expenses and per diem of all public officers, employees, or authorized persons [as defined in s. 112.061 (2)(e)] are subject to, and controlled by, the rates and limitations set forth in s. 112.061 , as amended, unless expressly and specifically exempted by general law specifically referring to s. 112.061 . A community college district established pursuant to, and governed by, a statute clearly falls within the definition of an `agency or public agency' contained in s. 112.061 (2)(a) as `[a]ny office, department, agency, division, subdivision, political subdivision, board, bureau, commission, authority, district, public body . . . or any other separate unit of government created pursuant to law.' Neither s. 112.061 nor part II of Ch. 230, F. S., however, contains an exception for the officers and employees of community colleges from the rates and limitations set forth in s. 112.061 . In fact, s. 230.753(5), F. S., expressly provides that the members of the board of trustees of a community college district may be reimbursed for expenses as provided in s. 112.061 . Thus, in the absence of an express and specific preemption by general law, the officers and employees of the community college are subject to and limited by the provisions contained in s. 112.061 . The board of trustees as the governing body of the district is the `agency head or head of the agency' as defined in s. 112.061 (2)(b), F. S. All travel must be authorized and approved by the head of the agency or its designated representative, from whose funds the traveler is to be paid, s. 112.061 (3), and the travel expenses of all travelers are limited to those necessarily incurred by them within the limitations prescribed by s. 112.061 . The agency head determines the maximum rates as set forth in s. 112.061 (6) and designates the most economical method of travel for each trip, s. 112.061 (7)(a). In certain cases, the agency head may authorize the use of privately owned vehicles, s. 112.061 (7)(d)1., or chartered vehicles, s. 112.061 (7)(e). See also s. 112.061 (7)(f). Moreover, the agency head may make or authorize the making of advances to cover anticipated costs of travel, s. 112.061 (12). These determinations must be made by the agency head under s. 112.061 ; in the instant inquiry, such determinations are the responsibility and duty of the board of trustees....

...A flat monthly allowance for travel within the district by the president and for employees whose duties require a fairly uniform amount of travel each month or (b) Reimbursement on the basis of actual expenses not to exceed limitations authorized by Section 112.061 , Florida Statutes or (c) Per diem and mileage at rates authorized by Section 112.061 , Florida Statutes, for employees of the state....

...zation providing otherwise. The board, in the absence of such authorization, cannot by contract delegate its authority or duties to another body or entity, especially to a private party or to an institution or agency of a foreign government. Neither s. 112.061 nor any other statutory provision authorizes or empowers the board to reimburse its employees for travel expenses in any manner other than prescribed by s. 112.061 or to contract with a private entity or agency or instrumentality of a foreign government or any contracting party to exercise such powers or perform such duties. Thus, the manner of payment and the rates of reimbursement contained in s. 112.061 will prevail over any contractual provision entered into by the board of trustees of a community college district....

...1952) (express mention of one thing is the exclusion of another); White v. Crandon, supra ; and First National Bank v. Filer, 145 So. 204 (Fla. 1933) (`the authority of public officers to proceed in a particular way . . . implies a duty not to proceed in any manner than that which is authorized by law'). See s. 112.061 (6)(c)1. which provides in pertinent part that `[a]ll other travelers may be allowed up to $35 per diem.' The travel expenses of all travelers under s. 112.061 are limited to those expenses necessarily incurred by them in the performance of a public purpose authorized by law to be performed by the public agency. See s. 112.061 (3)(b)....

...Such an arrangement is not an authorized and valid district or college function and purpose under part II of Ch. 230, F. S., and is thus not authorized by law. Therefore, if the purpose of the contract is not authorized by law as a district or college purpose, duty, or function, the requirement under s. 112.061 (3)(b) that the travel expense be necessarily incurred in the performance of a public purpose authorized by law to be performed by the agency cannot be met....

...the contrary, the board or trustees of a community college district lacks the authority to enter into a contract prescribing a different manner or method of custodianship of such funds and disbursement thereof. This office has previously stated that s. 112.061 , F. S., clearly contemplates a reimbursement of travel expenses, not an advance of funds, with which they may be paid. See AGO's 066-105 and 068-24; but see subsequently enacted s. 112.061 (12) which provides that an agency head may make, or authorize the making of, advances to cover anticipated costs of travel to travelers....

...All travel must be authorized and approved by the agency head who shall not authorize or approve such a request unless it is accompanied by a signed statement by the traveler's supervisor stating that such travel is on the official business of the state and also stating the purpose of such travel. [Section 112.061 (3)(a), F. S.] See also s. 112.061 (7)(a) which provides in part that the agency head shall determine the most economical method of travel for each trip. Cf . s. 112.061 (11)(a) and Rule 6A-14.732(2), F.A.C....

...el and the auditor and that the president of a community college present a list of warrants paid during the preceding months or accounting periods ending since the last regular meeting of the board. Moreover, this office has consistently interpreted s. 112.061 to authorize reimbursement for per diem and travel expenses only for travel away from the traveler's official headquarters as defined in s. 112.061 (4)....

...If the employee, however, has been designated as `in the field' or is stationed away from the official headquarters of the college for a period of more than 30 continuous workdays, the official headquarters of the employee is the town or city nearest to the area where the majority of his work is performed; see s. 112.061 (4)(a) and (b)....

...The subject contract contains none of the foregoing provisions regarding the reimbursement of travel expenses of public officers and employees. The travel expenses of public officers and employees of community colleges must be paid by the board of trustees in the manner and circumstances and at the time prescribed by s. 112.061 and in no other manner, time, or method; the boards of trustees of a community college districk lack the power to contract with a private entity or agency or institution of a foreign government to exercise such power or to perform such dut...

...t which delegates to a private entity or agency or institution of a foreign government the custodianship of public funds or the power to disburse those funds and to reimburse public employees at a rate or in a manner different from that set forth in s. 112.061 ....

...The statute directs the lessor to collect the amount of the tax from the lessee with the rental payment, and to remit the tax to the Department of Revenue. Section 212.08(6), Fla.Stat. exempts counties and other political subdivisions from the sales tax imposed by Chapter 212. In addition, § 112.061(6) states that employees traveling on official business “shall be reimbursed” for travel expenses “substantiated by paid bills therefor.” The Department’s interpretation presents the county with a Catch-22: if the county reimburses the employee for the amount of the tax paid, then the county is denied the benefits of § 212.08(6); if the county does not reimburse the employee, it is not in compliance with § 112.061(6)....

...1st DCA 1982) (Ervin, J., specially concurring). The Department’s analysis of § 212.03 in the instant case is clearly improper as it either denies the county the expressly granted exemption of § 212.08(6) or requires the county to disregard the reimbursement requirements of § 112.061(6)....

...Commissioners of the Collier Mosquito Control District are not statutorily entitled to receive benefits such as medical insurance or accidental death or disability insurance, but are limited to receiving a salary of up to $4,800 during any one year and reimbursement of expenses as provided in section 112.061 , Florida Statutes....

...mit compensation of district commissioners where higher amounts have otherwise been authorized by special act or general act of local application. Said members may be reimbursed for expenses incurred in the performance of their duties as provided in s. 112.061 ." 4 Clearly, the statute recognizes that a mosquito control district commissioner is entitled to a limited salary and reimbursement of expenses incurred in the performance of his or her duties....

...incident to those powers. 6 The board is authorized to unanimously vote itself a salary of not more than $4,800 in any one year. Members of the board may also be paid per diem and travel expenses incurred as a result of district business pursuant to section 112.061 , Florida Statutes. Nothing in Chapter 388 or section 112.061 , Florida Statutes, otherwise supports an inference that the board may provide insurance benefits to its members as necessary or indispensable to the expressly granted power to pay a salary....

...ion against its being done in any other way. 7 Accordingly, it is my opinion that the Collier Mosquito Control Board may not provide insurance to its commissioners, who are limited to a salary of not more than $4,800 per year and reimbursement under section 112.061 , Florida Statutes, nor is there any statutory authority that would allow the commissioners to participate in the district's group insurance plan....

...On or after July 1, 1980, mosquito control districts are to be created pursuant to s. 125.01 , Fla. Stat. 2 See, 50th Anniversary Historical Narrative, Collier Mosquito Control District, found at " www.collier-mosquito.org". 3 See, ss. 388.101 , 388.161 — 191, Fla. Stat. 4 Section 112.061 , Fla....

QUESTION: What are the definitions of "convention" and "conference" as contemplated by s. 112.061 (6)(a), F. S., with respect to meetings of the State Board of Accountancy? SUMMARY: Regular meetings of the State Board of Accountancy are not "conventions" or "conferences" within the meaning of s. 112.061 , F....

...of, matters within the statutory functions of the board. "Each member [of the State Board of Accountancy] shall receive $10 per day, or any part of a day, while attending official board meetings and shall receive per diem and mileage as provided in s. 112.061 ." Section 473.21, F....

...All travelers when traveling to a convention or conference which serves a direct and lawful public purpose with relation to the public agency served by the person attending such meeting shall receive for subsistence up to $25 per diem or up to the amounts permitted in s. 112.061 (6)(d), F. S., for meals, plus actual expenses for lodging at a single occupancy rate to be substantiated by paid bills. Section 112.061 (6)(a), F. S. Pursuant to s. 112.061 (6), (10), and (12), F....

...and regulations, or for the purpose of discussing uniform procedures to be established for the operation of other departments, agencies, offices, or divisions of the state, such a gathering will be considered to be a conference within the meaning of Section 112.061 (6), F....

...at different locations around the state, would not be considered conferences or conventions. Your question, as I understand it, is whether a regular meeting of the State Board of Accountancy becomes a conference or a convention within the purview of s. 112.061 , F....

...omplaints would not be a "convention or conference which serves a direct and lawful public purpose with relation to the [administrative board] served by the person attending such meeting" for which reimbursement for travel expenses may be made under s. 112.061 (6)(a)....