Fort Walton Beach Council agenda — 09-16-08 workshop agenda — reading text

s. 112. 061. Any such policy provided by a municipality or an agency thereof on January 1, 2003, shall be valid and in effect for that muni- cipality or agency thereof until otherwise amended. A municipality or agency thereof that provides any per diem and travel expense policy pursuant to this subsection shall be deemed to be exempt from all provisions of s. 112. 061. A municipality or agency thereof that does not provide a per diem and travel expense policy pursuant to this subsection remains subject to all provisions of s. 112. 061. c) Travel claims submitted by a traveler in a municipality or agency thereof which is exempted from the provi- sions of s. 112. 061, pursuant to paragraph ( b), shall not be required to be sworn to before a notary public or oth- er officer authorized to administer oaths, but any claim authorized or required to be made under any per diem and travel expense policy of a municipality or agency thereof must 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; and any person who will- fully makes and subscribes any such claim that he or she does not believe to be true and correct as to every ma- terial matter, or who willfully aids or assists in, or procures, counsels, or advises the preparation or presentation of such a claim that 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, commits a misdemeanor of 0 2008 Thomson Reuters/ West. No Claim to Orig. US Gov. Works. westlaw.com1printlprintstream.aspx ?rs =WLW 8. 09 & destination= atp & prft=HTNEE &f... 9/ 15/ 2008 http: / web2. /  Page 4 of 80 Page 4 West`s F.S. A. § 166.021 the second degree, punishable as provided in s. 775. 082 or s. 775. 083. Whoever receives an allowance or reim- bursement by means of a false claim is civilly liable in the amount of the overpayment for the reimbursement of the public fund from which the claim was paid. CREDIT( S) Laws 1973, c. 73 -129, § 1; Laws 1977, c. 77 -174, § 1. Amended by Laws 1990, c. 90 -332, § 2, eff. July 3, 1990; 1993; Laws 1994, c. Laws 1992, c. 92 -90, § 2, eff. April 8, 1992; Laws 1993, c. 93 -207, § 2, eff. May 12, 94 -332, § 2, eff. Jan. 1, 1995; Laws 1995, c. 95 -178, § 1, eff. Jan. 1, 1996; Laws 1998, c. 98 -37, § 1, eff. April 30, 1998; Laws 2003, c. 2003 -125, § 1, eff. June 10, 2003. HISTORICAL AND STATUTORY NOTES Amendment Notes: Laws 1977, c. 77 -174, a reviser's bill, amended this section to reflect language editorially inserted or substituted in the interest of clarity by the division of statutory revision. Laws 1990, c. 90 -332, § 2, eff. July 3, 1990, added subsec. ( 6). Laws 1992, c. 92 -90, § 2, eff. April 8, 1992, added subsec. ( 7). Laws 1993, c. 93 -207, § 2, eff. May 12, 1993, in subsec. ( 6), substituted " biomedical" for "biolhazardous ". Laws 1994, c. 94 -332, § 2, eff. Jan. 1, 1995, added subsec. ( 8). Laws 1995, c. 95 -178, § 1, eff. Jan. 1, 1996, in the third sentence of subsec. ( 4), inserted " except for the selec- tion of election dates and qualifying periods for candidates and for changes in terms of office necessitated by such changes in election dates ". Laws 1998, c. 98 -37, § 1, eff. April 30, 1998, added subsec. ( 9). Laws 2003, c. 2003 -125, § 1, added subsec. ( 10), relating to definitions and reimbursement of travel and per diem expenses Laws 2003, c. 2003 -125, § 3, provides: Florida This act shall take effect upon becoming a law [ June 10, 2003] and section 166. 021( 10)( a) and ( b), Statutes, as created in section 1, of this act shall apply retroactively to January 1, 2003." Preamble (Laws 2003, c. 2003 -125): WHEREAS, the Municipal Home Rule Powers Act, chapter 166, Florida Statutes, provides that the governing body of each municipality has the power to enact legislation concerning any subject matter upon which the Le- gislature may act, and WHEREAS, the Florida Attorney General, in AGO 1974 -18, stated that municipalities, under the Municipal Home Rule Powers Act, have the home rule powers to enact per diem and travel allowances that vary from those 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. ?rs= WLW8.09 & destination= atp & prft=HTMLE &f... 9/ 15/ 2008 http: / web2.westlaw.comlprint1printstream.aspx /  Page 5 of 80 Page 5 West's F.S. A. § 166.021 specified in section 112. 061, Florida Statutes, and WHEREAS, numerous municipalities in the state have relied on the grant of home rule powers and AGO 1974 -18 to enact reasonable per diem and travel allowances as determined by the governing body of the muni- cipality, and WHEREAS, the Florida Attorney General, in AGO 2003 -01, has essentially reversed the opinion set forth in AGO 1974 -18 and has now stated that section 112.061, Florida Statutes, applies to municipalities and controls the maximum rate of per diem and other allowances paid to officers, employees, or others authorized to act on behalf of the municipality, and WHEREAS, AGO 2003 -01 clearly violates the intent of the Municipal Home Rule Powers Act, and places mu- nicipalities that have relied on AGO 1974 -18 into the position of having to repeal their policies on reasonable per diem and travel allowances in order to comply with AGO 2003 -01, NOW, THEREFORE." CONSTITUTIONAL PROVISIONS Art. 8, § 2( b) and ( c) provide: b) Powers. Municipalities shall have governmental, corporate and proprietary powers to enable them to con- duct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. Each municipal legislative body shall be elective. c) Annexation. Municipal annexation of unincorporated territory, merger of municipalities, and exercise of ex- tra-territorial powers by municipalities shall be as provided by general or special law." CROSS REFERENCES Annexation or contraction of municipalities, see § 171. 011 et seq. County contracts to provide services to municipalities, see § 125. 0101. Creation and formation of municipalities, see § 165. 011 et seq. Firefighter pensions, see § 175. 021 et seq. Interlocal Cooperation Act, see § 163. 01. Local improvements, see § 170. 01 et seq. Mass transit vehicles and facilities, state purchase, see § 341. 101. Penalties for violating beverage law, see § 562. 45. Police pensions, see § 185. 01 et seq. Pollutant discharge prevention and removal regulation preempted by state, see § 376. 317. Public works by municipalities, generally, see § 180.01 et seq. Recall elections, municipal officers, see § 100. 361. Removal of municipal board members, see § 112. 501. Removal of municipal officers, see § 112. 51. Saltwater fishing regulation, state preemption, see § 370. 102. Traffic regulations, powers of local authorities, see § 316.008. Water Resources Act of 1972, duty of municipal officers to enforce, see § 373. 609. 2008 Thomson Reuters/ West. No Claim to Orig. US Gov. Works. prft=HTMLE &f... 9/ 15/ 2008 http:// Web2. westlaw.com1printlprintstream.aspx ?rs =WLW 8. 09 & destination= atp &  Page 6 of 80 Page 6 West's F.S. A. § 166.021 LAW REVIEW AND JOURNAL COMMENTARIES Toward principles of state restraint upon the exercise of municipal power in home rule. George D. Vaubel, 24 Stetson L.Rev. 417 ( 1995). Condominium conversion moratoriums. Marsha D. Rosenthal, 34 U.Miami L.Rev. 1199 ( 1980). Condominium conversions. John A. Ritter, 55 F1a.B.J. 94 ( 1981). Executive suspension and removal of public officers under the 1968 Florida Constitution. William M. Barr and Frederick B. Karl, 23 U.F1a.L.Rev. 635 ( 1971). Impact fees. Julian Conrad Juergensmeyer and Robert Mason Blake, 9 Fla.St.U.L.Rev. 415 ( 1981). Limiting population growth in Florida. Julian Conrad Juergensmeyer and K. Lawrence Gragg, 26 U.F1a.L.Rev. 758 ( 1974). Local government powers in Florida. Steven L. Sparkman, 25 U.F1a.L.Rev. 271( 1973). Municipality zoned exclusively for single -family dwellings. 2 F1a.St.U.L.Rev. 787 ( 1974). Protecting municipalities against unnecessary state infringement. 3 Nova L.J. 119 ( 1979). Rent control ordinance. 3 F1a. St.U.L.Rev. 137 ( 1975). Revenue options for a risk -based assessment of developed property in hurricane hazard zones. Robert E. Deyle and Mary Kay Falconer, 18 J.Land Use & Envt'l.Law 299 ( Spring 2003). WARNING: Municipal home rule is in danger of being preempted. Ilene S. Lieberman & Harry Morrison, Jr., 18 Nova L.Rev. 1437 ( 1994). Water pollution --Attempts to decontaminate Florida Law. Frank E. Maloney, Sheldon J. Plager, and Fletcher N. Baldwin, Jr, 20 U.F1a.L.Rev. 131 ( 1967). LIBRARY REFERENCES Municipal Corporations C--=1 52 to 63. 2. Wesdaw Topic No. 268. C.J. S. Municipal Corporations § 106 et seq. RESEARCH REFERENCES ALR Library 149 ALR 336, Power of Board to Make Appointment to Office or Contract Extending Beyond Its Own Term. Encyclopedias Authority of Governmental Entities Generally, Am. Jur. 2d Municipal Corps., Counties, etc. § 440. 2008 Thomson Reuters/ West. No Claim to Orig. US Gov. Works. http : /web2.westlaw.com/ / print /printstream.aspx ?rs =WLW8. 09 &destination= atp &prft=HTMLE &f... 9/ 15/ 2008  Page 7 of 80 Page 7 West's F.S. A. § 166. 021 Municipal Regulation, FL Jur. 2d Carriers § 7. Generally; Establishment, FL Jur. 2d Carriers § 11. What Constitutes a