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![handle is hein.sag/sagfl0025 and id is 1 raw text is: Florida Attorney General
Advisory Legal Opinion
Number: AGO 2003-01
Date: January 3, 2003
Subject: Municipalities, per diem and travel expenses
Mr. James C. Brady
Fort Lauderdale City Attorney
501 Northeast 8th Street
Fort Lauderdale, Florida 33304
RE: MUNICIPALITIES-OFFICERS AND EMPLOYEES-TRAVEL EXPENSES-PER DIEM-
expense accounts for municipal officers and volunteers for per diem
expenses. s. 112.061, Florida Statutes.
Dear Mr. Brady:
You have requested my opinion on substantially the following
question:
Is a municipality authorized to provide an expense account to its
city officials and to citizen volunteer members without a limitation
on the per diem rates established pursuant to section 112.061(6),
Florida Statutes?
In sum:
Section 112.061(6), Florida Statutes, applies to municipalities and
controls the maximum rates of per diem and subsistence allowance to
be paid to officers, employees or others authorized to act on behalf
of the municipality. While a municipality may legislate on the
subject of per diem and subsistence allowances for governmental
travelers, the rates established by section 112.061(6), Florida
Statutes, may not be exceeded.
Section 112.061, Florida Statutes, governs the per diem and travel
expenses of public officers, employees and authorized persons in this
state. The enactment of section 112.061 represents the Legislature's
efforts 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] Municipalities are included within the scope of the act.[2]
To ensure uniformity, the statute provides that section 112.061,
Florida Statutes, will prevail over any conflicting provisions in a
general law to the extent of the conflict, unless the general law
contains a specific exemption. However, section 112.061(1)(b)2.,
Florida Statutes, expressly states that [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. A local law does not refer to local codes or ordinances,](ViewImageLocal?handle=hein.sag/sagfl0025&div=1&collection=&method=preview&ext=.png&size=3)