To revise existing rules to comport with section 288.1253, Florida Statutes.

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Strategic Business Development

RULE NOS.:RULE TITLES:

73A-1.001Purpose and Scope

73A-1.002General Policy

73A-1.003Definitions

73A-1.004Planning and Approving Travel

73A-1.005Special Conditions of Travel

73A-1.006Rates of Payment

73A-1.007Transportation

73A-1.008Incidental Expenses

73A-1.009Advance Travel

73A-1.010Special Provisions for Educational Conferences and Conventions

73A-1.011Entertainment Expenses

73A-1.012Operational and Promotional Advances

73A-1.013Complimentary Goods and Services

73A-1.014Receipts

73A-1.015Exemption from State Contract Rates

PURPOSE AND EFFECT: To revise existing rules to comport with section 288.1253, Florida Statutes.

SUMMARY: The rules set forth in Chapter 73A-1, F.A.C., implement section 288.1253, F.S., which requires the Department to create rules for purposes of reimbursing travel and entertainment expenses which were undertaken to effectuate the business of the Office of Film and Entertainment. This Chapter is being amended to comport with statute.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The agency has previously performed a review of the statutory requirements and determined that Rules 73A-1.001-.015, F.A.C., have no adverse impact or regulatory costs which exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. These rules are therefore expected to be able to take effect without the need of being ratified by the Legislature.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 288.1253(2), FS.

LAW IMPLEMENTED: 288.1253, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: M. Linville Atkins, Office of General Counsel, Department of Economic Opportunity, 107 East Madison Street, MSC 110, Tallahassee, Florida 32399, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

73A-1.001 Purpose and Scope.

a. The Department shall reimburse travel expenses, as that term is defined in s. 288.1253(1), F.S., to the Governor, the Lieutenant Governor, security staff of the Governor or Lieutenant Governor, the Commissioner of Film and Entertainment, and staff of the Office of Film and Entertainment for all travel expenses or entertainment expenses incurred by the individual solely and exclusively in connection with the performance of statutory duties of the Office of Film and Entertainment. 

b. All travel must be preapproved by the Department.   Requests for travel preapproval shall be made by completing and submitting DEO Form Travel-01, Authorization to Incur Travel Expenses, which is incorporated herein.  Copies of DEO Form Travel-01 are available and/or can be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-09140 or may be obtained by submitting a request to: State of Florida Department of Economic Opportunity, Office of Film and Entertainment, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-6545. Documentation justifying the reason for travel must be attached.

c. Claims for reimbursement of travel expenses shall be made by completing and submitting DEO Form Travel-02, the Voucher for Reimbursement of Travel Expenses, which is incorporated by reference herein.  This form can be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-09141 or may be obtained by submitting a request to: State of Florida Department of Economic Opportunity, Office of Film and Entertainment, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-6545. Documentation justifying travel expenditures must be attached, such as paid receipts or other proof of expenditure as prescribed by the Chief Financial Officer.  

d. For purposes of reimbursement, the computation of travel time, the rate of per diem and subsistence allowance, and other reimbursable expenses shall be determined as set forth in s. 112.061, F.S. and Chapter 69I-42, F.A.C.

e. The manner of travel that is reimbursable is governed by s. 112.061, F.S. and Rules 69I-42.007-.009, F.A.C.

f. Claims for reimbursement of entertainment expenses may be made contemporaneous with the request for travel reimbursement.  For purposes of this section, “entertainment expenses” are defined as the actual, necessary, and reasonable costs incurred during the active conduct of business with anyone defined in s. 288.125, F.S., with the main purpose being or having more than a general expectation of deriving a specific business benefit. 

g. The Commissioner of Film and Entertainment or his/her designee shall review all claims for reimbursement of entertainment expenses to ensure the expense(s) are in conformity with this definition prior to authorizing reimbursement.

These rules establish the policies and procedures governing actual travel and entertainment expenses for the Office of Film and Entertainment, of the Department of Economic Opportunity.

Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.001, Amended                                .

 

73A-1.002 General Policy.

Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.002, Repealed                                .

 

73A-1.003 Definitions.

Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.003, Repealed                                .

 

73A-1.004 Planning and Approving Travel.

Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.004, Repealed                                .

 

73A-1.005 Special Conditions of Travel.

Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.005, Repealed                                .

 

73A-1.006 Rates of Payment.

Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.006, Repealed                                .

 

73A-1.007 Transportation.

Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.007, Repealed                                .

 

73A-1.008 Incidental Expenses.

Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.008, Repealed                                .

 

73A-1.009 Advance Travel.

Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.009, Repealed                                .

 

73A-1.010 Special Provisions for Educational Conferences and Conventions.

Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.010, Repealed                                .

 

73A-1.011 Entertainment Expenses.

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Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.011, Repealed                                .

 

73A-1.012 Operational and Promotional Advances.

Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.012, Repealed                                .

 

73A-1.013 Complimentary Goods and Services.

(a) Prior to accepting or using any complimentary travel, accommodations, meeting space, meals, equipment, transportation, or any other goods or services, the employee or representative must obtain authorization from the Department. To obtain authorization, the employee or representative must submit a written request with information and/or documentation that includes a detailed description of the offer, to include dates, itinerary, locations, and source of origin, to the Commissioner of Film and Entertainment.  Submissions may be mailed to: State of Florida Department of Economic Opportunity, Office of Film and Entertainment, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-6545.  All submissions must contain a statement that the expenses were actually incurred as necessary travel or entertainment expenses in the performance of official duties of the Office of Film and Entertainment and a written declaration as to the truth and correctness of every material matter. 

(b) Upon receipt, the Commissioner of Film and Entertainment or his/her designee will review the submission and make a determination as to whether the offered goods or services are necessary or beneficial to the performance of the duties and purpose of the Office of Film and Entertainment.  If determined to be necessary or beneficial, the information and/or documentation will be forwarded by the Office of Film and Entertainment to the Department’s designated Ethics Officer who will review the material and make a determination as to whether the request in any way conflicts with Chapter 112, F.S.  If the offered goods or services are determined not to be necessary or beneficial after review by the Commissioner of Film and Entertainment or his/her designee, the request will not be forwarded for review by the Department’s Ethics Officer.  The Office of Film and Entertainment and the Department’s Ethics Officer or designee may require the requesting employee or representative to provide additional information and documentation as necessary to conduct the review. 

The Department’s decision to authorize or deny the request will be communicated, in writing, to the requesting employee or representative.  All Department decisions on such requests are final.

The Office, its employees, and representatives may accept and use complimentary travel, accommodations, meeting space, meals, equipment, transportation, and any other goods or services necessary for or beneficial to the performance of the Office’s duties and purposes, so long as such acceptance or use is not in conflict with Section 112.061, F.S. All goods or services accepted by the Office or its employees shall be accompanied by receipts, vouchers, or proof of the actual value of the complimentary assistance that shall include an attached statement that the complimentary assistance was actually incurred as necessary in the performance of official duties of the Office. The Office shall maintain record of same along with all other office records.

Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.013, Amended                                .

 

73A-1.014 Receipts.

Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.014, Repealed                                .

 

73A-1.015 Exemption from State Contract Rates.

Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.015, Repealed                                .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: M. Linville Atkins

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Cissy Proctor

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 10/18/17

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 10/25/17