Florida Senate - 2020 SB 1392
By Senator Simmons
9-01630-20 20201392__
1 A bill to be entitled
2 An act relating to official headquarters of judicial
3 officers; amending s. 25.025, F.S.; revising
4 provisions governing the payment of subsistence and
5 travel reimbursement for Supreme Court justices who
6 designate an official headquarters other than the
7 headquarters of the Supreme Court; amending s. 35.05,
8 F.S.; conforming a provision to changes made by the
9 act; creating s. 35.051, F.S.; authorizing district
10 court of appeal judges who meet certain criteria to
11 have an appropriate facility in their county of
12 residence designated as their official headquarters;
13 providing restrictions; specifying eligibility for
14 subsistence and travel reimbursement, subject to the
15 availability of funds; requiring the Chief Justice to
16 coordinate with certain officials in implementation of
17 the act; providing that a county is not required to
18 provide space for a judge in a county courthouse;
19 authorizing counties to enter into agreements with a
20 district court of appeal for use of county courthouse
21 space; prohibiting a district court of appeal from
22 using state funds to lease space to establish a
23 judge’s official headquarters; authorizing the Chief
24 Justice of the Supreme Court to establish certain
25 parameters in administering the act; providing an
26 effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Section 25.025, Florida Statutes, is amended to
31 read:
32 25.025 Headquarters.—
33 (1)(a) A Supreme Court justice who permanently resides
34 outside Leon County is eligible for the designation of shall, if
35 he or she so requests, have a district court of appeal
36 courthouse, a county courthouse, or another appropriate facility
37 in his or her district of residence designated as his or her
38 official headquarters pursuant to s. 112.061. This official
39 headquarters may serve only as the justice’s private chambers.
40 (b)1. A justice for whom an official headquarters is
41 designated in his or her district of residence under this
42 subsection is eligible for subsistence at a rate to be
43 established by the Chief Justice for each day or partial day
44 that the justice is at the headquarters of the Supreme Court
45 Building to for the conduct court of the business, as authorized
46 by the Chief Justice of the court. The Chief Justice may
47 authorize a justice to choose between subsistence based on
48 lodging at a single-occupancy rate and meal reimbursement as
49 provided in s. 112.061 or subsistence at a fixed rate prescribed
50 by the Chief Justice.
51 2. In addition to the subsistence allowance, a justice is
52 eligible for reimbursement for travel transportation expenses as
53 provided in s. 112.061(7) and (8) for travel between the
54 justice’s official headquarters and the headquarters of the
55 Supreme Court to Building for the conduct court of the business
56 of the court.
57 (c) Payment of subsistence and reimbursement for travel
58 transportation expenses relating to travel between a justice’s
59 official headquarters and the headquarters of the Supreme Court
60 Building must be made to the extent that appropriated funds are
61 available, as determined by the Chief Justice.
62 (2) The Chief Justice shall coordinate with each affected
63 justice and other state and local officials as necessary to
64 implement subsection (1) paragraph (1)(a).
65 (3)(a) This section does not require a county to provide
66 space in a county courthouse for a justice. A county may enter
67 into an agreement with the Supreme Court governing the use of
68 space in a county courthouse.
69 (b) The Supreme Court may not use state funds to lease
70 space in a district court of appeal courthouse, county
71 courthouse, or other facility to allow a justice to establish an
72 official headquarters pursuant to subsection (1).
73 Section 2. Subsection (2) of section 35.05, Florida
74 Statutes, is amended to read:
75 35.05 Headquarters.—
76 (2) A district court of appeal may designate other
77 locations within its district as branch headquarters for the
78 conduct of the business of the court and as the official
79 headquarters of its officers or employees pursuant to s. 35.051
80 or s. 112.061, as applicable.
81 Section 3. Section 35.051, Florida Statutes, is created to
82 read:
83 35.051 Subsistence and travel reimbursement for judges with
84 alternate headquarters.—
85 (1)(a) A district court of appeal judge who permanently
86 resides more than 50 miles from his or her appellate district’s
87 headquarters is eligible for the designation of a county
88 courthouse, or another appropriate facility in his or her county
89 of residence, as his or her official headquarters for purposes
90 of s. 112.061. This official headquarters may serve only as the
91 judge’s private chambers.
92 (b)1. A district court of appeal judge for whom an official
93 headquarters is designated in his or her county of residence
94 under this subsection is eligible for subsistence at a rate to
95 be established by the Chief Justice for each day or partial day
96 that the judge is at the headquarters of his or her appellate
97 district to conduct court business, as authorized by the Chief
98 Judge of that district court of appeal. The Chief Justice may
99 authorize a judge to choose between subsistence based on lodging
100 at a single-occupancy rate and meal reimbursement as provided in
101 s. 112.061 and subsistence at a fixed rate prescribed by the
102 Chief Justice.
103 2. In addition to subsistence, a district court of appeal
104 judge is eligible for reimbursement for travel expenses as
105 provided in s. 112.061(7) and (8) for travel between the judge’s
106 official headquarters and the headquarters of the appellate
107 district to conduct court business.
108 (c) Payment of subsistence and reimbursement for travel
109 expenses between the judge’s official headquarters and the
110 headquarters of his or her appellate district shall be made to
111 the extent that appropriated funds are available, as determined
112 by the Chief Justice.
113 (2) The Chief Justice shall coordinate with each affected
114 district court of appeal judge and other state and local
115 officials as necessary to implement subsection (1).
116 (3)(a) This section does not require a county to provide
117 space in a county courthouse for a district court of appeal
118 judge. A county may enter into an agreement with a district
119 court of appeal governing the use of space in a county
120 courthouse.
121 (b) A district court of appeal may not use state funds to
122 lease space in a county courthouse or other facility to allow a
123 district court of appeal judge to establish an official
124 headquarters pursuant to subsection (1).
125 (4) The Chief Justice may establish parameters governing
126 the authority provided in this section, including specifying
127 minimum operational requirements for the designated
128 headquarters, limiting the number of days for which subsistence
129 and travel reimbursement may be provided, and prescribing
130 activities that qualify as the conduct of court business.
131 Section 4. This act shall take effect July 1, 2020.