Florida Senate - 2021                                     SB 196
       
       
        
       By Senator Berman
       
       
       
       
       
       31-00136-21                                            2021196__
    1                        A bill to be entitled                      
    2         An act relating to lactation spaces in courthouses;
    3         amending s. 29.008, F.S.; revising the definition of
    4         the term “facility” to require at least one dedicated
    5         lactation space be provided in county courthouses by a
    6         specified date; specifying minimum requirements for
    7         the lactation space; requiring that counties
    8         designated as the official headquarters of a district
    9         court of appeal be responsible for providing a
   10         lactation space in that court’s facility; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (a) of subsection (1) of section
   16  29.008, Florida Statutes, is amended to read:
   17         29.008 County funding of court-related functions.—
   18         (1) Counties are required by s. 14, Art. V of the State
   19  Constitution to fund the cost of communications services,
   20  existing radio systems, existing multiagency criminal justice
   21  information systems, and the cost of construction or lease,
   22  maintenance, utilities, and security of facilities for the
   23  circuit and county courts, public defenders’ offices, state
   24  attorneys’ offices, guardian ad litem offices, and the offices
   25  of the clerks of the circuit and county courts performing court
   26  related functions. For purposes of this section, the term
   27  “circuit and county courts” includes the offices and staffing of
   28  the guardian ad litem programs, and the term “public defenders’
   29  offices” includes the offices of criminal conflict and civil
   30  regional counsel. The county designated under s. 35.05(1) as the
   31  headquarters for each appellate district shall fund these costs
   32  for the appellate division of the public defender’s office in
   33  that county. For purposes of implementing these requirements,
   34  the term:
   35         (a) “Facility” means reasonable and necessary buildings and
   36  office space and appurtenant equipment and furnishings,
   37  structures, real estate, easements, and related interests in
   38  real estate, including, but not limited to, those for the
   39  purpose of housing legal materials for use by the general public
   40  and personnel, equipment, or functions of the circuit or county
   41  courts, public defenders’ offices, state attorneys’ offices, and
   42  court-related functions of the office of the clerks of the
   43  circuit and county courts and all storage. The term “facility”
   44  includes all wiring necessary for court reporting services. The
   45  term also includes access to parking for such facilities in
   46  connection with such court-related functions that may be
   47  available free or from a private provider or a local government
   48  for a fee. The office space provided by a county may not be less
   49  than the standards for space allotment adopted by the Department
   50  of Management Services, except this requirement applies only to
   51  facilities that are leased, or on which construction commences,
   52  after June 30, 2003. County funding must include physical
   53  modifications and improvements to all facilities as are required
   54  for compliance with the Americans with Disabilities Act. Upon
   55  mutual agreement of a county and the affected entity in this
   56  paragraph, the office space provided by the county may vary from
   57  the standards for space allotment adopted by the Department of
   58  Management Services.
   59         1. As of July 1, 2005, equipment and furnishings shall be
   60  limited to that appropriate and customary for courtrooms,
   61  hearing rooms, jury facilities, and other public areas in
   62  courthouses and any other facility occupied by the courts, state
   63  attorneys, public defenders, guardians ad litem, and criminal
   64  conflict and civil regional counsel. Court reporting equipment
   65  in these areas or facilities is not a responsibility of the
   66  county.
   67         2. Equipment and furnishings under this paragraph in
   68  existence and owned by counties on July 1, 2005, except for that
   69  in the possession of the clerks, for areas other than
   70  courtrooms, hearing rooms, jury facilities, and other public
   71  areas in courthouses and any other facility occupied by the
   72  courts, state attorneys, and public defenders, shall be
   73  transferred to the state at no charge. This provision does not
   74  apply to any communications services as defined in paragraph
   75  (f).
   76         3. By January 1, 2022, each county courthouse must provide
   77  at least one dedicated lactation space outside of the confines
   78  of a restroom for members of the public to express breast milk
   79  or breastfeed in private. The space must be hygienic, be
   80  shielded from public view, be free from intrusion while
   81  occupied, and contain an electrical outlet. Additionally, the
   82  county designated under s. 35.05(1) as the headquarters for each
   83  appellate district shall be responsible for providing at least
   84  one lactation space, in accordance with the requirements
   85  specified in this subparagraph, for the facility housing the
   86  district court of appeal within that county.
   87         Section 2. This act shall take effect July 1, 2021.