Florida Senate - 2022                                    SB 2522
       
       
        
       By the Committee on Appropriations
       
       
       
       
       
       576-02895-22                                          20222522__
    1                        A bill to be entitled                      
    2         An act relating to district courts of appeal; amending
    3         s. 35.01, F.S.; revising the number of district courts
    4         of appeal from five to six; amending s. 35.02, F.S.;
    5         realigning the First Appellate District; amending s.
    6         35.03, F.S.; realigning the Second Appellate District;
    7         amending s. 35.043, F.S.; realigning the Fifth
    8         Appellate District; creating s. 35.044, F.S.; creating
    9         the Sixth Appellate District; amending s. 35.05, F.S.;
   10         revising the headquarters of the Second Appellate
   11         District; establishing the headquarters of the Sixth
   12         Appellate District; providing legislative intent;
   13         amending s. 35.06, F.S.; revising the number of judges
   14         in the present appellate districts; providing the
   15         number of judges for the Sixth Appellate District;
   16         amending s. 27.51, F.S.; revising which offices of the
   17         public defender handle appellate duties in an
   18         appellate district; assigning the public defender of
   19         the tenth judicial circuit to the Sixth Appellate
   20         District; amending s. 27.511, F.S.; revising the
   21         number of criminal conflict and civil regional counsel
   22         offices to conform to changes made by the act;
   23         amending s. 27.53, F.S.; revising the number of
   24         criminal conflict and civil regional counsel offices
   25         for appointments of assistants, staff, and method of
   26         payment to conform to changes made by the act;
   27         amending s. 29.001, F.S.; revising certain state
   28         courts system definitions to conform to changes made
   29         by the act; amending s. 440.45, F.S.; revising the
   30         number of electors for the statewide nominating
   31         commission for the Office of the Judges of
   32         Compensation Claims; deleting obsolete language;
   33         reenacting s. 29.008(1), F.S., relating to county
   34         funding of court-related functions, to incorporate the
   35         amendment made to s. 35.05, Florida Statutes, in a
   36         reference thereto; reenacting s. 35.051(1), F.S.,
   37         relating to subsistence and travel reimbursement for
   38         judges with alternate headquarters, to incorporate the
   39         amendment made to s. 35.05, Florida Statutes, in a
   40         reference thereto; requiring all specified property
   41         located in the Lakeland headquarters of the current
   42         Second District Court of Appeal or in use by employees
   43         assigned to such headquarters to be transferred to the
   44         Sixth District Court of Appeal unless a certain
   45         finding is made by the Office of the State Courts
   46         Administrator; authorizing the Chief Justice to
   47         authorize a specified pilot program under which judges
   48         in specified districts may implement innovative
   49         practices, incorporate leading technologies, and
   50         provide for remote court proceedings, subject to a
   51         specified condition; providing for expiration of the
   52         pilot program; requiring the Supreme Court to provide
   53         a certain report to the Governor and the Legislature;
   54         providing for a transitional period; providing
   55         legislative intent; providing the manner in which
   56         judicial vacancies in each district court of appeal
   57         must be filled; providing a priority for how such
   58         vacancies must be filled; requiring the Supreme Court
   59         to allocate judges during a specified timeframe for at
   60         least a specified term; requiring the Governor to
   61         appoint judges to fill any remaining vacancies;
   62         authorizing certain judges who wish to serve
   63         permanently in the new district to serve a specified
   64         notice within a specified timeframe upon the State
   65         Courts Administrator; providing that such judges are
   66         subject to assignment; requiring the Supreme Court,
   67         within a specified timeframe, to provide a certain
   68         list to the Governor; requiring the Governor to
   69         request that the applicable judicial nominating
   70         commissions convene for a specified purpose; requiring
   71         that individuals filling such vacancies be appointed
   72         subject to a specified provision of the State
   73         Constitution; requiring the Governor to recommission
   74         any judge whose district was modified by the
   75         realignment of districts pursuant to the act by a
   76         specified date; providing effective dates.
   77          
   78  Be It Enacted by the Legislature of the State of Florida:
   79  
   80         Section 1. Effective January 1, 2023, section 35.01,
   81  Florida Statutes, is amended to read:
   82         35.01 District courts of appeal; districts.—Six Five
   83  district courts of appeal are created, and the state is divided
   84  into six five appellate districts of contiguous circuits.
   85         Section 2. Effective January 1, 2023, section 35.02,
   86  Florida Statutes, is amended to read:
   87         35.02 First Appellate District.—The First Appellate
   88  District is composed of the First, Second, Third, Fourth,
   89  Eighth, and Fourteenth Judicial Circuits.
   90         Section 3. Effective January 1, 2023, section 35.03,
   91  Florida Statutes, is amended to read:
   92         35.03 Second Appellate District.—The Second Appellate
   93  District is composed of the Sixth, Tenth, Twelfth, and
   94  Thirteenth, and Twentieth Judicial Circuits.
   95         Section 4. Effective January 1, 2023, section 35.043,
   96  Florida Statutes, is amended to read:
   97         35.043 Fifth Appellate District.—The Fifth Appellate
   98  District is composed of the Fourth, Fifth, Seventh, Ninth, and
   99  Eighteenth Judicial Circuits.
  100         Section 5. Effective January 1, 2023, section 35.044,
  101  Florida Statutes, is created to read:
  102         35.044 Sixth Appellate District.—The Sixth Appellate
  103  District is composed of the Ninth, Tenth, and Twentieth Judicial
  104  Circuits.
  105         Section 6. Effective January 1, 2023, subsection (1) of
  106  section 35.05, Florida Statutes, is amended to read:
  107         35.05 Headquarters.—
  108         (1) The headquarters of the First Appellate District shall
  109  be in the Second Judicial Circuit, Tallahassee, Leon County; of
  110  the Second Appellate District in the Sixth Tenth Judicial
  111  Circuit, Pinellas Lakeland, Polk County; of the Third Appellate
  112  District in the Eleventh Judicial Circuit, Miami-Dade County; of
  113  the Fourth Appellate District in the Fifteenth Judicial Circuit,
  114  Palm Beach County; of and the Fifth Appellate District in the
  115  Seventh Judicial Circuit, Daytona Beach, Volusia County; and of
  116  the Sixth Appellate District in the Tenth Judicial Circuit,
  117  Lakeland, Polk County. Although each district must have a
  118  headquarters as set forth in this subsection, the Legislature
  119  intends for policies and practices to be implemented to
  120  encourage top applicants for judicial vacancies from throughout
  121  each entire district and to provide opportunities for remote
  122  workplaces for judges and staff who may not live near the
  123  headquarters of the district. Further, it is the intent of the
  124  Legislature to ensure that the district courts operate as
  125  efficiently as possible through the use of leading technologies
  126  and by adopting policies and practices that encourage innovation
  127  and workforce flexibility.
  128         Section 7. Effective January 1, 2023, section 35.06,
  129  Florida Statutes, is amended to read:
  130         35.06 Organization of district courts of appeal.—A district
  131  court of appeal shall be organized in each of the six five
  132  appellate districts to be named District Court of Appeal, ....
  133  District. The number of judges of each district court of appeal
  134  shall be as follows:
  135         (1) In the first district there shall be 13 15 judges.
  136         (2) In the second district there shall be 12 16 judges.
  137         (3) In the third district there shall be 10 judges.
  138         (4) In the fourth district there shall be 12 judges.
  139         (5) In the fifth district there shall be 12 11 judges.
  140         (6)In the sixth district there shall be 12 judges.
  141         Section 8. Effective January 1, 2023, subsection (4) of
  142  section 27.51, Florida Statutes, is amended to read:
  143         27.51 Duties of public defender.—
  144         (4) The public defender for the judicial circuit specified
  145  in this subsection shall, after the record on appeal is
  146  transmitted to the appellate court by the office of the public
  147  defender which handled the trial and if requested by any public
  148  defender within the indicated appellate district, handle all
  149  circuit court and county court appeals within the state courts
  150  system and any authorized appeals to the federal courts required
  151  of the official making such request:
  152         (a) Public defender of the second judicial circuit, on
  153  behalf of any public defender within the district comprising the
  154  First District Court of Appeal.
  155         (b) Public defender of the sixth tenth judicial circuit, on
  156  behalf of any public defender within the district comprising the
  157  Second District Court of Appeal.
  158         (c) Public defender of the eleventh judicial circuit, on
  159  behalf of any public defender within the district comprising the
  160  Third District Court of Appeal.
  161         (d) Public defender of the fifteenth judicial circuit, on
  162  behalf of any public defender within the district comprising the
  163  Fourth District Court of Appeal.
  164         (e) Public defender of the seventh judicial circuit, on
  165  behalf of any public defender within the district comprising the
  166  Fifth District Court of Appeal.
  167         (f)Public defender of the tenth judicial circuit, on
  168  behalf of any public defender within the district comprising the
  169  Sixth District Court of Appeal.
  170         Section 9. Effective January 1, 2023, subsection (1) and
  171  paragraph (a) of subsection (3) of section 27.511, Florida
  172  Statutes, are amended to read:
  173         27.511 Offices of criminal conflict and civil regional
  174  counsel; legislative intent; qualifications; appointment;
  175  duties.—
  176         (1) It is the intent of the Legislature to provide adequate
  177  representation to persons entitled to court-appointed counsel
  178  under the Federal or State Constitution or as authorized by
  179  general law. It is the further intent of the Legislature to
  180  provide adequate representation in a fiscally sound manner,
  181  while safeguarding constitutional principles. Therefore, an
  182  office of criminal conflict and civil regional counsel is
  183  created within the geographic boundaries of each of the six five
  184  district courts of appeal. The regional counsel shall be
  185  appointed as set forth in subsection (3) for each of the six
  186  five regional offices.
  187         (3)(a) Each regional counsel must be, and must have been
  188  for the preceding 5 years, a member in good standing of The
  189  Florida Bar. Each regional counsel shall be appointed by the
  190  Governor and is subject to confirmation by the Senate. The
  191  Supreme Court Judicial Nominating Commission, in addition to the
  192  current regional counsel, shall recommend to the Governor not
  193  fewer than two or more than six five additional qualified
  194  candidates for appointment to each of the six five regional
  195  counsel positions. The Governor shall appoint the regional
  196  counsel for the six five regions from among the recommendations,
  197  or, if it is in the best interest of the fair administration of
  198  justice, the Governor may reject the nominations and request
  199  that the Supreme Court Judicial Nominating Commission submit
  200  three new nominees. The regional counsel shall be appointed to a
  201  term of 4 years, the term beginning on October 1, 2015.
  202  Vacancies shall be filled in the manner provided in paragraph
  203  (b).
  204         Section 10. Effective January 1, 2023, subsection (4) of
  205  section 27.53, Florida Statutes, is amended to read:
  206         27.53 Appointment of assistants and other staff; method of
  207  payment.—
  208         (4) The six five criminal conflict and civil regional
  209  counsel may employ and establish, in the numbers authorized by
  210  the General Appropriations Act, assistant regional counsel and
  211  other staff and personnel in each judicial district pursuant to
  212  s. 29.006, who shall be paid from funds appropriated for that
  213  purpose. Notwithstanding s. 790.01, s. 790.02, or s.
  214  790.25(2)(a), an investigator employed by an office of criminal
  215  conflict and civil regional counsel, while actually carrying out
  216  official duties, is authorized to carry concealed weapons if the
  217  investigator complies with s. 790.25(3)(o). However, such
  218  investigators are not eligible for membership in the Special
  219  Risk Class of the Florida Retirement System. The six five
  220  regional counsel shall jointly develop recommended modifications
  221  to the classification plan and the salary and benefits plan for
  222  the Justice Administrative Commission. The recommendations shall
  223  be submitted to the commission, the office of the President of
  224  the Senate, and the office of the Speaker of the House of
  225  Representatives before January 1 of each year. Such
  226  recommendations shall be developed in accordance with policies
  227  and procedures of the Executive Office of the Governor
  228  established in s. 216.181. Each assistant regional counsel
  229  appointed by the regional counsel under this section shall serve
  230  at the pleasure of the regional counsel. Each investigator
  231  employed by the regional counsel shall have full authority to
  232  serve any witness subpoena or court order issued by any court or
  233  judge in a criminal case in which the regional counsel has been
  234  appointed to represent the accused.
  235         Section 11. Effective January 1, 2023, subsection (1) of
  236  section 29.001, Florida Statutes, is amended to read:
  237         29.001 State courts system elements and definitions.—
  238         (1) For the purpose of implementing s. 14, Art. V of the
  239  State Constitution, the state courts system is defined to
  240  include the enumerated elements of the Supreme Court, district
  241  courts of appeal, circuit courts, county courts, and certain
  242  supports thereto. The offices of public defenders and state
  243  attorneys are defined to include the enumerated elements of the
  244  20 state attorneys’ offices and the enumerated elements of the
  245  20 public defenders’ offices and six five offices of criminal
  246  conflict and civil regional counsel. Court-appointed counsel are
  247  defined to include the enumerated elements for counsel appointed
  248  to ensure due process in criminal and civil proceedings in
  249  accordance with state and federal constitutional guarantees.
  250  Funding for the state courts system, the state attorneys’
  251  offices, the public defenders’ offices, the offices of criminal
  252  conflict and civil regional counsel, and other court-appointed
  253  counsel shall be provided from state revenues appropriated by
  254  general law.
  255         Section 12. Effective January 1, 2023, paragraph (b) of
  256  subsection (2) of section 440.45, Florida Statutes, is amended
  257  to read:
  258         440.45 Office of the Judges of Compensation Claims.—
  259         (2)
  260         (b) Except as provided in paragraph (c), the Governor shall
  261  appoint a judge of compensation claims from a list of three
  262  persons nominated by a statewide nominating commission. The
  263  statewide nominating commission shall be composed of the
  264  following:
  265         1. Six Five members, at least one of whom must be a member
  266  of a minority group as defined in s. 288.703, one of each who
  267  resides in each of the territorial jurisdictions of the district
  268  courts of appeal, appointed by the Board of Governors of The
  269  Florida Bar from among The Florida Bar members who are engaged
  270  in the practice of law. The Board of Governors shall appoint
  271  members who reside in the odd-numbered district court of appeal
  272  jurisdictions to 4-year terms each, beginning July 1, 1999, and
  273  members who reside in the even-numbered district court of appeal
  274  jurisdictions to 2-year terms each, beginning July 1, 1999.
  275  Thereafter, Each member shall be appointed for a 4-year term;
  276         2. Six Five electors, at least one of whom must be a member
  277  of a minority group as defined in s. 288.703, one of each who
  278  resides in each of the territorial jurisdictions of the district
  279  courts of appeal, appointed by the Governor. The Governor shall
  280  appoint members who reside in the odd-numbered district court of
  281  appeal jurisdictions to 2-year terms each, beginning July 1,
  282  1999, and members who reside in the even-numbered district court
  283  of appeal jurisdictions to 4-year terms each, beginning July 1,
  284  1999. Thereafter, Each member shall be appointed for a 4-year
  285  term; and
  286         3. Six Five electors, at least one of whom must be a member
  287  of a minority group as defined in s. 288.703, one of each who
  288  resides in the territorial jurisdictions of the district courts
  289  of appeal, selected and appointed by a majority vote of the
  290  other 10 members of the commission. A majority of the other
  291  members of the commission shall appoint members who reside in
  292  the odd-numbered district court of appeal jurisdictions to 2
  293  year terms each, beginning October 1, 1999, and members who
  294  reside in the even-numbered district court of appeal
  295  jurisdictions to 4-year terms each, beginning October 1, 1999.
  296  Thereafter, Each member shall be appointed for a 4-year term.
  297  
  298  A vacancy occurring on the commission shall be filled by the
  299  original appointing authority for the unexpired balance of the
  300  term. An No attorney who appears before any judge of
  301  compensation claims more than four times a year is not eligible
  302  to serve on the statewide nominating commission. The meetings
  303  and determinations of the nominating commission as to the judges
  304  of compensation claims shall be open to the public.
  305         Section 13. Effective January 1, 2023, for the purpose of
  306  incorporating the amendment made by this act to section 35.05,
  307  Florida Statutes, in a reference thereto, subsection (1) of
  308  section 29.008, Florida Statutes, is reenacted to read:
  309         29.008 County funding of court-related functions.—
  310         (1) Counties are required by s. 14, Art. V of the State
  311  Constitution to fund the cost of communications services,
  312  existing radio systems, existing multiagency criminal justice
  313  information systems, and the cost of construction or lease,
  314  maintenance, utilities, and security of facilities for the
  315  circuit and county courts, public defenders’ offices, state
  316  attorneys’ offices, guardian ad litem offices, and the offices
  317  of the clerks of the circuit and county courts performing court
  318  related functions. For purposes of this section, the term
  319  “circuit and county courts” includes the offices and staffing of
  320  the guardian ad litem programs, and the term “public defenders’
  321  offices” includes the offices of criminal conflict and civil
  322  regional counsel. The county designated under s. 35.05(1) as the
  323  headquarters for each appellate district shall fund these costs
  324  for the appellate division of the public defender’s office in
  325  that county. For purposes of implementing these requirements,
  326  the term:
  327         (a) “Facility” means reasonable and necessary buildings and
  328  office space and appurtenant equipment and furnishings,
  329  structures, real estate, easements, and related interests in
  330  real estate, including, but not limited to, those for the
  331  purpose of housing legal materials for use by the general public
  332  and personnel, equipment, or functions of the circuit or county
  333  courts, public defenders’ offices, state attorneys’ offices, and
  334  court-related functions of the office of the clerks of the
  335  circuit and county courts and all storage. The term “facility”
  336  includes all wiring necessary for court reporting services. The
  337  term also includes access to parking for such facilities in
  338  connection with such court-related functions that may be
  339  available free or from a private provider or a local government
  340  for a fee. The office space provided by a county may not be less
  341  than the standards for space allotment adopted by the Department
  342  of Management Services, except this requirement applies only to
  343  facilities that are leased, or on which construction commences,
  344  after June 30, 2003. County funding must include physical
  345  modifications and improvements to all facilities as are required
  346  for compliance with the Americans with Disabilities Act. Upon
  347  mutual agreement of a county and the affected entity in this
  348  paragraph, the office space provided by the county may vary from
  349  the standards for space allotment adopted by the Department of
  350  Management Services.
  351         1. As of July 1, 2005, equipment and furnishings shall be
  352  limited to that appropriate and customary for courtrooms,
  353  hearing rooms, jury facilities, and other public areas in
  354  courthouses and any other facility occupied by the courts, state
  355  attorneys, public defenders, guardians ad litem, and criminal
  356  conflict and civil regional counsel. Court reporting equipment
  357  in these areas or facilities is not a responsibility of the
  358  county.
  359         2. Equipment and furnishings under this paragraph in
  360  existence and owned by counties on July 1, 2005, except for that
  361  in the possession of the clerks, for areas other than
  362  courtrooms, hearing rooms, jury facilities, and other public
  363  areas in courthouses and any other facility occupied by the
  364  courts, state attorneys, and public defenders, shall be
  365  transferred to the state at no charge. This provision does not
  366  apply to any communications services as defined in paragraph
  367  (f).
  368         (b) “Construction or lease” includes, but is not limited
  369  to, all reasonable and necessary costs of the acquisition or
  370  lease of facilities for all judicial officers, staff, jurors,
  371  volunteers of a tenant agency, and the public for the circuit
  372  and county courts, the public defenders’ offices, state
  373  attorneys’ offices, and for performing the court-related
  374  functions of the offices of the clerks of the circuit and county
  375  courts. This includes expenses related to financing such
  376  facilities and the existing and future cost and bonded
  377  indebtedness associated with placing the facilities in use.
  378         (c) “Maintenance” includes, but is not limited to, all
  379  reasonable and necessary costs of custodial and groundskeeping
  380  services and renovation and reconstruction as needed to
  381  accommodate functions for the circuit and county courts, the
  382  public defenders’ offices, and state attorneys’ offices and for
  383  performing the court-related functions of the offices of the
  384  clerks of the circuit and county court and for maintaining the
  385  facilities in a condition appropriate and safe for the use
  386  intended.
  387         (d) “Utilities” means all electricity services for light,
  388  heat, and power; natural or manufactured gas services for light,
  389  heat, and power; water and wastewater services and systems,
  390  stormwater or runoff services and systems, sewer services and
  391  systems, all costs or fees associated with these services and
  392  systems, and any costs or fees associated with the mitigation of
  393  environmental impacts directly related to the facility.
  394         (e) “Security” includes but is not limited to, all
  395  reasonable and necessary costs of services of law enforcement
  396  officers or licensed security guards and all electronic,
  397  cellular, or digital monitoring and screening devices necessary
  398  to ensure the safety and security of all persons visiting or
  399  working in a facility; to provide for security of the facility,
  400  including protection of property owned by the county or the
  401  state; and for security of prisoners brought to any facility.
  402  This includes bailiffs while providing courtroom and other
  403  security for each judge and other quasi-judicial officers.
  404         (f) “Communications services” are defined as any reasonable
  405  and necessary transmission, emission, and reception of signs,
  406  signals, writings, images, and sounds of intelligence of any
  407  nature by wire, radio, optical, audio equipment, or other
  408  electromagnetic systems and includes all facilities and
  409  equipment owned, leased, or used by judges, clerks, public
  410  defenders, state attorneys, guardians ad litem, criminal
  411  conflict and civil regional counsel, and all staff of the state
  412  courts system, state attorneys’ offices, public defenders’
  413  offices, and clerks of the circuit and county courts performing
  414  court-related functions. Such system or services shall include,
  415  but not be limited to:
  416         1. Telephone system infrastructure, including computer
  417  lines, telephone switching equipment, and maintenance, and
  418  facsimile equipment, wireless communications, cellular
  419  telephones, pagers, and video teleconferencing equipment and
  420  line charges. Each county shall continue to provide access to a
  421  local carrier for local and long distance service and shall pay
  422  toll charges for local and long distance service.
  423         2. All computer networks, systems and equipment, including
  424  computer hardware and software, modems, printers, wiring,
  425  network connections, maintenance, support staff or services
  426  including any county-funded support staff located in the offices
  427  of the circuit court, county courts, state attorneys, public
  428  defenders, guardians ad litem, and criminal conflict and civil
  429  regional counsel; training, supplies, and line charges necessary
  430  for an integrated computer system to support the operations and
  431  management of the state courts system, the offices of the public
  432  defenders, the offices of the state attorneys, the guardian ad
  433  litem offices, the offices of criminal conflict and civil
  434  regional counsel, and the offices of the clerks of the circuit
  435  and county courts; and the capability to connect those entities
  436  and reporting data to the state as required for the transmission
  437  of revenue, performance accountability, case management, data
  438  collection, budgeting, and auditing purposes. The integrated
  439  computer system shall be operational by July 1, 2006, and, at a
  440  minimum, permit the exchange of financial, performance
  441  accountability, case management, case disposition, and other
  442  data across multiple state and county information systems
  443  involving multiple users at both the state level and within each
  444  judicial circuit and be able to electronically exchange judicial
  445  case background data, sentencing scoresheets, and video evidence
  446  information stored in integrated case management systems over
  447  secure networks. Once the integrated system becomes operational,
  448  counties may reject requests to purchase communications services
  449  included in this subparagraph not in compliance with standards,
  450  protocols, or processes adopted by the board established
  451  pursuant to former s. 29.0086.
  452         3. Courier messenger and subpoena services.
  453         4. Auxiliary aids and services for qualified individuals
  454  with a disability which are necessary to ensure access to the
  455  courts. Such auxiliary aids and services include, but are not
  456  limited to, sign language interpretation services required under
  457  the federal Americans with Disabilities Act other than services
  458  required to satisfy due-process requirements and identified as a
  459  state funding responsibility pursuant to ss. 29.004, 29.005,
  460  29.006, and 29.007, real-time transcription services for
  461  individuals who are hearing impaired, and assistive listening
  462  devices and the equipment necessary to implement such
  463  accommodations.
  464         (g) “Existing radio systems” includes, but is not limited
  465  to, law enforcement radio systems that are used by the circuit
  466  and county courts, the offices of the public defenders, the
  467  offices of the state attorneys, and for court-related functions
  468  of the offices of the clerks of the circuit and county courts.
  469  This includes radio systems that were operational or under
  470  contract at the time Revision No. 7, 1998, to Art. V of the
  471  State Constitution was adopted and any enhancements made
  472  thereafter, the maintenance of those systems, and the personnel
  473  and supplies necessary for operation.
  474         (h) “Existing multiagency criminal justice information
  475  systems” includes, but is not limited to, those components of
  476  the multiagency criminal justice information system as defined
  477  in s. 943.045, supporting the offices of the circuit or county
  478  courts, the public defenders’ offices, the state attorneys’
  479  offices, or those portions of the offices of the clerks of the
  480  circuit and county courts performing court-related functions
  481  that are used to carry out the court-related activities of those
  482  entities. This includes upgrades and maintenance of the current
  483  equipment, maintenance and upgrades of supporting technology
  484  infrastructure and associated staff, and services and expenses
  485  to assure continued information sharing and reporting of
  486  information to the state. The counties shall also provide
  487  additional information technology services, hardware, and
  488  software as needed for new judges and staff of the state courts
  489  system, state attorneys’ offices, public defenders’ offices,
  490  guardian ad litem offices, and the offices of the clerks of the
  491  circuit and county courts performing court-related functions.
  492         Section 14. Effective January 1, 2023, for the purpose of
  493  incorporating the amendment made by this act to section 35.05,
  494  Florida Statutes, in a reference thereto, subsection (1) of
  495  section 35.051, Florida Statutes, is reenacted to read:
  496         35.051 Subsistence and travel reimbursement for judges with
  497  alternate headquarters.—
  498         (1)(a) A district court of appeal judge is eligible for the
  499  designation of a county courthouse or another appropriate
  500  facility in his or her county of residence as his or her
  501  official headquarters for purposes of s. 112.061 if the judge
  502  permanently resides more than 50 miles from:
  503         1. The appellate district’s headquarters as prescribed
  504  under s. 35.05(1), if the judge is assigned to such
  505  headquarters; or
  506         2. The appellate district’s branch headquarters established
  507  under s. 35.05(2), if the judge is assigned to such branch
  508  headquarters.
  509  
  510  The official headquarters may serve only as the judge’s private
  511  chambers.
  512         (b)1. A district court of appeal judge for whom an official
  513  headquarters is designated in his or her county of residence
  514  under this subsection is eligible for subsistence at a rate to
  515  be established by the Chief Justice for each day or partial day
  516  that the judge is at the headquarters or branch headquarters of
  517  his or her appellate district to conduct court business, as
  518  authorized by the chief judge of that district court of appeal.
  519  The Chief Justice may authorize a judge to choose between
  520  subsistence based on lodging at a single-occupancy rate and meal
  521  reimbursement as provided in s. 112.061 and subsistence at a
  522  fixed rate prescribed by the Chief Justice.
  523         2. In addition to subsistence, a district court of appeal
  524  judge is eligible for reimbursement for travel expenses as
  525  provided in s. 112.061(7) and (8) for travel between the judge’s
  526  official headquarters and the headquarters or branch
  527  headquarters of the appellate district to conduct court
  528  business.
  529         (c) Payment of subsistence and reimbursement for travel
  530  expenses between the judge’s official headquarters and the
  531  headquarters or branch headquarters of his or her appellate
  532  district shall be made to the extent that appropriated funds are
  533  available, as determined by the Chief Justice.
  534         Section 15. All property, including equipment, furnishings,
  535  and fixtures, located at the Lakeland headquarters of the
  536  current Second District Court of Appeal or being used by
  537  employees assigned to the Lakeland headquarters must remain in
  538  Lakeland and must be transferred to the Sixth District Court of
  539  Appeal unless the Office of the State Courts Administrator
  540  determines that such property is critical to the continuing
  541  operations of the Second District Court of Appeal.
  542         Section 16. Notwithstanding any provision to the contrary
  543  in chapter 35, Florida Statutes, the Chief Justice of the
  544  Supreme Court may authorize a pilot program under which the
  545  Fifth and Sixth District Courts of Appeal are authorized to
  546  implement innovative practices, incorporate leading
  547  technologies, and provide for remote court proceedings from
  548  their alternate headquarters, as authorized in s. 35.051,
  549  Florida Statutes, provided that both the constitutional rights
  550  of crime victims and criminal defendants and the public’s
  551  constitutional right of access to the courts are maintained. The
  552  pilot program expires June 30, 2025, unless otherwise provided
  553  by law. The Supreme Court shall provide a report to the
  554  Governor, the President of the Senate, and the Speaker of the
  555  House of Representatives which includes recommendations for
  556  incorporating such practices and technology in each district.
  557         Section 17. Judicial appointments and commissions.—
  558         (1) In order to effectuate a transition that provides for
  559  uniform representation based upon the expected caseloads for
  560  each district, while recognizing that the current judges’
  561  residences will not necessarily correlate with the new
  562  district’s geographical boundaries, a period of transition must
  563  be recognized. During the period from the effective date of this
  564  act until December 31, 2027, it is the intent of the
  565  Legislature, for purposes of the residency requirements of s. 8,
  566  Article V of the State Constitution and s. 35.06, Florida
  567  Statutes, that the territorial jurisdiction of each district
  568  court which has been realigned shall include any contiguous
  569  district court which was also realigned. The number of judges
  570  authorized in s. 35.06, Florida Statutes, for each district
  571  court of appeal must be filled in the following manner:
  572         (a)Vacancies created by this realignment must first be
  573  filled by those judges presently residing in the new district
  574  whose residency has not changed since their original
  575  appointment.
  576         (b)If there is an insufficient number of judges pursuant
  577  to paragraph (a), vacancies created by the realignment must be
  578  filled by those judges who resided in the new district at the
  579  time of their original appointment but who have subsequently
  580  changed their residence and currently reside in a district with
  581  excess judges residing therein.
  582         (c)If there is an insufficient number of judges pursuant
  583  to paragraphs (a) and (b), the Supreme Court must annually
  584  assign the requisite number of judges from a contiguous district
  585  with an excess number of judges to a contiguous district with an
  586  insufficient number of judges during the transition period.
  587  Assignments from such contiguous district with excess judges
  588  residing therein must be for at least a 1-year term during the
  589  transition period, but assignments will terminate and judges
  590  will be reassigned as vacancies occur in the district in which
  591  the judge resides.
  592         (d)After all judges residing in contiguous districts with
  593  excess judges have been allocated, the remaining judges required
  594  to meet the need as set forth in s. 35.06, Florida Statutes,
  595  shall be appointed by the Governor.
  596         (e)Within 1 month of the effective date of this act, any
  597  judge who relocated from their county of original appointment
  598  before February 1, 2022, may file a sworn statement of intent
  599  with the State Courts Administrator indicating his or her desire
  600  to serve permanently in the new district. Such judges remain
  601  subject to assignment pursuant to paragraphs (b) and (c) until
  602  vacancies occur in that district.
  603         (2)Within 2 months of the effective date of this act, the
  604  Supreme Court shall provide the Governor with a list of the
  605  judges who will be permanently assigned to each district, those
  606  who will be temporarily assigned to certain districts as of
  607  January 1, 2023, and the location of the positions the Governor
  608  must fill by appointment. The Governor shall request each
  609  applicable judicial nominating commission to convene for the
  610  purpose of selecting and submitting names of qualified
  611  individuals for consideration by the Governor in making
  612  appointments. Individuals filling judgeships created by this act
  613  shall be appointed by the Governor in accordance with s. 11,
  614  Article V of the State Constitution.
  615         (3) On January 1, 2023, the Governor shall recommission any
  616  judge whose district was modified by the realignment of
  617  districts pursuant to this act; except that, the recommission of
  618  any judge whose district is modified by the realignment of
  619  districts and is seeking retention to office at the 2022 general
  620  election, and is retained by the voters at such election, shall
  621  occur January 3, 2023.
  622         Section 18. Except as expressly provided in this act, this
  623  act shall take effect upon becoming a law.