Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1392
       
       
       
       
       
       
                                Ì668414,Î668414                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/23/2020           .                                
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       The Committee on Judiciary (Simmons) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 25.025, Florida Statutes, is amended to
    6  read:
    7         25.025 Headquarters.—
    8         (1)(a) A Supreme Court justice who permanently resides
    9  outside Leon County is eligible for the designation of shall, if
   10  he or she so requests, have a district court of appeal
   11  courthouse, a county courthouse, or another appropriate facility
   12  in his or her district of residence designated as his or her
   13  official headquarters for purposes of pursuant to s. 112.061.
   14  This official headquarters may serve only as the justice’s
   15  private chambers.
   16         (b)1. A justice for whom an official headquarters is
   17  designated in his or her district of residence under this
   18  subsection is eligible for subsistence at a rate to be
   19  established by the Chief Justice for each day or partial day
   20  that the justice is at the headquarters of the Supreme Court to
   21  Building for the conduct court of the business, as authorized by
   22  the Chief Justice of the court. The Chief Justice may authorize
   23  a justice to choose between subsistence based on lodging at a
   24  single-occupancy rate and meal reimbursement as provided in s.
   25  112.061 and subsistence at a fixed rate prescribed by the Chief
   26  Justice.
   27         2. In addition to the subsistence allowance, a justice is
   28  eligible for reimbursement for travel transportation expenses as
   29  provided in s. 112.061(7) and (8) for travel between the
   30  justice’s official headquarters and the headquarters of the
   31  Supreme Court to Building for the conduct court of the business
   32  of the court.
   33         (c) Payment of subsistence and reimbursement for travel
   34  transportation expenses relating to travel between a justice’s
   35  official headquarters and the headquarters of the Supreme Court
   36  shall Building must be made to the extent that appropriated
   37  funds are available, as determined by the Chief Justice.
   38         (2) The Chief Justice shall coordinate with each affected
   39  justice and other state and local officials as necessary to
   40  implement subsection (1) paragraph (1)(a).
   41         (3)(a) This section does not require a county to provide
   42  space in a county courthouse for a justice. A county may enter
   43  into an agreement with the Supreme Court governing the use of
   44  space in a county courthouse.
   45         (b) The Supreme Court may not use state funds to lease
   46  space in a district court of appeal courthouse, county
   47  courthouse, or other facility to allow a justice to establish an
   48  official headquarters pursuant to subsection (1).
   49         (4) The Chief Justice may establish parameters governing
   50  the authority provided in this section, including, but not
   51  limited to, specifying minimum operational requirements for the
   52  designated headquarters, limiting the number of days for which
   53  subsistence and travel reimbursement may be provided, and
   54  prescribing activities that qualify as the conduct of court
   55  business.
   56         (5) If any term of this section conflicts with s. 112.061,
   57  this section shall control to the extent of the conflict.
   58         Section 2. Section 35.051, Florida Statutes, is created to
   59  read:
   60         35.051 Subsistence and travel reimbursement for judges with
   61  alternate headquarters.—
   62         (1)(a) A district court of appeal judge is eligible for the
   63  designation of a county courthouse or another appropriate
   64  facility in his or her county of residence as his or her
   65  official headquarters for purposes of s. 112.061 if the judge
   66  permanently resides more than 50 miles from:
   67         1. The appellate district’s headquarters as prescribed
   68  under s. 35.05(1), if the judge is assigned to such
   69  headquarters; or
   70         2. The appellate district’s branch headquarters established
   71  under s. 35.05(2), if the judge is assigned to such branch
   72  headquarters.
   73  
   74  The official headquarters may serve only as the judge’s private
   75  chambers.
   76         (b)1. A district court of appeal judge for whom an official
   77  headquarters is designated in his or her county of residence
   78  under this subsection is eligible for subsistence at a rate to
   79  be established by the Chief Justice for each day or partial day
   80  that the judge is at the headquarters or branch headquarters of
   81  his or her appellate district to conduct court business, as
   82  authorized by the chief judge of that district court of appeal.
   83  The Chief Justice may authorize a judge to choose between
   84  subsistence based on lodging at a single-occupancy rate and meal
   85  reimbursement as provided in s. 112.061 and subsistence at a
   86  fixed rate prescribed by the Chief Justice.
   87         2. In addition to subsistence, a district court of appeal
   88  judge is eligible for reimbursement for travel expenses as
   89  provided in s. 112.061(7) and (8) for travel between the judge’s
   90  official headquarters and the headquarters or branch
   91  headquarters of the appellate district to conduct court
   92  business.
   93         (c) Payment of subsistence and reimbursement for travel
   94  expenses between the judge’s official headquarters or branch
   95  headquarters and the headquarters of his or her appellate
   96  district shall be made to the extent that appropriated funds are
   97  available, as determined by the Chief Justice.
   98         (2) The Chief Justice shall coordinate with each affected
   99  district court of appeal judge and other state and local
  100  officials as necessary to implement subsection (1).
  101         (3)(a) This section does not require a county to provide
  102  space in a county courthouse for a district court of appeal
  103  judge. A county may enter into an agreement with a district
  104  court of appeal governing the use of space in a county
  105  courthouse.
  106         (b) A district court of appeal may not use state funds to
  107  lease space in a county courthouse or other facility to allow a
  108  district court of appeal judge to establish an official
  109  headquarters pursuant to subsection (1).
  110         (4) The Chief Justice may establish parameters governing
  111  the authority provided in this section, including, but not
  112  limited to, specifying minimum operational requirements for the
  113  designated headquarters, limiting the number of days for which
  114  subsistence and travel reimbursement may be provided, and
  115  prescribing activities that qualify as the conduct of court
  116  business.
  117         (5) If any term of this section conflicts with s. 112.061,
  118  this section shall control to the extent of the conflict.
  119         Section 3. This act shall take effect July 1, 2020.
  120  
  121  ================= T I T L E  A M E N D M E N T ================
  122  And the title is amended as follows:
  123         Delete everything before the enacting clause
  124  and insert:
  125                        A bill to be entitled                      
  126         An act relating to official headquarters of judicial
  127         officers; amending s. 25.025, F.S.; revising
  128         provisions governing the payment of subsistence and
  129         travel reimbursement for Supreme Court justices who
  130         designate an official headquarters other than the
  131         headquarters of the Supreme Court; authorizing the
  132         Chief Justice of the Supreme Court to establish
  133         certain parameters in administering the act; providing
  134         for construction; creating s. 35.051, F.S.;
  135         authorizing district court of appeal judges who meet
  136         certain criteria to have an appropriate facility in
  137         their county of residence designated as their official
  138         headquarters; providing restrictions; specifying
  139         eligibility for subsistence and travel reimbursement,
  140         subject to the availability of funds; requiring the
  141         Chief Justice to coordinate with certain officials in
  142         implementing the act; providing that a county is not
  143         required to provide space for a judge in a county
  144         courthouse; authorizing counties to enter into
  145         agreements with a district court of appeal for use of
  146         county courthouse space; prohibiting a district court
  147         of appeal from using state funds to lease space to
  148         establish a judge’s official headquarters; authorizing
  149         the Chief Justice to establish certain parameters in
  150         administering the act; providing for construction;
  151         providing an effective date.