Florida Senate - 2020              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1392
       
       
       
       
       
                               Ì5527547Î552754                          
       
       576-03592-20                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Criminal and Civil Justice)
    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; authorizing the
    8         Chief Justice of the Supreme Court to establish
    9         certain parameters in administering the act; providing
   10         for construction; creating s. 35.051, F.S.;
   11         authorizing district court of appeal judges who meet
   12         certain criteria to have an appropriate facility in
   13         their county of residence designated as their official
   14         headquarters; providing restrictions; specifying
   15         eligibility for subsistence and travel reimbursement,
   16         subject to the availability of funds; requiring the
   17         Chief Justice to coordinate with certain officials in
   18         implementing the act; providing that a county is not
   19         required to provide space for a judge in a county
   20         courthouse; authorizing counties to enter into
   21         agreements with a district court of appeal for use of
   22         county courthouse space; prohibiting a district court
   23         of appeal from using state funds to lease space to
   24         establish a judge’s official headquarters; authorizing
   25         the Chief Justice to establish certain parameters in
   26         administering the act; providing for construction;
   27         providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Section 25.025, Florida Statutes, is amended to
   32  read:
   33         25.025 Headquarters.—
   34         (1)(a) A Supreme Court justice who permanently resides
   35  outside Leon County is eligible for the designation of shall, if
   36  he or she so requests, have a district court of appeal
   37  courthouse, a county courthouse, or another appropriate facility
   38  in his or her district of residence designated as his or her
   39  official headquarters for purposes of pursuant to s. 112.061.
   40  This official headquarters may serve only as the justice’s
   41  private chambers.
   42         (b)1. A justice for whom an official headquarters is
   43  designated in his or her district of residence under this
   44  subsection is eligible for subsistence at a rate to be
   45  established by the Chief Justice for each day or partial day
   46  that the justice is at the headquarters of the Supreme Court to
   47  Building for the conduct court of the business, as authorized by
   48  the Chief Justice of the court. The Chief Justice may authorize
   49  a justice to choose between subsistence based on lodging at a
   50  single-occupancy rate and meal reimbursement as provided in s.
   51  112.061 and subsistence at a fixed rate prescribed by the Chief
   52  Justice.
   53         2. In addition to the subsistence allowance, a justice is
   54  eligible for reimbursement for travel transportation expenses as
   55  provided in s. 112.061(7) and (8) for travel between the
   56  justice’s official headquarters and the headquarters of the
   57  Supreme Court to Building for the conduct court of the business
   58  of the court.
   59         (c) Payment of subsistence and reimbursement for travel
   60  transportation expenses relating to travel between a justice’s
   61  official headquarters and the headquarters of the Supreme Court
   62  shall Building must be made to the extent that appropriated
   63  funds are available, as determined by the Chief Justice.
   64         (2) The Chief Justice shall coordinate with each affected
   65  justice and other state and local officials as necessary to
   66  implement subsection (1) paragraph (1)(a).
   67         (3)(a) This section does not require a county to provide
   68  space in a county courthouse for a justice. A county may enter
   69  into an agreement with the Supreme Court governing the use of
   70  space in a county courthouse.
   71         (b) The Supreme Court may not use state funds to lease
   72  space in a district court of appeal courthouse, county
   73  courthouse, or other facility to allow a justice to establish an
   74  official headquarters pursuant to subsection (1).
   75         (4) The Chief Justice may establish parameters governing
   76  the authority provided in this section, including, but not
   77  limited to, specifying minimum operational requirements for the
   78  designated headquarters, limiting the number of days for which
   79  subsistence and travel reimbursement may be provided, and
   80  prescribing activities that qualify as the conduct of court
   81  business.
   82         (5) If any term of this section conflicts with s. 112.061,
   83  this section shall control to the extent of the conflict.
   84         Section 2. Section 35.051, Florida Statutes, is created to
   85  read:
   86         35.051 Subsistence and travel reimbursement for judges with
   87  alternate headquarters.—
   88         (1)(a) A district court of appeal judge is eligible for the
   89  designation of a county courthouse or another appropriate
   90  facility in his or her county of residence as his or her
   91  official headquarters for purposes of s. 112.061 if the judge
   92  permanently resides more than 50 miles from:
   93         1. The appellate district’s headquarters as prescribed
   94  under s. 35.05(1), if the judge is assigned to such
   95  headquarters; or
   96         2. The appellate district’s branch headquarters established
   97  under s. 35.05(2), if the judge is assigned to such branch
   98  headquarters.
   99  
  100  The official headquarters may serve only as the judge’s private
  101  chambers.
  102         (b)1. A district court of appeal judge for whom an official
  103  headquarters is designated in his or her county of residence
  104  under this subsection is eligible for subsistence at a rate to
  105  be established by the Chief Justice for each day or partial day
  106  that the judge is at the headquarters or branch headquarters of
  107  his or her appellate district to conduct court business, as
  108  authorized by the chief judge of that district court of appeal.
  109  The Chief Justice may authorize a judge to choose between
  110  subsistence based on lodging at a single-occupancy rate and meal
  111  reimbursement as provided in s. 112.061 and subsistence at a
  112  fixed rate prescribed by the Chief Justice.
  113         2. In addition to subsistence, a district court of appeal
  114  judge is eligible for reimbursement for travel expenses as
  115  provided in s. 112.061(7) and (8) for travel between the judge’s
  116  official headquarters and the headquarters or branch
  117  headquarters of the appellate district to conduct court
  118  business.
  119         (c) Payment of subsistence and reimbursement for travel
  120  expenses between the judge’s official headquarters and the
  121  headquarters or branch headquarters of his or her appellate
  122  district shall be made to the extent that appropriated funds are
  123  available, as determined by the Chief Justice.
  124         (2) The Chief Justice shall coordinate with each affected
  125  district court of appeal judge and other state and local
  126  officials as necessary to implement subsection (1).
  127         (3)(a) This section does not require a county to provide
  128  space in a county courthouse for a district court of appeal
  129  judge. A county may enter into an agreement with a district
  130  court of appeal governing the use of space in a county
  131  courthouse.
  132         (b) A district court of appeal may not use state funds to
  133  lease space in a county courthouse or other facility to allow a
  134  district court of appeal judge to establish an official
  135  headquarters pursuant to subsection (1).
  136         (4) The Chief Justice may establish parameters governing
  137  the authority provided in this section, including, but not
  138  limited to, specifying minimum operational requirements for the
  139  designated headquarters, limiting the number of days for which
  140  subsistence and travel reimbursement may be provided, and
  141  prescribing activities that qualify as the conduct of court
  142  business.
  143         (5) If any term of this section conflicts with s. 112.061,
  144  this section shall control to the extent of the conflict.
  145         Section 3. This act shall take effect July 1, 2020.