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.