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.