(1)(a) A district court of appeal judge is eligible for the designation of a county courthouse or another appropriate facility in his or her county of residence as his or her official headquarters for purposes of s. 112.061 if the judge permanently resides more than 50 miles from:
1. The appellate district’s headquarters as prescribed under s. 35.05(1), if the judge is assigned to such headquarters; or
2. The appellate district’s branch headquarters established under s. 35.05(2), if the judge is assigned to such branch headquarters.
The official headquarters may serve only as the judge’s private chambers.
(b)1. A district court of appeal judge for whom an official headquarters is designated in his or her county of residence under this subsection is eligible for subsistence at a rate to be established by the Chief Justice for each day or partial day that the judge is at the headquarters or branch headquarters of his or her appellate district to conduct court business, as authorized by the chief judge of that district court of appeal. The Chief Justice may authorize a judge to choose between subsistence based on lodging at a single-occupancy rate and meal reimbursement as provided in s. 112.061 and subsistence at a fixed rate prescribed by the Chief Justice.
2. In addition to subsistence, a district court of appeal judge is eligible for reimbursement for travel expenses as provided in s. 112.061(7) and (8) for travel between the judge’s official headquarters and the headquarters or branch headquarters of the appellate district to conduct court business.
(c) Payment of subsistence and reimbursement for travel expenses between the judge’s official headquarters and the headquarters or branch headquarters of his or her appellate district shall be made to the extent that appropriated funds are available, as determined by the Chief Justice.
(2) The Chief Justice shall coordinate with each affected district court of appeal judge and other state and local officials as necessary to implement subsection (1).
(3)(a) This section does not require a county to provide space in a county courthouse for a district court of appeal judge. A county may enter into an agreement with a district court of appeal governing the use of space in a county courthouse.
(b) A district court of appeal may not use state funds to lease space in a county courthouse or other facility to allow a district court of appeal judge to establish an official headquarters pursuant to subsection (1).
(4) The Chief Justice may establish parameters governing the authority provided in this section, including, but not limited to, specifying minimum operational requirements for the designated headquarters, limiting the number of days for which subsistence and travel reimbursement may be provided, and prescribing activities that qualify as the conduct of court business.
(5) If any term of this section conflicts with s. 112.061, this section shall control to the extent of the conflict.
History.—s. 2, ch. 2020-61; s. 13, ch. 2022-163.
Structure Florida Statutes
Chapter 35 - District Courts of Appeal
35.01 - District Courts of Appeal; Districts.
35.02 - First Appellate District.
35.03 - Second Appellate District.
35.04 - Third Appellate District.
35.042 - Fourth Appellate District.
35.043 - Fifth Appellate District.
35.044 - Sixth Appellate District.
35.051 - Subsistence and Travel Reimbursement for Judges With Alternate Headquarters.
35.06 - Organization of District Courts of Appeal.
35.065 - Review of Judgment or Order Certified by County Court to Be of Great Public Importance.
35.08 - Power to Execute Its Judgments.
35.15 - Decisions to Be Filed; Copies to Be Furnished.
35.20 - Retirement of District Court of Appeal Judge.
35.22 - Clerk of District Court; Assistants; Filing Fees; Teleconferencing.
35.23 - Location of Clerk’s Office.
35.24 - Maintenance of Books, Records, and Other Materials.