FL
Florida House Bill H7027

Florida 2022 Regular Session

Florida House Bill H7027 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14+A bill to be entitled 1
1515 An act relating to the judicial branch; amending s. 2
16-27.51, F.S.; conforming provisions to changes made by 3
17-the act; amending s. 27.511, F.S.; providing 4
18-geographic boundaries for offices of criminal conflict 5
19-and civil regional counsel; amending s. 34.022, F.S.; 6
20-revising the number of county court judges in a 7
21-specified county; amending ss. 35.01, 35.02, 35.03, 8
22-35.043, F.S.; providing for the realignment of 9
23-appellate districts; creating s. 35.044, F.S.; 10
24-creating a sixth appellate district; amending s. 11
25-35.05, F.S.; revising the location of the headquarters 12
26-of the Second Appellate District; providing the 13
27-location of the headquarters of the Sixth Appellate 14
28-District; providing legislative intent; amending s. 15
29-35.06, F.S.; revising the number of judges of each 16
30-district court of appeal; amending s. 440.45, F.S.; 17
31-revising the number of members and electors for the of 18
32-the statewide nominating commission; removing obsol ete 19
33-language; reenacting s. 29.008(1), F.S., relating to 20
34-county funding of court -related functions, to 21
35-incorporate the amendment made to s. 35.05, Florida 22
36-Statutes, in a reference thereto; reenacting s. 23
37-35.051(1), F.S., relating to subsistence and travel 24
38-reimbursement for judges with alternate headquarters, 25
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16+16.71, F.S.; revising qualification requirements for 3
17+members of the Florida Gaming Control Commission; 4
18+amending s. 27.51, F.S.; conforming provisions to 5
19+changes made by the act; amending s. 27.511, F.S.; 6
20+providing geographic boundaries for offices of 7
21+criminal conflict and civil regional counsel; amending 8
22+s. 34.022, F.S.; revising the number of county court 9
23+judges in a specified county; amending ss. 35.01, 10
24+35.02, 35.03, 35.043, F.S.; providing for the 11
25+realignment of appellate districts; creating s. 12
26+35.044, F.S.; creating a sixth appellate district; 13
27+amending s. 35.05, F.S.; providing the location of the 14
28+headquarters of the Sixth Appellate District; amending 15
29+s. 35.06, F.S.; revising the number of judges of each 16
30+district court of appeal; amending s. 440.45; F.S.; 17
31+revising the number of electors for the Office of the 18
32+Judges of Compensation Claims; removing obsolet e 19
33+language; providing construction; requiring the 20
34+reallocation of judges residing within districts 21
35+realigned by the act; authorizing a temporary 22
36+headquarters; providing procedures for the judicial 23
37+nominating commission in order to conform to changes 24
38+made by the act; providing effective dates. 25
39+
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-to incorporate the amendment made to s. 35.05, Florida 26
52-Statutes, in a reference thereto; requiring all 27
53-specified property located in the Lakeland 28
54-headquarters of the current Second District Court of 29
55-Appeal or in use by employees assigned to such 30
56-headquarters to be transferred to the Sixth District 31
57-Court of Appeal unless a certain finding is made by 32
58-the Office of the State Courts Administrator; 33
59-providing construction; requiring the reallocation of 34
60-judges residing within districts realigned by the act; 35
61-requiring the Governor to recommission certain judges 36
62-on specified dates; authorizing a temporary 37
63-headquarters for a specified Appellate district; 38
64-providing for the termination of the terms of members 39
65-of certain judicial nominating commissions; requiring 40
66-the Governor to make appointments to specified 41
67-judicial nominating commissions; providing 42
68-requirements for such appointments; authorizing 43
69-members of specified nominating commissions to apply 44
70-for appointment; providing effective dates. 45
71- 46
72-Be It Enacted by the Legislature of the State of Florida: 47
73- 48
74- Section 1. Effective January 1, 2023, paragraph (b) of 49
75-subsection (4) of section 27.51, Florida Statutes, is amended to 50
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52+Be It Enacted by the Legislature of the State of Florida: 27
53+ 28
54+ Section 1. Effective January 1, 2023, paragraph (a) of 29
55+subsection (2) of section 16.71, Florida Statutes, is amended to 30
56+read: 31
57+ 16.71 Florida Gaming C ontrol Commission; creation; 32
58+meetings; membership. — 33
59+ (2) MEMBERSHIP.— 34
60+ (a) The commission shall consist of five members appointed 35
61+by the Governor, and subject to confirmation by the Senate, for 36
62+terms of 4 years. Members of the commission must be appointe d by 37
63+January 1, 2022. The Governor shall consider appointees who 38
64+reflect Florida's racial, ethnic, and gender diversity. Of the 39
65+initial five members appointed by the Governor, and immediately 40
66+upon appointment, the Governor shall appoint one of the members 41
67+as the initial chair and one of the members as the initial vice 42
68+chair. At the end of the initial chair's and vice chair's terms 43
69+pursuant to subparagraph 1., the commission shall elect one of 44
70+the members of the commission as chair and one of the members of 45
71+the commission as vice chair. 46
72+ 1. For the purpose of providing staggered terms, of the 47
73+initial appointments, two members shall be appointed to 4 -year 48
74+terms, two members shall be appointed to 3 -year terms, and one 49
75+member shall be appointed to a 2 -year term. 50
76+
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-read: 51
89- 27.51 Duties of public defender. — 52
90- (4) The public defender for the judicial circuit specified 53
91-in this subsection shall, after the record on appeal is 54
92-transmitted to the appellate court by the office of the public 55
93-defender which handled the trial and if requested by any public 56
94-defender within the indicated appellate district, handle all 57
95-circuit court and county court appeals within the state courts 58
96-system and any authorized appeals to the federal courts required 59
97-of the official making such request: 60
98- (b) Public defender of the tenth judicial circuit, on 61
99-behalf of any public defender within the districts district 62
100-comprising the Second District Court of Appeal and Sixth 63
101-District Court of Appeal . 64
102- Section 2. Effective January 1, 2023, subsection (1) of 65
103-section 27.511, Florida Statutes, is ame nded to read: 66
104- 27.511 Offices of criminal conflict and civil regional 67
105-counsel; legislative intent; qualifications; appointment; 68
106-duties.— 69
107- (1) It is the intent of the Legislature to provide 70
108-adequate representation to persons entitled to court -appointed 71
109-counsel under the Federal or State Constitution or as authorized 72
110-by general law. It is the further intent of the Legislature to 73
111-provide adequate representation in a fiscally sound manner, 74
112-while safeguarding constitutional principles. Therefore, an 75
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88+ 2. Of the five members, at least one member must have at 51
89+least 10 years of experience in law enforcement and criminal 52
90+investigations, at least one member must be a certified public 53
91+accountant licensed in this state with at least 10 years of 54
92+experience in accounting and auditing, and at least one member 55
93+must be an attorney admitted and authorized to practice law in 56
94+this state for at least the preceding 10 years. 57
95+ 3. Of the five members, no two members may be residents of 58
96+the same each appellate district shall have one member appointed 59
97+from the district to the commission who is a resident of the 60
98+district at the time of the original appointment. 61
99+ Section 2. Effective January 1, 2023, paragraph (f) is 62
100+added to subsection (4) of section 27.51, Florida Sta tutes, to 63
101+read: 64
102+ 27.51 Duties of public defender. — 65
103+ (4) The public defender for the judicial circuit specified 66
104+in this subsection shall, after the record on appeal is 67
105+transmitted to the appellate court by the office of the public 68
106+defender which handled t he trial and if requested by any public 69
107+defender within the indicated appellate district, handle all 70
108+circuit court and county court appeals within the state courts 71
109+system and any authorized appeals to the federal courts required 72
110+of the official making such request: 73
111+ (f) Public defender of the sixth judicial circuit, on 74
112+behalf of any public defender within the district comprising the 75
113+
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125-office of criminal conflict and civil regional counsel is 76
126-created within the geographic boundaries of each of the five 77
127-regions of the state district courts of appeal . The regional 78
128-counsel shall be appointed as set forth in subsection (3) for 79
129-each of the five regiona l offices. For the purposes of an office 80
130-of criminal conflict and civil regional counsel, the state is 81
131-divided into five geographic regions by judicial circuit as 82
132-follows: 83
133- (a) The first region consists of the first, second, third, 84
134-fourth, eighth, and fou rteenth circuits. 85
135- (b) The second region consists of the sixth, tenth, 86
136-twelfth, thirteenth, and twentieth circuits. 87
137- (c) The third region consists of the eleventh and 88
138-sixteenth circuits. 89
139- (d) The fourth region consists of the fifteenth, 90
140-seventeenth, and nineteenth circuits. 91
141- (e) The fifth region consists of the fifth, seventh, 92
142-ninth, and eighteenth circuits. 93
143- Section 3. Effective July 1, 2022, subsection (34) of 94
144-section 34.022, Florida Statutes, is amended to read: 95
145- 34.022 Number of county court judges for each county. —The 96
146-number of county court judges in each county shall be as 97
147-follows: 98
148-COUNTY TOTAL 99
149- (34) Lake................................ .............. 43 100
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125+Sixth District Court of Appeal. 76
126+ Section 3. Effective January 1, 2023, subsection (1) of 77
127+section 27.511, Florida Statutes, is amended to read: 78
128+ 27.511 Offices of criminal conflict and civil regional 79
129+counsel; legislative intent; qualifications; appointment; 80
130+duties.— 81
131+ (1) It is the intent of the Legislature to provide 82
132+adequate representation to persons entitled to court -appointed 83
133+counsel under the Federal or State Constitution or as authorized 84
134+by general law. It is the further intent of the Legislature to 85
135+provide adequate representation in a fiscally sound manner, 86
136+while safeguarding constitutional principles. Therefore, an 87
137+office of criminal conflict and civil regional counsel is 88
138+created within the geographic boundaries of each of the five 89
139+regions of the state district courts of appeal. The regional 90
140+counsel shall be appointed as set forth in subsection (3) for 91
141+each of the five regional offices. For the purposes of an office 92
142+of criminal conflict and civil regional counsel, the state is 93
143+divided into five geographic regions by judicial circuit as 94
144+follows: 95
145+ (a) The first region consists of the first, second, third, 96
146+fourth, eighth, and fourteenth circuits. 97
147+ (b) The second region consists of the sixth, tenth, 98
148+twelfth, thirteenth, and twentieth circuits. 99
149+ (c) The third region consists of the eleventh and 100
150+
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162- Section 4. Effective January 1, 2023, section 35.01, 101
163-Florida Statutes, is amended to read: 102
164- 35.01 District courts of appeal; districts. —Six Five 103
165-district courts of appeal are created, and the state is divided 104
166-into six five appellate districts of contiguous circuits. 105
167- 106
168- Section 5. Effective January 1, 2023, section 35.02, 107
169-Florida Statutes, is amended to read: 108
170- 35.02 First Appellate District. —The First Appellate 109
171-District is composed of the First, Second, Third, Fourth, 110
172-Eighth, and Fourteenth Judicial Circuits. 111
173- Section 6. Effective January 1, 2023, section 35.03, 112
174-Florida Statutes, is amended to read : 113
175- 35.03 Second Appellate District. —The Second Appellate 114
176-District is composed of the Sixth, Tenth, Twelfth, and 115
177-Thirteenth, and Twentieth Judicial Circuits. 116
178- Section 7. Effective January 1, 2023, section 35.043, 117
179-Florida Statutes, is amended to read: 118
180- 35.043 Fifth Appellate District. —The Fifth Appellate 119
181-District is composed of the Fourth, Fifth, Seventh, Ninth, and 120
182-Eighteenth Judicial Circuits. 121
183- Section 8. Effective January 1, 2023, section 35.044, 122
184-Florida Statutes, is created to read: 123
185- 35.044 Sixth Appellate District.—The Sixth Appellate 124
186-District is composed of the Ninth, Tenth, and Twentieth Judicial 125
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162+sixteenth circuits. 101
163+ (d) The fourth region consists of the fifteenth, 102
164+seventeenth, and nineteenth circuits. 103
165+ (e) The fifth region consists of the fifth, seventh, 104
166+ninth, and eighteenth circuits. 105
167+ Section 4. Effective July 1, 2022, subsection (34) of 106
168+section 34.022, Florida Statutes, is amended to read: 107
169+ 34.022 Number of county court judges for each county. —The 108
170+number of county court judges in each county shall be as 109
171+follows: 110
172+COUNTY TOTAL 111
173+ (34) Lake................................ .............. 43 112
174+ Section 5. Effective January 1, 2023, section 35.01, 113
175+Florida Statutes, is amended to read: 114
176+ 35.01 District courts of appeal; districts. —Six Five 115
177+district courts of appeal are created, and the state is divided 116
178+into six five appellate districts of contiguous circuits. 117
179+ Section 6. Effective January 1, 2023, section 35.02, 118
180+Florida Statutes, is amended to read: 119
181+ 35.02 First Appellate District. —The First Appellate 120
182+District is composed of the First, Second, Third, Fourth, 121
183+Eighth, and Fourteenth Judicial Circuits. 122
184+ Section 7. Effective January 1, 2023, section 35.03, 123
185+Florida Statutes, is amended to read: 124
186+ 35.03 Second Appellate District. —The Second Appellate 125
187+
188+CS/HB 7027 2022
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199-Circuits. 126
200- Section 9. Effective January 1, 2023, subsection (1) of 127
201-section 35.05, Florida Statutes, is amended to read: 128
202- 35.05 Headquarters. — 129
203- (1) The headquarters of the First Appellate District shall 130
204-be in the Second Judicial Circuit, Tallahassee, Leon County; of 131
205-the Second Appellate District in the Sixth Tenth Judicial 132
206-Circuit, Pinellas Lakeland, Polk County; of the Third Appellate 133
207-District in the Eleventh Judicial Circuit, Miami -Dade County; of 134
208-the Fourth Appellate District in the Fifteenth Judicial Circuit, 135
209-Palm Beach County; of and the Fifth Appellate District in the 136
210-Seventh Judicial Circuit, Daytona Beach, Volusia County ; and of 137
211-the Sixth Appellate District in the Tenth Judicial Circuit, 138
212-Lakeland, Polk County . Although each district must have a 139
213-headquarters as set forth in this subsection, the Legislature 140
214-intends for policies and practices to be implemented to 141
215-encourage top applic ants for judicial vacancies from throughout 142
216-each entire district and to provide opportunities for remote 143
217-workplaces for judges and staff who may not live near the 144
218-headquarters of the district. Further, it is the intent of the 145
219-Legislature to ensure that the district courts operate as 146
220-efficiently as possible through the use of leading technologies 147
221-and by adopting policies and practices that encourage innovation 148
222-and workforce flexibility. 149
223- Section 10. Effective January 1, 2023, section 35.06, 150
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199+District is composed of the Ninth Sixth, Tenth, Twelfth, 126
200+Thirteenth, and Twentieth Judicial Circuits. 127
201+ Section 8. Effective January 1, 2023, section 35.043, 128
202+Florida Statutes, is amended to read: 129
203+ 35.043 Fifth Appellate District. —The Fifth Appellate 130
204+District is composed of the Fourth, Fifth, Seventh, Ninth, and 131
205+Eighteenth Judicial Circuits. 132
206+ Section 9. Effective J anuary 1, 2023, section 35.044, 133
207+Florida Statutes, is created to read: 134
208+ 35.044 Sixth Appellate District. —The Sixth Appellate 135
209+District is composed of the Sixth, Twelfth, and Thirteenth 136
210+Judicial Circuits. 137
211+ Section 10. Effective January 1, 2023, subsection (1) of 138
212+section 35.05, Florida Statutes, is amended to read: 139
213+ 35.05 Headquarters. — 140
214+ (1) The headquarters of the First Appellate District shall 141
215+be in the Second Judicial Circuit, Tallahassee, Leon County; of 142
216+the Second Appellate District in the Tenth Judi cial Circuit, 143
217+Lakeland, Polk County; of the Third Appellate District in the 144
218+Eleventh Judicial Circuit, Miami -Dade County; of the Fourth 145
219+Appellate District in the Fifteenth Judicial Circuit, Palm Beach 146
220+County; of and the Fifth Appellate District in the Seve nth 147
221+Judicial Circuit, Daytona Beach, Volusia County ; and of the 148
222+Sixth Appellate District in the Sixth Judicial Circuit, Pinellas 149
223+County. 150
224+
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236-Florida Statutes, is amended to read: 151
237- 35.06 Organization of district courts of appeal. —A 152
238-district court of appeal shall be organized in each of the six 153
239-five appellate districts to be named District Court of Appeal, 154
240-.... District. The number of judges of each district court of 155
241-appeal shall be as follows: 156
242- (1) In the first district there shall be 13 15 judges. 157
243- (2) In the second district there shall be 15 16 judges. 158
244- (3) In the third district there shall be 10 judges. 159
245- (4) In the fourth district there shall be 12 jud ges. 160
246- (5) In the fifth district there shall be 12 11 judges. 161
247- (6) In the sixth district there shall be 9 judges. 162
248- Section 11. Effective January 1, 2023, paragraph (b) of 163
249-subsection (2) of section 440.45, Florida Statutes, is amended 164
250-to read: 165
251- 440.45 Office of the Judges of Compensation Claims. — 166
252- (2) 167
253- (b) Except as provided in paragraph (c), the Governor 168
254-shall appoint a judge of compensation claims from a list of 169
255-three persons nominated by a statewide nominating commission. 170
256-The statewide nominating co mmission shall be composed of the 171
257-following: 172
258- 1. Six Five members, at least one of whom must be a member 173
259-of a minority group as defined in s. 288.703, one of each who 174
260-resides in each of the territorial jurisdictions of the district 175
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236+ Section 11. Effective January 1, 2023, section 35.06, 151
237+Florida Statutes, is amended to read: 152
238+ 35.06 Organization of district courts of appeal. —A 153
239+district court of appeal shall be organized in each of the six 154
240+five appellate districts to be named District Court of Appeal, 155
241+.... District. The number of judges of each district court of 156
242+appeal shall be as follows: 157
243+ (1) In the first district there shall be 13 15 judges. 158
244+ (2) In the second district there shall be 9 16 judges. 159
245+ (3) In the third district there shall be 10 judges. 160
246+ (4) In the fourth district there shall be 12 judges. 161
247+ (5) In the fifth district there shall be 12 11 judges. 162
248+ (6) In the sixth district there shall be 15 judges. 163
249+ Section 12. Effective January 1, 2023, paragraph (b) of 164
250+subsection (2) of section 440.45, Florida Statutes, is amended 165
251+to read: 166
252+ 440.45 Office of the Judges of Compensation Claims. — 167
253+ (2) 168
254+ (b) Except as provided in paragraph (c), the Governor 169
255+shall appoint a judge of compensation claims from a list of 170
256+three persons nominated by a statewide nominating commission. 171
257+The statewide nominating commission shall be composed of the 172
258+following: 173
259+ 1. Six Five members, at least one of whom must be a member 174
260+of a minority group as defined in s. 288.703, one of each who 175
261+
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273-courts of appeal, appoi nted by the Board of Governors of The 176
274-Florida Bar from among The Florida Bar members who are engaged 177
275-in the practice of law. The Board of Governors shall appoint 178
276-members who reside in the odd -numbered district court of appeal 179
277-jurisdictions to 4-year terms each, beginning July 1, 1999, and 180
278-members who reside in the even -numbered district court of appeal 181
279-jurisdictions to 2-year terms each, beginning July 1, 1999. 182
280-Thereafter, Each member shall be appointed for a 4 -year term; 183
281- 2. Six Five electors, at least on e of whom must be a 184
282-member of a minority group as defined in s. 288.703, one of each 185
283-who resides in each of the territorial jurisdictions of the 186
284-district courts of appeal, appointed by the Governor. The 187
285-Governor shall appoint members who reside in the odd -numbered 188
286-district court of appeal jurisdictions to 2 -year terms each, 189
287-beginning July 1, 1999, and members who reside in the even -190
288-numbered district court of appeal jurisdictions to 4 -year terms 191
289-each, beginning July 1, 1999. Thereafter, Each member shall be 192
290-appointed for a 4-year term; and 193
291- 3. Six Five electors, at least one of whom must be a 194
292-member of a minority group as defined in s. 288.703, one of each 195
293-who resides in the territorial jurisdictions of the district 196
294-courts of appeal, selected and appointed b y a majority vote of 197
295-the other 10 members of the commission. A majority of the other 198
296-members of the commission shall appoint members who reside in 199
297-the odd-numbered district court of appeal jurisdictions to 2 -200
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273+resides in each of the territorial jurisdictions of the district 176
274+courts of appeal, appointed by the Board of Governors of The 177
275+Florida Bar from among The Florida Bar members who are engaged 178
276+in the practice of law. The Board of Governors shall appoint 179
277+members who reside in the odd -numbered district court of appeal 180
278+jurisdictions to 4-year terms each, beginning July 1, 1999, and 181
279+members who reside in the even-numbered district court of appeal 182
280+jurisdictions to 2-year terms each, beginning July 1, 1999. 183
281+Thereafter, Each member shall be appointed for a 4 -year term; 184
282+ 2. Six Five electors, at least one of whom must be a 185
283+member of a minority group as defined in s. 288.703, one of each 186
284+who resides in each of the territorial jurisdictions of the 187
285+district courts of appeal, appointed by the Governor. The 188
286+Governor shall appoint members who reside in the odd -numbered 189
287+district court of appeal jurisdictions to 2-year terms each, 190
288+beginning July 1, 1999, and members who reside in the even -191
289+numbered district court of appeal jurisdictions to 4 -year terms 192
290+each, beginning July 1, 1999. Thereafter, Each member shall be 193
291+appointed for a 4-year term; and 194
292+ 3. Six Five electors, at least one of whom must be a 195
293+member of a minority group as defined in s. 288.703, one of each 196
294+who resides in the territorial jurisdictions of the district 197
295+courts of appeal, selected and appointed by a majority vote of 198
296+the other 10 members of th e commission. A majority of the other 199
297+members of the commission shall appoint members who reside in 200
298+
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310-year terms each, beginning October 1, 1999, and members who 201
311-reside in the even-numbered district court of appeal 202
312-jurisdictions to 4-year terms each, beginning October 1, 1999. 203
313-Thereafter, Each member shall be appointed for a 4 -year term. 204
314- 205
315-A vacancy occurring on the commission shall be filled by the 206
316-original appointing authority for the unexpired balance of the 207
317-term. An No attorney who appears before any judge of 208
318-compensation claims more than four times a year is not eligible 209
319-to serve on the statewide nominating commission. The meetings 210
320-and determinations of the nominating commission as to the judges 211
321-of compensation claims shall be open to the public. 212
322- Section 12. Effective January 1, 2023, for the purpose of 213
323-incorporating the amendment made by this act to section 35.05, 214
324-Florida Statutes, in a reference thereto, subsection (1) of 215
325-section 29.008, Florida Statutes, is reenacted to read: 216
326- 29.008 County funding of court -related functions.— 217
327- (1) Counties are required by s. 14, Art. V of the State 218
328-Constitution to fund the cost of communications services, 219
329-existing radio systems, existing multiagency criminal justice 220
330-information systems, and the cost of construction or lease, 221
331-maintenance, utilities, and security of facilities for the 222
332-circuit and county courts, public defenders' offices, state 223
333-attorneys' offices, guardian ad litem offices, and the offices 224
334-of the clerks of the circuit and county courts performing court -225
335-ENROLLED
336-CS/HB 7027, Engrossed 1 2022 Legislature
310+the odd-numbered district court of appeal jurisdictions to 2 -201
311+year terms each, beginning October 1, 1999, and members who 202
312+reside in the even-numbered district court of appeal 203
313+jurisdictions to 4-year terms each, beginning October 1, 1999. 204
314+Thereafter, Each member shall be appointed for a 4 -year term. 205
315+ 206
316+A vacancy occurring on the commission shall be filled by the 207
317+original appointing authority for the unexpired bal ance of the 208
318+term. An No attorney who appears before any judge of 209
319+compensation claims more than four times a year is not eligible 210
320+to serve on the statewide nominating commission. The meetings 211
321+and determinations of the nominating commission as to the judges 212
322+of compensation claims shall be open to the public. 213
323+ Section 13. No judicial vacancy may be deemed to occur as 214
324+a result of the addition of a sixth appellate district or 215
325+district realignment under this act. Effective January 1, 2023, 216
326+a current district c ourt of appeal judge residing in a county, 217
327+the district of which is realigned under this act, shall be a 218
328+district court of appeal judge of the new district where he or 219
329+she resides. 220
330+ Section 14. Notwithstanding the amendments made to s. 221
331+35.05(1), Florida Statutes, by this act, until the Sixth 222
332+Appellate District occupies the courthouse authorized in proviso 223
333+accompanying Specific Appropriation 3147A of chapter law 2021 -224
334+36, Laws of Florida, the district headquarters may be located in 225
335+
336+CS/HB 7027 2022
337337
338338
339339
340340 CODING: Words stricken are deletions; words underlined are additions.
341-hb7027-03-er
342-Page 10 of 20
341+hb7027-01-c1
342+Page 10 of 10
343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
344344
345345
346346
347-related functions. For purposes of this section, the term 226
348-"circuit and county courts" includes the offices and staffing of 227
349-the guardian ad litem pr ograms, and the term "public defenders' 228
350-offices" includes the offices of criminal conflict and civil 229
351-regional counsel. The county designated under s. 35.05(1) as the 230
352-headquarters for each appellate district shall fund these costs 231
353-for the appellate division of the public defender's office in 232
354-that county. For purposes of implementing these requirements, 233
355-the term: 234
356- (a) "Facility" means reasonable and necessary buildings 235
357-and office space and appurtenant equipment and furnishings, 236
358-structures, real estate, easem ents, and related interests in 237
359-real estate, including, but not limited to, those for the 238
360-purpose of housing legal materials for use by the general public 239
361-and personnel, equipment, or functions of the circuit or county 240
362-courts, public defenders' offices, sta te attorneys' offices, and 241
363-court-related functions of the office of the clerks of the 242
364-circuit and county courts and all storage. The term "facility" 243
365-includes all wiring necessary for court reporting services. The 244
366-term also includes access to parking for su ch facilities in 245
367-connection with such court -related functions that may be 246
368-available free or from a private provider or a local government 247
369-for a fee. The office space provided by a county may not be less 248
370-than the standards for space allotment adopted by the Department 249
371-of Management Services, except this requirement applies only to 250
372-ENROLLED
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380-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
381-
382-
383-
384-facilities that are leased, or on which construction commences, 251
385-after June 30, 2003. County funding must include physical 252
386-modifications and improvements to all facilities as are re quired 253
387-for compliance with the Americans with Disabilities Act. Upon 254
388-mutual agreement of a county and the affected entity in this 255
389-paragraph, the office space provided by the county may vary from 256
390-the standards for space allotment adopted by the Department o f 257
391-Management Services. 258
392- 1. As of July 1, 2005, equipment and furnishings shall be 259
393-limited to that appropriate and customary for courtrooms, 260
394-hearing rooms, jury facilities, and other public areas in 261
395-courthouses and any other facility occupied by the courts , state 262
396-attorneys, public defenders, guardians ad litem, and criminal 263
397-conflict and civil regional counsel. Court reporting equipment 264
398-in these areas or facilities is not a responsibility of the 265
399-county. 266
400- 2. Equipment and furnishings under this paragraph in 267
401-existence and owned by counties on July 1, 2005, except for that 268
402-in the possession of the clerks, for areas other than 269
403-courtrooms, hearing rooms, jury facilities, and other public 270
404-areas in courthouses and any other facility occupied by the 271
405-courts, state attorneys, and public defenders, shall be 272
406-transferred to the state at no charge. This provision does not 273
407-apply to any communications services as defined in paragraph 274
408-(f). 275
409-ENROLLED
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411-
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413-
414-CODING: Words stricken are deletions; words underlined are additions.
415-hb7027-03-er
416-Page 12 of 20
417-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
418-
419-
420-
421- (b) "Construction or lease" includes, but is not limited 276
422-to, all reasonable and neces sary costs of the acquisition or 277
423-lease of facilities for all judicial officers, staff, jurors, 278
424-volunteers of a tenant agency, and the public for the circuit 279
425-and county courts, the public defenders' offices, state 280
426-attorneys' offices, and for performing the court-related 281
427-functions of the offices of the clerks of the circuit and county 282
428-courts. This includes expenses related to financing such 283
429-facilities and the existing and future cost and bonded 284
430-indebtedness associated with placing the facilities in use. 285
431- (c) "Maintenance" includes, but is not limited to, all 286
432-reasonable and necessary costs of custodial and groundskeeping 287
433-services and renovation and reconstruction as needed to 288
434-accommodate functions for the circuit and county courts, the 289
435-public defenders' office s, and state attorneys' offices and for 290
436-performing the court -related functions of the offices of the 291
437-clerks of the circuit and county court and for maintaining the 292
438-facilities in a condition appropriate and safe for the use 293
439-intended. 294
440- (d) "Utilities" means all electricity services for light, 295
441-heat, and power; natural or manufactured gas services for light, 296
442-heat, and power; water and wastewater services and systems, 297
443-stormwater or runoff services and systems, sewer services and 298
444-systems, all costs or fees assoc iated with these services and 299
445-systems, and any costs or fees associated with the mitigation of 300
446-ENROLLED
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449-
450-
451-CODING: Words stricken are deletions; words underlined are additions.
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454-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
455-
456-
457-
458-environmental impacts directly related to the facility. 301
459- (e) "Security" includes but is not limited to, all 302
460-reasonable and necessary costs of services of law en forcement 303
461-officers or licensed security guards and all electronic, 304
462-cellular, or digital monitoring and screening devices necessary 305
463-to ensure the safety and security of all persons visiting or 306
464-working in a facility; to provide for security of the facility, 307
465-including protection of property owned by the county or the 308
466-state; and for security of prisoners brought to any facility. 309
467-This includes bailiffs while providing courtroom and other 310
468-security for each judge and other quasi -judicial officers. 311
469- (f) "Communications services" are defined as any 312
470-reasonable and necessary transmission, emission, and reception 313
471-of signs, signals, writings, images, and sounds of intelligence 314
472-of any nature by wire, radio, optical, audio equipment, or other 315
473-electromagnetic systems and i ncludes all facilities and 316
474-equipment owned, leased, or used by judges, clerks, public 317
475-defenders, state attorneys, guardians ad litem, criminal 318
476-conflict and civil regional counsel, and all staff of the state 319
477-courts system, state attorneys' offices, public d efenders' 320
478-offices, and clerks of the circuit and county courts performing 321
479-court-related functions. Such system or services shall include, 322
480-but not be limited to: 323
481- 1. Telephone system infrastructure, including computer 324
482-lines, telephone switching equipment, and maintenance, and 325
483-ENROLLED
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485-
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487-
488-CODING: Words stricken are deletions; words underlined are additions.
489-hb7027-03-er
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491-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
492-
493-
494-
495-facsimile equipment, wireless communications, cellular 326
496-telephones, pagers, and video teleconferencing equipment and 327
497-line charges. Each county shall continue to provide access to a 328
498-local carrier for local and long distance service and s hall pay 329
499-toll charges for local and long distance service. 330
500- 2. All computer networks, systems and equipment, including 331
501-computer hardware and software, modems, printers, wiring, 332
502-network connections, maintenance, support staff or services 333
503-including any county-funded support staff located in the offices 334
504-of the circuit court, county courts, state attorneys, public 335
505-defenders, guardians ad litem, and criminal conflict and civil 336
506-regional counsel; training, supplies, and line charges necessary 337
507-for an integrated co mputer system to support the operations and 338
508-management of the state courts system, the offices of the public 339
509-defenders, the offices of the state attorneys, the guardian ad 340
510-litem offices, the offices of criminal conflict and civil 341
511-regional counsel, and the offices of the clerks of the circuit 342
512-and county courts; and the capability to connect those entities 343
513-and reporting data to the state as required for the transmission 344
514-of revenue, performance accountability, case management, data 345
515-collection, budgeting, and a uditing purposes. The integrated 346
516-computer system shall be operational by July 1, 2006, and, at a 347
517-minimum, permit the exchange of financial, performance 348
518-accountability, case management, case disposition, and other 349
519-data across multiple state and county infor mation systems 350
520-ENROLLED
521-CS/HB 7027, Engrossed 1 2022 Legislature
522-
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524-
525-CODING: Words stricken are deletions; words underlined are additions.
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528-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
529-
530-
531-
532-involving multiple users at both the state level and within each 351
533-judicial circuit and be able to electronically exchange judicial 352
534-case background data, sentencing scoresheets, and video evidence 353
535-information stored in integrated case manageme nt systems over 354
536-secure networks. Once the integrated system becomes operational, 355
537-counties may reject requests to purchase communications services 356
538-included in this subparagraph not in compliance with standards, 357
539-protocols, or processes adopted by the board e stablished 358
540-pursuant to former s. 29.0086. 359
541- 3. Courier messenger and subpoena services. 360
542- 4. Auxiliary aids and services for qualified individuals 361
543-with a disability which are necessary to ensure access to the 362
544-courts. Such auxiliary aids and services includ e, but are not 363
545-limited to, sign language interpretation services required under 364
546-the federal Americans with Disabilities Act other than services 365
547-required to satisfy due -process requirements and identified as a 366
548-state funding responsibility pursuant to ss. 29 .004, 29.005, 367
549-29.006, and 29.007, real -time transcription services for 368
550-individuals who are hearing impaired, and assistive listening 369
551-devices and the equipment necessary to implement such 370
552-accommodations. 371
553- (g) "Existing radio systems" includes, but is not l imited 372
554-to, law enforcement radio systems that are used by the circuit 373
555-and county courts, the offices of the public defenders, the 374
556-offices of the state attorneys, and for court -related functions 375
557-ENROLLED
558-CS/HB 7027, Engrossed 1 2022 Legislature
559-
560-
561-
562-CODING: Words stricken are deletions; words underlined are additions.
563-hb7027-03-er
564-Page 16 of 20
565-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566-
567-
568-
569-of the offices of the clerks of the circuit and county courts. 376
570-This includes radio systems that were operational or under 377
571-contract at the time Revision No. 7, 1998, to Art. V of the 378
572-State Constitution was adopted and any enhancements made 379
573-thereafter, the maintenance of those systems, and the personnel 380
574-and supplies necessary for operation. 381
575- (h) "Existing multiagency criminal justice information 382
576-systems" includes, but is not limited to, those components of 383
577-the multiagency criminal justice information system as defined 384
578-in s. 943.045, supporting the offices of the circui t or county 385
579-courts, the public defenders' offices, the state attorneys' 386
580-offices, or those portions of the offices of the clerks of the 387
581-circuit and county courts performing court -related functions 388
582-that are used to carry out the court -related activities of t hose 389
583-entities. This includes upgrades and maintenance of the current 390
584-equipment, maintenance and upgrades of supporting technology 391
585-infrastructure and associated staff, and services and expenses 392
586-to assure continued information sharing and reporting of 393
587-information to the state. The counties shall also provide 394
588-additional information technology services, hardware, and 395
589-software as needed for new judges and staff of the state courts 396
590-system, state attorneys' offices, public defenders' offices, 397
591-guardian ad litem off ices, and the offices of the clerks of the 398
592-circuit and county courts performing court -related functions. 399
593- Section 13. Effective January 1, 2023, for the purpose of 400
594-ENROLLED
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599-CODING: Words stricken are deletions; words underlined are additions.
600-hb7027-03-er
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602-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603-
604-
605-
606-incorporating the amendment made by this act to section 35.05, 401
607-Florida Statutes, in a ref erence thereto, subsection (1) of 402
608-section 35.051, Florida Statutes, is reenacted to read: 403
609- 35.051 Subsistence and travel reimbursement for judges 404
610-with alternate headquarters. — 405
611- (1)(a) A district court of appeal judge is eligible for 406
612-the designation of a county courthouse or another appropriate 407
613-facility in his or her county of residence as his or her 408
614-official headquarters for purposes of s. 112.061 if the judge 409
615-permanently resides more than 50 miles from: 410
616- 1. The appellate district's headquarters as prescribed 411
617-under s. 35.05(1), if the judge is assigned to such 412
618-headquarters; or 413
619- 2. The appellate district's branch headquarters 414
620-established under s. 35.05(2), if the judge is assigned to such 415
621-branch headquarters. 416
622- 417
623-The official headquarters may serve only as the judge's private 418
624-chambers. 419
625- (b)1. A district court of appeal judge for whom an 420
626-official headquarters is designated in his or her county of 421
627-residence under this subsection is eligible for subsistence at a 422
628-rate to be established by the Chief Justice for each day or 423
629-partial day that the judge is at the headquarters or branch 424
630-headquarters of his or her appellate district to conduct court 425
631-ENROLLED
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639-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640-
641-
642-
643-business, as authorized by the chief judge of that district 426
644-court of appeal. The Chief Justice may authorize a judge to 427
645-choose between subsistence based on lodging at a single -428
646-occupancy rate and meal reimbursement as provided in s. 112.061 429
647-and subsistence at a fixed rate prescribed by the Chief Justice. 430
648- 2. In addition to sub sistence, a district court of appeal 431
649-judge is eligible for reimbursement for travel expenses as 432
650-provided in s. 112.061(7) and (8) for travel between the judge's 433
651-official headquarters and the headquarters or branch 434
652-headquarters of the appellate district to conduct court 435
653-business. 436
654- (c) Payment of subsistence and reimbursement for travel 437
655-expenses between the judge's official headquarters and the 438
656-headquarters or branch headquarters of his or her appellate 439
657-district shall be made to the extent that appropriated funds are 440
658-available, as determined by the Chief Justice. 441
659- Section 14. All property, including equipment, 442
660-furnishings, artwork, and fixtures, located at the Lakeland 443
661-headquarters of the current Second District Court of Appeal or 444
662-being used by employees a ssigned to the Lakeland headquarters 445
663-must remain in Lakeland and must be transferred to the Sixth 446
664-District Court of Appeal unless the Office of the State Courts 447
665-Administrator determines that such property is critical to the 448
666-continuing operations of the Sec ond District Court of Appeal. 449
667- Section 15. No judicial vacancy may be deemed to occur as 450
668-ENROLLED
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676-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677-
678-
679-
680-a result of the addition of a sixth appellate district or 451
681-district realignment under this act. Effective January 1, 2023, 452
682-a current district court of appeal judge r esiding in a county, 453
683-the district of which is realigned under this act, shall be a 454
684-district court of appeal judge of the new district where he or 455
685-she resided on December 22, 2021. On January 1, 2023, the 456
686-Governor shall recommission any judge whose district was 457
687-modified by the realignment of districts pursuant to this act; 458
688-except that, the recommission of any judge whose district is 459
689-modified by the realignment of districts and is seeking 460
690-retention to office at the 2022 general election, and is 461
691-retained by the voters at such election, shall occur January 3, 462
692-2023. 463
693- Section 16. Notwithstanding the amendments made to s. 464
694-35.05(1), Florida Statutes, by this act, until the Second 465
695-Appellate District occupies the courthouse authorized in proviso 466
696-accompanying Specific Appropriation 3147A of chapter law 2021 -467
697-36, Laws of Florida, the district headquarters may be located in 468
698-the Thirteenth Judicial circuit, Hillsborough County. 469
699- Section 17. To ensure compliance with the residency 470
700-requirements that members of judicial nominating commissions 471
701-must meet at the time of their appointment, the terms of all 472
702-members of the judicial nominating commissions of the First 473
703-District Court of Appeal, the Second District Court of Appeal, 474
704-and the Fifth District Court of Appeal are hereby terminated. 475
705-ENROLLED
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713-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714-
715-
716-
717-The Governor shall make appointments to these three commissions 476
718-and to the new Sixth District Court of Appeal nominating 477
719-commissions in the following manner: 478
720- (1) Three appointments for terms ending July 1, 2023, one 479
721-of which shall be an appo intment selected from nominations 480
722-submitted by the Board of Governors of The Florida Bar pursuant 481
723-to s. 43.291(1)(a), Florida Statutes. 482
724- (2) Three appointments for terms ending July 1, 2024, one 483
725-of which shall be an appointment selected from nominations 484
726-submitted by the Board of Governors of The Florida Bar pursuant 485
727-to s. 43.291(1)(a), Florida Statutes. 486
728- (3) Three appointments for terms ending July 1, 2026, two 487
729-of which shall be an appointment selected from nominations 488
730-submitted by the Board of Governors of The Florida Bar pursuant 489
731-to s. 43.291(1)(a), Florida Statutes. 490
732- 491
733-Every subsequent appointment, except an appointment to fill a 492
734-vacant, unexpired term, shall be for four years. Current members 493
735-of the First, Second, and Fifth Judicial Nominating Commission s 494
736-may apply for appointment to the commission serving the 495
737-territorial jurisdiction where they reside. 496
738- Section 18. Except as otherwise expressly provided in this 497
739-act, this act shall take effect upon becoming a law. 498
347+the Thirteenth Judicial circuit, Hillsborough County. 226
348+ Section 15. To effectuate the changes in judicial 227
349+nominating commissions necessitated by the creation of the Sixth 228
350+District Court of Appeal and the realignment of the 229
351+jurisdictional boundaries of other district courts of a ppeal: 230
352+ (1) Each member of the first, second, and fifth district 231
353+court of appeal judicial nominating commissions on the date this 232
354+act becomes law shall continue to serve the same term of office, 233
355+but the member's seat is transferred to the nominating 234
356+commission for the district, as the district is composed 235
357+effective January 1, 2023, in which he or she resides. 236
358+ (2) Each expired term or vacancy on a commission shall be 237
359+filled by appointment in the same manner as the vacancy of the 238
360+member whose position is b eing filled. 239
361+ (3) Each applicable judicial nominating commission shall 240
362+complete the application, interview, and nomination process for 241
363+any new district court of appeal judgeships authorized in this 242
364+act and funded in the fiscal year 2022 -23 General Appropriations 243
365+Act by November 3, 2022, notwithstanding that the new judgeship 244
366+is not effective until January 1, 2023. 245
367+ Section 16. Except as otherwise expressly provided in this 246
368+act, this act shall take effect upon becoming a law. 247