This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0353d.JDC
DATE: 1/26/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 353 Alternative Headquarters for District Court Judges
SPONSOR(S): Maney
TIED BILLS: IDEN./SIM. BILLS: SB 570
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee 17 Y, 0 N Mathews Jones
2) Justice Appropriations Subcommittee 12 Y, 0 N Smith Keith
3) Judiciary Committee Mathews Kramer
SUMMARY ANALYSIS
Florida’s court system consists of two trial-level courts and two appellate-level courts. The trial-level courts
consist of 67 county courts and 20 circuit courts. The appellate-level courts consist of the Supreme Court and
six district courts of appeal (DCAs).
The DCAs decide most appeals from circuit court cases and many administrative law appeals from actions by
the executive branch. DCAs must also review county court decisions invalidating a provision of Florida’s
constitution or statutes, and may hear decisions of a county court that are certified by the county court to be of
great public importance.
Each DCA has one main headquarters located within its jurisdictional district. Additionally, s. 35.05(2), F.S.,
provides that a DCA may designate other locations within the district as branch headquarters. Under s. 35.051,
F.S., a DCA judge who lives more than 50 miles from his or her DCA courthouse or designated branch DCA
location is eligible to have an alternate headquarters within his or her county of residence and to be reimbursed
for trips between such alternate headquarters and the DCA location.
HB 353 amends s. 35.051, F.S., to authorize a DCA judge that would otherwise be eligible to establish an
alternate headquarters to choose to establish an alternate headquarters in a county adjacent to his or her
county of residence. Under the bill, reimbursement is limited to the lesser of:
The amount for travel between the judge’s alternate headquarters and the DCA, or
The amount that would be authorized for travel between an alternate headquarters in the judge’s
county of residence and the DCA.
The bill may have an insignificant, yet indeterminate fiscal impact to state expenditures due to the expanded
option for the location of an alternate headquarters.
The bill provides an effective date of July 1, 2024.
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DATE: 1/26/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Florida Court System Structure
Florida’s court system consists of two trial-level courts and two appellate-level courts. The trial-level
courts consist of 67 county courts and 20 circuit courts.
1
The appellate-level courts consist of the
Supreme Court and six district courts of appeal.
2
Each of Florida’s 67 counties has at least one county
court judge.
3
County courts hear violations of municipal and county ordinances, traffic offenses,
landlord-tenant disputes, misdemeanor criminal matters, simplified dissolution of marriage cases, and
monetary disputes involving an amount in controversy up to and including $50,000.
4
Circuit courts hear
all criminal and civil matters not within the jurisdiction of the county court, including family law,
dependency, juvenile delinquency, mental health, probate, guardianship matters, and civil matters
involving an amount in controversy exceeding $50,000.
5
The majority of trial court decisions that are appealed are reviewed by the district courts of appeal
(DCAs). The DCAs also review many administrative law appeals from actions by the executive branch.
DCAs must also review county court decisions invalidating a provision of Florida’s constitution or
statutes
6
and may hear decisions of a county court that are certified by the county court to be of great
public importance.
7
The Supreme Court is the highest court in Florida and has mandatory jurisdiction
over all death penalty cases, district court decisions declaring a state statute or provision of the state
constitution invalid, bond validations, rules of court procedure, and statewide agency actions relating to
public utilities.
8
The current appellate districts are organized as follows:
9
Appellate District Circuits Within the DCA
First DCA 1, 2, 3, 8, 14
Second DCA 6, 12, 13
Third DCA 11, 16
Fourth DCA 15, 17, 19
Fifth DCA 4, 5, 7, 18
Sixth DCA 9, 10, 20
1
Art. V, ss. 5 and 6, Fla. Const.
2
The Supreme Court of Florida, 2020-2021 Florida State Courts Annual Report, https://www.flcourts.gov/Publications-
Statistics/Publications/Annual-Reports/2020-21-Annual-Report (last visited Jan. 16, 2024); Office of the State Court Administrator,
District Courts of Appeal, https://www.flcourts.gov/Florida-Courts/District-Courts-of-Appeal (last visited Jan 16, 2024).
3
Art. V, s. 6(a), Fla. Const.
4
Art. V, s. 6(b), Fla. Const; s. 34.01, F.S.
5
Art. V, s. 5(b), Fla. Const.; s. 26.012, F.S.
6
S. 35.065, F.S.
7
Id.
8
Art. V, s. 3(b), Fla. Const.
9
Ss. 35.01-35.044, F.S. STORAGE NAME: h0353d.JDC PAGE: 3
DATE: 1/26/2024
10
Supreme Court Headquarters
The Florida Supreme Court is located in Tallahassee, Leon County, Florida.
11
Pursuant to s. 25.025,
F.S., a Supreme Court justice who permanently resides outside of Leon County is eligible for the
designation of his or her alternate headquarters, which may only serve as the justice’s private
chambers.
12
The justice may designate a DCA courthouse, a county courthouse, or another appropriate
facility in his or her district of residence as his or her alternate headquarters.
13
A justice who chooses to designate an alternate headquarters in his or her district of residence is
eligible for subsistence payment to be prescribed by the Chief Justice as well as reimbursement for
travel expenses between the justice’s alternate headquarters and the headquarters of the Supreme
Court.
14
DCA Headquarters
Section 35.05(1), F.S., designates the following official headquarters for the six DCAs:
15
First DCA: Second Judicial Circuit, Tallahassee, Leon County.
Second DCA: Sixth Judicial Circuit, Pinellas County.
Third DCA: Eleventh Judicial Circuit, Miami-Dade County.
Fourth DCA: Fifteenth Judicial Circuit, Palm Beach County.
Fifth DCA: Seventh Judicial Circuit, Daytona Beach, Volusia County.
Sixth DCA: Tenth Judicial Circuit, Lakeland, Polk County.
10
Fla. 4th DCA, District Court Boundary Changes Effective January 1, 2023 (Jan. 16, 2024), https://4dca.flcourts.gov/About-the-
Court/Court-News/District-Court-Boundary-Changes-Effective-January-1-2023 (last visited Jan. 16, 2024).
11
Art. II, s. 2, Fla. Const.
12
S. 25.025(1)(a), F.S.
13
Id.
14
S. 25.025(1)(b), F.S.
15
S. 35.05(1), F.S. Prior to the 2022 legislative session, Florida’s DCAs were divided into five appellate districts and employed 64
appellate judges throughout the state. In 2022, in response to a certification of need by the Florida Supreme Court to the Legislature,
the Florida Legislature passed HB 7027, which created a sixth DCA. STORAGE NAME: h0353d.JDC PAGE: 4
DATE: 1/26/2024
Additionally, s. 35.05(2), F.S., provides that a DCA may designate other locations within the
district as branch headquarters. Under s. 35.051, F.S., a DCA judge who lives more than 50 miles from
his or her DCA courthouse or designated branch DCA location is eligible to have an alternate
headquarters and to be reimbursed for trips between such alternate headquarters and the DCA location
in a manner similar to Supreme Court justices.
16
The alternate headquarters, which may serve only as judicial chambers and must be used for official
judicial business, may be in any appropriate facility, including a county courthouse.
17
However, no
county is required to provide space to a DCA judge for his or her alternate headquarters.
18
The DCA
may contract with a county regarding the use of courthouse space, but state funds may not be used to
lease the space.
19
Effect of Proposed Changes
HB 353 amends s. 35.051, F.S., to provide that a DCA judge has the additional option to designate an
alternate headquarters in a county adjacent to the judge’s county of residence within the district he or
she serves. As such, a DCA judge would have the ability to designate as an alternate headquarters a
county courthouse or other facility in his or her county of residence or within a county adjacent to his or
her county of residence, within the district he or she serves.
The bill amends provisions relating to reimbursement for travel expenses to include travel to an
alternate headquarters in a county adjacent to judge’s county of residence and within the district the
judge serves. The reimbursement for travel is limited to the lesser of:
The amount for travel between the judge’s alternate headquarters and the DCA headquarters or
designated branch headquarters; or
The amount that would otherwise be authorized for travel between an alternate headquarters
maintained in the judge’s county of residence and the DCA headquarters or designated branch
headquarters.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Amends s. 35.051(1), F.S., relating to subsistence and travel reimbursement for judges with
alternate headquarters.
Section 2: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
16
S. 35.051(1), F.S.
17
S. 35.051(1)(a), F.S.
18
S. 35.051(3)(a), F.S.
19
S. 35.051(3)(b), F.S. STORAGE NAME: h0353d.JDC PAGE: 5
DATE: 1/26/2024
2. Expenditures:
The bill may have an insignificant, yet indeterminate fiscal impact on state expenditures. Depending
on the location selected by the judge as his or her alternate headquarters, and the location of an
alternate headquarters he or she would have selected within his or her county of residence
pursuant to current law, travel costs and reimbursements may vary.
However, under the bill, travel reimbursements are limited to the lesser amount for travel between
an alternate headquarters and the DCA location, or the amount for travel if an alternate
headquarters had been designated in the judge’s county of residence. This may result in cost
savings if a shorter travel distance is achieved by designation of alternate headquarters in an
adjacent county.
20
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
20
Office of the State Courts Administrator, Agency Analysis of 2024 House Bill 353, p.2 (Dec. 13, 2023).