Florida Senate - 2022 SB 2522 By the Committee on Appropriations 576-02895-22 20222522__ Page 1 of 22 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to district courts of appeal; amending 2 s. 35.01, F.S.; revising the number of district courts 3 of appeal from five to six; amending s. 35.02, F.S.; 4 realigning the First Appellate District; amending s. 5 35.03, F.S.; realigning the Second Appellate District; 6 amending s. 35.043, F.S.; realigning the Fifth 7 Appellate District; creating s. 35.044, F.S.; creating 8 the Sixth Appellate District; amending s. 35.05, F.S.; 9 revising the headquarters of the Second Appellate 10 District; establishing the headquarters of the Sixth 11 Appellate District; providing legislative intent; 12 amending s. 35.06, F.S.; revising the number of judges 13 in the present appellate districts; providing the 14 number of judges for the Sixth Appellate District; 15 amending s. 27.51, F.S.; revising which offices of the 16 public defender handle appellate duties in an 17 appellate district; assigning the public defender of 18 the tenth judicial circuit to the Sixth Appellate 19 District; amending s. 27.511, F.S.; revising the 20 number of criminal conflict and civil regional counsel 21 offices to conform to changes made by the act; 22 amending s. 27.53, F.S.; revising the number of 23 criminal conflict and civil regional counsel offices 24 for appointments of assistants, staff, and method of 25 payment to conform to changes made by the act; 26 amending s. 29.001, F.S.; revising certain state 27 courts system

definitions to conform to changes made 28 by the act; amending s. 440.45, F.S.; revising the 29

Florida Senate - 2022 SB 2522 576-02895-22 20222522__ Page 2 of 22 CODING: Words stricken are deletions; words underlined are additions. number of electors for the statewide nominating 30 commission for the Office of the Judges of 31 Compensation Claims; deleting obsolete language; 32 reenacting s. 29.008(1), F.S., relating to county 33 funding of court-related functions, to incorporate the 34 amendment made to s. 35.05, Florida Statutes, in a 35 reference thereto; reenacting s. 35.051(1), F.S., 36 relating to subsistence and travel reimbursement for 37 judges with alternate headquarters, to incorporate the 38 amendment made to s. 35.05, Florida Statutes, in a 39 reference thereto; requiring all specified property 40 located in the Lakeland headquarters of the current 41 Second District Court of Appeal or in use by employees 42 assigned to such headquarters to be transferred to the 43 Sixth District Court of Appeal unless a certain 44 finding is made by the Office of the State Courts 45 Administrator; authorizing the Chief Justice to 46 authorize a specified pilot program under which judges 47 in specified districts may implement innovative 48 practices, incorporate leading technologies, and 49 provide for remote court proceedings, subject to a 50 specified condition; providing for expiration of the 51 pilot program; requiring the Supreme Court to provide 52 a certain report to the Governor and the Legislature; 53 providing for a transitional period; providing 54 legislative intent; providing the manner in which 55 judicial vacancies in each district court of appeal 56 must be filled; providing a priority for how such 57 vacancies must be filled; requiring the Supreme Court 58

Florida Senate - 2022 SB 2522 576-02895-22 20222522__ Page 3 of 22 CODING: Words stricken are deletions; words underlined are additions. to allocate judges during a specified timeframe for at 59 least a specified term; requiring the Governor to 60 appoint judges to fill any remaining vacancies; 61 authorizing certain judges who wish to serve 62 permanently in the new district to serve a specified 63 notice within a specified timeframe upon the State 64 Courts Administrator; providing that such judges are 65 subject to assignment; requiring the Supreme Court, 66 within a specified timeframe, to provide a certain 67 list to the Governor; requiring the Governor to 68 request that the applicable judicial nominating 69 commissions convene for a specified purpose; requiring 70 that individuals filling such vacancies be appo inted 71 subject to a specified provision of the State 72 Constitution; requiring the Governor to recommission 73 any judge whose district was modified by the 74 realignment of districts pursuant to the act by a 75 specified date; providing effective dates. 76 77 Be It Enacted by the Legislature of the State of Florida: 78 79

Section 1. Effective January 1, 2023,

section 35.01, 80 Florida Statutes, is amended to read: 81 35.01 District courts of appeal; districts.—Six Five 82 district courts of appeal are created, and the state is divided 83 into six five appellate districts of contiguous circuits. 84

Section 2. Effective January 1, 2023,

section 35.02, 85 Florida Statutes, is amended to read: 86 35.02 First Appellate District.—The First Appellate 87

Florida Senate - 2022 SB 2522 576-02895-22 20222522__ Page 4 of 22 CODING: Words stricken are deletions; words underlined are additions. District is composed of the First, Second, Third, Fourth, 88 Eighth, and Fourteenth Judicial Circuits. 89

Section 3. Effective January 1, 2023,

section 35.03, 90 Florida Statutes, is amended to read: 91 35.03 Second Appellate District.—The Second Appellate 92 District is composed of the Sixth, Tenth, Twelfth, and 93 Thirteenth, and Twentieth Judicial Circuits. 94

Section 4. Effective January 1, 2023,

section 35.043, 95 Florida Statutes, is amended to read: 96 35.043 Fifth Appellate District.—The Fifth Appellate 97 District is composed of the Fourth, Fifth, Seventh, Ninth, and 98 Eighteenth Judicial Circuits. 99

Section 5. Effective January 1, 2023,

section 35.044, 100 Florida Statutes, is created to read: 101 35.044 Sixth Appellate District.—The Sixth Appellate 102 District is composed of the Ninth, Tenth, and Twentieth Judicial 103 Circuits. 104

Section 6. Effective January 1, 2023, subsection (1) of 105

section 35.05, Florida Statutes, is amended to read: 106 35.05 Headquarters.— 107

(1) The headquarters of the First Appellate District shall 108 be in the Second Judicial Circuit, Tallahassee, Leon County; of 109 the Second Appellate District in the Sixth Tenth Judicial 110 Circuit, Pinellas Lakeland, Polk County; of the Third Appellate 111 District in the Eleventh Judicial Circuit, Miami -Dade County; of 112 the Fourth Appellate District in the Fifteenth Judicial Circuit, 113 Palm Beach County; of and the Fifth Appellate District in the 114 Seventh Judicial Circuit, Daytona Beach, Volusia County ; and of 115 the Sixth Appellate District in the Tenth Judicial Circuit, 116

Florida Senate - 2022 SB 2522 576-02895-22 20222522__ Page 5 of 22 CODING: Words stricken are deletions; words underlined are additions. Lakeland, Polk County. Although each district must have a 117 headquarters as set forth in this subsection, the Legislature 118 intends for policies and practices to be implemented to 119 encourage top applicants for judicial vacancies from throughout 120 each entire district and to provide opportunities for remote 121 workplaces for judges and staff who may not live near the 122 headquarters of the district.

Further, it is the intent of the 123 Legislature to ensure that the district courts operate as 124 efficiently as possible through the use of leading technologies 125 and by adopting policies and practices that enc ourage innovation 126 and workforce flexibility. 127

Section 7. Effective January 1, 2023,

section 35.06, 128 Florida Statutes, is amended to read: 129 35.06 Organization of district courts of appeal.—A district 130 court of appeal shall be organized in each of the six five 131 appellate districts to be named District Court of Appeal, .... 132 District. The number of judges of each district court of appeal 133 shall be as follows: 134

(1) In the first district there shall be 13 15 judges. 135

(2) In the second district there shall be 12 16 judges. 136

(3) In the third district there shall be 10 judges. 137

(4) In the fourth district there shall be 12 judges. 138

(5) In the fifth district there shall be 12 11 judges. 139

(6) In the sixth district there shall be 12 judges. 140

Section 8. Effective January 1, 2023, subsection (4) of 141

section 27.51, Florida Statutes, is amended to read: 142 27.51 Duties of public defender.— 143

(4) The public defender for the judicial circuit specified 144 in this subsection shall, after the record on appeal is 145

Florida Senate - 2022 SB 2522 576-02895-22 20222522__ Page 6 of 22 CODING: Words stricken are deletions; words underlined are additions. transmitted to the appellate court by the office of the public 146 defender which handled the trial and if requested by any public 147 defender within the indicated appellate district, handle all 148 circuit court and county court appeals within the state courts 149 system and any authorized appeals to the federal courts required 150 of the official making such request: 151 (

a) Public defender of the second judicial circuit, on 152 behalf of any public defender within the district comprising the 153 First District Court of Appeal. 154 (

b) Public defender of the sixth tenth judicial circuit, on 155 behalf of any public defender within the district comprising the 156 Second District Court of Appeal. 157 (

c) Public defender of the eleventh judicial circuit, on 158 behalf of any public defender within the district comprising the 159 Third District Court of Appeal. 160 (

d) Public defender of the fifteenth judicial circuit, on 161 behalf of any public defender within the district comprising the 162 Fourth District Court of Appeal. 163 (

e) Public defender of the seventh judicial circuit, on 164 behalf of any public defender within the district comprising the 165 Fifth District Court of Appeal. 166 (

f) Public defender of the tenth judicial circuit, on 167 behalf of any public defender within the district comprising the 168 Sixth District Court of Appeal. 169

Section 9. Effective January 1, 2023, subsection (1) and 170 paragraph (

a) of subsection (3) of

section 27.511, Florida 171 Statutes, are amended to read: 172 27.511 Offices of criminal conflict and civil regional 173 counsel; legislative intent; qualifications; appointment; 174

Florida Senate - 2022 SB 2522 576-02895-22 20222522__ Page 7 of 22 CODING: Words stricken are deletions; words underlined are additions. duties.— 175

(1) It is the intent of the Legislature to provide adequate 176 representation to persons entitled to court-appointed counsel 177 under the Federal or State Constitution or as authorized by 178 general law. It is the further intent of the Legislature to 179 provide adequate representation in a fiscally sound manner, 180 while safeguarding constitutional principles. Therefore, an 181 office of criminal conflict and civil regional counsel is 182 created within the geographic boundaries of each of the six five 183 district courts of appeal. The regional counsel s hall be 184 appointed as set forth in subsection (3) for each of the six 185 five regional offices. 186 (3)(

a) Each regional counsel must be, and must have been 187 for the preceding 5 years, a member in good standing of The 188 Florida Bar. Each regional counsel shall be app ointed by the 189 Governor and is subject to confirmation by the Senate. The 190 Supreme Court Judicial Nominating Commission, in addition to the 191 current regional counsel, shall recommend to the Governor not 192 fewer than two or more than six five additional qualified 193 candidates for appointment to each of the six five regional 194 counsel positions.

The Governor shall appoint the regional 195 counsel for the six five regions from among the recommendations, 196 or, if it is in the best interest of the fair administration of 197 justice, the Governor may reject the nominations and request 198 that the Supreme Court Judicial Nominating Commission submit 199 three new nominees. The regional counsel shall be appointed to a 200 term of 4 years, the term beginning on October 1, 2015. 201 Vacancies shall be filled in the manner provided in paragraph 202 (b). 203

Florida Senate - 2022 SB 2522 576-02895-22 20222522__ Page 8 of 22 CODING: Words stricken are deletions; words underlined are additions.

Section 10. Effective January 1, 2023, subsection (4) of 204

section 27.53, Florida Statutes, is amended to read: 205 27.53 Appointment of assistants and other staff; method of 206 payment.— 207

(4) The six five criminal conflict and civil regional 208 counsel may employ and establish, in the numbers authorized by 209 the General Appropriations Act, assistant regional counsel and 210 other staff and personnel in each judicial district pursuant to 211 s. 29.006, who shall be paid from funds appropriated for that 212 purpose.

Notwithstanding s. 790.01, s. 790.02, or s. 213 790.25(2)(a), an investigator employed by an office of criminal 214 conflict and civil regional counsel, while actually carrying out 215 official duties, is authorized to carry concealed w eapons if the 216 investigator complies with s. 790.25(3)(o). However, such 217 investigators are not eligible for membership in the Special 218 Risk Class of the Florida Retirement System. The six five 219 regional counsel shall jointly develop recommended modifications 220 to the classification plan and the salary and benefits plan for 221 the Justice Administrative Commission.

The recommendations shall 222 be submitted to the commission, the office of the President of 223 the Senate, and the office of the Speaker of the House of 224 Representatives before January 1 of each year. Such 225 recommendations shall be developed in accordance with policies 226 and procedures of the Executive Office of the Governor 227 established in s. 216.181. Each assistant regional counsel 228 appointed by the regional counsel under this

section shall serve 229 at the pleasure of the regional counsel. Each investigator 230 employed by the regional counsel shall have full authority to 231 serve any witness subpoena or court order issued by any court or 232

Florida Senate - 2022 SB 2522 576-02895-22 20222522__ Page 9 of 22 CODING: Words stricken are deletions; words underlined are additions. judge in a criminal case in which the regional counsel has been 233 appointed to represent the accused. 234

Section 11. Effective January 1, 2023, subsection (1) of 235

section 29.001, Florida Statutes, is amended to read: 236 29.001 State courts system elements and

definitions.— 237

(1) For the purpose of implementing s. 14, Art. V of the 238 State Constitution, the state courts system is defined to 239 include the enumerated elements of the Supreme Court, district 240 courts of appeal, circuit courts, county courts, and certain 241 supports thereto. The offices of public defenders and state 242 attorneys are defined to include the enumerated elements of the 243 20 state attorneys’ offices and the enumerated elements of the 244 20 public defenders’ offices and six five offices of criminal 245 conflict and civil regional counsel.

Court-appointed counsel are 246 defined to include the enumerated elements for counsel appointed 247 to ensure due process in criminal and civil proceedings in 248 accordance with state and federal constitutional guarantees. 249 Funding for the state courts system, the state attorneys’ 250 offices, the public defenders’ offices, the offices of criminal 251 conflict and civil regional counsel, and other court -appointed 252 counsel shall be provided from state revenues appropriated by 253 general law. 254

Section 12. Effective January 1, 2023, paragraph (

b) of 255 subsection (2) of

section 440.45, Florida Statutes, is amended 256 to read: 257 440.45 Office of the Judges of Compensation Claims.— 258 (2) 259 (

b) Except as provided in paragraph (c), the Governor shall 260 appoint a judge of compensation claims from a list of three 261

Florida Senate - 2022 SB 2522 576-02895-22 20222522__ Page 10 of 22 CODING: Words stricken are deletions; words underlined are additions. persons nominated by a statewide nominating commission. The 262 statewide nominating commission shall be composed of the 263 following: 264 1.

Six Five members, at least one of whom must be a member 265 of a minority group as defined in s. 288.703, one of each who 266 resides in each of the territorial jurisdictions of the district 267 courts of appeal, appointed by the Board of Governors of The 268 Florida Bar from among The Florida Bar members who are engaged 269 in the practice of law.

The Board of Governors shall appoint 270 members who reside in the odd-numbered district court of appeal 271 jurisdictions to 4-year terms each, beginning July 1, 1999, and 272 members who reside in the even-numbered district court of appeal 273 jurisdictions to 2-year terms each, beginning July 1, 1999. 274 Thereafter, Each member shall be appointed for a 4-year term; 275 2. Six Five electors, at least one of whom must be a member 276 of a minority group as defined in s. 288.703, one of each who 277 resides in each of the territorial jurisdictions of the district 278 courts of appeal, appointed by the Governor.

The Governor shall 279 appoint members who reside in the odd-numbered district court of 280 appeal jurisdictions to 2-year terms each, beginning July 1, 281 1999, and members who reside in the even-numbered district court 282 of appeal jurisdictions to 4-year terms each, beginning July 1, 283 1999. Thereafter, Each member shall be appointed for a 4-year 284 term; and 285 3.

Six Five electors, at least one of whom must be a member 286 of a minority group as defined in s. 288.703, one of each who 287 resides in the territorial jurisdictions of the district courts 288 of appeal, selected and appointed by a majority vote of the 289 other 10 members of the commission. A majority of the other 290

Florida Senate - 2022 SB 2522 576-02895-22 20222522__ Page 11 of 22 CODING: Words stricken are deletions; words underlined are additions. members of the commission shall appoint members who reside in 291 the odd-numbered district court of appeal jurisdictions to 2-292 year terms each, beginning October 1, 1999, and members who 293 reside in the even-numbered district court of appeal 294 jurisdictions to 4-year terms each, beginning October 1, 1999. 295 Thereafter, Each member shall be appointed for a 4-year term. 296 297 A vacancy occurring on the commission shall be filled by the 298 original appointing authority for the unexpired balance of the 299 term.

An No attorney who appears before any judge of 300 compensation claims more than four times a year is not eligible 301 to serve on the statewide nominating commission. The meetings 302 and determinations of the nominating commission as to the judges 303 of compensation claims shall be open to the public. 304

Section 13. Effective January 1, 2023, for the purpose of 305 incorporating the amendment made by this act to

section 35.05, 306 Florida Statutes, in a reference thereto, subsection (1) of 307

section 29.008, Florida Statutes, is reenacted to read: 308 29.008 County funding of court-related functions.— 309

(1) Counties are required by s. 14, Art. V of the State 310 Constitution to fund the cost of communications services, 311 existing radio systems, existing multiagency criminal justice 312 information systems, and the cost of construction or lease, 313 maintenance, utilities, and security of facilities for the 314 circuit and county courts, public defenders’ offices, state 315 attorneys’ offices, guardian ad litem offices, and the offices 316 of the clerks of the circuit and county courts performing court -317 related functions. For purposes of this section, the term 318 “circuit and county courts” includes the offices and staffing of 319

Florida Senate - 2022 SB 2522 576-02895-22 20222522__ Page 12 of 22 CODING: Words stricken are deletions; words underlined are additions. the guardian ad litem programs, and the term “public defenders’ 320 offices” includes the offices of criminal conflict and civil 321 regional counsel. The county designated under s. 35.05(1) as the 322 headquarters for each appellate district shall fund these costs 323 for the appellate division of the public defender’s office in 324 that county.

For purposes of implementing these requirements, 325 the term: 326 (a) “Facility” means reasonable and necessary buildings and 327 office space and appurtenant equipment and furnishings, 328 structures, real estate, easements, and related interests in 329 real estate, including, but not limited to, those for the 330 purpose of housing legal materials for use by the general public 331 and personnel, equipment, or functions of the circuit or county 332 courts, public defenders’ offices, state attorneys’ offices, and 333 court-related functions of the office of the clerks of the 334 circuit and county courts and all storage.

The term “facility” 335 includes all wiring necessary for court reporting services. The 336 term also includes access to parking for such facilities in 337 connection with such court-related functions that may be 338 available free or from a private provider or a local government 339 for a fee. The office space provided by a county may not be less 340 than the standards for space allotment adopted by the Department 341 of Management Services, except this requirement applies only to 342 facilities that are leased, or on which construction commences, 343 after June 30, 2003.

County funding must includ e physical 344 modifications and improvements to all facilities as are required 345 for compliance with the Americans with Disabilities Act. Upon 346 mutual agreement of a county and the affected entity in this 347 paragraph, the office space provided by the county may va ry from 348

Florida Senate - 2022 SB 2522 576-02895-22 20222522__ Page 13 of 22 CODING: Words stricken are deletions; words underlined are additions. the standards for space allotment adopted by the Department of 349 Management Services. 350 1. As of July 1, 2005, equipment and furnishings shall be 351 limited to that appropriate and customary for courtrooms, 352 hearing rooms, jury facilities, and other public areas in 353 courthouses and any other facility occupied by the courts, state 354 attorneys, public defenders, guardians ad litem, and criminal 355 conflict and civil regional counsel.

Court reporting equipment 356 in these areas or facilities is not a responsibility of the 357 county. 358 2. Equipment and furnishings under this paragraph in 359 existence and owned by counties on July 1, 2005, except for that 360 in the possession of the clerks, for areas other than 361 courtrooms, hearing rooms, jury facilities, and other public 362 areas in courthouses and any other facility occupied by the 363 courts, state attorneys, and public defenders, shall be 364 transferred to the state at no charge.

This provision does not 365 apply to any communications services as defined in paragraph 366 (f). 367 (b) “Construction or lease” includes, but is not limited 368 to, all reasonable and necessary costs of the acquisition or 369 lease of facilities for all judicial officers, staff, jurors, 370 volunteers of a tenant agency, and the public for the circuit 371 and county courts, the public defenders’ offices, state 372 attorneys’ offices, and for performing the court -related 373 functions of the offices of the clerks of the circuit and county 374 courts.

This includes expenses related to financing such 375 facilities and the existing and future cost and bonded 376 indebtedness associated with placing the facilities in use. 377

Florida Senate - 2022 SB 2522 576-02895-22 20222522__ Page 14 of 22 CODING: Words stricken are deletions; words underlined are additions. (c) “Maintenance” includes, but is not limited to, all 378 reasonable and necessary costs of custodial and groundskeeping 379 services and renovation and reconstruction as needed to 380 accommodate functions for the circuit and county courts, the 381 public defenders’ offices, and state attorneys’ offices and for 382 performing the court-related functions of the offices of the 383 clerks of the circuit and county court and for maintaining the 384 facilities in a condition appropriate and safe for the use 385 intended. 386 (d) “Utilities” means all electricity services for light, 387 heat, and power; natural or manufactured gas services for light, 388 heat, and power; water and wastewater services and systems, 389 stormwater or runoff services and systems, sewer services and 390 systems, all costs or fees associated with these services and 391 systems, and any costs or fees associated with the mitigation of 392 environmental impacts directly related to the facility. 393 (e) “Security” includes but is not limited to, all 394 reasonable and necessary costs of services of law enforcement 395 officers or licensed security guards and all electronic, 396 cellular, or digital monitoring and screening devices necessary 397 to ensure the safety and security of all persons visiting or 398 working in a facility; to provide for security of the facility, 399 including protection of property owned by the county or the 400 state; and for security of prisoners brought to any facility. 401 This includes bailiffs while providing courtroom and other 402 security for each judge and other quasi-judicial officers. 403 (f) “Communications services” are defined as any reasonable 404 and necessary transmission, emission, and reception of signs, 405 signals, writings, images, and sounds of intelligence of any 406

Florida Senate - 2022 SB 2522 576-02895-22 20222522__ Page 15 of 22 CODING: Words stricken are deletions; words underlined are additions. nature by wire, radio, optical, audio equipment, or other 407 electromagnetic systems and includes all facilities and 408 equipment owned, leased, or used by judges, clerks, public 409 defenders, state attorneys, guardians ad litem, criminal 410 conflict and civil regional counsel, and all staff of the state 411 courts system, state attorneys’ offices, public defenders’ 412 offices, and clerks of the circuit and county courts performing 413 court-related functions.

Such system or services shall include, 414 but not be limited to: 415 1. Telephone system infrastructure, including computer 416 lines, telephone switching equipment, and maintenance, and 417 facsimile equipment, wireless communications, cellular 418 telephones, pagers, and video teleconferencing equipment and 419 line charges. Each county shall continue to provide access to a 420 local carrier for local and long distance service and shall pay 421 toll charges for local and long distance service. 422 2.

All computer networks, systems and equipment, including 423 computer hardware and software, modems, printers, wiring, 424 network connections, maintenance, support staff or services 425 including any county-funded support staff located in the offices 426 of the circuit court, county courts, state attorneys, public 427 defenders, guardians ad litem, and criminal conflict and civil 428 regional counsel; training, supplies, and line charges necessary 429 for an integrated computer system to support the operations and 430 management of the state courts system, the offices of the public 431 defenders, the offices of the state attorneys, the guardian ad 432 litem offices, the offices of criminal conflict and civil 433 regional counsel, and the offices of the clerks of the circuit 434 and county courts; and the capability to connect those entities 435

Florida Senate - 2022 SB 2522 576-02895-22 20222522__ Page 16 of 22 CODING: Words stricken are deletions; words underlined are additions. and reporting data to the state as required for the transmission 436 of revenue, performance accountability, case management, data 437 collection, budgeting, and auditing purposes.

The integrated 438 computer system shall be operational by July 1, 2006, and, at a 439 minimum, permit the exchange of financial, performance 440 accountability, case management, case disposition, an d other 441 data across multiple state and county information systems 442 involving multiple users at both the state level and within each 443 judicial circuit and be able to electronically exchange judicial 444 case background data, sentencing scoresheets, and video evid ence 445 information stored in integrated case management systems over 446 secure networks.

Once the integrated system becomes operational, 447 counties may reject requests to purchase communications services 448 included in this subparagraph not in compliance with standa rds, 449 protocols, or processes adopted by the board established 450 pursuant to former s. 29.0086. 451 3. Courier messenger and subpoena services. 452 4. Auxiliary aids and services for qualified individuals 453 with a disability which are necessary to ensure access to the 454 courts. Such auxiliary aids and services include, but are not 455 limited to, sign language

interpretation services required under 456 the federal Americans with Disabilities Act other than services 457 required to satisfy due-process requirements and identified as a 458 state funding responsibility pursuant to ss. 29.004, 29.005, 459 29.006, and 29.007, real-time transcription services for 460 individuals who are hearing impaired, and assistive listening 461 devices and the equipment necessary to implement such 462 accommodations. 463 (g) “Existing radio systems” includes, but is not limited 464

Florida Senate - 2022 SB 2522 576-02895-22 20222522__ Page 17 of 22 CODING: Words stricken are deletions; words underlined are additions. to, law enforcement radio systems that are used by the circuit 465 and county courts, the offices of the public defenders, the 466 offices of the state attorneys, and for court-related functions 467 of the offices of the clerks of the circuit and county courts. 468 This includes radio systems that were operational or under 469 contract at the time Revision No. 7, 1998, to Art.

V of the 470 State Constitution was adopted and any enhancements made 471 thereafter, the maintenance of those systems, and the personnel 472 and supplies necessary for operation. 473 (h) “Existing multiagency criminal justice information 474 systems” includes, but is not limited to, those components of 475 the multiagency criminal justice information system as defined 476 in s. 943.045, supporting the offices of the circuit or county 477 courts, the public defenders’ offices, the state attorneys’ 478 offices, or those portions of the offices of the clerks of the 479 circuit and county courts performing court-related functions 480 that are used to carry out the court-related activities of those 481 entities.

This includes upgrades and maintenance of the current 482 equipment, maintenance and upgrades of supporting technology 483 infrastructure and associated staff, and services and expenses 484 to assure continued information sharing and reporting of 485 information to the state.

The counties shall also provide 486 additional information technology services, hardware, and 487 software as needed for new judges and staff of the state courts 488 system, state attorneys’ offices, public defenders’ offices, 489 guardian ad litem offices, and the offices of the clerks of the 490 circuit and county courts performing court-related functions. 491

Section 14. Effective January 1, 2023, for the purpose of 492 incorporating the amendment made by this act to

section 35.05, 493

Florida Senate - 2022 SB 2522 576-02895-22 20222522__ Page 18 of 22 CODING: Words stricken are deletions; words underlined are additions. Florida Statutes, in a reference thereto, subsection (1) of 494

section 35.051, Florida Statutes, is reenacted to read: 495 35.051 Subsistence and travel reimbursement for judges with 496 alternate headquarters.— 497 (1)(

a) A district court of appeal judge is eligible for the 498 designation of a county courthouse or another appropriate 499 facility in his or her county of residence as his or her 500 official headquarters for purposes of s. 112.061 if the judge 501 permanently resides more than 50 miles from: 502 1. The appellate district’s headquarters as prescribed 503 under s. 35.05(1), if the judge is assigned to such 504 headquarters; or 505 2.

The appellate district’s branch headquarters established 506 under s. 35.05(2), if the judge is assigned to such branch 507 headquarters. 508 509 The official headquarters may serve only as the judge’s private 510 chambers. 511 (b)1.

A district court of appeal judge for whom an official 512 headquarters is designated in his or her county of residence 513 under this subsection is eligible for subsistence at a rate to 514 be established by the Chief Justice for each day or partial day 515 that the judge is at the headquarters or branch headquarters of 516 his or her appellate district to conduct court business, as 517 authorized by the chief judge of that district court of appeal. 518 The Chief Justice may authorize a judge to choose between 519 subsistence based on lodging at a single-occupancy rate and meal 520 reimbursement as provided in s. 112.061 and subsistence at a 521 fixed rate prescribed by the Chief Justice. 522

Florida Senate - 2022 SB 2522 576-02895-22 20222522__ Page 19 of 22 CODING: Words stricken are deletions; words underlined are additions. 2. In addition to subsistence, a district court of appeal 523 judge is eligible for reimbursement for travel expenses as 524 provided in s. 112.061(7) and (8) for travel between the judge’s 525 official headquarters and the headquarters or branch 526 headquarters of the appellate district to conduct court 527 business. 528 (

c) Payment of subsistence and reimbursement for travel 529 expenses between the judge’s official headquarters and the 530 headquarters or branch headquarters of his or her appellate 531 district shall be made to the extent that appropriated funds are 532 available, as determined by the Chief Justice. 533

Section 15. All property, including equipment, furnishings, 534 and fixtures, located at the Lakeland headquarters of the 535 current Second District Court of Appeal or being used by 536 employees assigned to the Lakeland headquarters must remain in 537 Lakeland and must be transferred to the Sixth District Court of 538 Appeal unless the Office of the State Courts Administrator 539 determines that such property is critical to the continuing 540 operations of the Second District Court of Appeal. 541

Section 16. Notwithstanding any provision to the contrary 542 in

chapter 35, Florida Statutes, the Chief Justice of the 543 Supreme Court may authorize a pilot program under which the 544 Fifth and Sixth District Courts of Appeal are authorized to 545 implement innovative practices, incorporate leading 546 technologies, and provide for remote court proceedings from 547 their alternate headquarters, as authorized in s. 35.051, 548 Florida Statutes, provided that both the constitutional rights 549 of crime victims and criminal defendants and the public’s 550 constitutional right of access to the courts are maintained. The 551

Florida Senate - 2022 SB 2522 576-02895-22 20222522__ Page 20 of 22 CODING: Words stricken are deletions; words underlined are additions. pilot program expires June 30, 2025, unless otherwise provided 552 by law. The Supreme Court shall provide a report to the 553 Governor, the President of the Senate, and the Speaker of t he 554 House of Representatives which includes recommendations for 555 incorporating such practices and technology in each district. 556

Section 17. Judicial appointments and commissions.— 557

(1) In order to effectuate a transition that provides for 558 uniform representation based upon the expected caseloads for 559 each district, while recognizing that the current judges’ 560 residences will not necessarily correlate with the new 561 district’s geographical boundaries, a period of transition must 562 be recognized. During the period from the effective date of this 563 act until December 31, 2027, it is the intent of the 564 Legislature, for purposes of the residency requirements of s. 8, 565

Article V of the State Constitution and s. 35.06, Florida 566 Statutes, that the territorial jurisdiction of each district 567 court which has been realigned shall include any contiguous 568 district court which was also realigned. The number of judges 569 authorized in s. 35.06, Florida Statutes, for each district 570 court of appeal must be filled in the following manner: 571 (

a) Vacancies created by this realignment must first be 572 filled by those judges presently residing in the new district 573 whose residency has not changed since their original 574 appointment. 575 (

b) If there is an insufficient number of judges pursuant 576 to paragraph (a), vacancies created by the realignment must be 577 filled by those judges who resided in the new district at the 578 time of their original appointment but who have subsequently 579 changed their residence and currently reside in a district with 580

Florida Senate - 2022 SB 2522 576-02895-22 20222522__ Page 21 of 22 CODING: Words stricken are deletions; words underlined are additions. excess judges residing therein. 581 (

c) If there is an insufficient number of judges pursuant 582 to paragraphs (

a) and (b), the Supreme Court must annually 583 assign the requisite number of judges from a contiguous district 584 with an excess number of judges to a contiguous district with an 585 insufficient number of judges during the transition period. 586 Assignments from such contiguous district with excess judges 587 residing therein must be for at least a 1-year term during the 588 transition period, but assignments will terminate and judges 589 will be reassigned as vacancies occur in the district in which 590 the judge resides. 591 (

d) After all judges residing in contiguous districts with 592 excess judges have been allocated, the remaining judges required 593 to meet the need as set forth in s. 35.06, Florida Statutes, 594 shall be appointed by the Governor. 595 (

e) Within 1 month of the effective date of this act, any 596 judge who relocated from their county of original appointment 597 before February 1, 2022, may file a sworn statement of intent 598 with the State Courts Administrator indicating his or her desire 599 to serve permanently in the new district. Such judges remain 600 subject to assignment pursuant to paragraphs (

b) and (

c) until 601 vacancies occur in that district. 602

(2) Within 2 months of the effective date of this act, the 603 Supreme Court shall provide the Governor with a list of the 604 judges who will be permanently assigned to each district, those 605 who will be temporarily assigned to certain districts as of 606 January 1, 2023, and the location of the positions the Governor 607 must fill by appointment. The Governor shall request each 608 applicable judicial nominating commission to convene for the 609

Florida Senate - 2022 SB 2522 576-02895-22 20222522__ Page 22 of 22 CODING: Words stricken are deletions; words underlined are additions. purpose of selecting and submitting names of qualified 610 individuals for consideration by the Governor in making 611 appointments. Individuals filling judgeships created by this act 612 shall be appointed by the Governor in accordance with s. 11, 613

Article V of the State Constitution. 614

(3) On January 1, 2023, the Governor shall recommission any 615 judge whose district was modified by the realignment of 616 districts pursuant to this act; except that, the recommission of 617 any judge whose district is modified by the realignment of 618 districts and is seeking retention to office at the 2022 general 619 election, and is retained by the voters at such election, shall 620 occur January 3, 2023. 621

Section 18. Except as expressly provided in this act, this 622 act shall take effect upon becoming a law. 623