Florida Statutes 35.051 – Subsistence and travel reimbursement for judges with alternate headquarters
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(1)(a) A district court of appeal judge is eligible for the designation of a county courthouse or another appropriate facility in his or her county of residence, or an adjacent county within the district, as his or her official headquarters for purposes of s. 112.061 if the judge permanently resides more than 50 miles from:
1. The appellate district’s headquarters as prescribed under s. 35.05(1), if the judge is assigned to such headquarters; or
2. The appellate district’s branch headquarters established under s. 35.05(2), if the judge is assigned to such branch headquarters.
The official headquarters may serve only as the judge’s private chambers.
Terms Used In Florida Statutes 35.051
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Chambers: A judge's office.
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
- You are late making a payment or commit some other default, triggering an increase to a penalty rate
- The bank changes the terms of your account and you do not reject the change.
- The rate expires (if the rate was fixed for only a certain period of time).
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(b)1. A district court of appeal judge for whom an official headquarters is designated under paragraph (a) is eligible for subsistence at a rate to be established by the Chief Justice for each day or partial day that the judge is at the headquarters or branch headquarters of his or her appellate district to conduct court business, as authorized by the chief judge of that district court of appeal. The Chief Justice may authorize a judge to choose between subsistence based on lodging at a single-occupancy rate and meal reimbursement as provided in s. 112.061 and subsistence at a fixed rate prescribed by the Chief Justice.
2. In addition to subsistence, a district court of appeal judge is eligible for reimbursement for travel expenses as provided in s. 112.061(7) and (8) for travel between the judge’s official headquarters and the headquarters or branch headquarters of the appellate district to conduct court business. If the judge’s official headquarters designated under paragraph (a) is located in a county adjacent to the judge’s county of residence, such reimbursement is limited to the lesser of:
a. The amount for travel between the judge’s official headquarters and the headquarters or branch headquarters of the appellate district; or
b. The amount that would be authorized for travel between an official headquarters maintained in the judge’s county of residence and the headquarters or branch headquarters of the appellate district.
(c) Payment of subsistence and reimbursement for travel expenses between the judge’s official headquarters and the headquarters or branch headquarters of his or her appellate district shall be made to the extent that appropriated funds are available, as determined by the Chief Justice.
(2) The Chief Justice shall coordinate with each affected district court of appeal judge and other state and local officials as necessary to implement subsection (1).
(3)(a) This section does not require a county to provide space in a county courthouse for a district court of appeal judge. A county may enter into an agreement with a district court of appeal governing the use of space in a county courthouse.
(b) A district court of appeal may not use state funds to lease space in a county courthouse or other facility to allow a district court of appeal judge to establish an official headquarters pursuant to subsection (1).
(4) The Chief Justice may establish parameters governing the authority provided in this section, including, but not limited to, specifying minimum operational requirements for the designated headquarters, limiting the number of days for which subsistence and travel reimbursement may be provided, and prescribing activities that qualify as the conduct of court business.
(5) If any term of this section conflicts with s. 112.061, this section shall control to the extent of the conflict.