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Florida Statute 35.051 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title V
JUDICIAL BRANCH
Chapter 35
DISTRICT COURTS OF APPEAL
View Entire Chapter
F.S. 35.051
35.051 Subsistence and travel reimbursement for judges with alternate headquarters.
(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.

(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.
History.s. 2, ch. 2020-61; s. 13, ch. 2022-163; s. 1, ch. 2024-93.

F.S. 35.051 on Google Scholar

F.S. 35.051 on Casetext

Amendments to 35.051


Arrestable Offenses / Crimes under Fla. Stat. 35.051
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 35.051.



Annotations, Discussions, Cases:

Cases Citing Statute 35.051

Total Results: 1

Askari Abdullah Muhammad f/k/a Thomas Knight v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2014-01-03

Citation: 132 So. 3d 176

Snippet: 4946112, at *3 (quoting Baze v. Rees, 553 U.S. 35, 51 (2008)). Even if nine of our sister states