SB 196 — Lactation Space

Florida Senate - 2021 CS for SB 196 By Senatorthe BermanCommittee 31-00136-21on 2021196__Governmental AOversight billand toAccountability; be entitled An act relating to lactation spaces in courthouses;

amendingand s.Senator Berman 585-03331-21 2021196c1 A bill to be entitled An act relating to lactation space;

29.008,creating F.S.;s.

revising29.24, theF.S.; definition of the term “facility” to require at least one dedicated lactation space be provided in county courthouses by a specified date;

specifyingrequiring minimumeach requirementscounty forto theprovide lactation space;space in each county courthouse;

requiringauthorizing that counties designated as the officialuse headquarters of astate districtor courtprivate offunds appealto beprovide responsible for providing a lactation space in thatappellate court’scourthouses; facility;

providing exceptions;

declaring that this act fulfills an important state interest;

1310 Be It Enacted by the Legislature of the State of Florida:

1512 Section 1. Paragraph1. Section (a)29.24, of subsection (1) of section 29.008, Florida Statutes, is amendedcreated to read:

29.008 County29.24 Lactation fundingspace ofin court-relatedcourthouses.— functions.—(1) Except (1) Countiesas areotherwise requiredprovided in this section, by s.January 1, 2022, each county courthouse must provide at least one dedicated lactation space, outside of the confines of a restroom, for members of the public to express breast milk or breastfeed in private.

14, Art.

V of the State Constitution to fund the cost of communications services, existing radio systems, existing multiagency criminal justice information systems, and the cost of construction or lease, maintenance, utilities, and security of facilities for the circuit and county courts, public defenders’ offices, state attorneys’ offices, guardian ad litem offices, and the offices of the clerks of the circuit and county courts performing court related functions.

For purposes of this section, the term “circuit and county courts” includes the offices and staffing of the guardian ad litem programs, and the term “public defenders’ offices” includes the offices of criminal conflict and civil regional counsel.

The county designated under s.

35.05(1) as the headquarters for each appellate district shall fund these costs for the appellate division of the public defender’s office in that county.

For purposes of implementing these requirements, the term:

(a) “Facility” means reasonable and necessary buildings and office space and appurtenant equipment and furnishings, structures, real estate, easements, and related interests in real estate, including, but not limited to, those for the purpose of housing legal materials for use by the general public and personnel, equipment, or functions of the circuit or county courts, public defenders’ offices, state attorneys’ offices, and court-related functions of the office of the clerks of the circuit and county courts and all storage.

The term “facility” includes all wiring necessary for court reporting services.

The term also includes access to parking for such facilities in connection with such court-related functions that may be available free or from a private provider or a local government for a fee.

The office space provided by a county may not be less than the standards for space allotment adopted by the Department of Management Services, except this requirement applies only to facilities that are leased, or on which construction commences, after June 30, 2003.

County funding must include physical modifications and improvements to all facilities as are required for compliance with the Americans with Disabilities Act.

Upon mutual agreement of a county and the affected entity in this paragraph, the office space provided by the county may vary from the standards for space allotment adopted by the Department of Management Services.

1. As of July 1, 2005, equipment and furnishings shall be limited to that appropriate and customary for courtrooms, hearing rooms, jury facilities, and other public areas in courthouses and any other facility occupied by the courts, state attorneys, public defenders, guardians ad litem, and criminal conflict and civil regional counsel.

Court reporting equipment in these areas or facilities is not a responsibility of the county.

2. Equipment and furnishings under this paragraph in existence and owned by counties on July 1, 2005, except for that in the possession of the clerks, for areas other than courtrooms, hearing rooms, jury facilities, and other public areas in courthouses and any other facility occupied by the courts, state attorneys, and public defenders, shall be transferred to the state at no charge.

This provision does not apply to any communications services as defined in paragraph (f).

3. By January 1, 2022, each county courthouse must provide at least one dedicated lactation space outside of the confines of a restroom for members of the public to express breast milk or breastfeed in private.

Additionally,(2) The person responsible for the countyoperation designatedof underthe s.facility housing each district court of appeal is authorized to use state-appropriated funds or private funding to provide a lactation space as set forth in subsection (1).

35.05(1)(3) The asrequirements theof headquarterssubsection for(1) eachdo appellatenot districtapply shallto bea responsiblecourthouse forif providing at least one lactation space, in accordance with the requirementsperson specifiedwho inis thisresponsible subparagraph, for the facilityoperation housingof the districtcourthouse courtdetermines ofthat: appeal within that county.

Section(a) The 2. Thiscourthouse actdoes shallnot takecontain effecta Julylactation 1,space 2021.for employees which may be used by the members of the public and the courthouse does not have:

1. A space that could be repurposed as a lactation space open to the public;

or 2. A space that could be made private at a reasonable cost using portable materials, contingent upon private funding being made available for those costs.

(b) New construction would be required to create the lactation space.

Section 2. The Legislature finds that this act fulfills an important state interest.

Section 3. This act shall take effect July 1, 2021.