Florida Senate - 2009                                    SB 1584
       
       
       
       By Senator Altman
       
       
       
       
       24-01598-09                                           20091584__
    1                        A bill to be entitled                      
    2         An act relating to senior judges; amending s. 25.073,
    3         F.S.; conforming provisions to changes made by this
    4         act; providing for the chief judge of a judicial
    5         circuit, subject to approval by the Chief Justice of
    6         the Supreme Court, to establish a program for retired
    7         justices or judges to preside over civil cases and
    8         trials upon written request of one or more parties;
    9         providing for compensation of such justices or judges;
   10         providing for an additional court cost and for deposit
   11         thereof; providing legislative intent; providing an
   12         effective date.
   13         
   14  Be It Enacted by the Legislature of the State of Florida:
   15         
   16         Section 1. Subsection (3) of section 25.073, Florida
   17  Statutes, is amended, and subsection (4) is added to that
   18  section, to read:
   19         25.073 Retired justices or judges assigned to temporary
   20  duty; additional compensation; appropriation.—
   21         (3) Payments required under subsection (2) this section
   22  shall be made from moneys to be appropriated for this purpose.
   23         (4) In addition to subsections (1)-(3), the chief judge of
   24  a judicial circuit may, subject to approval by the Chief
   25  Justice, establish a program for the use of retired justices or
   26  judges to preside over civil cases and trials upon written
   27  request of one or more parties, whereby such retired justices or
   28  judges may be appointed and compensated as follows:
   29         (a) A retired justice or judge available for appointment
   30  pursuant to this subsection shall be paid by the parties at the
   31  same rate set by the Chief Justice for retired justices or
   32  judges. There shall be an additional court cost assessed against
   33  the nonprevailing party or parties for the per diem cost of
   34  using a retired justice or judge as established by
   35  administrative order of the chief judge.
   36         (b) The program shall require prepayment by the requesting
   37  party or parties of no less than the per diem cost for the
   38  anticipated number of days requested before appointment of a
   39  retired justice or judge to the case. The minimum per diem cost
   40  shall be 1 day. If the party or parties making the prepayment
   41  prevail, this prepayment shall be refunded upon payment of the
   42  costs of the retired justice or judge by the nonprevailing
   43  party.
   44         (c) The additional court cost shall be deposited into the
   45  Operating Trust Fund within the state courts system under s.
   46  25.3844.
   47         (d) Only retired justices or judges who are on the list
   48  that is approved by the Chief Justice are eligible for
   49  appointment in this program. Assignment of such retired justices
   50  or judges shall be made in accordance with current judge
   51  assignment procedures in each judicial circuit.
   52         (e) The funds collected under this program shall not
   53  diminish or otherwise affect legislative appropriations to
   54  judicial circuits for retention of retired justices or judges
   55  who have not been requested by the parties under this program.
   56         (f) The use of this program shall in no way diminish or
   57  otherwise affect the power and authority of the Chief Justice to
   58  assign justices or judges, including consenting retired justices
   59  or judges, to temporary duty in any court for which the justice
   60  or judge is qualified or to delegate to a chief judge of a
   61  judicial circuit the power to assign justices or judges for duty
   62  in that circuit.
   63         Section 2. This act shall take effect upon becoming a law.