Florida Senate - 2011 SB 1420 By Senator Altman 24-00954-11 20111420__ 1 A bill to be entitled 2 An act relating to judicial proceedings in civil 3 cases; amending s. 25.073, F.S.; conforming provisions 4 to changes made by the act; providing for the chief 5 judge of a judicial circuit, subject to approval by 6 the Chief Justice of the Supreme Court, to establish a 7 program for retired justices or judges to preside over 8 civil cases and trials upon written request of one or 9 more parties; providing for compensation of such 10 justices or judges; providing for an additional court 11 cost and for deposit thereof; amending s. 44.104, 12 F.S.; providing for the procedures governing voluntary 13 trial resolution to include a jury trial if there is a 14 right to a jury trial and if at least one party has 15 requested a jury trial; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Subsection (3) of section 25.073, Florida 20 Statutes, is amended, and subsection (4) is added to that 21 section, to read: 22 25.073 Retired justices or judges assigned to temporary 23 duty; additional compensation; appropriation.— 24 (3) Payments required under subsection (2)this section25 shall be made from moneys to be appropriated for this purpose. 26 (4) In addition to subsections (1)-(3), the chief judge of 27 a judicial circuit may, subject to approval by the Chief 28 Justice, establish a program for the optional use of retired 29 justices or judges to preside over civil cases and trials 30 pursuant to this subsection. The program shall be developed and 31 operated so as to ensure that one or more parties to the lawsuit 32 pay the cost of the retired justice or judge. The use of this 33 program may not diminish or otherwise affect the power and 34 authority of the Chief Justice to assign justices or judges, 35 including consenting retired justices or judges, to temporary 36 duty in any court for which the justice or judge is qualified or 37 to delegate to a chief judge of a circuit the power to assign 38 justices or judges for duty in that circuit. At a minimum, the 39 program developed under this subsection must be operated as 40 follows: 41 (a)1. Any party to the action may request that a retired 42 justice or judge hear one or more nondispositive motions. The 43 party may seek appointment of a retired justice or judge to hear 44 more than one nondispositive motion in that case. The chief 45 judge of the circuit may not appoint a retired justice or judge 46 if the trial judge assigned to the case can accommodate the 47 hearing or hearings within 2 weeks after the request for 48 appointment of a retired justice or judge. 49 2. All parties to an action may jointly request a retired 50 justice or judge to hear one or more dispositive motions or to 51 conduct the trial of the action, including a trial by special 52 setting. The chief judge of the circuit may not appoint a 53 retired justice or judge unless all parties agree to the request 54 and sufficient court resources are available to accommodate the 55 request. A party in default is deemed to have consented to the 56 appointment of a retired justice or judge under this 57 subparagraph. 58 (b)1. A party or parties seeking to use a retired justice 59 or judge must submit a written request to the chief judge, 60 stating the reasons for the request. 61 2. Allowable grounds for use of a retired justice or judge 62 include the unavailability of a hearing time, scheduling 63 difficulties, difficulties with the availability of witnesses, 64 or the need to expedite the case. A request may not be granted 65 if it is apparent that a party is seeking an appointment only in 66 order to avoid the assigned trial judge. 67 3. The chief judge must consider the reasons for the 68 request and shall grant or deny the request in writing within 5 69 days. 70 4. Only retired justices or judges who are on the list that 71 is approved by the Chief Justice are eligible for appointment in 72 this program. Assignment of such retired justices or judges 73 shall be made in accordance with current procedures for the 74 assignment of judges in each judicial circuit. A party may not 75 request that a particular retired justice or judge be appointed. 76 5. An appointment shall be for the hearing time requested. 77 However, the chief judge may appoint a retired justice or judge 78 to conduct multiple hearings in 1 day involving related or 79 unrelated cases. 80 (c)1. Upon granting a request, the chief judge of the 81 circuit must estimate the number of days required of the retired 82 justice or judge to complete the hearings or trial and shall 83 inform the requesting party or parties of the cost. 84 2. The party or parties who requested the appointment of a 85 retired justice or judge must prepay the per diem rate of the 86 retired justice or judge before the hearing or trial based on 87 the per diem rate then in effect. The minimum charge for 88 assignment of a retired justice or judge under this subsection 89 shall be the per diem rate for 1 day, and any required time over 90 1 day shall be charged in 1-day increments for any additional 91 days at the per diem rate. The chief judge must set a payment 92 deadline sufficiently in advance of the date of the hearing or 93 trial so that the appointment may be timely canceled if 94 prepayment is not received at least 1 business day before the 95 scheduled hearing or trial. 96 3. For purposes of this subsection, the term “per diem 97 rate” means the cost to the state of 1 day of service by a 98 retired justice or judge and is calculated by adding the regular 99 daily rate set by the Chief Justice for retired justices or 100 judges, plus the employer’s share of required federal taxes, and 101 plus, if applicable, the justice’s or judge’s travel and other 102 costs reimbursable under s. 112.061. 103 4. The per diem paid to a retired justice or judge under 104 this subsection for 1 day of service for all trials or hearings 105 conducted on that one day may not exceed the standard per diem 106 rate for 1 day of service established by the chief justice. 107 5. Payments made by a party or parties under this program 108 shall be deposited into the Administrative Trust Fund within the 109 state courts system under s. 25.3844. 110 6. A refund may not be paid to any party after a hearing or 111 trial is scheduled, prepayment is made as required under this 112 subsection, and the state is required to make payment to the 113 retired justice or judge. A refund is authorized only if the 114 assigned retired justice or judge becomes unavailable for 115 reasons unrelated to the conduct of the parties. 116 7. A party who is relieved of the requirement to prepay 117 costs in an action is not relieved of the requirement under this 118 subsection to prepay the costs of a retired justice or judge 119 before the request is granted. 120 (d)1. If a party seeks appointment of a retired justice or 121 judge to hear one or more motions, the costs of the retired 122 justice or judge are not taxable against a nonprevailing party. 123 2. If all parties sought the appointment of a retired 124 justice or judge to hear motions or conduct the trial, the 125 amounts paid for the retired justice or judge by a prevailing 126 party are taxable against a nonprevailing party or the 127 nonprevailing parties, as provided in chapter 57 and in the 128 Florida Rules of Civil Procedure. 129 Section 2. Present subsections (3) through (14) of section 130 44.104, Florida Statutes, are redesignated as subsections (4) 131 through (15), respectively, and a new subsection (3) is added to 132 that section, to read: 133 44.104 Voluntary binding arbitration and voluntary trial 134 resolution.— 135 (3) Voluntary trial resolution may include a jury trial if 136 there is a right to a jury trial in the civil dispute and if 137 there has been a request for a jury trial by at least one party. 138 The trial resolution judge shall preside over the jury trial. 139 The jury trial conducted as part of the voluntary trial 140 resolution must be conducted according to the laws applicable to 141 civil jury trials. 142 Section 3. This act shall take effect upon becoming a law.