| 1 | Representative Ambler offered the following: |
| 2 |
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| 3 | Amendment (with directory and title amendments) |
| 4 | Between lines 31 and 32, insert: |
| 5 | (4)(3) Payments required under subsection (2) this section |
| 6 | shall be made from moneys to be appropriated for this purpose. |
| 7 | (5) In addition to subsections (1) through (4), the chief |
| 8 | judge of a judicial circuit may, subject to approval by the |
| 9 | Chief Justice of the Supreme Court, establish a program for the |
| 10 | use of retired justices or judges to preside over civil cases |
| 11 | and trials upon written request of all parties, whereby such |
| 12 | retired justices and judges may be appointed and compensated as |
| 13 | follows: |
| 14 | (a) A retired justice or judge available for appointment |
| 15 | pursuant to this subsection shall be paid by the parties at the |
| 16 | same rate set by the Chief Justice for retired justices and |
| 17 | judges. There shall be an additional court cost assessed against |
| 18 | the parties established by administrative order of the chief |
| 19 | judge for the per diem cost of using a retired justice or judge. |
| 20 | (b) The program shall require prepayment by the requesting |
| 21 | parties of no less than the per diem cost for the anticipated |
| 22 | number of days requested before appointment of a retired justice |
| 23 | or judge to the case. The minimum per diem cost shall be 1 day. |
| 24 | (c) The additional court cost shall be deposited into the |
| 25 | Operating Trust Fund within the state courts system under s. |
| 26 | 25.3844. |
| 27 | (d) Only retired justices and judges who are on the list |
| 28 | that is approved by the Chief Justice are eligible for |
| 29 | appointment in this program and individual case assignments |
| 30 | shall be made by the chief judge of the judicial circuit. |
| 31 | (e) The funds collected under this program shall not |
| 32 | diminish or otherwise affect legislative appropriations to |
| 33 | judicial circuits for retention of retired justices or judges |
| 34 | who have not been requested by the parties under this program. |
| 35 | (f) The use of this program shall in no way diminish or |
| 36 | otherwise affect the power and authority of the Chief Justice of |
| 37 | the Supreme Court to assign justices or judges, including |
| 38 | consenting retired justices or judges, to temporary duty in any |
| 39 | court for which the judge is qualified and to delegate to a |
| 40 | chief judge of a judicial circuit the power to assign judges for |
| 41 | duty in that circuit. |
| 42 |
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| 43 | ----------------------------------------------------- |
| 44 | D I R E C T O R Y A M E N D M E N T |
| 45 | Remove lines 11-14 and insert: |
| 46 | Section 1. Present subsections (2) and (3) of section |
| 47 | 25.073, Florida Statutes, are renumbered as subsections (3) and |
| 48 | (4), respectively, new subsections (2) and (5) are added to that |
| 49 | section, and present subsection (3) of that section is amended |
| 50 | to read: |
| 51 |
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| 52 | ----------------------------------------------------- |
| 53 | ----------------------------------------------------- |
| 54 | T I T L E A M E N D M E N T |
| 55 | Remove line 7 and insert: |
| 56 | retired justice or judge; conforming provisions to changes made |
| 57 | by this act; providing for the chief judge of a judicial |
| 58 | circuit, subject to approval by the Chief Justice of the Supreme |
| 59 | Court, to establish a program for retired justices or judges to |
| 60 | preside over civil cases and trials upon written request of all |
| 61 | parties; providing for compensation of justices or judges; |
| 62 | providing legislative intent; providing an effective date. |