| 1 | Representative Ambler offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Subsection (3) of section 25.073, Florida |
| 6 | Statutes, is amended, and subsection (4) is added to that |
| 7 | section to read: |
| 8 | (3) Payments required under subsection (2) this section |
| 9 | shall be made from moneys to be appropriated for this purpose. |
| 10 | (4) In addition to subsections (1) through (3), the chief |
| 11 | judge of a judicial circuit may, subject to approval by the |
| 12 | Chief Justice of the Supreme Court, establish a program for the |
| 13 | use of retired justices or judges to preside over civil cases |
| 14 | and trials upon written request of all parties, whereby such |
| 15 | retired justices and judges may be appointed and compensated as |
| 16 | follows: |
| 17 | (a) A retired justice or judge available for appointment |
| 18 | pursuant to this subsection shall be paid by the parties at the |
| 19 | same rate set by the Chief Justice for retired justices and |
| 20 | judges. There shall be an additional court cost assessed against |
| 21 | the parties established by administrative order of the chief |
| 22 | judge for the per diem cost of using a retired justice or judge. |
| 23 | (b) The program shall require prepayment by the requesting |
| 24 | parties of no less than the per diem cost for the anticipated |
| 25 | number of days requested before appointment of a retired justice |
| 26 | or judge to the case. The minimum per diem cost shall be 1 day. |
| 27 | (c) The additional court cost shall be deposited into the |
| 28 | Operating Trust Fund within the state courts system under s. |
| 29 | 25.3844. |
| 30 | (d) Only retired justices and judges who are on the list |
| 31 | that is approved by the Chief Justice are eligible for |
| 32 | appointment in this program and individual case assignments |
| 33 | shall be made by the chief judge of the judicial circuit. |
| 34 | (e) The funds collected under this program shall not |
| 35 | diminish or otherwise affect legislative appropriations to |
| 36 | judicial circuits for retention of retired justices or judges |
| 37 | who have not been requested by the parties under this program. |
| 38 | (f) The use of this program shall in no way diminish or |
| 39 | otherwise affect the power and authority of the Chief Justice of |
| 40 | the Supreme Court to assign justices or judges, including |
| 41 | consenting retired justices or judges, to temporary duty in any |
| 42 | court for which the judge is qualified and to delegate to a |
| 43 | chief judge of a judicial circuit the power to assign judges for |
| 44 | duty in that circuit. |
| 45 | Section 2. This act shall take effect July 1, 2008. |
| 46 |
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| 47 | ----------------------------------------------------- |
| 48 | T I T L E A M E N D M E N T |
| 49 | Remove the entire title and insert: |
| 50 | A bill to be entitled |
| 51 | An act relating to senior judges; amending s. 25.073, |
| 52 | F.S.; conforming provisions to changes made by this act; |
| 53 | providing for the chief judge of a judicial circuit, |
| 54 | subject to approval by the Chief Justice of the Supreme |
| 55 | Court, to establish a program for retired justices or |
| 56 | judges to preside over civil cases and trials upon written |
| 57 | request of all parties; providing for compensation of |
| 58 | justices or judges; providing legislative intent; |
| 59 | providing an effective date. |