Florida Senate - 2008 CS for SB 740

By the Committee on Judiciary; and Senator Dean

590-06985-08 2008740c1

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A bill to be entitled

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An act relating to retired justices and judges; amending

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s. 25.073, F.S.; providing exceptions to a prohibition

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against certain former judges serving as retired justices

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or retired judges under certain circumstances; providing

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an effective date.

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

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     Section 1.  Subsection (1) of section 25.073, Florida

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Statutes, is amended to read:

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     25.073  Retired justices or judges assigned to temporary

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duty; additional compensation; appropriation.--

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     (1)  For purposes of this section, the term "retired

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justice" or "retired judge" means any former justice or judge

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who:

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     (a)  Has not been defeated in seeking reelection to, or has

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not failed to be retained in seeking retention in, his or her

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last judicial office or was not defeated when last seeking

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election to judicial office; and

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     (b)  is not engaged in the practice of law.

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However, a former justice or judge who has been defeated in

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seeking reelection to, or has failed to be retained in seeking

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retention in, his or her last judicial office, or who was

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defeated when last seeking election to judicial office, may be

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considered a retired justice or judge if he or she has not been

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reprimanded, fined, suspended, or disciplined by the Supreme

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Court for violations of the Florida Code of Judicial Conduct or

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rules regulating The Florida Bar, or charged by the Judicial

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Qualifications Commission for a violation and not exonerated,

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and if all parties to the litigation over which he or she is to

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preside consent to his or her assignment to temporary duty.

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     Section 2.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.