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