CS/CS/HB 369

1	A bill to be entitled
2	An act relating to senior judges; amending s. 25.073,
3	F.S.; revising the definitions of the terms "retired
4	justice" and "retired judge" for purposes of assignment to
5	temporary duty; conforming provisions to changes made by
6	this act; providing for the chief judge of a judicial
7	circuit, subject to approval by the Chief Justice of the
8	Supreme Court, to establish a program for retired justices
9	or judges to preside over civil cases and trials upon
10	written request of one or more parties; providing for
11	compensation of such justices or judges; providing for an
12	additional court cost and for deposit thereof; providing
13	an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Subsections (1) and (3) of section 25.073,
18	Florida Statutes, are amended, and subsection (4) is added to
19	that section, to read:
20	25.073  Retired justices or judges assigned to temporary
21	duty; additional compensation; appropriation.--
22	(1)  For purposes of this section, the term "retired
23	justice" or "retired judge" means any former justice or judge
24	who is not engaged in the practice of law, who has not been
25	disciplined by the Supreme Court, and either:
26	(a)  Has failed to win reelection or be retained after more
27	than 12 years of service as a justice or judge; or not been
28	defeated in seeking reelection to, or has not failed to be
29	retained in seeking retention in, his or her last judicial
30	office or was not defeated when last seeking election to
31	judicial office; and
32	(b)  Has served at least one complete term as a justice or
33	judge and chose not to stand for retention or reelection at the
34	conclusion of his or her latest term Is not engaged in the
35	practice of law.
36	(3)  Payments required under subsection (2) this section
37	shall be made from moneys to be appropriated for this purpose.
38	(4)  In addition to subsections (1)-(3), the chief judge of
39	a judicial circuit may, subject to approval by the Chief
40	Justice, establish a program for the optional use of retired
41	justices or judges to preside over civil cases and trials
42	pursuant to this subsection. The program shall be developed and
43	operated so as to ensure that one or more parties to the lawsuit
44	shall pay the cost of the retired justice or judge. The use of
45	this program shall in no way diminish or otherwise affect the
46	power and authority of the Chief Justice to assign justices or
47	judges, including consenting retired justices or judges, to
48	temporary duty in any court for which the justice or judge is
49	qualified or to delegate to a chief judge of a judicial circuit
50	the power to assign justices or judges for duty in that circuit.
51	At a minimum, the program developed under this subsection shall
52	be operated as follows:
53	(a)1.  Any party to the action may request a retired
54	justice or judge to hear one or more motions. The request must
55	be in writing and addressed to the chief judge of the circuit.
56	The party may seek appointment of a retired justice or judge to
57	hear more than one motion in that case or motions in multiple
58	cases, or a lawyer or law firm may seek appointment of a retired
59	justice or judge to hear motions in multiple cases. The chief
60	judge of the circuit shall not appoint a retired justice or
61	judge if the trial judge assigned to the case can accommodate
62	the hearing or hearings within the following 2 weeks.
63	2.  All parties to an action may jointly request a retired
64	justice or judge to conduct the trial of the action, including a
65	trial by special setting. The chief judge of the circuit shall
66	not appoint a retired justice or judge unless all parties agree
67	to the request and sufficient court resources are available to
68	accommodate the request.
69	(b)1.  A party or parties seeking to use a retired justice
70	or judge shall submit a written request to the chief judge,
71	stating the reasons for the request.
72	2.  Allowable grounds for use of a retired justice or judge
73	include the unavailability of hearing time, scheduling
74	difficulties, difficulties with the availability of witnesses,
75	or the need to expedite the case. A request shall not be granted
76	if it is apparent that a party is only seeking an appointment in
77	order to avoid the assigned trial judge.
78	3.  The chief judge shall consider the reasons for the
79	request and shall grant or deny the request in writing within 5
80	days.
81	4.  Only retired justices or judges who are on the list
82	that is approved by the Chief Justice are eligible for
83	appointment in this program. Assignment of such retired justices
84	or judges shall be made in accordance with current judge
85	assignment procedures in each judicial circuit. No party may
86	seek or request that a particular retired justice or judge be
87	appointed.
88	5.  An appointment shall be for the hearing time requested.
89	However, the chief judge may appoint a retired justice or judge
90	to hear multiple hearings in 1 day involving related or
91	unrelated cases.
92	(c)1.  Upon granting a request, the chief judge of the
93	applicable judicial circuit shall estimate the number of days
94	required of the retired justice or judge to complete the
95	hearings or trial and shall inform the requesting party or
96	parties of the cost.
97	2.  The party or parties who requested the appointment of a
98	retired justice or judge shall prepay the per diem rate of the
99	retired justice or judge before the hearing or trial based on
100	the per diem rate then in effect. The minimum charge for
101	assignment of a retired justice or judge under this subsection
102	shall be the per diem rate for 1 day, and any required time over
103	1 day shall be charged in 1-day increments for any additional
104	days at the per diem rate. The chief judge shall set a payment
105	deadline sufficiently prior to the date of the hearing or trial
106	so that the appointment may be timely canceled if prepayment is
107	not received at least 1 business day before the scheduled
108	hearing or trial.
109	3.  For purposes of this subsection, the term "per diem
110	rate" means the cost to the state of 1 day of service by a
111	retired justice or judge and shall be calculated by adding the
112	regular daily rate set by the Chief Justice for retired justices
113	or judges, plus the employer's share of required federal taxes,
114	plus, if applicable, the justice's or judge's travel and other
115	costs reimbursable under s. 112.061.
116	4.  Payments made by a party or parties under this program
117	shall be deposited into the Operating Trust Fund within the
118	state courts system under s. 25.3844.
119	5.  Once a hearing or trial is scheduled, prepayment is
120	made as required under this subsection, and the state is
121	required to make payment to the retired justice or judge, there
122	shall be no refund. A refund is only authorized if the assigned
123	retired justice or judge becomes unavailable for reasons
124	unrelated to the conduct of the parties.
125	6.  A person who has been relieved of the requirement to
126	prepay costs in an action may not be relieved of the requirement
127	under this subsection to prepay the costs of a retired justice
128	or judge prior to a request being granted.
129	(d)1.  If a party seeks appointment of a retired justice or
130	judge to hear one or more motions, the cost of the retired
131	justice or judge shall not be taxable against a nonprevailing
132	party.
133	2.  If all parties sought the appointment of a retired
134	justice or judge to hear motions or conduct the trial, the
135	amounts paid for the retired justice or judge by a prevailing
136	party shall be taxable against a nonprevailing party, as
137	provided in chapter 57 and in the Florida Rules of Civil
138	Procedure.
139	Section 2.  This act shall take effect upon becoming a law.

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