Florida Senate - 2013                                     SB 296
       
       
       
       By Senator Dean
       
       
       
       
       5-00615-13                                             2013296__
    1                        A bill to be entitled                      
    2         An act relating to retirement; amending s. 25.073,
    3         F.S.; providing for a former justice or judge to be
    4         qualified to serve as a retired justice or judge under
    5         certain conditions; providing circumstances under
    6         which such justice or judge may not serve as a retired
    7         justice or judge; amending s. 121.053, F.S.; exempting
    8         retired judges who consent to temporary duty from
    9         certain termination and reemployment limitations;
   10         providing an effective date.
   11  
   12         WHEREAS, the Supreme Court of Florida has certified the
   13  need for additional judgeships to meet the workload of the
   14  court, but due to economic conditions, none have been funded by
   15  the Legislature since 2007, and
   16         WHEREAS, the trial courts in this state have experienced a
   17  tremendous increase in foreclosure cases, and
   18         WHEREAS, senior judges provide temporary replacement
   19  coverage of scheduled dockets of judges who become ill, injured,
   20  or unexpectedly obligated to attend to other duties and, thus,
   21  prevent litigants from suffering unwanted delay of their cases,
   22  and
   23         WHEREAS, unlike other employees who return to state service
   24  after retirement, senior judges are paid a daily fixed stipend,
   25  and
   26         WHEREAS, a 1-year delay in a retired judge’s performance of
   27  senior judge duties will detrimentally affect the currency of
   28  experience and critical skills required of a judge to properly
   29  and appropriately rule on legal issues, NOW, THEREFORE,
   30  
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Present subsections (2) and (3) of section
   34  25.073, Florida Statutes, are renumbered as subsections (3) and
   35  (4), respectively, and a new subsection (2) is added to that
   36  section, to read:
   37         25.073 Retired justices or judges assigned to temporary
   38  duty; additional compensation; appropriation.—
   39         (2) Notwithstanding subsection (1), a former justice or
   40  judge who has failed to win reelection or be retained after more
   41  than 12 years of service as a justice or judge may be qualified
   42  to serve as a retired justice or judge unless:
   43         (a) The former justice or judge has been reprimanded,
   44  fined, suspended, or disciplined by the Florida Supreme Court
   45  for violations of the Florida Code of Judicial Conduct or the
   46  rules regulating The Florida Bar;
   47         (b) The Judicial Qualifications Commission has brought
   48  charges against the former justice or judge which were not
   49  dismissed or the former justice or judge was not exonerated of
   50  all such charges; or
   51         (c) Any party objects to the assignment of the former
   52  justice or judge when the former justice or judge is to preside
   53  over a civil case, including any appeal of a civil case.
   54         Section 2. Subsection (6) of section 121.053, Florida
   55  Statutes, is amended to read:
   56         121.053 Participation in the Elected Officers’ Class for
   57  retired members.—
   58         (6) A retired judge consenting to temporary duty in any
   59  court, as assigned by the Chief Justice of the Supreme Court in
   60  accordance with s. 2, Art. V of the State Constitution, is not
   61  subject to the renewed membership provisions of this section, to
   62  termination as defined in s. 121.021, or to the 12-month
   63  reemployment limitation in s. 121.091(9).
   64         Section 3. This act shall take effect July 1, 2013.