Bill Text: FL H0013 | 2010 | Regular Session | Comm Sub

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Bill Title: Judicial Proceedings in Civil Cases

Spectrum: Bipartisan Bill

Status: (Failed) 2010-04-30 - Died in Committee on Criminal & Civil Justice Appropriations (CGHC) [H0013 Detail]

Download: Florida-2010-H0013-Comm_Sub.html

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CS/CS/HB 13

1	A bill to be entitled
2	An act relating to judicial proceedings in civil cases;
3	amending s. 25.073, F.S.; conforming provisions to changes
4	made by the act; providing for the chief judge of a
5	judicial circuit, subject to approval by the Chief Justice
6	of the Supreme Court, to establish a program for retired
7	justices or judges to preside over civil cases and trials
8	upon written request of one or more parties; providing for
9	compensation of such justices or judges; providing for an
10	additional court cost and for deposit thereof; amending s.
11	44.104, F.S.; providing for the procedures governing
12	voluntary trial resolution to include a jury trial if
13	there is a right to a jury trial and at least one party
14	has requested a jury trial; providing for costs and
15	deposit thereof; providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1. Subsection (3) of section 25.073, Florida
20	Statutes, is amended, and subsection (4) is added to that
21	section, to read:
22	25.073 Retired justices or judges assigned to temporary
23	duty; additional compensation; appropriation.-
24	(3) Payments required under subsection (2) this section
25	shall be made from moneys to be appropriated for this purpose.
26	(4) In addition to subsections (1)-(3), the chief judge of
27	a judicial circuit may, subject to approval by the Chief
28	Justice, establish a program for the optional use of retired
29	justices or judges to preside over civil cases and trials
30	pursuant to this subsection. The program shall be developed and
31	operated so as to ensure that one or more parties to the lawsuit
32	shall pay the cost of the retired justice or judge. The use of
33	this program shall in no way diminish or otherwise affect the
34	power and authority of the Chief Justice to assign justices or
35	judges, including consenting retired justices or judges, to
36	temporary duty in any court for which the justice or judge is
37	qualified or to delegate to a chief judge of a judicial circuit
38	the power to assign justices or judges for duty in that circuit.
39	At a minimum, the program developed under this subsection shall
40	be operated as follows:
41	(a)1. Any party to the action may request a retired
42	justice or judge to hear one or more motions that will not lead
43	to final disposition of the case. The request must be in writing
44	and addressed to the chief judge of the circuit. The party may
45	seek appointment of a retired justice or judge to hear more than
46	one motion in that case. The chief judge of the circuit shall
47	not appoint a retired justice or judge if the trial judge
48	assigned to the case can accommodate the hearing or hearings
49	within the following 2 weeks.
50	2. All parties to an action may jointly request a retired
51	justice or judge to hear one or more dispositive motions or to
52	conduct the trial of the action, including a trial by special
53	setting. The chief judge of the circuit shall not appoint a
54	retired justice or judge unless all parties agree to the request
55	and sufficient court resources are available to accommodate the
56	request. A party in default shall be deemed to have consented to
57	the appointment of a retired justice or judge under this
58	subparagraph.
59	(b)1. A party or parties seeking to use a retired justice
60	or judge shall submit a written request to the chief judge,
61	stating the reasons for the request.
62	2. Allowable grounds for use of a retired justice or judge
63	include the unavailability of hearing time, scheduling
64	difficulties, difficulties with the availability of witnesses,
65	or the need to expedite the case. A request shall not be granted
66	if it is apparent that a party is only seeking an appointment in
67	order to avoid the assigned trial judge.
68	3. The chief judge shall consider the reasons for the
69	request and shall grant or deny the request in writing within 5
70	days.
71	4. Only retired justices or judges who are on the list
72	that is approved by the Chief Justice are eligible for
73	appointment in this program. Assignment of such retired justices
74	or judges shall be made in accordance with current judge
75	assignment procedures in each judicial circuit. No party may
76	seek or request that a particular retired justice or judge be
77	appointed.
78	5. An appointment shall be for the hearing time requested.
79	However, the chief judge may appoint a retired justice or judge
80	to hear multiple hearings in 1 day involving related or
81	unrelated cases.
82	(c)1. Upon granting a request, the chief judge of the
83	applicable judicial circuit shall estimate the number of days
84	required of the retired justice or judge to complete the
85	hearings or trial and shall inform the requesting party or
86	parties of the cost.
87	2. The party or parties who requested the appointment of a
88	retired justice or judge shall prepay the per diem rate of the
89	retired justice or judge before the hearing or trial based on
90	the per diem rate then in effect. The minimum charge for
91	assignment of a retired justice or judge under this subsection
92	shall be the per diem rate for 1 day, and any required time over
93	1 day shall be charged in 1-day increments for any additional
94	days at the per diem rate. The chief judge shall set a payment
95	deadline sufficiently prior to the date of the hearing or trial
96	so that the appointment may be timely canceled if prepayment is
97	not received at least 1 business day before the scheduled
98	hearing or trial.
99	3. For purposes of this subsection, the term "per diem
100	rate" means the cost to the state of 1 day of service by a
101	retired justice or judge and shall be calculated by adding the
102	regular daily rate set by the Chief Justice for retired justices
103	or judges, plus the employer's share of required federal taxes,
104	and plus, if applicable, the justice's or judge's travel and
105	other costs reimbursable under s. 112.061.
106	4. The per diem paid to a retired justice or judge under
107	this subsection for 1 day of service for all trials or hearings
108	conducted on that one day shall not exceed the standard per diem
109	rate for 1 day of service established by the chief justice.
110	5. Payments made by a party or parties under this program
111	shall be deposited into the Operating Trust Fund within the
112	state courts system under s. 25.3844.
113	6. Once a hearing or trial is scheduled, prepayment is
114	made as required under this subsection, and the state is
115	required to make payment to the retired justice or judge, there
116	shall be no refund. A refund is only authorized if the assigned
117	retired justice or judge becomes unavailable for reasons
118	unrelated to the conduct of the parties.
119	7. A person who has been relieved of the requirement to
120	prepay costs in an action may not be relieved of the requirement
121	under this subsection to prepay the costs of a retired justice
122	or judge prior to a request being granted.
123	(d)1. If a party seeks appointment of a retired justice or
124	judge to hear one or more motions, the cost of the retired
125	justice or judge shall not be taxable against a nonprevailing
126	party.
127	2. If all parties sought the appointment of a retired
128	justice or judge to hear motions or conduct the trial, the
129	amounts paid for the retired justice or judge by a prevailing
130	party shall be taxable against a nonprevailing party, as
131	provided in chapter 57 and in the Florida Rules of Civil
132	Procedure.
133	Section 2. Present subsections (3) through (14) of section
134	44.104, Florida Statutes, are renumbered as subsections (4)
135	through (15), respectively, and a new subsection (3) is added to
136	that section to read:
137	44.104 Voluntary binding arbitration and voluntary trial
138	resolution.-
139	(3) Voluntary trial resolution may include a jury trial if
140	there is a right to a jury trial in the civil dispute and if
141	there has been a request for a jury trial by at least one party.
142	The trial resolution judge shall preside over the jury trial.
143	The jury trial conducted as part of the voluntary trial
144	resolution shall be conducted according to the laws applicable
145	to civil jury trials and in accordance with this section. The
146	availability of a jury trial under this subsection requires the
147	advance written approval of the chief judge of the circuit in
148	which such case is pending and the availability of sufficient
149	court resources to accommodate the request. A standard per diem
150	rate may be established by the chief judge for the use of court
151	resources to be charged to the parties conducting a trial under
152	this subsection. Payments made by a party or parties under this
153	subsection shall be deposited into the Operating Trust Fund
154	within the state courts system under s. 25.3844.
155	Section 3. This act shall take effect upon becoming a law.

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