Bill Text: FL S1420 | 2011 | Regular Session | Introduced


Bill Title: Judicial Proceedings in Civil Cases

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1420 Detail]

Download: Florida-2011-S1420-Introduced.html
       Florida Senate - 2011                                    SB 1420
       
       
       
       By Senator Altman
       
       
       
       
       24-00954-11                                           20111420__
    1                        A bill to be entitled                      
    2         An act relating to judicial proceedings in civil
    3         cases; amending s. 25.073, F.S.; conforming provisions
    4         to changes made by the act; providing for the chief
    5         judge of a judicial circuit, subject to approval by
    6         the Chief Justice of the Supreme Court, to establish a
    7         program for retired justices or judges to preside over
    8         civil cases and trials upon written request of one or
    9         more parties; providing for compensation of such
   10         justices or judges; providing for an additional court
   11         cost and for deposit thereof; amending s. 44.104,
   12         F.S.; providing for the procedures governing voluntary
   13         trial resolution to include a jury trial if there is a
   14         right to a jury trial and if at least one party has
   15         requested a jury trial; 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  pay the cost of the retired justice or judge. The use of this
   33  program may not diminish or otherwise affect the power and
   34  authority of the Chief Justice to assign justices or judges,
   35  including consenting retired justices or judges, to temporary
   36  duty in any court for which the justice or judge is qualified or
   37  to delegate to a chief judge of a circuit the power to assign
   38  justices or judges for duty in that circuit. At a minimum, the
   39  program developed under this subsection must be operated as
   40  follows:
   41         (a)1.Any party to the action may request that a retired
   42  justice or judge hear one or more nondispositive motions. The
   43  party may seek appointment of a retired justice or judge to hear
   44  more than one nondispositive motion in that case. The chief
   45  judge of the circuit may not appoint a retired justice or judge
   46  if the trial judge assigned to the case can accommodate the
   47  hearing or hearings within 2 weeks after the request for
   48  appointment of a retired justice or judge.
   49         2.All parties to an action may jointly request a retired
   50  justice or judge to hear one or more dispositive motions or to
   51  conduct the trial of the action, including a trial by special
   52  setting. The chief judge of the circuit may not appoint a
   53  retired justice or judge unless all parties agree to the request
   54  and sufficient court resources are available to accommodate the
   55  request. A party in default is deemed to have consented to the
   56  appointment of a retired justice or judge under this
   57  subparagraph.
   58         (b)1.A party or parties seeking to use a retired justice
   59  or judge must submit a written request to the chief judge,
   60  stating the reasons for the request.
   61         2.Allowable grounds for use of a retired justice or judge
   62  include the unavailability of a hearing time, scheduling
   63  difficulties, difficulties with the availability of witnesses,
   64  or the need to expedite the case. A request may not be granted
   65  if it is apparent that a party is seeking an appointment only in
   66  order to avoid the assigned trial judge.
   67         3.The chief judge must consider the reasons for the
   68  request and shall grant or deny the request in writing within 5
   69  days.
   70         4.Only retired justices or judges who are on the list that
   71  is approved by the Chief Justice are eligible for appointment in
   72  this program. Assignment of such retired justices or judges
   73  shall be made in accordance with current procedures for the
   74  assignment of judges in each judicial circuit. A party may not
   75  request that a particular retired justice or judge be appointed.
   76         5.An appointment shall be for the hearing time requested.
   77  However, the chief judge may appoint a retired justice or judge
   78  to conduct multiple hearings in 1 day involving related or
   79  unrelated cases.
   80         (c)1.Upon granting a request, the chief judge of the
   81  circuit must estimate the number of days required of the retired
   82  justice or judge to complete the hearings or trial and shall
   83  inform the requesting party or parties of the cost.
   84         2.The party or parties who requested the appointment of a
   85  retired justice or judge must prepay the per diem rate of the
   86  retired justice or judge before the hearing or trial based on
   87  the per diem rate then in effect. The minimum charge for
   88  assignment of a retired justice or judge under this subsection
   89  shall be the per diem rate for 1 day, and any required time over
   90  1 day shall be charged in 1-day increments for any additional
   91  days at the per diem rate. The chief judge must set a payment
   92  deadline sufficiently in advance of the date of the hearing or
   93  trial so that the appointment may be timely canceled if
   94  prepayment is not received at least 1 business day before the
   95  scheduled hearing or trial.
   96         3.For purposes of this subsection, the term “per diem
   97  rate” means the cost to the state of 1 day of service by a
   98  retired justice or judge and is calculated by adding the regular
   99  daily rate set by the Chief Justice for retired justices or
  100  judges, plus the employer’s share of required federal taxes, and
  101  plus, if applicable, the justice’s or judge’s travel and other
  102  costs reimbursable under s. 112.061.
  103         4.The per diem paid to a retired justice or judge under
  104  this subsection for 1 day of service for all trials or hearings
  105  conducted on that one day may not exceed the standard per diem
  106  rate for 1 day of service established by the chief justice.
  107         5.Payments made by a party or parties under this program
  108  shall be deposited into the Administrative Trust Fund within the
  109  state courts system under s. 25.3844.
  110         6.A refund may not be paid to any party after a hearing or
  111  trial is scheduled, prepayment is made as required under this
  112  subsection, and the state is required to make payment to the
  113  retired justice or judge. A refund is authorized only if the
  114  assigned retired justice or judge becomes unavailable for
  115  reasons unrelated to the conduct of the parties.
  116         7.A party who is relieved of the requirement to prepay
  117  costs in an action is not relieved of the requirement under this
  118  subsection to prepay the costs of a retired justice or judge
  119  before the request is granted.
  120         (d)1.If a party seeks appointment of a retired justice or
  121  judge to hear one or more motions, the costs of the retired
  122  justice or judge are not taxable against a nonprevailing party.
  123         2.If all parties sought the appointment of a retired
  124  justice or judge to hear motions or conduct the trial, the
  125  amounts paid for the retired justice or judge by a prevailing
  126  party are taxable against a nonprevailing party or the
  127  nonprevailing parties, as provided in chapter 57 and in the
  128  Florida Rules of Civil Procedure.
  129         Section 2. Present subsections (3) through (14) of section
  130  44.104, Florida Statutes, are redesignated as subsections (4)
  131  through (15), respectively, and a new subsection (3) is added to
  132  that section, to read:
  133         44.104 Voluntary binding arbitration and voluntary trial
  134  resolution.—
  135         (3)Voluntary trial resolution may include a jury trial if
  136  there is a right to a jury trial in the civil dispute and if
  137  there has been a request for a jury trial by at least one party.
  138  The trial resolution judge shall preside over the jury trial.
  139  The jury trial conducted as part of the voluntary trial
  140  resolution must be conducted according to the laws applicable to
  141  civil jury trials.
  142         Section 3. This act shall take effect upon becoming a law.

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