HB 1033

1
A bill to be entitled
2An act relating to retirement; amending s. 25.073, F.S.;
3providing for a former justice or judge to be qualified to
4serve as a retired justice or judge under certain
5conditions; providing circumstances under which such
6justice or judge may not serve as a retired justice or
7judge; amending s. 121.053, F.S.; exempting retired judges
8consenting to temporary duty from certain termination and
9reemployment limitations; providing an effective date.
10
11     WHEREAS, the Supreme Court of Florida has certified the
12need for additional judgeships to meet the workload of the
13court, but due to economic conditions, none have been funded by
14the Legislature since 2007, and
15     WHEREAS, the trial courts in this state have experienced a
16tremendous increase in foreclosure cases, and
17     WHEREAS, senior judges provide temporary replacement
18coverage of scheduled dockets of judges who become ill, injured,
19or unexpectedly obligated to attend to other duties, and, thus,
20prevent litigants from suffering unwanted delay of their cases,
21and
22     WHEREAS, unlike other employees who return to state service
23after retirement, senior judges are paid a daily fixed stipend,
24and
25     WHEREAS, a 1-year delay in a retired judge's performance of
26senior judge duties will detrimentally affect the currency of
27experience and critical skills required of a judge to properly
28and appropriately rule on legal issues, NOW, THEREFORE,
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Present subsections (2) and (3) of section
3325.073, Florida Statutes, are renumbered as subsections (3) and
34(4), respectively, and a new subsection (2) is added to that
35section, to read:
36     25.073  Retired justices or judges assigned to temporary
37duty; additional compensation; appropriation.-
38     (2)  Notwithstanding subsection (1), a former justice or
39judge who has failed to win reelection or be retained after more
40than 12 years of service as a justice or judge may be qualified
41to serve as a retired justice or judge unless:
42     (a)  The former justice or judge has been reprimanded,
43fined, suspended, or disciplined by the Florida Supreme Court
44for violations of the Florida Code of Judicial Conduct or the
45rules regulating The Florida Bar;
46     (b)  The Judicial Qualifications Commission has brought
47charges against the former justice or judge which were not
48dismissed, or the former justice or judge was not exonerated of
49all such charges; or
50     (c)  Any party objects to the assignment of the former
51justice or judge when the former justice or judge is to preside
52over a civil case, including any appeal of a civil case.
53     Section 2.  Subsection (6) of section 121.053, Florida
54Statutes, is amended to read:
55     121.053  Participation in the Elected Officers' Class for
56retired members.-
57     (6)  A retired judge consenting to temporary duty in any
58court, as assigned by the Chief Justice of the Supreme Court in
59accordance with s. 2, Art. V of the State Constitution, is not
60subject to the renewed membership provisions of this section, to
61termination as defined in s. 121.021(39), or to the 12-month
62reemployment limitation in s. 121.091(9).
63     Section 3.  This act shall take effect July 1, 2011.


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