Bill Text: FL S0130 | 2010 | Regular Session | Comm Sub

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Bill Title: Judicial Proceedings in Civil Cases [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Criminal and Civil Justice Appropriations [S0130 Detail]

Download: Florida-2010-S0130-Comm_Sub.html

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Florida Senate - 2010                              CS for SB 130 
 
By the Committee on Judiciary; and Senator Altman 
590-02752-10                                           2010130c1 
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  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 circuit the power 
38  to assign justices or judges for duty in that circuit. At a 
39  minimum, the program developed under this subsection shall be 
40  operated as follows: 
41         (a)1. Any party to the action may request a retired justice 
42  or judge to hear one or more nondispositive motions. The party 
43  may seek appointment of a retired justice or judge to hear more 
44  than one nondispositive motion in that case. The chief judge of 
45  the circuit shall not appoint a retired justice or judge if the 
46  trial judge assigned to the case can accommodate the hearing or 
47  hearings within 2 weeks after the request for appointment of a 
48  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 shall 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 shall be deemed to have consented to 
56  the 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 shall 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 shall 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 shall 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 judge assignment 
74  procedures in each judicial circuit. A party may not request 
75  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 shall estimate the number of days required of the 
82  retired justice or judge to complete the hearings or trial and 
83  shall 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 shall 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 shall set a payment 
92  deadline sufficiently prior to the date of the hearing or trial 
93  so that the appointment may be timely canceled if prepayment is 
94  not received at least 1 business day before the scheduled 
95  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 shall be calculated by adding the 
99  regular daily rate set by the Chief Justice for retired justices 
100  or judges, plus the employer’s share of required federal taxes, 
101  and plus, if applicable, the justice’s or judge’s travel and 
102  other 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 shall 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 Operating Trust Fund within the 
109  state courts system under s. 25.3844. 
110         6. Once a hearing or trial is scheduled, prepayment is made 
111  as required under this subsection, and the state is required to 
112  make payment to the retired justice or judge, there shall be no 
113  refund. A refund is authorized only if the assigned retired 
114  justice or judge becomes unavailable for reasons unrelated to 
115  the conduct of the parties. 
116         7. A person who has been relieved of the requirement to 
117  prepay costs in an action may not be relieved of the requirement 
118  under this subsection to prepay the costs of a retired justice 
119  or judge prior to a request being granted. 
120         (d)1. If a party seeks appointment of a retired justice or 
121  judge to hear one or more motions, the cost of the retired 
122  justice or judge shall not be taxable against a nonprevailing 
123  party. 
124         2. If all parties sought the appointment of a retired 
125  justice or judge to hear motions or conduct the trial, the 
126  amounts paid for the retired justice or judge by a prevailing 
127  party shall be taxable against a nonprevailing party or the 
128  nonprevailing parties, as provided in chapter 57 and in the 
129  Florida Rules of Civil Procedure. 
130         Section 2. Present subsections (3) through (14) of section 
131  44.104, Florida Statutes, are redesignated as subsections (4) 
132  through (15), respectively, and a new subsection (3) is added to 
133  that section, to read: 
134         44.104 Voluntary binding arbitration and voluntary trial 
135  resolution.— 
136         (3) Voluntary trial resolution may include a jury trial if 
137  there is a right to a jury trial in the civil dispute and if 
138  there has been a request for a jury trial by at least one party. 
139  The trial resolution judge shall preside over the jury trial. 
140  The jury trial conducted as part of the voluntary trial 
141  resolution shall be conducted according to the laws applicable 
142  to civil jury trials. 
143         Section 3. This act shall take effect upon becoming a law.