Bill Text: FL S0296 | 2013 | Regular Session | Introduced
Bill Title: Retirement
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2013-05-03 - Died in Judiciary [S0296 Detail]
Download: Florida-2013-S0296-Introduced.html
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.
