Florida Senate - 2013                                    SB 1750
       
       
       
       By Senator Negron
       
       
       
       
       32-01271A-13                                          20131750__
    1                        A bill to be entitled                      
    2         An act relating to postconviction capital case
    3         proceedings; providing a short title; amending ss.
    4         27.40, 27.51, 27.511, 27.5303, and 27.5304, F.S.;
    5         removing the right to have appointed counsel in
    6         clemency proceedings; repealing s. 27.701(2), F.S.,
    7         relating to the pilot project for capital
    8         representation; amending s. 27.702, F.S.; providing
    9         that the capital collateral regional counsel and the
   10         attorneys appointed pursuant to law shall file only
   11         those postconviction or collateral actions authorized
   12         by statute; amending s. 27.703, F.S.; providing that
   13         if the collateral counsel believes continued
   14         representation of a person creates a conflict of
   15         interest, the court shall hold a hearing to determine
   16         if a conflict actually exists; amending s. 27.708,
   17         F.S.; directing capital collateral counsel to comply
   18         with statutory requirements rather than rules of
   19         court; amending s. 27.7081, F.S., relating to public
   20         records; defining terms; describing access to public
   21         records; proscribing procedures to obtain relevant
   22         records; amending s. 27.7091, F.S.; removing a request
   23         to the Supreme Court to adopt by rule the provisions
   24         that limit the time for postconviction proceedings in
   25         capital cases; amending s. 27.711, F.S.; revising
   26         provisions to conform to changes made by the act;
   27         amending s. 922.095, F.S.; providing that any
   28         postconviction claim not pursued within the statutory
   29         time limits is barred; reenacting s. 922.108, F.S.,
   30         relating to sentencing orders in capital cases;
   31         amending s. 924.055, F.S.; providing legislative
   32         intent; directing courts to expedite postconviction
   33         proceedings; amending s. 924.056, F.S.; providing that
   34         the section governs all postconviction proceedings in
   35         every capital case in which the conviction and
   36         sentence of death have been affirmed on direct appeal
   37         on or after a specified date; providing for the
   38         appointment of postconviction counsel; amending
   39         s.924.057, F.S.; providing that the section governs
   40         all postconviction proceeding to capital
   41         postconviction actions brought before a specified
   42         date; making technical changes; amending s. 924.058,
   43         F.S.; providing that the section regulates procedures
   44         in actions involving successive postconviction motions
   45         in all postconviction proceedings in capital cases
   46         affirmed on or after a specified date; creating s.
   47         924.0581, F.S.; providing that the section governs
   48         capital postconviction appeals to the Florida Supreme
   49         Court in every capital case in which the conviction
   50         and sentence of death have been affirmed on direct
   51         appeal on or after a specified date; creating s.
   52         924.0585, F.S.; requiring the Florida Supreme Court to
   53         annually report to the Speaker of the Florida House of
   54         Representatives and the President of the Florida
   55         Senate concerning the status of each capital case in
   56         which a postconviction action has been filed that has
   57         been pending for more than 3 years; amending s.
   58         924.059, F.S.; providing procedures to resolve
   59         conflicts of interest in capital postconviction
   60         proceedings; creating s. 924.0591, F.S.; providing
   61         that a death-sentenced inmate pursuing collateral
   62         relief who is found by the court to be mentally
   63         incompetent shall not be proceeded against; providing
   64         procedures for competency examinations and hearings;
   65         creating s. 924.0592, F.S.; providing that the section
   66         governs all postconviction proceedings in every
   67         capital case in which the conviction and sentence of
   68         death have been affirmed on direct appeal on or after
   69         a specified date and in which a death warrant has been
   70         issued; creating s. 924.0593, F.S.; governing
   71         procedures relating to claims of insanity at the time
   72         of execution; creating s. 924.0594, F.S.; providing
   73         procedures that apply if an inmate seeks both to
   74         dismiss a pending postconviction proceeding and to
   75         discharge collateral counsel; providing for
   76         severability; providing for a contingent effective
   77         date.
   78  
   79         WHEREAS, it is in the best interest of the administration
   80  of justice that a sentence of death ordered by a court of this
   81  state be carried out in a manner that is fair, just, and humane
   82  and that conforms to constitutional requirements, and
   83         WHEREAS, in order for capital punishment to be fair, just,
   84  and humane for both the family of victims and for offenders,
   85  there must be a prompt and efficient administration of justice
   86  following any sentence of death ordered by the courts of this
   87  state, and
   88         WHEREAS, in order to ensure the fair, just, and humane
   89  administration of capital punishment, it is necessary for the
   90  Legislature to comprehensively address the processes by which an
   91  offender sentenced to death may pursue postconviction and
   92  collateral review of the judgment and the sentence of death, and
   93         WHEREAS, the Death Penalty Reform Act of 2000, chapter
   94  2000-3, Laws of Florida, was designed to accomplish these
   95  objectives and was passed by the Legislature and approved by the
   96  Governor of Florida in January of 2000, and
   97         WHEREAS, the Death Penalty Reform Act of 2000, chapter
   98  2000-3, Laws of Florida, was declared unconstitutional by the
   99  Florida Supreme Court three months after becoming a law in Allen
  100  v. Butterworth, 756 So.2d 52 (Fla. 2000), as being an
  101  encroachment on the court’s “exclusive power to ‘adopt rules for
  102  the practice and procedure in all courts,’” and
  103         WHEREAS, the Constitution of the State of Florida has been
  104  amended to require postconviction and collateral review of
  105  capital cases resulting in a sentence of death to be governed
  106  by, and to the extent provided by, general law, and
  107         WHEREAS, provisions of the Death Penalty Reform Act of 2000
  108  which were held unconstitutional may now be reenacted, while
  109  other provisions can be modified, and new provisions added to
  110  ensure a prompt and efficient administration of justice
  111  following any sentence of death, NOW, THEREFORE,
  112  
  113  Be It Enacted by the Legislature of the State of Florida:
  114  
  115         Section 1. This act may be cited as the “Timely Justice
  116  Act.”
  117         Section 2. Effective July 1, 2013, subsection (1) of
  118  section 27.40, Florida Statutes, is amended to read:
  119         27.40 Court-appointed counsel; circuit registries; minimum
  120  requirements; appointment by court.—
  121         (1) Counsel shall be appointed to represent any individual
  122  in a criminal or civil proceeding entitled to court-appointed
  123  counsel under the Federal or State Constitution or as authorized
  124  by general law. Such proceedings do not include proceedings for
  125  relief by executive clemency in which the application for
  126  executive clemency was filed on or after July 1, 2013. The court
  127  shall appoint a public defender to represent indigent persons as
  128  authorized in s. 27.51. The office of criminal conflict and
  129  civil regional counsel shall be appointed to represent persons
  130  in those cases in which provision is made for court-appointed
  131  counsel but the public defender is unable to provide
  132  representation due to a conflict of interest or is not
  133  authorized to provide representation.
  134         Section 3. Effective July 1, 2013, paragraph (a) of
  135  subsection (5) of section 27.51, Florida Statutes, is amended to
  136  read:
  137         27.51 Duties of public defender.—
  138         (5)(a) When direct appellate proceedings prosecuted by a
  139  public defender on behalf of an accused and challenging a
  140  judgment of conviction and sentence of death terminate in an
  141  affirmance of such conviction and sentence, whether by the
  142  Florida Supreme Court or by the United States Supreme Court or
  143  by expiration of any deadline for filing such appeal in a state
  144  or federal court, the public defender shall notify the accused
  145  of his or her rights pursuant to Rule 3.850, Florida Rules of
  146  Criminal Procedure, including any time limits pertinent thereto,
  147  and shall advise such person that representation in any
  148  collateral proceedings is the responsibility of the capital
  149  collateral regional counsel. The public defender shall then
  150  forward all original files on the matter to the capital
  151  collateral regional counsel, retaining such copies for his or
  152  her files as may be desired. However, for clemency applications
  153  pending or filed before July 1, 2013, the trial court shall
  154  retain the power to appoint the public defender or other
  155  attorney not employed by the capital collateral regional counsel
  156  to represent such person in proceedings for relief by executive
  157  clemency pursuant to ss. 27.40 and 27.5303.
  158         Section 4. Paragraph (a) of subsection (5) of section
  159  27.51, Florida Statutes, as amended by this act, is amended to
  160  read:
  161         27.51 Duties of public defender.—
  162         (5)(a) When direct appellate proceedings prosecuted by a
  163  public defender on behalf of an accused and challenging a
  164  judgment of conviction and sentence of death terminate in an
  165  affirmance of such conviction and sentence, whether by the
  166  Florida Supreme Court or by the United States Supreme Court or
  167  by expiration of any deadline for filing such appeal in a state
  168  or federal court, the public defender shall notify the accused
  169  of his or her rights pursuant to s. 924.056 Rule 3.850, Florida
  170  Rules of Criminal Procedure, including any time limits pertinent
  171  thereto, and shall advise such person that representation in any
  172  collateral proceedings is the responsibility of the capital
  173  collateral regional counsel. The public defender shall then
  174  forward all original files on the matter to the capital
  175  collateral regional counsel, retaining such copies for his or
  176  her files as may be desired. However, for clemency applications
  177  pending or filed before July 1, 2013, the trial court shall
  178  retain the power to appoint the public defender or other
  179  attorney not employed by the capital collateral regional counsel
  180  to represent such person in proceedings for relief by executive
  181  clemency pursuant to ss. 27.40 and 27.5303.
  182         Section 5. Effective July 1, 2013, subsection (9) of
  183  section 27.511, Florida Statutes, is amended to read:
  184         27.511 Offices of criminal conflict and civil regional
  185  counsel; legislative intent; qualifications; appointment;
  186  duties.—
  187         (9) When direct appellate proceedings prosecuted by the
  188  office of criminal conflict and civil regional counsel on behalf
  189  of an accused and challenging a judgment of conviction and
  190  sentence of death terminate in an affirmance of such conviction
  191  and sentence, whether by the Supreme Court or by the United
  192  States Supreme Court or by expiration of any deadline for filing
  193  such appeal in a state or federal court, the office of criminal
  194  conflict and civil regional counsel shall notify the accused of
  195  his or her rights pursuant to Rule 3.850, Florida Rules of
  196  Criminal Procedure, including any time limits pertinent thereto,
  197  and shall advise such person that representation in any
  198  collateral proceedings is the responsibility of the capital
  199  collateral regional counsel. The office of criminal conflict and
  200  civil regional counsel shall forward all original files on the
  201  matter to the capital collateral regional counsel, retaining
  202  such copies for his or her files as may be desired or required
  203  by law. However, for clemency applications pending or filed
  204  before July 1, 2013, the trial court shall retain the power to
  205  appoint the office of criminal conflict and civil regional
  206  counsel or other attorney not employed by the capital collateral
  207  regional counsel to represent such person in proceedings for
  208  relief by executive clemency pursuant to ss. 27.40 and 27.5303.
  209         Section 6. Subsection (9) of section 27.511, Florida
  210  Statutes, as amended by this act, is amended to read:
  211         27.511 Offices of criminal conflict and civil regional
  212  counsel; legislative intent; qualifications; appointment;
  213  duties.—
  214         (9) When direct appellate proceedings prosecuted by the
  215  office of criminal conflict and civil regional counsel on behalf
  216  of an accused and challenging a judgment of conviction and
  217  sentence of death terminate in an affirmance of such conviction
  218  and sentence, whether by the Supreme Court or by the United
  219  States Supreme Court or by expiration of any deadline for filing
  220  such appeal in a state or federal court, the office of criminal
  221  conflict and civil regional counsel shall notify the accused of
  222  his or her rights pursuant to s. 924.056 Rule 3.850, Florida
  223  Rules of Criminal Procedure, including any time limits pertinent
  224  thereto, and shall advise such person that representation in any
  225  collateral proceedings is the responsibility of the capital
  226  collateral regional counsel. The office of criminal conflict and
  227  civil regional counsel shall forward all original files on the
  228  matter to the capital collateral regional counsel, retaining
  229  such copies for his or her files as may be desired or required
  230  by law. However, for clemency applications pending or filed
  231  before July 1, 2013, the trial court shall retain the power to
  232  appoint the office of criminal conflict and civil regional
  233  counsel or other attorney not employed by the capital collateral
  234  regional counsel to represent such person in proceedings for
  235  relief by executive clemency pursuant to ss. 27.40 and 27.5303.
  236         Section 7. Effective July 1, 2013, subsection (4) of
  237  section 27.5303, Florida Statutes, is amended to read:
  238         27.5303 Public defenders; criminal conflict and civil
  239  regional counsel; conflict of interest.—
  240         (4)(a) If a defendant is convicted and the death sentence
  241  is imposed, the appointed attorney shall continue representation
  242  through appeal to the Supreme Court. The attorney shall be
  243  compensated as provided in s. 27.5304. If the attorney first
  244  appointed is unable to handle the appeal, the court shall
  245  appoint another attorney and that attorney shall be compensated
  246  as provided in s. 27.5304.
  247         (b) The public defender or an attorney appointed pursuant
  248  to this section may be appointed by the court rendering the
  249  judgment imposing the death penalty to represent an indigent
  250  defendant who, before July 1, 2013, has an application for
  251  executive clemency pending or has applied for executive clemency
  252  as relief from the execution of the judgment imposing the death
  253  penalty.
  254         (c) When the appointed attorney in a capital case has
  255  completed the duties imposed by this section, the attorney shall
  256  file a written report in the trial court stating the duties
  257  performed by the attorney and apply for discharge.
  258         Section 8. Effective July 1, 2013, subsection (5) of
  259  section 27.5304, Florida Statutes, is amended to read:
  260         27.5304 Private court-appointed counsel; compensation;
  261  notice.—
  262         (5) The compensation for representation in a criminal
  263  proceeding shall not exceed the following:
  264         (a)1. For misdemeanors and juveniles represented at the
  265  trial level: $1,000.
  266         2. For noncapital, nonlife felonies represented at the
  267  trial level: $2,500.
  268         3. For life felonies represented at the trial level:
  269  $3,000.
  270         4. For capital cases represented at the trial level:
  271  $15,000. For purposes of this subparagraph, a “capital case” is
  272  any offense for which the potential sentence is death and the
  273  state has not waived seeking the death penalty.
  274         5. For representation on appeal: $2,000.
  275         (b) If a death sentence is imposed and affirmed on appeal
  276  to the Supreme Court, the appointed attorney shall be allowed
  277  compensation, not to exceed $1,000, for attorney fees and costs
  278  incurred in representing the defendant as to an application for
  279  executive clemency submitted before July 1, 2013, with
  280  compensation to be paid out of general revenue from funds
  281  budgeted to the Department of Corrections.
  282         Section 9. Effective July 1, 2013, subsection (2) of
  283  section 27.701, Florida Statutes, is repealed.
  284         Section 10. Subsection (1) of section 27.702, Florida
  285  Statutes, is amended to read:
  286         27.702 Duties of the capital collateral regional counsel;
  287  reports.—
  288         (1) The capital collateral regional counsel shall represent
  289  each person convicted and sentenced to death in this state for
  290  the sole purpose of instituting and prosecuting collateral
  291  actions challenging the legality of the judgment and sentence
  292  imposed against such person in the state courts, federal courts
  293  in this state, the United States Court of Appeals for the
  294  Eleventh Circuit, and the United States Supreme Court. The
  295  capital collateral regional counsel and the attorneys appointed
  296  pursuant to s. 27.710 shall file only those postconviction or
  297  collateral actions authorized by statute. The three capital
  298  collateral regional counsel’s offices shall function
  299  independently and be separate budget entities, and the regional
  300  counsel shall be the office heads for all purposes. The Justice
  301  Administrative Commission shall provide administrative support
  302  and service to the three offices to the extent requested by the
  303  regional counsel. The three regional offices shall not be
  304  subject to control, supervision, or direction by the Justice
  305  Administrative Commission in any manner, including, but not
  306  limited to, personnel, purchasing, transactions involving real
  307  or personal property, and budgetary matters.
  308         Section 11. Effective July 1, 2013, paragraph (b) of
  309  subsection (4) of section 27.702, Florida Statutes, is amended
  310  to read:
  311         27.702 Duties of the capital collateral regional counsel;
  312  reports.—
  313         (4)
  314         (b) Each capital collateral regional counsel and each
  315  attorney participating in the pilot program in the northern
  316  region pursuant to s. 27.701(2) shall provide a quarterly report
  317  to the President of the Senate and the Speaker of the House of
  318  Representatives which details the number of hours worked by
  319  investigators and legal counsel per case and the amounts per
  320  case expended during the preceding quarter in investigating and
  321  litigating capital collateral cases.
  322         Section 12. Section 27.703, Florida Statutes, is reenacted
  323  to read:
  324         27.703 Conflict of interest and substitute counsel.—
  325         (1) The capital collateral regional counsel shall not
  326  accept an appointment or take any other action that will create
  327  a conflict of interest. If, at any time during the
  328  representation of a person, the capital collateral regional
  329  counsel alleges determines that the continued representation of
  330  that person creates a conflict of interest, the sentencing court
  331  shall hold a hearing in accordance with s. 924.059 to determine
  332  if an actual conflict exists. If the court determines that an
  333  actual conflict exists and that such conflict will adversely
  334  affect the capital collateral regional counsel’s performance,
  335  the court shall, upon application by the regional counsel,
  336  designate another regional counsel. If the replacement regional
  337  counsel alleges that a conflict of interest exists, the
  338  sentencing court shall hold a hearing in accordance with s.
  339  924.059 to determine if an actual conflict exists. If the court
  340  determines that an actual conflict exists and that such conflict
  341  will adversely affect the replacement regional counsel’s
  342  performance, the court shall and, only if a conflict exists with
  343  the other two counsel, appoint one or more members of The
  344  Florida Bar to represent the person one or more of such persons.
  345         (2) Appointed counsel shall be paid from funds appropriated
  346  to the Chief Financial Officer. The hourly rate may not exceed
  347  $100. However, all appointments of private counsel under this
  348  section shall be in accordance with ss. 27.710 and 27.711.
  349         (3) Prior to employment, counsel appointed pursuant to this
  350  section must have participated in at least five felony jury
  351  trials, five felony appeals, or five capital postconviction
  352  evidentiary hearings, or any combination of at least five of
  353  such proceedings.
  354         Section 13. Section 27.708, Florida Statutes, is amended to
  355  read:
  356         27.708 Access to inmates prisoners; compliance with the
  357  Florida Rules of Criminal Procedure; records requests.—
  358         (1) Each capital collateral regional counsel and his or her
  359  assistants may inquire of all persons sentenced to death who are
  360  incarcerated and tender them advice and counsel at any
  361  reasonable time, but this section does not apply with respect to
  362  persons who are represented by other counsel.
  363         (2) The capital collateral regional counsel and contracted
  364  private counsel must timely comply with all statutory
  365  requirements provisions of the Florida Rules of Criminal
  366  Procedure governing collateral review of capital cases.
  367         (3) Except as provided in s. 27.7081, the capital
  368  collateral regional counsel or contracted private counsel shall
  369  not make any public records request on behalf of his or her
  370  client.
  371         Section 14. Section 27.7081, Florida Statutes, is amended
  372  to read:
  373         (Substantial rewording of section.
  374         See s. 27.7081, F.S., for present text.)
  375         27.7081 Capital postconviction public records production.—
  376         (1) DEFINITIONS.—As used in this section, the term:
  377         (a) “Agency” has the same meaning as provided in s.
  378  119.011.
  379         (b) “Collateral counsel” means a capital collateral
  380  regional counsel from one of the three regions in Florida, a
  381  private attorney who has been appointed to represent a capital
  382  defendant for postconviction litigation, or a private attorney
  383  who has been hired by the capital defendant or who has agreed to
  384  work pro bono for a capital defendant for postconviction
  385  litigation.
  386         (c) “Public records” has the same meaning as provided in s.
  387  119.011.
  388         (d) “Trial court” means:
  389         1. The judge who entered the judgment and imposed the
  390  sentence of death; or
  391         2. If a motion for postconviction relief in a capital case
  392  has been filed and a different judge has already been assigned
  393  to that motion, the judge who is assigned to rule on that
  394  motion.
  395         (2) APPLICABILITY AND SCOPE.—This section only applies to
  396  the production of public records for capital postconviction
  397  defendants and does not change or alter the time periods
  398  specified in s. 924.056 or s. 924.058. Furthermore, this section
  399  does not affect, expand, or limit the production of public
  400  records for any purposes other than use in a proceeding held
  401  pursuant to s. 924.056 or s. 924.058. This section shall not be
  402  a basis for renewing public records requests that have been
  403  initiated previously or for relitigating issues pertaining to
  404  production of public records upon which a court has ruled prior
  405  to July 1, 2015. Public records requests made in postconviction
  406  proceedings in capital cases in which the conviction and
  407  sentence of death have been affirmed on direct appeal before
  408  July 1, 2015, shall be governed by the rules and laws in effect
  409  immediately prior to the effective date of this act.
  410         (3) RECORDS REPOSITORY.—The Secretary of State shall
  411  establish and maintain a records repository for the purpose of
  412  archiving capital postconviction public records as provided for
  413  in this section.
  414         (4) FILING AND SERVICE.—
  415         (a) The original of all notices, requests, or objections
  416  filed under this section must be filed with the clerk of the
  417  trial court. Copies must be served on the trial court, the
  418  Attorney General, the state attorney, collateral counsel, and
  419  any affected person or agency, unless otherwise required by this
  420  section.
  421         (b)Service shall be made pursuant to Florida Rule of
  422  Criminal Procedure 3.030.
  423         (c) In all instances requiring written notification or
  424  request, the party who has the obligation of providing a
  425  notification or request shall provide proof of receipt.
  426         (d)Persons and agencies receiving postconviction public
  427  records notifications or requests pursuant to this section are
  428  not required to furnish records filed in a trial court prior to
  429  the receipt of the notice.
  430         (5)ACTION UPON ISSUANCE OF THE MANDATE ON DIRECT APPEAL.—
  431         (a)Within 15 days after receiving written notification of
  432  the Supreme Court of Florida’s mandate affirming the sentence of
  433  death, the Attorney General shall file with the trial court a
  434  written notice of the mandate and serve a copy of it upon the
  435  state attorney who prosecuted the case, the Department of
  436  Corrections, and the defendant’s trial counsel. The notice to
  437  the state attorney shall direct the state attorney to submit
  438  public records to the records repository within 90 days after
  439  receipt of written notification and to notify each law
  440  enforcement agency involved in the investigation of the capital
  441  offense to submit public records to the records repository
  442  within 90 days after receipt of written notification. The notice
  443  to the Department of Corrections shall direct the department to
  444  submit public records to the records repository within 90 days
  445  after receipt of written notification.
  446         (b)Within 90 days after receiving written notification of
  447  issuance of the Supreme Court of Florida’s mandate affirming a
  448  death sentence, the state attorney shall provide written
  449  notification to the Attorney General of the name and address of
  450  any additional person or agency that has public records
  451  pertinent to the case.
  452         (c)Within 90 days after receiving written notification of
  453  issuance of the Supreme Court of Florida’s mandate affirming a
  454  death sentence, the defendant’s trial counsel shall provide
  455  written notification to the Attorney General of the name and
  456  address of any person or agency with information pertinent to
  457  the case which has not previously been provided to collateral
  458  counsel.
  459         (d)Within 15 days after receiving written notification of
  460  any additional person or agency pursuant to paragraphs (b) or
  461  (c), the Attorney General shall notify all persons or agencies
  462  identified pursuant to paragraphs (b) or (c) that these persons
  463  or agencies are required by law to copy, index, and deliver to
  464  the records repository all public records pertaining to the case
  465  that are in their possession. The person or agency shall bear
  466  the costs related to copying, indexing, and delivering the
  467  records.
  468         (6)ACTION UPON RECEIPT OF NOTICE OF MANDATE.—
  469         (a) Within 15 days after receipt of a written notice of the
  470  mandate from the Attorney General, the state attorney shall
  471  provide written notification to each law enforcement agency
  472  involved in the specific case to submit public records to the
  473  records repository within 90 days after receipt of written
  474  notification. A copy of the notice shall be served upon the
  475  defendant’s trial counsel.
  476         (b)Within 90 days after receipt of a written notice of the
  477  mandate from the Attorney General, the state attorney shall
  478  copy, index, and deliver to the records repository all public
  479  records that were produced in the state attorney’s investigation
  480  or prosecution of the case. The state attorney shall bear the
  481  costs. The state attorney shall also provide written
  482  notification to the Attorney General of compliance with this
  483  section, including certifying that, to the best of the state
  484  attorney’s knowledge or belief, all public records in the state
  485  attorney’s possession have been copied, indexed, and delivered
  486  to the records repository as required by this section.
  487         (c)Within 90 days after receipt of written notification of
  488  the mandate from the Attorney General, the Department of
  489  Corrections shall copy, index, and deliver to the records
  490  repository all public records determined by the department to be
  491  relevant to the subject matter of a proceeding under s. 924.056
  492  or s. 924.058, unless such copying, indexing, and delivering
  493  would be unduly burdensome. The department shall bear the costs.
  494  The secretary of the department shall provide written
  495  notification to the Attorney General of compliance with this
  496  paragraph certifying that, to the best of the secretary of the
  497  department’s knowledge or belief, all such public records in the
  498  possession of the secretary of the department have been copied,
  499  indexed, and delivered to the records repository.
  500         (d)Within 90 days after receipt of written notification of
  501  the mandate from the state attorney, a law enforcement agency
  502  shall copy, index, and deliver to the records repository all
  503  public records which were produced in the investigation or
  504  prosecution of the case. Each agency shall bear the costs. The
  505  chief law enforcement officer of each law enforcement agency
  506  shall provide written notification to the Attorney General of
  507  compliance with this paragraph including certifying that, to the
  508  best of the chief law enforcement officer’s knowledge or belief,
  509  all such public records in possession of the agency or in
  510  possession of any employee of the agency, have been copied,
  511  indexed, and delivered to the records repository.
  512         (e)Within 90 days after receipt of written notification of
  513  the mandate from the Attorney General, each additional person or
  514  agency identified pursuant to paragraphs (5)(b) or (5)(c) shall
  515  copy, index, and deliver to the records repository all public
  516  records which were produced during the prosecution of the case.
  517  The person or agency shall bear the costs. The person or agency
  518  shall provide written notification to the Attorney General of
  519  compliance with this subdivision and shall certify, to the best
  520  of the person or agency’s knowledge and belief, all such public
  521  records in the possession of the person or agency have been
  522  copied, indexed, and delivered to the records repository.
  523         (7)EXEMPT OR CONFIDENTIAL PUBLIC RECORDS.—
  524         (a)Any public records delivered to the records repository
  525  pursuant to this section that are confidential or exempt from
  526  the requirements of s. 119.07(1) or Art. I, Section 24(a),
  527  Florida Constitution, must be separately contained, without
  528  being redacted, and sealed. The outside of the container must
  529  clearly identify that the public record is confidential or
  530  exempt and that the seal may not be broken without an order of
  531  the trial court. The outside of the container must identify the
  532  nature of the public records and the legal basis for the
  533  exemption.
  534         (b)Upon the entry of an appropriate court order, sealed
  535  containers subject to an inspection by the trial court shall be
  536  shipped to the clerk of court. The containers may be opened only
  537  for inspection by the trial court in camera. The moving party
  538  shall bear all costs associated with the transportation and
  539  inspection of such records by the trial court. The trial court
  540  shall perform the unsealing and inspection without ex parte
  541  communications and in accord with procedures for reviewing
  542  sealed documents.
  543         (8)DEMAND FOR ADDITIONAL PUBLIC RECORDS.—
  544         (a)Within 240 days after collateral counsel is appointed,
  545  retained, or appears pro bono, such counsel shall send a written
  546  demand for additional public records to each person or agency
  547  submitting public records or identified as having information
  548  pertinent to the case under subsection (5).
  549         (b)Within 90 days of receipt of the written demand, each
  550  person or agency notified under this subsection shall deliver to
  551  the records repository any additional public records in the
  552  possession of the person or agency that pertain to the case and
  553  shall certify to the best of the person or agency’s knowledge
  554  and belief that all additional public records have been
  555  delivered to the records repository or, if no additional public
  556  records are found, shall recertify that the public records
  557  previously delivered are complete.
  558         (c)Within 60 days of receipt of the written demand, any
  559  person or agency may file with the trial court an objection to
  560  the written demand described in paragraph (a). The trial court
  561  shall hold a hearing and issue a ruling within 30 days after the
  562  filing of any objection, ordering a person or agency to produce
  563  additional public records if the court determines each of the
  564  following exists:
  565         1.Collateral counsel has made a timely and diligent search
  566  as provided in this section.
  567         2.Collateral counsel’s written demand identifies, with
  568  specificity, those additional public records that are not at the
  569  records repository.
  570         3.The additional public records sought are relevant to the
  571  subject matter of a postconviction proceeding under s. 924.056
  572  or s. 924.058, or appear reasonably calculated to lead to the
  573  discovery of admissible evidence.
  574         4.The additional public records request is not overly
  575  broad or unduly burdensome.
  576         (9) LIMITATION ON POSTPRODUCTION REQUEST FOR ADDITIONAL
  577  RECORDS.—
  578         (a)In order to obtain public records in addition to those
  579  provided under subsections (6), (7), and (8), collateral counsel
  580  shall file an affidavit in the trial court which:
  581         1.Attests that collateral counsel has made a timely and
  582  diligent search of the records repository; and
  583         2.Identifies with specificity those public records not at
  584  the records repository; and
  585         3.Establishes that the additional public records are
  586  either relevant to the subject matter of the postconviction
  587  proceeding or are reasonably calculated to lead to the discovery
  588  of admissible evidence; and
  589         4.Shall be served in accord with subsection (4).
  590         (b)Within 30 days after the affidavit of collateral
  591  counsel is filed, the trial court shall order a person or agency
  592  to produce additional public records only upon finding each of
  593  the following:
  594         1.Collateral counsel has made a timely and diligent search
  595  of the records repository;
  596         2.Collateral counsel’s affidavit identifies with
  597  specificity those additional public records that are not at the
  598  records repository;
  599         3.The additional public records sought are either relevant
  600  to the subject matter of a capital postconviction proceeding or
  601  appear reasonably calculated to lead to the discovery of
  602  admissible evidence; and
  603         4.The additional records request is not overly broad or
  604  unduly burdensome.
  605         (10)Collateral counsel shall provide the personnel,
  606  supplies, and any necessary equipment to copy records held at
  607  the records repository.
  608         (11)AUTHORITY OF THE COURT.—In proceedings under this
  609  section the trial court may:
  610         (a)Compel or deny disclosure of records;
  611         (b)Conduct an in-camera inspection;
  612         (c) Extend the times in this section upon a showing of good
  613  cause;
  614         (d) Impose sanctions upon any party, person, or agency
  615  affected by this section including initiating contempt
  616  proceedings, taxing expenses, extending time, ordering facts to
  617  be established, and granting other relief; and
  618         (e) Resolve any dispute arising under this section unless
  619  jurisdiction is in an appellate court.
  620         (12) SCOPE OF PRODUCTION AND RESOLUTION OF PRODUCTION
  621  ISSUES.—
  622         (a) Unless otherwise limited, the scope of production under
  623  any part of this section shall be that the public records sought
  624  are not privileged or immune from production and are either
  625  relevant to the subject matter of a postconviction proceeding
  626  under s. 924.056 or s. 924.058 or are reasonably calculated to
  627  lead to the discovery of admissible evidence.
  628         (b) Any objections or motions to compel production of
  629  public records pursuant to this section shall be filed within 30
  630  days after the end of the production time period provided by
  631  this section. Counsel for the party objecting or moving to
  632  compel shall file a copy of the objection or motion directly
  633  with the trial court. The trial court shall hold a hearing on
  634  the objection or motion on an expedited basis.
  635         (c) The trial court may order mediation for any controversy
  636  as to public records production pursuant to this section in
  637  accord with Florida Rules of Civil Procedure 1.700, 1.710,
  638  1.720, 1.730, or the trial court may refer any such controversy
  639  to a magistrate in accord with Florida Rule of Civil Procedure
  640  1.490.
  641         (13) DESTRUCTION OF RECORDS REPOSITORY RECORDS.—Sixty days
  642  after a capital sentence is carried out, after a defendant is
  643  released from incarceration following the granting of a pardon
  644  or reversal of the sentence, or after a defendant has been
  645  resentenced to a term of years, the Attorney General shall
  646  provide written notification of this occurrence to the secretary
  647  of State. After the expiration of the 60 days, the Secretary of
  648  State may then destroy the copies of the records held by the
  649  records repository that pertain to that case, unless an
  650  objection to the destruction is filed in the trial court and
  651  served upon the Secretary of State. If no objection has been
  652  served within the 60-day period, the records may then be
  653  destroyed. If an objection is served, the records shall not be
  654  destroyed until a final disposition of the objection.
  655         Section 15. Effective July 1, 2013, section 27.7091,
  656  Florida Statutes, is amended to read:
  657         27.7091 Legislative recommendations to Supreme Court;
  658  postconviction proceedings; pro bono service credit.—In the
  659  interest of promoting justice and integrity with respect to
  660  capital collateral representation, the Legislature recommends
  661  that the Supreme Court:
  662         (1) Adopt by rule the provisions of s. 924.055, which limit
  663  the time for postconviction proceedings in capital cases.
  664         (2) award pro bono service credit for time spent by an
  665  attorney in providing legal representation to an individual
  666  sentenced to death in this state, regardless of whether the
  667  attorney receives compensation for such representation.
  668         Section 16. Effective July 1, 2013, subsection (3) of
  669  section 27.711, Florida Statutes, is amended to read:
  670         27.711 Terms and conditions of appointment of attorneys as
  671  counsel in postconviction capital collateral proceedings.—
  672         (3) An attorney appointed to represent a capital defendant
  673  is entitled to payment of the fees set forth in this section
  674  only upon full performance by the attorney of the duties
  675  specified in this section and approval of payment by the trial
  676  court, and the submission of a payment request by the attorney,
  677  subject to the availability of sufficient funding specifically
  678  appropriated for this purpose. An attorney may not be
  679  compensated under this section for work performed by the
  680  attorney before July 1, 2003, while employed by the northern
  681  regional office of the capital collateral counsel. The Chief
  682  Financial Officer shall notify the executive director and the
  683  court if it appears that sufficient funding has not been
  684  specifically appropriated for this purpose to pay any fees which
  685  may be incurred. The attorney shall maintain appropriate
  686  documentation, including a current and detailed hourly
  687  accounting of time spent representing the capital defendant. The
  688  fee and payment schedule in this section is the exclusive means
  689  of compensating a court-appointed attorney who represents a
  690  capital defendant. When appropriate, a court-appointed attorney
  691  must seek further compensation from the Federal Government, as
  692  provided in 18 U.S.C. s. 3006A or other federal law, in habeas
  693  corpus litigation in the federal courts.
  694         Section 17. Paragraph (b) of subsection (4) of section
  695  27.711, Florida Statutes, is amended to read:
  696         27.711 Terms and conditions of appointment of attorneys as
  697  counsel in postconviction capital collateral proceedings.—
  698         (4) Upon approval by the trial court, an attorney appointed
  699  to represent a capital defendant under s. 27.710 is entitled to
  700  payment of the following fees by the Chief Financial Officer:
  701         (b) The attorney is entitled to $100 per hour, up to a
  702  maximum of $20,000, after timely filing in the trial court the
  703  capital defendant’s complete original motion for postconviction
  704  relief under the Florida Rules of Criminal Procedure. The motion
  705  must raise all issues to be addressed by the trial court.
  706  However, an attorney is entitled to fees under this paragraph if
  707  the court schedules a hearing on a matter that makes the filing
  708  of the original motion for postconviction relief unnecessary or
  709  if the court otherwise disposes of the case.
  710  
  711  The hours billed by a contracting attorney under this subsection
  712  may include time devoted to representation of the defendant by
  713  another attorney who is qualified under s. 27.710 and who has
  714  been designated by the contracting attorney to assist him or
  715  her.
  716         Section 18. Section 922.095, Florida Statutes, is amended
  717  to read:
  718         922.095 Grounds for death warrant; limitations of actions.
  719  A person who is convicted and sentenced to death must pursue all
  720  possible collateral remedies within the time limits provided by
  721  statute. Failure to seek relief within the statutory time limits
  722  constitutes grounds for issuance of a death warrant under s.
  723  922.052 or s. 922.14. Any postconviction claim not pursued
  724  within the statutory time limits is barred. No postconviction
  725  claim filed after the time required by law shall be grounds for
  726  a judicial stay of any warrant.
  727         Section 19. Section 922.108, Florida Statutes, is reenacted
  728  to read:
  729         922.108 Sentencing orders in capital cases.—The sentence of
  730  death must not specify any particular method of execution. The
  731  wording or form of the sentencing order shall not be grounds for
  732  reversal of any sentence.
  733         Section 20. Section 924.055, Florida Statutes, is amended
  734  to read:
  735         924.055 Postconviction review in capital cases; legislative
  736  findings and intent.—
  737         (1) It is the intent of the Legislature to reduce delays in
  738  capital cases and to ensure that all appeals and postconviction
  739  actions in capital cases are resolved as quickly as possible
  740  within 5 years after the date a sentence of death is imposed in
  741  the circuit court. All capital postconviction actions must be
  742  filed as early as possible after the imposition of a sentence of
  743  death which may be during a direct appeal of the conviction and
  744  sentence. A person sentenced to death or that person’s capital
  745  postconviction counsel must file any postconviction legal action
  746  in compliance with the timeframes statutes of limitation
  747  established in s. 924.056, s. 924.058, and elsewhere in this
  748  chapter. Except as expressly allowed by s. 924.058 s.
  749  924.056(5), a person sentenced to death or that person’s capital
  750  postconviction counsel may not file more than one postconviction
  751  action in a sentencing court and one appeal therefrom to the
  752  Florida Supreme Court, unless authorized by law.
  753         (2) It is the further intent of the Legislature that no
  754  state resources be expended in violation of this act. In the
  755  event that any state employee or party contracting with the
  756  state violates the provisions of this act, the Attorney General
  757  shall deliver to the Speaker of the House of Representatives and
  758  the President of the Senate a copy of any court pleading or
  759  order that describes or adjudicates a violation.
  760         Section 21. Section 924.056, Florida Statutes, is amended
  761  to read:
  762         (Substantial rewording of section.
  763         See s. 924.056, F.S., for present text.)
  764         924.056 Capital postconviction proceedings.—This section
  765  governs all postconviction proceedings in every capital case in
  766  which the conviction and sentence of death have been affirmed on
  767  direct appeal on or after July 1, 2015.
  768         (1) APPOINTMENT OF POSTCONVICTION COUNSEL.—
  769         (a) Upon the issuance of the mandate affirming a judgment
  770  and sentence of death on direct appeal, the Supreme Court of
  771  Florida shall at the same time issue an order appointing the
  772  appropriate office of the Capital Collateral Regional Counsel.
  773         (b) Within 30 days of being appointed, the regional counsel
  774  shall file a notice of appearance in the trial court or a motion
  775  to withdraw based on an actual conflict of interest or some
  776  other legal ground. Motions to withdraw filed more than 30 days
  777  after being appointed shall not be entertained unless based on
  778  an actual conflict of interest.
  779         (c) The court shall conduct a hearing in accordance with s.
  780  924.059 if the regional counsel’s motion to withdraw is based on
  781  an actual conflict. If the regional counsel files a motion to
  782  withdraw based on any other legal ground, the chief judge or
  783  assigned judge shall rule on the motion within 15 days of the
  784  filling of the motion. If the court determines that new
  785  postconviction counsel should be appointed, the court shall
  786  appoint another regional counsel and, only if a conflict exists
  787  with the replacement regional counsel, appoint new
  788  postconviction counsel from the statewide registry of attorneys
  789  compiled and maintained by the Justice Administrative Commission
  790  pursuant to s. 27.710.
  791         (d) If the defendant requests without good cause that any
  792  attorney appointed under this subsection be removed or replaced,
  793  the court shall notify the defendant that no further state
  794  resources may be expended for postconviction representation for
  795  that defendant, unless the defendant withdraws the request to
  796  remove or replace postconviction counsel. If the defendant does
  797  not withdraw his or her request, then any appointed attorney
  798  must be removed from the case and no further state resources may
  799  be expended for the defendant’s postconviction representation.
  800         (2) PRELIMINARY PROCEDURES.—
  801         (a) Within 30 days of the issuance of mandate affirming a
  802  judgment and sentence of death on direct appeal, the chief judge
  803  shall assign the case to a judge qualified under the Rules of
  804  Judicial Administration to conduct capital proceedings.
  805         (b) The assigned judge shall conduct a status conference no
  806  later than 90 days after the judicial assignment, and shall hold
  807  status conferences at least every 90 days thereafter until the
  808  evidentiary hearing has been completed or the postconviction
  809  motion has been ruled on without a hearing. The attorneys, with
  810  leave of the trial court, may, with leave of the court, appear
  811  electronically at the status conferences. Requests to appear
  812  electronically shall be liberally granted. Pending motions,
  813  disputes involving public records, or any other matters ordered
  814  by the court shall be heard at the status conferences. The
  815  inmate’s presence is not required at status conferences held
  816  pursuant to this paragraph.
  817         (c) Within 45 days of appointment of postconviction
  818  counsel, the defendant’s trial counsel shall provide to
  819  postconviction counsel all information pertaining to the
  820  defendant’s capital case which was obtained during the
  821  representation of the defendant. Postconviction counsel shall
  822  maintain the confidentiality of all confidential information
  823  received.
  824         (3) TIME LIMITATIONS ON FILING A POSTCONVICTION MOTION.—
  825         (a) Any postconviction motion must be filed by the inmate
  826  within one year after the judgment and sentence become final.
  827  For the purposes of this subsection, a judgment is final:
  828         1. Upon the expiration of the time permitted to file in the
  829  United States Supreme Court a petition for writ of certiorari
  830  seeking review of the Supreme Court of Florida decision
  831  affirming a judgment and sentence of death; or
  832         2. Upon the disposition of the petition for writ of
  833  certiorari by the United States Supreme Court, if filed.
  834         (b) No postconviction motion shall be filed or considered
  835  pursuant to this subsection if filed beyond the time limitation
  836  provided in paragraph (a) unless it alleges:
  837         1. The facts on which the motion is predicated were unknown
  838  to the movant or the movant’s attorney and could not have been
  839  ascertained by the exercise of due diligence;
  840         2. The fundamental constitutional right asserted was not
  841  established within the period provided for in paragraph (a) and
  842  has been held to apply retroactively; or
  843         3. Postconviction counsel, through neglect, failed to file
  844  the motion.
  845         (c) All petitions for extraordinary relief in which the
  846  Supreme Court of Florida has original jurisdiction, including
  847  petitions for writs of habeas corpus, shall be filed
  848  simultaneously with the initial brief filed on behalf of the
  849  death-sentenced inmate in the appeal of the circuit court’s
  850  order on the initial motion for postconviction relief filed
  851  under this subsection.
  852         (d) The time limitation provided in paragraph (a) is
  853  established with the understanding that each inmate sentenced to
  854  death will have counsel assigned and available to begin
  855  addressing the inmate’s postconviction issues within the time
  856  specified in this subsection. Should the Governor sign a death
  857  warrant before the expiration of the time limitation provided in
  858  paragraph (a), the Supreme Court of Florida, on a defendant’s
  859  request, will grant a stay of execution to allow any
  860  postconviction relief motions to proceed in a timely manner.
  861         (4) CONTENTS OF A POSTCONVICTION MOTION.—
  862         (a) No state court shall consider a postconviction motion
  863  unless the motion is fully pled. For the purposes of this
  864  subsection, a fully pled postconviction motion is one which
  865  complies with paragraph (b). The fully pled postconviction
  866  motion must raise all cognizable claims that the defendant’s
  867  judgment or sentence was entered in violation of the
  868  Constitution or laws of the United States or the Constitution or
  869  the laws of the state, including any claim of ineffective
  870  assistance of trial counsel or direct appeal counsel,
  871  allegations of innocence, or that the state withheld evidence
  872  favorable to the defendant.
  873         (b) The defendant’s postconviction motion shall be filed
  874  under oath and shall be fully pled to include:
  875         1. The judgment or sentence under attack and the court
  876  which rendered the same;
  877         2. A statement of each issue raised on appeal and the
  878  disposition thereof;
  879         3. Whether a previous postconviction motion has been filed
  880  and, if so, the disposition of all previous claims raised in
  881  postconviction litigation; if a previous motion or motions have
  882  been filed, the reason or reasons the claim or claims in the
  883  present motion were not raised in the former motion or motions;
  884         4. The nature of the relief sought;
  885         5. A fully detailed allegation of the factual basis for any
  886  claim for which an evidentiary hearing is sought, including the
  887  attachment of any document supporting the claim, the name and
  888  address of any witness, the attachment of affidavits of the
  889  witnesses or a proffer of the testimony;
  890         6. A fully detailed allegation as to the basis for any
  891  purely legal or constitutional claim for which an evidentiary
  892  hearing is not required and the reason that this claim could not
  893  have been or was not raised on direct appeal; and
  894         7. A concise memorandum of applicable case law as to each
  895  claim asserted.
  896         (c) A postconviction motion and memorandum of law filed
  897  under this subsection shall not exceed 75 pages exclusive of the
  898  attachments. Attachments shall include, but are not limited to,
  899  the judgment and sentence. The memorandum of law shall set forth
  900  the applicable case law supporting the granting of relief as to
  901  each separately pled claim.
  902         (d) Claims raised in a postconviction motion that could
  903  have or should have been raised at trial and, if properly
  904  preserved, on direct appeal of the judgment and sentence, are
  905  barred.
  906         (e) A postconviction motion may not include a claim of
  907  ineffective assistance of collateral postconviction counsel.
  908         (f) A postconviction motion may not be amended without
  909  court approval. In no instance shall such motion be amended
  910  beyond the time limitations provided by subsection (3) for the
  911  filing of a postconviction motion. If amendment is allowed, the
  912  state shall file an amended answer within 20 days after the
  913  amended motion is filed.
  914         (g) Any postconviction motion that does not comply with any
  915  requirement in this subsection shall not be considered in any
  916  state court.
  917         (5) PROCEDURE; EVIDENTIARY HEARING; DISPOSITION.—
  918         (a) All pleadings in a postconviction proceeding shall be
  919  filed with the clerk of the trial court and served on the
  920  assigned judge, opposing party, and the Attorney General. The
  921  clerk shall immediately deliver to the chief judge or the
  922  assigned judge any motion filed in a postconviction proceeding
  923  along with the court file.
  924         (b) If the defendant intends to offer expert testimony of
  925  his or her mental status in a postconviction proceeding, the
  926  state shall be entitled to have the defendant examined by its
  927  own mental health expert. If the defendant fails to cooperate
  928  with the state’s expert, the trial court may, in its discretion,
  929  proceed as provided in rule 3.202(e) of the Florida Rules of
  930  Criminal Procedure. Reports provided to either party by an
  931  expert witness shall be disclosed to opposing counsel upon
  932  receipt.
  933         (c) The state shall file its answer within 60 days of the
  934  filing of an initial postconviction motion. The answer and
  935  accompanying memorandum of law shall not exceed 75 pages,
  936  exclusive of attachments and exhibits. The answer shall address
  937  the legal sufficiency of any claim in the motion, respond to the
  938  allegations of the motion, address any procedural bars, and
  939  state the reasons that an evidentiary hearing is or is not
  940  required. As to any claims of legal insufficiency or procedural
  941  bar, the state shall include a short statement of any applicable
  942  case law.
  943         (d) No later than 30 days after the state files its answer
  944  to an initial motion, the trial court shall hold a case
  945  management conference. At the case management conference, both
  946  parties shall disclose all documentary exhibits that they intend
  947  to offer at the evidentiary hearing, provide an exhibit list of
  948  all such exhibits, and exchange a witness list with the names
  949  and addresses of any potential witnesses. All expert witnesses
  950  shall be specifically designated on the witness list, and copies
  951  of all expert reports shall be attached. At the case management
  952  conference, the trial court shall:
  953         1. Schedule an evidentiary hearing, to be held within 90
  954  days, on claims listed by the defendant as requiring a factual
  955  determination;
  956         2. Hear argument on any purely legal claims not based on
  957  disputed facts; and
  958         3. Resolve disputes arising from the exchange of
  959  information under this paragraph.
  960         (e) If the court determines that an evidentiary hearing is
  961  not necessary and that the defendant’s postconviction motion is
  962  legally insufficient or that the motion, files, and records in
  963  the case show that the defendant is not entitled to relief, the
  964  court shall, within 30 days of the conclusion of the case
  965  management conference, deny the motion, setting forth a detailed
  966  rationale therefore, and attaching or referencing such portions
  967  of the record as are necessary to allow for meaningful appellate
  968  review.
  969         (f) Immediately following an evidentiary hearing, the trial
  970  court shall order a transcript of the hearing which shall be
  971  filed within 30 days. Within 30 days of receipt of the
  972  transcript, the court shall render its order, ruling on each
  973  claim considered at the evidentiary hearing and all other claims
  974  raised in the postconviction motion, making detailed findings of
  975  fact and conclusions of law with respect to each claim, and
  976  attaching or referencing such portions of the record as are
  977  necessary to allow for meaningful appellate review. The order
  978  issued after the evidentiary hearing shall resolve all the
  979  claims raised in the postconviction motion and shall be
  980  considered the final order for purposes of appeal. The clerk of
  981  the trial court shall promptly serve upon the parties and the
  982  Attorney General a copy of the final order, with a certificate
  983  of service.
  984         (g) Motions for rehearing shall be filed within 15 days of
  985  the rendition of the trial court’s order and a response thereto
  986  filed within 10 days thereafter. The trial court’s order
  987  disposing of the motion for rehearing shall be rendered no later
  988  than 15 days after the response is filed.
  989         (h) An appeal may be taken by filing a notice to appeal
  990  with the Florida Supreme Court within 15 days of the entry of a
  991  final order on a capital postconviction motion. No interlocutory
  992  appeal shall be permitted.
  993         Section 22. Section 924.057, Florida Statutes, is amended
  994  to read:
  995         924.057 Limitation on Capital postconviction proceedings in
  996  cases in which the conviction and sentence of death were
  997  affirmed on direct appeal before July 1, 2015 death sentence was
  998  imposed before January 14, 2000.—This section shall govern all
  999  capital postconviction actions in cases in which the trial court
 1000  imposed the sentence of death before the effective date of this
 1001  act.
 1002         (1) Nothing in this act shall expand any right or time
 1003  period allowed for the prosecution of capital postconviction
 1004  claims in any case in which a postconviction action was
 1005  commenced or should have been commenced prior to the effective
 1006  date of this act.
 1007         (2) Postconviction proceedings in every capital case in
 1008  which the conviction and sentence of death have been affirmed on
 1009  direct appeal before July 1, 2015, shall be governed by the
 1010  rules and laws in effect immediately prior to the effective date
 1011  of this act.
 1012         (2) Except as provided in s. 924.056(5), in every case in
 1013  which mandate has issued in the Florida Supreme Court concluding
 1014  at least one capital postconviction action in the state court
 1015  system, a successive capital postconviction action shall be
 1016  barred on the effective date of this act, unless the rules or
 1017  law in effect immediately prior to the effective date of this
 1018  act permitted the successive postconviction action, in which
 1019  case the action shall be barred on the date provided in
 1020  subsection (4).
 1021         (3) All capital postconviction actions pending on the
 1022  effective date of this act shall be barred, and shall be
 1023  dismissed with prejudice, unless fully pled in substantial
 1024  compliance with s. 924.058, or with any superseding order or
 1025  rule, on or before:
 1026         (a) The time in which the action would be barred by this
 1027  section if the action had not begun prior to the effective date
 1028  of this act, or
 1029         (b) Any earlier date provided by the rules or law, or court
 1030  order, in effect immediately prior to the effective date of this
 1031  act.
 1032         (4) In every capital case in which the trial court imposed
 1033  the sentence of death before the effective date of this act, a
 1034  capital postconviction action shall be barred unless it is
 1035  commenced on or before January 8, 2001, or any earlier date
 1036  provided by the rule or law in effect immediately prior to the
 1037  effective date of this act.
 1038         Section 23. Section 924.058, Florida Statutes, is amended
 1039  to read:
 1040         (Substantial rewording of section.
 1041         See s. 924.058, F.S., for present text.)
 1042         924.058 Successive postconviction motions.—This section
 1043  governs successive postconviction motions in all postconviction
 1044  proceedings in every capital case in which the conviction and
 1045  sentence of death have been affirmed on direct appeal on or
 1046  after July 1, 2015. A postconviction motion is successive if a
 1047  state court has previously ruled on a postconviction motion
 1048  challenging the same judgment and sentence.
 1049         (1) TIME LIMITATIONS ON FILING A SUCCESSIVE POSTCONVICTION
 1050  MOTION.—
 1051         (a) A successive postconviction motion is barred unless
 1052  commenced by filing a fully pled successive postconviction
 1053  motion within 90 days:
 1054         1. After the facts giving rise to the claim were discovered
 1055  or should have been discovered with the exercise of due
 1056  diligence; or
 1057         2. After the fundamental constitutional right asserted was
 1058  established and held to apply retroactively.
 1059         (b) No successive postconviction motion shall be filed or
 1060  considered pursuant to this subsection if filed beyond the time
 1061  limitation provided in paragraph (a) unless it alleges that
 1062  postconviction counsel, through neglect, failed to file the
 1063  motion.
 1064         (2) CONTENTS OF A SUCCESSIVE POSTCONVICTION MOTION.—
 1065         (a) No state court shall consider a successive
 1066  postconviction motion unless the motion is fully pled. For the
 1067  purposes of this subsection, a fully pled successive
 1068  postconviction motion includes:
 1069         1. All of the pleading requirements of an initial
 1070  postconviction motion under s. 924.056;
 1071         2. The disposition of all previous claims raised in
 1072  postconviction proceedings and the reason or reasons the claim
 1073  or claims raised in the present motion were not raised in the
 1074  former motion or motions;
 1075         3. If based upon newly discovered evidence, Brady v.
 1076  Maryland, 373 U.S. 83 (1963), or Giglio v. United States, 405
 1077  U.S. 150 (1972), the following:
 1078         a. The names, addresses, and telephone numbers of all
 1079  witnesses supporting the claim;
 1080         b. A statement that the witness will be available, should
 1081  an evidentiary hearing be scheduled, to testify under oath to
 1082  the facts alleged in the motion or affidavit;
 1083         c. If evidentiary support is in the form of documents,
 1084  copies of all documents shall be attached, including any
 1085  affidavits obtained; and
 1086         d. As to any witness or document listed in the motion or
 1087  attachment to the motion, a statement of the reason why the
 1088  witness or document was not previously available.
 1089         (b) A successive postconviction motion and memorandum of
 1090  law filed under this subsection shall not exceed 25 pages
 1091  exclusive of the attachments. Attachments shall include, but are
 1092  not limited to, the judgment and sentence. The memorandum of law
 1093  shall set forth the applicable case law supporting the granting
 1094  of relief as to each separately pled claim.
 1095         (c) Claims raised in a successive postconviction motion
 1096  that could have or should have been raised at trial, on direct
 1097  appeal of the judgment and sentence, if properly preserved, and
 1098  in the initial postconviction motion, are barred.
 1099         (d) A successive postconviction motion may not include a
 1100  claim of ineffective assistance of collateral postconviction
 1101  counsel.
 1102         (e) A succesive postconviction motion may not be amended
 1103  without court approval. In no instance shall such motion be
 1104  amended beyond the time limitations provided by subsection (1)
 1105  for the filing of a successive postconviction motion. If
 1106  amendment is allowed, the state shall file an amended answer
 1107  within 20 days after the amended motion is filed.
 1108         (f) Any successive postconviction motion that does not
 1109  comply with any requirement in this subsection shall not be
 1110  considered in any state court.
 1111         (3) PROCEDURE; EVIDENTIARY HEARING; DISPOSITION.—
 1112         (a) If the defendant intends to offer expert testimony of
 1113  his or her mental status in a successive postconviction motion
 1114  proceeding, the state shall be entitled to have the defendant
 1115  examined by its own mental health expert. If the defendant fails
 1116  to cooperate with the state’s expert, the trial court may, in
 1117  its discretion, proceed as provided in rule 3.202(e) of the
 1118  Florida Rules of Criminal Procedure. Reports provided to either
 1119  party by an expert witness shall be disclosed to opposing
 1120  counsel upon receipt.
 1121         (b) The state shall file its answer within 20 days of the
 1122  filing of a successive postconviction motion. The answer shall
 1123  not exceed 25 pages, exclusive of attachments and exhibits. The
 1124  answer shall address the legal sufficiency of any claim in the
 1125  motion, respond to the allegations of the motion, address any
 1126  procedural bars, and state the reasons that an evidentiary
 1127  hearing is or is not required. As to any claims of legal
 1128  insufficiency or procedural bar, the answer shall include a
 1129  short statement of any applicable case law.
 1130         (c) No later than 30 days after the state files its answer
 1131  to a successive postconviction motion, the trial court shall
 1132  hold a case management conference. At the case management
 1133  conference, both parties shall disclose all documentary exhibits
 1134  that they intend to offer at the evidentiary hearing, provide an
 1135  exhibit list of all such exhibits, and exchange a witness list
 1136  with the names and addresses of any potential witnesses. All
 1137  expert witnesses shall be specifically designated on the witness
 1138  list, and copies of all expert reports shall be attached. At the
 1139  case management conference, the trial court shall:
 1140         1. Schedule an evidentiary hearing, to be held within 90
 1141  days, on claims listed by the defendant as requiring a factual
 1142  determination;
 1143         2. Hear argument on any purely legal claims not based on
 1144  disputed facts; and
 1145         3. Resolve disputes arising from the exchange of
 1146  information under this paragraph.
 1147         (d) If the court determines that an evidentiary hearing is
 1148  not necessary and that the defendant’s successive postconviction
 1149  motion is legally insufficient or that the motion, files, and
 1150  records in the case show that the defendant is not entitled to
 1151  relief, the court shall, within 30 days of the conclusion of the
 1152  case management conference, deny the motion, setting forth a
 1153  detailed rationale therefore, and attaching or referencing such
 1154  portions of the record as are necessary to allow for meaningful
 1155  appellate review.
 1156         (e) Immediately following an evidentiary hearing, the trial
 1157  court shall order a transcript of the hearing which shall be
 1158  filed within 30 days. Within 30 days of receipt of the
 1159  transcript, the court shall render its order, ruling on each
 1160  claim considered at the evidentiary hearing and all other claims
 1161  raised in the successive postconviction motion, making detailed
 1162  findings of fact and conclusions of law with respect to each
 1163  claim, and attaching or referencing such portions of the record
 1164  as are necessary to allow for meaningful appellate review. The
 1165  order issued after the evidentiary hearing shall resolve all the
 1166  claims raised in the successive postconviction motion and shall
 1167  be considered the final order for purposes of appeal. The clerk
 1168  of the trial court shall promptly serve upon the parties and the
 1169  Attorney General a copy of the final order, with a certificate
 1170  of service.
 1171         (f) Motions for rehearing shall be filed within 15 days of
 1172  the rendition of the trial court’s order and a response thereto
 1173  filed within 10 days thereafter. The trial court’s order
 1174  disposing of the motion for rehearing shall be rendered no later
 1175  than 15 days after the response is filed.
 1176         (g) An appeal may be taken by filing a notice to appeal
 1177  with the Florida Supreme Court within 15 days of the entry of a
 1178  final order on a capital postconviction motion. No interlocutory
 1179  appeal shall be permitted.
 1180         Section 24. Section 924.0581, Florida Statutes, is created
 1181  to read:
 1182         924.0581 Capital postconviction appeals to the Florida
 1183  Supreme Court.—This section governs capital postconviction
 1184  appeals to the Florida Supreme Court in every capital case in
 1185  which the conviction and sentence of death have been affirmed on
 1186  direct appeal on or after July 1, 2015.
 1187         (1)Initial and Successive Postconviction Motion Appeals.—
 1188         (a)When the notice of appeal is filed in the Florida
 1189  Supreme Court, the chief justice shall direct the appropriate
 1190  chief judge of the circuit court to monitor the preparation of
 1191  the complete record for timely filing in the Florida Supreme
 1192  Court.
 1193         (b)The complete record in a death penalty appeal shall
 1194  include transcripts of all proceedings conducted in the lower
 1195  court, all items required by rule 9.200 of the Florida Rules of
 1196  Appellate Procedure, and any item listed in any order issued by
 1197  the Florida Supreme Court. The record shall begin with the most
 1198  recent mandate issued by the Florida Supreme Court; or, in the
 1199  event the preceding appeal was disposed of without a mandate,
 1200  the most recent filing not already transmitted to the Florida
 1201  Supreme Court in a prior record. The record shall exclude any
 1202  materials already transmitted to the Florida Supreme Court as
 1203  the record in any prior appeal.
 1204         (c)The Florida Supreme Court shall take judicial notice of
 1205  the appellate records in all prior appeals and writ proceedings
 1206  involving a challenge to the same judgment of conviction and
 1207  sentence of death. Appellate records subject to judicial notice
 1208  under this section shall not be duplicated in the record
 1209  transmitted for the appeal under review.
 1210         (d)If the sentencing court has denied the initial or
 1211  successive postconviction motion without an evidentiary hearing,
 1212  the Florida Supreme Court shall initially review the case to
 1213  determine whether the trial court correctly resolved the
 1214  defendant’s claims without an evidentiary hearing. If the
 1215  Florida Supreme Court determines an evidentiary hearing should
 1216  have been held, the court may remand the case for an evidentiary
 1217  hearing. Jurisdiction shall be relinquished to the trial court
 1218  for the purpose of conducting an evidentiary hearing on any
 1219  issues identified in the Florida Supreme Court’s order. The
 1220  trial court must schedule an evidentiary hearing within 30 days
 1221  of the Florida Supreme Court’s order and conclude the hearing
 1222  within 90 days of scheduling. Upon conclusion of the evidentiary
 1223  hearing, the record shall be supplemented with the hearing
 1224  transcript.
 1225         (e) The defendant has 30 days from the date the record is
 1226  filed to file an initial brief. The answer brief must be filed
 1227  within 20 days after filing of the initial brief. The reply
 1228  brief, if any, must be filed within 20 days after filing of the
 1229  answer brief. The cross-reply brief, if any, shall be filed
 1230  within 20 days thereafter. A brief submitted after these time
 1231  periods is barred and shall not be heard.
 1232         (f) Oral arguments shall be scheduled within 30 days after
 1233  the filing of the defendant’s replay brief.
 1234         (g)1. The Florida Supreme Court shall render its decision
 1235  within 180 days after oral arguments have concluded. If a denial
 1236  of an action for postconviction relief is affirmed, the Governor
 1237  may proceed to issue a warrant for execution.
 1238         2. In instances where the Florida Supreme Court does not
 1239  comply with subparagraph 1., the Chief Justice of the Florida
 1240  Supreme Court shall, within 10 days after the expiration of the
 1241  180 day deadline, submit a report to the Speaker of the Florida
 1242  House of Representatives and the President of the Florida Senate
 1243  explaining why a decision was not timely rendered. The Chief
 1244  Justice shall submit a report to the Speaker of the Florida
 1245  House of Representatives and the President of the Florida Senate
 1246  every 30 days thereafter in which a decision is not rendered
 1247  explaining the reasons therefore.
 1248         (2) PETITIONS FOR EXTRAORDINARY RELIEF.—
 1249         (a) Review proceedings under this subsection shall be
 1250  treated as original proceedings under rule 9.100 of the Rules of
 1251  Appellate Procedure, except as otherwise provided in this
 1252  subsection.
 1253         (b) A petition for extraordinary relief shall be in the
 1254  form prescribed by rule 9.100 of the Rules of Appellate
 1255  Procedure, may include supporting documents, and shall recite in
 1256  the statement of facts:
 1257         1. The date and nature of the lower tribunal’s order sought
 1258  to be reviewed;
 1259         2. The name of the lower tribunal rendering the order;
 1260         3. The nature, disposition, and dates of all previous court
 1261  proceedings;
 1262         4. If a previous petition was filed, the reason the claim
 1263  in the present petition was not raised previously; and
 1264         5. The nature of the relief sought.
 1265         (c) 1. A petition for belated appeal shall include a
 1266  detailed allegation of the specific acts sworn to by the
 1267  petitioner or petitioner’s counsel that constitute the basis for
 1268  entitlement to belated appeal, including whether petitioner
 1269  requested counsel to proceed with the appeal and the date of any
 1270  such request, whether counsel misadvised the petitioner as to
 1271  the availability of appellate review or the filing of the notice
 1272  of appeal, or whether there were circumstances unrelated to
 1273  counsel’s action or inaction, including names of individuals
 1274  involved and dates of the occurrences, that were beyond the
 1275  petitioner’s control and otherwise interfered with the
 1276  petitioner’s ability to file a timely appeal.
 1277         2. A petition for belated appeal shall not be filed more
 1278  than 1 year after the expiration of time for filing the notice
 1279  of appeal from a final order denying relief pursuant to s.
 1280  924.056 or s. 924.058, unless it alleges under oath with a
 1281  specific factual basis that the petitioner:
 1282         a. Was unaware an appeal had not been timely filed, was not
 1283  advised of the right to an appeal, was misadvised as to the
 1284  rights to an appeal, or was prevented from timely filing a
 1285  notice of appeal due to circumstances beyond the petitioner’s
 1286  control; and
 1287         b. Could not have ascertained such facts by the exercise of
 1288  due diligence.
 1289         (d) A petition alleging ineffective assistance of appellate
 1290  counsel must include detailed allegations of the specific acts
 1291  that constitute the alleged ineffective assistance of counsel on
 1292  direct appeal and must be filed simultaneously with the initial
 1293  brief in the appeal from the lower tribunal’s final order
 1294  denying relief pursuant to s. 924.056 or s. 924.058.
 1295         (3) PETITIONS SEEKING RELIEF OF NONFINAL ORDERS IN DEATH
 1296  PENALTY POSTCONVICTION PROECEDINGS.—
 1297         (a) This subsection applies to proceedings that invoke the
 1298  jurisdiction of the supreme court for review of nonfinal orders
 1299  issued in postconviction proceedings following the imposition of
 1300  the death penalty. Review of such proceedings shall be treated
 1301  as original proceedings under rule 9.100 of the Rules of
 1302  Appellate Procedure, except as otherwise provided in this
 1303  subsection.
 1304         (b) Jurisdiction of the Florida Supreme Court shall be
 1305  invoked by filing a petition with the Clerk of the Florida
 1306  Supreme Court within 30 days of rendition of the nonfinal order
 1307  to be reviewed. A copy of the petition shall be served on the
 1308  opposing party and furnished to the judge who issued the order
 1309  to be reviewed. Either party to the death penalty postconviction
 1310  proceedings may seek review under this subsection.
 1311         (c) The petition shall be in the form prescribed by rule
 1312  9.100 of the Rules of Appellate Procedure, and shall contain:
 1313         1. The basis for invoking the jurisdiction of the court;
 1314         2. The date and nature of the order sought to be reviewed;
 1315         3. The name of the lower tribunal rendering the order;
 1316         4. The name, disposition, and dates of all previous trial,
 1317  appellate, and postconviction proceedings relating to the
 1318  conviction and death sentence that are the subject of the
 1319  proceedings in which the order sought to be reviewed was
 1320  entered;
 1321         5. The facts on which the petitioner relies, with
 1322  references to the appropriate pages of the supporting appendix;
 1323         6. Argument in support of the petition, including an
 1324  explanation of why the order departs from the essential
 1325  requirements of law and how the order may cause material injury
 1326  for which there is no adequate remedy on appeal, and appropriate
 1327  citations of authority; and
 1328         7. The nature of the relief sought.
 1329         (d) The petition shall be accompanied by an appendix, as
 1330  prescribed by rule 9.220 of the Rules of Appellate Procedure,
 1331  which shall contain the portions of the record necessary for a
 1332  determination of the issues presented.
 1333         (e) If the petition demonstrates a preliminary basis for
 1334  relief or a departure from the essential requirements of law
 1335  that may cause material injury for which there is no adequate
 1336  remedy by appeal, the court may issue an order directing the
 1337  respondent to show cause, within the time set by the court, why
 1338  relief should not be granted. No response shall be permitted
 1339  unless ordered by the court. Within 20 days after service of the
 1340  response or such other time set by the court, the petitioner may
 1341  serve a reply, which shall not exceed 15 pages in length, and
 1342  supplemental appendix.
 1343         (f) A stay of proceedings under this subsection is not
 1344  automatic. The party seeking a stay must petition the Florida
 1345  Supreme Court for a stay of proceedings. During the pendency of
 1346  a review of a nonfinal order, unless a stay is granted by the
 1347  Florida Supreme Court, the lower tribunal may proceed with all
 1348  matters, except that the lower tribunal may not render a final
 1349  order disposing of the cause pending review of the nonfinal
 1350  order.
 1351         (g) The parties may not file any other pleadings, motions,
 1352  replies, or miscellaneous papers without leave of court.
 1353         (h) Seeking review under this subsection shall not extend
 1354  the time limitations in s. 924.056, s. 924.058, or s. 27.7081.
 1355         Section 25. Effective July 1, 2013, section 924.0585,
 1356  Florida Statutes, is created to read:
 1357         924.0585Capital postconviction proceedings; reporting
 1358  requirements.—The Florida Supreme Court shall annually report to
 1359  the Speaker of the Florida House of Representatives and the
 1360  President of the Florida Senate the status of each capital case
 1361  in which a postconviction action has been filed that has been
 1362  pending for more than 3 years. The report must include the name
 1363  of the state court judge involved in the case.
 1364         Section 26. Section 924.0585, Florida Statutes, as created
 1365  by this act, is amended to read:
 1366         924.0585 Capital postconviction proceedings; reporting
 1367  requirements.—
 1368         (3) A capital postconviction action filed in violation of
 1369  the time limitations provided by statute is barred, and all
 1370  claims raised therein are waived. A state court shall not
 1371  consider any capital postconviction action filed in violation of
 1372  s. 924.056 or s. 924.058. The Attorney General shall deliver to
 1373  the Governor, the President of the Senate, and the Speaker of
 1374  the House of Representatives a copy of any pleading or order
 1375  that alleges or adjudicates any violation of this provision.
 1376         Section 27. Section 924.059, Florida Statutes, is amended
 1377  to read:
 1378         (Substantial rewording of section.
 1379         See s. 924.059, F.S., for present text.)
 1380         924.059 Conflicts of interest in capital postconviction
 1381  proceedings.—In any capital postconviction proceeding in which
 1382  it is alleged that there is a conflict of interest with
 1383  postconviction counsel, the court shall hold a hearing within 30
 1384  days of such allegation to determine whether an actual conflict
 1385  exists and whether such conflict will adversely affect a
 1386  defendant’s lawyer’s performance. An actual conflict of interest
 1387  exists when an attorney actively represents conflicting
 1388  interests. To demonstrate an actual conflict, the defendant must
 1389  identify specific evidence suggesting that his or her interests
 1390  were or may be compromised. A possible, speculative, or merely
 1391  hypothetical conflict is insufficient to support an allegation
 1392  that a conflict of interest exists. The court must rule within
 1393  10 days of the conclusion of the hearing.
 1394         Section 28. Section 924.0591, Florida Statutes, is created
 1395  to read:
 1396         924.0591Incompetence to proceed in capital postconviction
 1397  proceedings.—
 1398         (1) A death-sentenced inmate pursuing collateral relief who
 1399  is found by the court to be mentally incompetent shall not be
 1400  proceeded against if there are factual matters at issue, the
 1401  development or resolution of which require the inmate’s input.
 1402  However, all collateral relief issues that involve only matters
 1403  of record and claims that do not require the inmate’s input
 1404  shall proceed in collateral proceedings notwithstanding the
 1405  inmate’s incompetency.
 1406         (2) If, at any stage of a postconviction proceeding, the
 1407  court determines that there are reasonable grounds to believe
 1408  that a death-sentenced inmate is incompetent to proceed and that
 1409  factual matters are at issue, the development or resolution of
 1410  which require the inmate’s input, a judicial determination of
 1411  incompetency is required.
 1412         (3) Collateral counsel may file a motion for competency
 1413  determination and an accompanying certificate of counsel that
 1414  the motion is made in good faith and on reasonable grounds to
 1415  believe that the death-sentenced inmate is incompetent to
 1416  proceed. The motion and certificate shall replace the signed
 1417  oath by the inmate that otherwise must accompany a
 1418  postconviction motion filed under s. 924.056 and s. 924.058.
 1419         (4) The motion for competency examination shall be in
 1420  writing and shall allege with specificity the factual matters at
 1421  issue and the reason that a competency consultation with the
 1422  inmate is necessary with respect to each factual matter
 1423  specified. To the extent that it does not invade the lawyer
 1424  client privilege with collateral counsel, the motion shall
 1425  contain a recital of the specific observations of, and
 1426  conversations with, the death-sentenced inmate that have formed
 1427  the basis of the motion.
 1428         (5) If the court finds that there are reasonable grounds to
 1429  believe that a death-sentenced inmate is incompetent to proceed
 1430  in a postconviction proceeding in which factual matters are at
 1431  issue, the development or resolution of which require the
 1432  inmate’s input, the court shall order the inmate examined by no
 1433  more than 3, nor fewer than 2, experts before setting the matter
 1434  for a hearing. The court may seek input from the death-sentenced
 1435  inmate’s counsel and the state attorney before appointment of
 1436  the experts.
 1437         (6) The order appointing experts shall:
 1438         (a) Identify the purpose of the evaluation and specify the
 1439  area of inquiry that should be addressed;
 1440         (b) Specify the legal criteria to be applied; and
 1441         (c) Specify the date by which the report shall be submitted
 1442  and to whom it shall be submitted.
 1443         (7) Counsel for both the death-sentenced inmate and the
 1444  state may be present at the examination, which shall be
 1445  conducted at a date and time convenient for all parties and the
 1446  Department of Corrections.
 1447         (8) On appointment by the court, the experts shall examine
 1448  the death-sentenced inmate with respect to the issue of
 1449  competence to proceed, as specified by the court in its order
 1450  appointing the experts to evaluate the inmate, and shall
 1451  evaluate the inmate as ordered.
 1452         (a) The experts first shall consider factors related to the
 1453  issue of whether the death-sentenced inmate meets the criteria
 1454  for competence to proceed, that is, whether the inmate has
 1455  sufficient present ability to consult with counsel with a
 1456  reasonable degree of rational understanding and whether the
 1457  inmate has a rational as well as factual understanding of the
 1458  pending collateral proceedings.
 1459         (b) In considering the issue of competence to proceed, the
 1460  experts shall consider and include in their report:
 1461         1. The inmate’s capacity to understand the adversary nature
 1462  of the legal process and the collateral proceedings;
 1463         2. The inmate’s ability to disclose to collateral counsel
 1464  facts pertinent to the postconviction proceeding at issue; and
 1465         3. Any other factors considered relevant by the experts and
 1466  the court as specified in the order appointing the experts.
 1467         (c) Any written report submitted by an expert shall:
 1468         1. Identify the specific matters referred for evaluation;
 1469         2. Describe the evaluative procedures, techniques, and
 1470  tests used in the examination and the purpose or purposes for
 1471  each;
 1472         3. State the expert’s clinical observations, findings, and
 1473  opinions on each issue referred by the court for evaluation, and
 1474  indicate specifically those issues, if any, on which the expert
 1475  could not give an opinion; and
 1476         4. Identify the sources of information used by the expert
 1477  and present the factual basis for the expert’s clinical findings
 1478  and opinions.
 1479         (9) If the experts find that the death-sentenced inmate is
 1480  incompetent to proceed, the experts shall report on any
 1481  recommended treatment for the inmate to attain competence to
 1482  proceed. In considering the issues relating to treatment, the
 1483  experts shall report on:
 1484         (a) The mental illness or mental retardation causing the
 1485  incompetence;
 1486         (b) The treatment or treatments appropriate for the mental
 1487  illness or mental retardation of the inmate and an explanation
 1488  of each of the possible treatment alternatives in order of
 1489  choices; and
 1490         (c) The likelihood of the inmate attaining competence under
 1491  the treatment recommended, an assessment of the probable
 1492  duration of the treatment required to restore competence, and
 1493  the probability that the inmate will attain competence to
 1494  proceed in the foreseeable future.
 1495         (10) Within 30 days after the experts have completed their
 1496  examinations of the death-sentenced inmate, the court shall
 1497  schedule a hearing on the issue of the inmate’s competence to
 1498  proceed.
 1499         (11) If, after a hearing, the court finds the inmate
 1500  competent to proceed, or, after having found the inmate
 1501  incompetent, finds that competency has been restored, the court
 1502  shall enter its order so finding and shall proceed with a
 1503  postconviction motion. The inmate shall have 60 days to amend
 1504  his or her postconviction motion only as to those issues that
 1505  the court found required factual consultation with counsel.
 1506         (12) If the court does not find the inmate incompetent, the
 1507  order shall contain:
 1508         (a) Findings of fact relating to the issues of competency;
 1509         (b) Copies of the reports of the examining experts; and
 1510         (c) Copies of any other psychiatric, psychological, or
 1511  social work reports submitted to the court relative to the
 1512  mental state of the death-sentenced inmate.
 1513         (13)If the court finds the inmate incompetent or finds the
 1514  inmate competent subject to the continuation of appropriate
 1515  treatment, the court shall follow the procedures set forth in
 1516  rule 3.212(c) of the Florida Rules of Criminal Procedure, except
 1517  that, to the extent practicable, any treatment shall take place
 1518  at a custodial facility under the direct supervision of the
 1519  Department of Corrections.
 1520         Section 29. Section 924.0592, Florida Statutes, is created
 1521  to read:
 1522         924.0592 Capital postconviction proceedings after a death
 1523  warrant has been issued.—This section governs all postconviction
 1524  proceedings in every capital case in which the conviction and
 1525  sentence of death have been affirmed on direct appeal on or
 1526  after July 1, 2015, and in which a death warrant has been
 1527  issued.
 1528         (1)Upon issuance of a death warrant pursuant to s. 922.052
 1529  or s. 922.14, the issuing entity shall notify the chief judge of
 1530  the circuit that sentenced the inmate to death. The chief judge
 1531  shall assign the case to a judge qualified under the Rules of
 1532  Judicial Administration to conduct capital cases immediately
 1533  upon receipt of such notification.
 1534         (2)Postconviction proceedings after a death warrant has
 1535  been issued shall take precedence over all other cases. The
 1536  assigned judge shall make every effort to resolve scheduling
 1537  conflicts with other cases including cancellation or
 1538  rescheduling of hearings or trials and requesting senior judge
 1539  assistance.
 1540         (3) The time limitations provided in s. 924.056 and s.
 1541  924.058 do not apply after a death warrant has been issued. All
 1542  postconviction motions filed after a death warrant has been
 1543  issued shall be heard expeditiously considering the time
 1544  limitations set by the date of execution and the time required
 1545  for appellate review.
 1546         (4) The location of any hearings after a death warrant is
 1547  issued shall be determined by the trial judge considering the
 1548  availability of witnesses or evidence, the security problems
 1549  involved in the case, and any other factor determined by the
 1550  trial court.
 1551         (5) All postconviction motions filed after a death warrant
 1552  is issued shall be considered successive motions and subject to
 1553  the content requirement of s. 924.058.
 1554         (6) The assigned judge shall schedule a case management
 1555  conference as soon as reasonably possible after receiving
 1556  notification that a death warrant has been issued. During the
 1557  case management conference the court shall set a time for filing
 1558  a postconviction motion, shall schedule a hearing to determine
 1559  whether an evidentiary hearing should be held, and shall hear
 1560  arguments on any purely legal claims not based on disputed
 1561  facts. If the postconviction motion, files, and records in the
 1562  case conclusively show that the movant is entitled to no relief,
 1563  the motion may be denied without an evidentiary hearing. If the
 1564  trial court determines that an evidentiary hearing should be
 1565  held, the court shall schedule the hearing to be held as soon as
 1566  reasonably possible considering the time limitations set by the
 1567  date of execution and the time required for appellate review.
 1568         (7) The assigned judge shall require all proceedings
 1569  conducted pursuant to this section to be reported using the most
 1570  advanced and accurate technology available in general use at the
 1571  location of the hearing. The proceedings shall be transcribed
 1572  expeditiously considering the time limitations set by the
 1573  execution date.
 1574         (8) The court shall obtain a transcript of all proceedings
 1575  conducted pursuant to this section and shall render its order in
 1576  accordance with s. 924.056(5)(e) as soon as possible after the
 1577  hearing is concluded. A copy of the final order shall be
 1578  electronically transmitted to the Supreme Court of Florida and
 1579  to the attorneys of record. The record shall be immediately
 1580  delivered to the clerk of the Supreme Court of Florida by the
 1581  clerk of the trial court or as ordered by the assigned judge.
 1582  The record shall also be electronically transmitted if the
 1583  technology is available. A notice of appeal shall not be
 1584  required to transmit the record.
 1585         Section 30. Section 924.0593, Florida Statutes, is created
 1586  to read:
 1587         924.0593 Insanity at the time of execution.—
 1588         (1) A person under sentence of death shall not be executed
 1589  while insane. A person under sentence of death is insane for
 1590  purposes of execution if the person lacks the mental capacity to
 1591  understand the fact of the impending execution and the reason
 1592  for it.
 1593         (2) No motion for a stay of execution pending hearing,
 1594  based on grounds of the inmate’s insanity to be executed, shall
 1595  be entertained by any court until such time as the Governor of
 1596  Florida has held appropriate proceedings for determining the
 1597  issue pursuant to s. 922.07.
 1598         (3)(a) On determination of the Governor of Florida,
 1599  subsequent to the signing of a death warrant for an inmate under
 1600  sentence of death and pursuant to s. 922.07, that the inmate is
 1601  sane to be executed, counsel for the inmate may move for a stay
 1602  of execution and a hearing based on the inmate‘s insanity to be
 1603  executed. The motion:
 1604         1. Shall be filed in the circuit court of the circuit in
 1605  which the execution is to take place and shall be heard by one
 1606  of the judges of that circuit or such other judge as shall be
 1607  assigned by the Chief Justice of the Florida Supreme Court to
 1608  hear the motion. The state attorney of the circuit shall
 1609  represent the State of Florida in any proceedings held on the
 1610  motion; and
 1611         2. Shall be in writing and shall contain a certificate of
 1612  counsel that the motion is made in good faith and on reasonable
 1613  grounds to believe that the prisoner to be executed is insane.
 1614         (b) Counsel for the inmate shall file, along with the
 1615  motion, all reports of experts that were submitted to the
 1616  governor pursuant to s. 922.07. If any of the evidence is not
 1617  available to counsel for the inmate, counsel shall attach to the
 1618  motion an affidavit so stating, with an explanation of why the
 1619  evidence is unavailable.
 1620         (c) Counsel for the inmate and the state may submit such
 1621  other evidentiary material and written submissions including
 1622  reports of experts on behalf of the inmate that are relevant to
 1623  determination of the issue.
 1624         (d) A copy of the motion and all supporting documents shall
 1625  be served on the Florida Department of Legal Affairs and the
 1626  state attorney of the circuit in which the motion has been
 1627  filed.
 1628         (4) If the circuit judge, upon review of the motion and
 1629  submissions, has reasonable grounds to believe that the inmate
 1630  to be executed is insane, the judge shall grant a stay of
 1631  execution and may order further proceedings which may include a
 1632  hearing.
 1633         (5) Any hearing on the insanity of the inmate to be
 1634  executed shall not be a review of the Governor’s determination,
 1635  but shall be a hearing de novo. At the hearing, the issue the
 1636  court must determine whether the inmate presently meets the
 1637  criteria for insanity at time of execution, that is, whether the
 1638  prisoner lacks the mental capacity to understand the fact of the
 1639  pending execution and the reason for it.
 1640         (6) The court may do any of the following as may be
 1641  appropriate and adequate for a just resolution of the issues
 1642  raised:
 1643         (a) Require the presence of the inmate at the hearing;
 1644         (b) Appoint no more than 3 disinterested mental health
 1645  experts to examine the inmate with respect to the criteria for
 1646  insanity and to report their findings and conclusions to the
 1647  court; or
 1648         (c) Enter such other orders as may be appropriate to
 1649  effectuate a speedy and just resolution of the issues raised.
 1650         (7) At hearings held pursuant to this section, the court
 1651  may admit such evidence as the court deems relevant to the
 1652  issues, including but not limited to the reports of expert
 1653  witnesses, and the court shall not be strictly bound by the
 1654  rules of evidence.
 1655         (8) If, at the conclusion of the hearing, the court finds,
 1656  by clear and convincing evidence, that the inmate is insane, the
 1657  court shall enter its order continuing the stay of the death
 1658  warrant; otherwise, the court shall deny the motion and enter
 1659  its order dissolving the stay of execution.
 1660         Section 31. Section 924.0594, Florida Statutes, is created
 1661  to read:
 1662         924.0594 Dismissal of postconviction proceedings.—This
 1663  section applies only when an inmate seeks both to dismiss a
 1664  pending postconviction proceedings and to discharge collateral
 1665  counsel.
 1666         (1)If an inmate files a motion to dismiss a pending
 1667  postconviciton motion and to discharge collateral counsel pro
 1668  se, the Clerk of the Court shall serve copies of the motion on
 1669  counsel of record for both the inmate and the state. Counsel of
 1670  record may file responses within 10 days.
 1671         (2) The trial judge shall review the motion and the
 1672  responses and schedule a hearing. The inmate, collateral
 1673  counsel, and the state shall be present at the hearing.
 1674         (3) The judge shall examine the inmate at the hearing and
 1675  shall hear argument of the inmate, collateral counsel, and the
 1676  state. No fewer than 2 or more than 3 qualified experts shall be
 1677  appointed to examine the inmate if the judge concludes that
 1678  there are reasonable grounds to believe the inmate is not
 1679  mentally competent for purposes of this section. The experts
 1680  shall file reports with the court setting forth their findings.
 1681  Thereafter, the court shall conduct an evidentiary hearing and
 1682  enter an order setting forth findings of competency or
 1683  incompetency.
 1684         (4) If the inmate is found to be incompetent for purposes
 1685  of this section, the court shall deny the motion without
 1686  prejudice.
 1687         (5) If the inmate is found to be competent for purposes of
 1688  this section, the court shall conduct a complete
 1689  Durocher/Faretta inquiry to determine whether the inmate
 1690  knowingly, freely, and voluntarily wants to dismiss pending
 1691  postconviction proceedings and discharge collateral counsel.
 1692         (6) If the court determines that the inmate has made the
 1693  decision to dismiss pending postconviction proceedings and
 1694  discharge collateral counsel knowingly, freely, and voluntarily,
 1695  the court shall enter an order dismissing all pending
 1696  postconviction proceedings and discharging collateral counsel.
 1697  If the court determines that the inmate has not made the
 1698  decision to dismiss pending postconviction proceedings and
 1699  discharge collateral counsel knowingly, freely, and voluntarily,
 1700  the court shall enter an order denying the motion without
 1701  prejudice.
 1702         (7) If the court denies the motion, the inmate may seek
 1703  review pursuant to s. 924.0581(2). If the court grants the
 1704  motion:
 1705         (a) A copy of the motion, the order, and the transcript of
 1706  the hearing or hearings conducted on the motion shall be
 1707  forwarded to the Clerk of the Supreme Court of Florida within 30
 1708  days; and
 1709         (b) Discharged counsel shall, within 10 days after issuance
 1710  of the order, file with the clerk of the circuit court 2 copies
 1711  of a notice seeking review in the Supreme Court of Florida, and
 1712  shall, within 20 days after the filing of the transcript, serve
 1713  an initial brief. Both the inmate and the state may serve
 1714  responsive briefs.
 1715         (8)(a) Within 10 days of the rendition of an order granting
 1716  a inmate’s motion to discharge counsel and dismiss the motion
 1717  for postconviction relief, discharged counsel must file with the
 1718  clerk of the circuit court a notice seeking review in the
 1719  Florida Supreme Court.
 1720         (b) The circuit judge presiding over the motion to dismiss
 1721  and discharge counsel shall order a transcript of the hearing to
 1722  be prepared and filed with the clerk of the circuit court no
 1723  later than 25 days from rendition of the final order. Within 30
 1724  days of the granting of a motion to dismiss and discharge
 1725  counsel, the clerk of the circuit court shall forward a copy of
 1726  the motion, order, and transcripts of all hearings held on the
 1727  motion to the Clerk of the Florida Supreme Court.
 1728         (c) Within 20 days of the filing of the record in the
 1729  Florida Supreme Court, discharged counsel shall serve an initial
 1730  brief. Both the state and the prisoner may serve responsive
 1731  briefs. All briefs must be served and filed as prescribed by
 1732  rule 9.210 of the Rules of Appellate Procedure.
 1733         (d) The Florida Supreme Court shall rule on the motion
 1734  within 60 days of the last brief filing deadline.
 1735         Section 32. If any provision of this act or the application
 1736  thereof to any person or circumstance is held invalid, the
 1737  invalidity does not affect other provisions or applications of
 1738  the act which can be given effect without the invalid provision
 1739  or application, and to this end the provisions of this act are
 1740  declared severable.
 1741         Section 33. Except as otherwise provided herein, this act
 1742  shall take effect July 1, 2015, contingent upon voter approval
 1743  of SJR_____ in the General Election of 2014.