The Florida Senate

924.055  Time limitations for postconviction proceedings in capital cases.--

(1)  The Legislature recognizes that unjustified delay in postconviction proceedings in capital cases frustrates justice and diminishes public confidence in the criminal justice system. It is the intent of the Legislature that postconviction proceedings in capital cases progress in a fair but timely fashion and that, absent extreme circumstances, the participants in such proceedings abide by the time limitations set forth in this section.

(2)  Within 1 year after the date the Supreme Court issues a mandate on a direct appeal or the United States Supreme Court denies a petition for certiorari, whichever is later, all postconviction motions and petitions that challenge the judgment, sentence, or appellate decision must be filed in the appropriate court.

(3)  Within 90 days after the date the state files a response to a postconviction motion that challenges the judgment or sentence, the circuit court shall conduct all necessary hearings and render a decision.

(4)  Within 200 days after the date a notice is filed appealing an order of the trial court or an extraordinary writ is filed in a postconviction proceeding, the Supreme Court shall render a decision.

(5)  A convicted person must file any petition for habeas corpus in the district court of the United States within 90 days after the date the Supreme Court issues a mandate in a postconviction proceeding.

History.--s. 8, ch. 96-290.