The Florida Senate

¹924.055  Postconviction review in capital cases; legislative findings and intent.--

(1)  It is the intent of the Legislature to reduce delays in capital cases and to ensure that all appeals and postconviction actions in capital cases are resolved within 5 years after the date a sentence of death is imposed in the circuit court. All capital postconviction actions must be filed as early as possible after the imposition of a sentence of death which may be during a direct appeal of the conviction and sentence. A person sentenced to death or that person's capital postconviction counsel must file any postconviction legal action in compliance with the statutes of limitation established in s. 924.056 and elsewhere in this chapter. Except as expressly allowed by s. 924.056(5), a person sentenced to death or that person's capital postconviction counsel may not file more than one postconviction action in a sentencing court and one appeal therefrom to the Florida Supreme Court, unless authorized by law.

(2)  It is the further intent of the Legislature that no state resources be expended in violation of this act. In the event that any state employee or party contracting with the state violates the provisions of this act, the Attorney General shall deliver to the Speaker of the House of Representatives and the President of the Senate a copy of any court pleading or order that describes or adjudicates a violation.

History.--s. 8, ch. 96-290; s. 5, ch. 2000-3.

¹Note.--Section 20, ch. 2000-3, provides that "[t]he Legislature finds that centralized case management of capital postconviction actions has the potential to reduce delays and should be considered. The Legislature requests that the Florida Supreme Court study the feasibility of a requirement that all capital postconviction actions be filed in the Florida Supreme Court as proposed by a member of the Supreme Court Committee on Postconviction Relief in Capital Cases (Morris Committee). The Legislature recognizes that such a reform may substantially enhance judicial efficiency and may initially necessitate additional workload funding. If the Supreme Court finds that centralized case management is a more efficient model, the Court shall estimate the implementation costs. The Legislature requests that the Court submit any recommendation to the Governor, the Senate, and the House of Representatives before January 1, 2001."