The Florida Senate

As used in this section:

The right to direct appeal and the provisions for collateral review created in this chapter may only be implemented in strict accordance with the terms and conditions of this section.

An appeal may not be taken from a judgment or order of a trial court unless a prejudicial error is alleged and is properly preserved or, if not properly preserved, would constitute fundamental error. A judgment or sentence may be reversed on appeal only when an appellate court determines after a review of the complete record that prejudicial error occurred and was properly preserved in the trial court or, if not properly preserved, would constitute fundamental error.

If a defendant pleads nolo contendere without expressly reserving the right to appeal a legally dispositive issue, or if a defendant pleads guilty without expressly reserving the right to appeal a legally dispositive issue, the defendant may not appeal the judgment or sentence.

Collateral relief is not available on grounds that were or could have been raised at trial and, if properly preserved, on direct appeal of the conviction and sentence.

In a noncapital case, a petition or motion for collateral or other postconviction relief may not be considered if it is filed more than 2 years after the judgment and sentence became final, unless the petition or motion alleges that:

In a direct appeal or a collateral proceeding, the party challenging the judgment or order of the trial court has the burden of demonstrating that a prejudicial error occurred in the trial court. A conviction or sentence may not be reversed absent an express finding that a prejudicial error occurred in the trial court.

It is the intent of the Legislature that all terms and conditions of direct appeal and collateral review be strictly enforced, including the application of procedural bars, to ensure that all claims of error are raised and resolved at the first opportunity. It is also the Legislature’s intent that all procedural bars to direct appeal and collateral review be fully enforced by the courts of this state.

Funds, resources, or employees of this state or its political subdivisions may not be used, directly or indirectly, in appellate or collateral proceedings unless the use is constitutionally or statutorily mandated.

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.

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.

In every capital case in which the trial court imposes a sentence of death on or after the effective date of this act, this section shall govern all postconviction proceedings in state court.

The clerk of the court shall provide a copy of the record on appeal to the capital postconviction attorney and the state attorney and Attorney General within 60 days after the sentencing court appoints postconviction counsel. However, the court may grant an extension of up to 30 days when extraordinary circumstances exist.

All capital postconviction actions raising any claim of ineffective assistance of direct appeal counsel are barred unless they are commenced in conformity with this subsection. The defendant or the defendant’s capital postconviction counsel shall file an action in the Florida Supreme Court raising any claim of ineffective assistance of direct appeal counsel within 45 days after mandate issues affirming the death sentence in the direct appeal.

Regardless of when a sentence is imposed, all successive capital postconviction actions are barred unless commenced by filing a fully pled postconviction action within 90 days after the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence. Such claim shall be barred pursuant to subsection (3) or s. 924.057 unless the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable fact finder would have found the defendant guilty of the underlying offense. Additionally, the facts underlying this claim must have been unknown to the defendant or his or her attorney and must be such that they could not have been ascertained by the exercise of due diligence prior to filing the earlier postconviction motion. The time period allowed for filing a successive collateral postconviction action shall not be grounds for a stay.

Nothing in this act shall expand any right or time period allowed for the prosecution of capital postconviction claims in any case in which a postconviction action was commenced or should have been commenced prior to the effective date of this act.

Except as provided in s. 924.056(5), in every case in which mandate has issued in the Florida Supreme Court concluding at least one capital postconviction action in the state court system, a successive capital postconviction action shall be barred on the effective date of this act, unless the rules or law in effect immediately prior to the effective date of this act permitted the successive postconviction action, in which case the action shall be barred on the date provided in subsection (4).

All capital postconviction actions pending on the effective date of this act shall be barred, and shall be dismissed with prejudice, unless fully pled in substantial compliance with s. 924.058, or with any superseding order or rule, on or before:

In every capital case in which the trial court imposed the sentence of death before the effective date of this act, a capital postconviction action shall be barred unless it is commenced on or before January 8, 2001, or any earlier date provided by the rule or law in effect immediately prior to the effective date of this act.

The defendant or the defendant’s capital postconviction counsel shall not file more than one capital postconviction action in the sentencing court, one appeal therefrom in the Florida Supreme Court, and one original capital postconviction action alleging the ineffectiveness of direct appeal counsel in the Florida Supreme Court, except as expressly allowed by s. 924.056(5).

The defendant’s postconviction action shall be filed under oath and shall be fully pled to include:

Any capital postconviction action that does not comply with any requirement in this section or other applicable provision in law shall not be considered in any state court. No amendment of a defendant’s capital postconviction action shall be allowed by the court after the expiration of the time limitation provided by statute for the commencement of capital postconviction actions.

The prosecuting attorney or Attorney General shall be allowed to file one response to any capital postconviction action within 60 days after receipt of the defendant’s fully pled capital postconviction action.

No amendment of a defendant’s capital postconviction action shall be allowed by the court after the expiration of the time periods provided by statute for the filing of capital postconviction claims.

Within 30 days after the state files its answer, the sentencing court shall conduct a hearing to determine if an evidentiary hearing is required, if a hearing has been requested by the defendant or the defendant’s capital postconviction counsel. Within 30 days thereafter, the court shall rule whether an evidentiary hearing is required and, if so, shall schedule an evidentiary hearing to be held within 90 days. If the court determines that the defendant’s capital postconviction action is legally insufficient or the action, files, and records in the case show that the defendant is not entitled to relief, the court shall, within 45 days thereafter, deny the action, setting forth a detailed rationale therefore, and attaching or referencing such portions of the record as are necessary to allow for meaningful appellate review.

Within 10 days after the order scheduling an evidentiary hearing, the defendant or the defendant’s capital postconviction counsel shall disclose the names and addresses of any potential witnesses not previously disclosed, with their affidavits or a proffer of their testimony. Upon receipt of the defendant’s disclosure, the state shall have 10 days within which to provide reciprocal disclosure. If the defendant intends to offer expert testimony of his or her mental status, the state shall be entitled to have the defendant examined by an expert of its choosing. All of the defendant’s mental status claims shall be deemed denied as a matter of law if the defendant fails to cooperate with the state’s expert. Reports provided by expert witnesses shall be disclosed by opposing counsel upon receipt.

Following the evidentiary hearing, the court shall order the transcription of the proceeding which shall be filed within 30 days. Within 30 days after receipt of the transcript, the sentencing court shall issue a final order granting or denying postconviction relief, making detailed findings of fact and conclusions of law with respect to any allegation asserted.

An appeal may be taken to the Supreme Court of Florida within 15 days from the entry of a final order on a capital postconviction action. No interlocutory appeal shall be permitted. No motion for rehearing shall be permitted. The clerk of the court shall promptly serve upon all parties a copy of the final order.

If the sentencing court has denied the capital postconviction action without an evidentiary hearing, the appeal to the Florida Supreme Court will be expeditiously resolved in a summary fashion. On appeal, the case shall be initially reviewed for a determination whether the sentencing court correctly resolved the defendant’s claims without an evidentiary hearing. If the Florida Supreme Court determines an evidentiary hearing should have been held, the decision to remand for an evidentiary hearing may be made by an order without an opinion. Jurisdiction shall be relinquished to the trial court for a specified period, which must be scheduled within 30 days and must be concluded within 90 days, for the purpose of conducting an evidentiary hearing on any issue identified by the Florida Supreme Court’s order. Thereafter, the record shall be supplemented with the hearing transcript.

The Florida Supreme Court shall render its decision within 180 days after receipt of the record on appeal. If a denial of an action for postconviction relief is affirmed, the Governor may proceed to issue a warrant for execution.

A capital postconviction action filed in violation of the time limitations provided by statute is barred, and all claims raised therein are waived. A state court shall not consider any capital postconviction action filed in violation of s. 924.056 or s. 924.057. The Attorney General shall deliver to the Governor, the President of the Senate, and the Speaker of the House of Representatives a copy of any pleading or order that alleges or adjudicates any violation of this provision.

A defendant may appeal from:

An appeal of an order granting probation shall proceed in the same manner and have the same effect as an appeal of a judgment of conviction. An appeal of an order revoking probation may review only proceedings after the order of probation. If a judgment of conviction preceded an order of probation, the defendant may appeal from the order or the judgment or both.

A defendant who pleads guilty with no express reservation of the right to appeal a legally dispositive issue, or a defendant who pleads nolo contendere with no express reservation of the right to appeal a legally dispositive issue, shall have no right to a direct appeal.

Immediately after denial of a motion for a new trial or a motion in arrest of judgment, the court shall dictate the denial to the court reporter and sentence the defendant. The defendant may file notice of appeal following denial of the motion and sentencing. Upon filing of notice of appeal, the court shall set the amount of the appeal bond if the defendant is entitled to bail. The clerk shall prepare a certificate setting forth the filing and approval of the supersedeas bond, and the certificate shall be sufficient authority for release of the defendant.

An appeal shall not be a supersedeas to the execution of the judgment, sentence, or order until the appellant has entered into a bond with at least two sureties to secure the payment of the judgment, fine, and any future costs that may be adjudged by the appellate court. The bond shall be conditioned on the appellant’s personally answering and abiding by the final order, sentence, or judgment of the appellate court and, if the action is remanded, on the appellant’s appearing at the next term of the court in which the case was originally determined and not departing without leave of court.

An appellant who has been sentenced to death shall not be released on bail.

Subject to the terms and conditions set forth in this chapter, a prisoner in custody may seek relief based upon claims that the judgment of conviction or sentence was imposed in violation of the Constitution or law of the United States or the State of Florida.

Either the state or a prisoner in custody may obtain review in the next higher state court of a trial court’s adverse ruling granting or denying collateral relief. The state may obtain review of any trial court ruling that fails to enforce a procedural bar.

A person in a noncapital case who is seeking collateral review under this chapter has no right to a court-appointed lawyer.

The state may appeal from:

An appeal under this section must embody all assignments of error in each pretrial order that the state seeks to have reviewed. The state shall pay all costs of the appeal except for the defendant’s attorney’s fee.

The state may appeal from a pretrial order dismissing a search warrant or suppressing evidence, however obtained, or which directly and expressly conflicts with an appellate decision of a district court of appeal or of the Florida Supreme Court. The appeal must be taken before the trial.

An appeal by the state from a pretrial order shall stay the case against each defendant upon whose application the order was made until the appeal is determined. If the trial court determines that the evidence, confession, or admission that is the subject of the order would materially assist the state in proving its case against another defendant and that the prosecuting attorney intends to use it for that purpose, the court shall stay the case of that defendant until the appeal is determined. A defendant in custody whose case is stayed either automatically or by order of the court shall be released on his or her own recognizance pending the appeal if he or she is charged with a bailable offense.

When the state appeals from an order dismissing an indictment, information, or affidavit, or a count of it, or an order granting a new trial and the order is affirmed, the appellate court shall direct the trial court to implement the order. If an order dismissing an indictment, information, or affidavit, or a count of it, is reversed, the appellate court shall direct the trial court to permit the defendant to be tried on the reinstated indictment, information, or affidavit. If an order granting a new trial is reversed, the appellate court shall direct that judgment of conviction be entered against the defendant.

A cross-appeal by the state is not jurisdictional. When the state cross-appeals from a ruling on a question of law adverse to the state, the appellate court shall decide the question if it is reasonably capable of repetition in any proceeding.

The Legislature strongly encourages the courts, through their inherent powers and pursuant to this section, to impose sanctions against any person within the court’s jurisdiction who is found by a court, in a capital postconviction proceeding or appeal therefrom, to have:

Sanctions the court may and should consider, when applicable and appropriate in a case, include, but are not limited to: