CODING: Words stricken are deletions; words underlined are additions.House Bill 3175
    Florida House of Representatives - 1998                HB 3175
        By Representatives Crist, Ball, Trovillion, Futch,
    Bainter, Lynn, Crow, Thrasher, Starks, Livingston, Putnam,
    Wallace, Melvin, Casey, Wise, Posey, Constantine, King,
    Littlefield, Brooks, Jones, Albright, Tamargo, Carlton,
    (Additional Sponsors on Last Printed Page)
  1                      A bill to be entitled
  2         An act relating to state postconviction
  3         proceedings; creating the "Death Penalty
  4         Appeals Reform Act of 1998"; amending s.
  5         27.7001, F.S.; revising legislative intent with
  6         respect to collateral representation to exclude
  7         postconviction proceedings in state court;
  8         amending s. 27.701, F.S.; making the regions of
  9         the capital collateral regional counsel offices
10         coincident with the jurisdictional areas of
11         certain federal court districts; amending s.
12         27.702, F.S., relating to duties of capital
13         collateral regional counsel; eliminating
14         certain duties for representation in state
15         court proceedings; revising time limitation for
16         application for relief in federal court;
17         prohibiting use of state funds by the capital
18         collateral regional counsel offices for
19         purposes of state court litigation; amending s.
20         27.704, F.S.; providing for contracts with
21         private counsel for representation in federal
22         postconviction proceedings; amending s. 27.707,
23         F.S.; providing for service of process of
24         certain subpoenas or court orders issued by
25         federal courts or federal judges; amending s.
26         12, ch. 97-313, Laws of Florida, to eliminate
27         legislative recommendation that the Florida
28         Supreme Court adopt by rule specified
29         provisions limiting the time for postconviction
30         proceedings in capital cases; amending s.
31         27.708, F.S., relating to access to prisoners
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  1         and compliance with Florida Rules of Criminal
  2         Procedure; removing certain provisions with
  3         respect to compliance with Florida Rules of
  4         Criminal Procedure; amending s. 79.01, F.S.,
  5         relating to application and writ for habeas
  6         corpus; providing that a judgment of conviction
  7         or sentence which has been affirmed on direct
  8         appeal constitutes "lawful authority" to detain
  9         a person for purposes of construing specified
10         provisions; amending s. 924.051, F.S.; revising
11         provisions relating to terms and conditions of
12         appeals and collateral review in criminal
13         cases, to provide for elimination of certain
14         postconviction proceedings in state courts;
15         providing that a state court may not review or
16         examine the legality of judgment or sentence
17         imposed in a criminal case by a court of
18         competent jurisdiction, except pursuant to
19         direct appeal; amending s. 924.055, F.S.;
20         prohibiting certain postconviction proceedings
21         in state courts; repealing s. 924.066, F.S.,
22         relating to collateral relief; creating s.
23         925.0365, F.S.; providing that the admission of
24         ineffective assistance of counsel by attorney
25         in a criminal proceeding makes the attorney
26         ineligible for certain public employment or
27         state compensation in criminal matters;
28         providing for mandatory notification by the
29         Attorney General to The Florida Bar and
30         specified other entities of such admission;
31         repealing Rules 3.850, 3.851, and 3.852,
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  1         Florida Rules of Criminal Procedure, relating
  2         to motion to vacate, set aside, or correct
  3         sentence, collateral relief after death
  4         sentence has been imposed, and capital
  5         postconviction public records production,
  6         respectively; providing an effective date.
  7
  8         WHEREAS, convicted murderers sentenced to death are
  9  allowed to file multiple appeals of their convictions and
10  sentences and to reargue factual and legal rulings, causing
11  years of delay in death penalty cases in state courts, and
12         WHEREAS, the federal courts also review the conviction
13  and sentence of every convicted murderer sentenced to death in
14  this state, wherein the convicted murderer again challenges
15  factual and legal rulings of the state courts of this state,
16  and
17         WHEREAS, in cases such as Thompson v. Keohane, 64
18  U.S.L.W. 4027 (Nov. 29, 1995), the United States Supreme Court
19  has allowed state prisoners to relitigate state courts'
20  factual and legal rulings in the federal courts, and
21         WHEREAS, convicted murderers sentenced to death often
22  return to the state courts to file further appeals after
23  previously receiving extensive judicial review in state and
24  federal courts, and
25         WHEREAS, this duplicative system of judicial review of
26  state court judgments and sentences in criminal cases causes
27  unjustifiable delays in death penalty cases, causing further
28  suffering to victims and fostering disrespect of the courts
29  and the rule of law in this state, and
30         WHEREAS, the state courts have granted criminal
31  defendants in this state more rights than ever before in
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  1  history, including extensive pretrial discovery in which
  2  defendants are entitled to examine all evidence long before
  3  trial, and
  4         WHEREAS, Florida provides free legal representation to
  5  criminal defendants, including free postconviction legal
  6  representation, to exercise these legal rights before trial,
  7  during trial, on direct appeal in state courts, on appeal to
  8  the United States Supreme Court, and on postconviction review
  9  in lower federal courts, and
10         WHEREAS, the Board of Executive Clemency has the power
11  to pardon or commute any criminal sentence should the board
12  find sufficient grounds to justify granting such relief, and
13         WHEREAS, the Federal Constitution does not require this
14  state to allow repetitive appeals of criminal judgments and
15  sentences, and
16         WHEREAS, the elimination of state court postconviction
17  review of criminal judgments and sentences that have
18  previously been upheld on direct appeal will further justice,
19  finality, and the rule of law, NOW, THEREFORE,
20
21  Be It Enacted by the Legislature of the State of Florida:
22
23         Section 1.  This act shall be known and may be cited as
24  the "Death Penalty Appeals Reform Act of 1998."
25         Section 2.  Section 27.7001, Florida Statutes, 1996
26  Supplement, is amended to read:
27         27.7001  Legislative intent.--It is the intent of the
28  Legislature to create part IV of this chapter, consisting of
29  ss. 27.7001-27.708, inclusive, to provide for the collateral
30  representation of any person convicted and sentenced to death
31  in this state, so that collateral legal proceedings to
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  1  challenge any Florida capital conviction and sentence may be
  2  commenced in a timely manner and so as to assure the people of
  3  this state that the judgments of its courts may be regarded
  4  with the finality to which they are entitled in the interests
  5  of justice.  It is the further intent of the Legislature that
  6  collateral representation shall not include representation
  7  during retrials, resentencings, proceedings commenced under
  8  chapter 940, or civil litigation, or any postconviction
  9  proceedings in state court.
10         Section 3.  Section 27.701, Florida Statutes, as
11  amended by chapter 97-313, Laws of Florida, is amended to
12  read:
13         27.701  Capital collateral regional counsels.--There
14  are created three regional offices of capital collateral
15  counsel, which shall be located in a northern, middle, and
16  southern region of the state. The northern region shall
17  consist of the area under the jurisdiction of the United
18  States District Court, Northern District of Florida First,
19  Second, Third, Fourth, Eighth, and Fourteenth Judicial
20  Circuits; the middle region shall consist of the area under
21  the jurisdiction of the United States District Court, Middle
22  District of Florida Fifth, Sixth, Seventh, Ninth, Tenth,
23  Twelfth, Thirteenth, and Eighteenth Judicial Circuits; and the
24  southern region shall consist of the area under the
25  jurisdiction of the United States District Court, Southern
26  District of Florida Eleventh, Fifteenth, Sixteenth,
27  Seventeenth, Nineteenth, and Twentieth Judicial Circuits. Each
28  regional office shall be administered by a regional counsel. A
29  regional counsel must be, and must have been for the preceding
30  5 years, a member in good standing of The Florida Bar or a
31  similar organization in another state. Each capital collateral
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  1  regional counsel shall be appointed by the Governor, and is
  2  subject to confirmation by the Senate. The Supreme Court
  3  Judicial Nominating Commission shall recommend to the Governor
  4  three qualified candidates for each appointment as regional
  5  counsel. The Governor shall appoint a regional counsel for
  6  each region from among the recommendations, or, if it is in
  7  the best interest of the fair administration of justice in
  8  capital cases, the Governor may reject the nominations and
  9  request submission of three new nominees by the Supreme Court
10  Judicial Nominating Commission. Each capital collateral
11  regional counsel shall be appointed to a term of 3 years.
12  Vacancies in the office of capital collateral regional counsel
13  shall be filled in the same manner as appointments.  A person
14  appointed as a regional counsel may not run for or accept
15  appointment to any state office for 2 years following vacation
16  of office.
17         Section 4.  Section 27.702, Florida Statutes, as
18  amended by chapter 97-313, Laws of Florida, is amended to
19  read:
20         27.702  Duties of the capital collateral regional
21  counsel; reports.--
22         (1)  The capital collateral regional counsel shall
23  represent each person convicted and sentenced to death by a
24  court of in this state for the sole purpose of instituting and
25  prosecuting collateral actions challenging the legality of the
26  judgment and sentence imposed against such person in the state
27  courts, federal courts in this state, the United States Court
28  of Appeals for the Eleventh Circuit, and the United States
29  Supreme Court.  Representation by the regional counsel shall
30  commence automatically upon termination of direct appellate
31  proceedings in state or federal courts. Within 180 91 days
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  1  after the date the Supreme Court issues a mandate on a direct
  2  appeal or the United States Supreme Court denies a petition
  3  for certiorari, whichever is later, the capital collateral
  4  regional counsel shall file a notice of appearance in the
  5  trial court in which the judgment and sentence were entered
  6  and shall secure all direct-appeal files for collateral
  7  representation and file a petition or motion for any
  8  appropriate relief in federal court, unless the capital
  9  collateral regional counsel determines there are no grounds
10  for federal relief. The capital collateral regional counsel
11  shall comply with all applicable federal laws and rules.  Upon
12  receipt of files from the public defender or other counsel,
13  the capital collateral regional counsel shall assign each such
14  case to personnel in his or her office for investigation,
15  client contact, and any further action the circumstances
16  warrant. The three capital collateral regional counsels'
17  offices shall function independently and be separate budget
18  entities, and the regional counsels shall be the office heads
19  for all purposes. The Justice Administrative Commission shall
20  provide administrative support and service to the three
21  offices to the extent requested by the regional counsels. The
22  three regional offices shall not be subject to control,
23  supervision, or direction by the Justice Administrative
24  Commission in any manner, including, but not limited to,
25  personnel, purchasing, transactions involving real or personal
26  property, and budgetary matters.
27         (2)  The capital collateral regional counsel shall
28  represent each person convicted and sentenced to death by a
29  court of this state within the counsel's region, who has
30  grounds to seek appropriate federal relief, in federal court
31  collateral postconviction proceedings only, unless a court
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  1  appoints or permits other counsel to appear as counsel of
  2  record.
  3         (3)(a)  The capital collateral regional counsel shall
  4  file motions seeking compensation for representation and
  5  reimbursement for expenses pursuant to 18 U.S.C. s. 3006A when
  6  providing representation to indigent persons in the federal
  7  courts, and shall deposit all such payments received into the
  8  Capital Collateral Trust Fund established for such purpose.
  9         (b)  The court having jurisdiction over any nonindigent
10  or indigent-but-able-to-contribute defendant who has been
11  receiving the services of the capital collateral regional
12  counsel may assess attorney's fees and costs against the
13  defendant at any stage in the proceedings as the court may
14  deem appropriate. The determination of indigency or
15  nonindigency of any defendant shall be made by the court
16  pursuant to s. 27.52. Liability for the costs of such
17  representation may be imposed in the form of a lien against
18  the property of the nonindigent or
19  indigent-but-able-to-contribute defendant, which lien shall be
20  enforceable as provided in s. 27.56 or s. 27.561.
21         (4)  Each capital collateral regional counsel shall
22  provide a quarterly report to the President of the Senate, the
23  Speaker of the House of Representatives, and the Commission on
24  the Administration of Justice in Capital Cases which details
25  the number of hours worked by investigators and legal counsel
26  per case and the amounts per case expended during the
27  preceding quarter in investigating and litigating capital
28  collateral cases.
29         (5)  Unless otherwise authorized by the Legislature,
30  the capital collateral regional counsel offices and their
31  personnel are prohibited from using, expending, or otherwise
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  1  committing any state funds for purposes of litigating cases in
  2  the courts of this state, or from entering into any agreement
  3  or contract which would result directly or indirectly in the
  4  ultimate use, expenditure, or commitment of any state funds
  5  for such purposes.
  6         Section 5.  Section 27.704, Florida Statutes, as
  7  amended by chapter 97-313, Laws of Florida, is amended to
  8  read:
  9         27.704  Appointment of assistants and other staff;
10  method of payments.--Each capital collateral regional counsel
11  may:
12         (1)  Appoint, employ, and establish, in such numbers as
13  he or she determines, full-time or part-time assistant
14  counsel, investigators, and other clerical and support
15  personnel who shall be paid from funds appropriated for that
16  purpose.  A full-time assistant capital collateral counsel
17  must be a member in good standing of The Florida Bar, with not
18  less than 3 years' experience in the practice of criminal law,
19  and, prior to employment, must have participated in at least
20  five felony jury trials, five felony appeals, or five capital
21  postconviction evidentiary hearings or any combination of at
22  least five of such proceedings. Law school graduates who do
23  not have the qualifications of a full-time assistant capital
24  collateral counsel may be employed as members of the legal
25  staff but may not be designated as sole counsel for any
26  person.
27         (2)  Contract with private counsel who are members in
28  good standing of The Florida Bar or with public defenders for
29  the purpose of providing prompt and cost-effective
30  representation for individuals who are sentenced to death in
31  this state in federal postconviction proceedings. A private
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  1  counsel or public defender under contract with the regional
  2  counsel must have at least 3 years' experience in the practice
  3  of criminal law, and, prior to the contract, must have
  4  participated in at least five felony jury trials, five felony
  5  appeals, or five capital postconviction evidentiary hearings
  6  or any combination of at least five of such proceedings.
  7         (3)  Appoint pro bono assistant counsel, who must be
  8  members in good standing of The Florida Bar, and who shall
  9  serve without compensation at the discretion of the capital
10  collateral regional counsel.
11         Section 6.  Section 27.707, Florida Statutes, as
12  amended by chapter 97-313, Laws of Florida, is amended to
13  read:
14         27.707  Investigators; service of process.--Each
15  investigator employed by the capital collateral regional
16  counsel has full authority to serve any subpoena or court
17  order issued by any federal court or federal judge in any case
18  for which the office has responsibility for providing
19  representation.
20         Section 7.  Section 12 of chapter 97-313, Laws of
21  Florida, is amended to read:
22         Section 12.  In the interest of promoting justice and
23  integrity with respect to capital collateral representation,
24  the Legislature recommends that the Supreme Court:
25         (1)  Adopt by rule the provisions of section 924.055,
26  Florida Statutes, which limit the time for postconviction
27  proceedings in capital cases.
28         (2)  award pro bono service credit for time spent by an
29  attorney in providing legal representation to an individual
30  sentenced to death in this state, regardless of whether the
31  attorney receives compensation for such representation.
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  1         Section 8.  Section 27.708, Florida Statutes, as
  2  amended by chapter 97-313, Laws of Florida, is amended to
  3  read:
  4         27.708  Access to prisoners; compliance with the
  5  Florida Rules of Criminal Procedure in capital collateral
  6  litigation; records requests; approval of records requests.--
  7         (1)  Each capital collateral regional counsel and his
  8  or her assistants may inquire of all persons sentenced to
  9  death who are incarcerated and tender them advice and counsel
10  at any reasonable time, but this section does not apply with
11  respect to persons who are represented by other counsel.
12         (2)  The capital collateral regional counsel and
13  contracted private counsel must timely comply with all
14  provisions of the Florida Rules of Criminal Procedure
15  governing collateral review of capital cases, including
16  provisions pertaining to requests for records under Florida
17  Rule of Criminal Procedure 3.852.
18         (3)  All requests for records in capital postconviction
19  proceedings must be made in accordance with Florida Rule of
20  Criminal Procedure 3.852, and, if the person sentenced to
21  death is represented by an assistant capital collateral
22  regional counsel or other attorney appointed to assist the
23  regional counsel, the regional counsel must approve the
24  request.
25         Section 9.  Section 79.01, Florida Statutes, is amended
26  to read:
27         79.01  Application and writ.--
28         (1)  When any person detained in custody, whether
29  charged with a criminal offense or not, applies to the Supreme
30  Court or any justice thereof, or to any district court of
31  appeal or any judge thereof or to any circuit judge for a writ
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  1  of habeas corpus and shows by affidavit or evidence probable
  2  cause to believe that he or she is detained without lawful
  3  authority, the court, justice, or judge to whom such
  4  application is made shall grant the writ forthwith, against
  5  the person in whose custody the applicant is detained and
  6  returnable immediately before any of the courts, justices, or
  7  judges as the writ directs.
  8         (2)  For purposes of construing this section, a
  9  judgment of conviction or sentence which has been affirmed on
10  direct appeal constitutes "lawful authority."
11         Section 10.  Subsection (6) of section 924.051, Florida
12  Statutes, as amended by chapters 97-102 and 97-313, Laws of
13  Florida, is repealed, and subsections (2), (5), (7), (8), and
14  (9) of said section are amended to read:
15         924.051  Terms and conditions of appeals and collateral
16  review in criminal cases.--
17         (1)  As used in this section:
18         (a)  "Prejudicial error" means an error in the trial
19  court that harmfully affected the judgment or sentence.
20         (b)  "Preserved" means that an issue, legal argument,
21  or objection to evidence was timely raised before, and ruled
22  on by, the trial court, and that the issue, legal argument, or
23  objection to evidence was sufficiently precise that it fairly
24  apprised the trial court of the relief sought and the grounds
25  therefor.
26         (2)  The right to direct appeal and the provisions for
27  collateral review created in this chapter may only be
28  implemented in strict accordance with the terms and conditions
29  of this section.
30         (3)  An appeal may not be taken from a judgment or
31  order of a trial court unless a prejudicial error is alleged
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  1  and is properly preserved or, if not properly preserved, would
  2  constitute fundamental error. A judgment or sentence may be
  3  reversed on appeal only when an appellate court determines
  4  after a review of the complete record that prejudicial error
  5  occurred and was properly preserved in the trial court or, if
  6  not properly preserved, would constitute fundamental error.
  7         (4)  If a defendant pleads nolo contendere without
  8  expressly reserving the right to appeal a legally dispositive
  9  issue, or if a defendant pleads guilty without expressly
10  reserving the right to appeal a legally dispositive issue, the
11  defendant may not appeal the judgment or sentence.
12         (5)  Collateral relief is not available in state courts
13  on grounds that were or could have been raised at trial and,
14  if properly preserved, on direct appeal of the conviction and
15  sentence. A state court shall not review or examine the
16  legality of a judgment or sentence imposed in a criminal case
17  by a court of competent jurisdiction, except pursuant to a
18  direct appeal of the judgment or sentence to the court having
19  appellate jurisdiction over that criminal case.
20         (6)  A petition or motion for collateral or other
21  postconviction relief may not be considered if it is filed
22  more than 2 years after the judgment and sentence became final
23  in a noncapital case or more than 1 year after the judgment
24  and sentence became final in a capital case in which a death
25  sentence was imposed unless it alleges that:
26         (a)  The facts upon which the claim is predicated were
27  unknown to the petitioner or his attorney and could not have
28  been ascertained by the exercise of due diligence;
29         (b)  The fundamental constitutional right asserted was
30  not established within the period provided for in this
31  subsection and has been held to apply retroactively; or
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  1         (c)  The sentence imposed was illegal because it either
  2  exceeded the maximum or fell below the minimum authorized by
  3  statute for the criminal offense at issue.  Either the state
  4  or the defendant may petition the trial court to vacate an
  5  illegal sentence at any time.
  6         (6)(7)  In a direct appeal or a collateral proceeding,
  7  the party challenging the judgment or order of the trial court
  8  has the burden of demonstrating that a prejudicial error
  9  occurred in the trial court. A conviction or sentence may not
10  be reversed absent an express finding that a prejudicial error
11  occurred in the trial court.
12         (7)(8)  It is the intent of the Legislature that all
13  terms and conditions of direct appeal and collateral review be
14  strictly enforced, including the application of procedural
15  bars, to ensure that all claims of error are raised and
16  resolved at the first opportunity.  It is also the
17  Legislature's intent that all procedural bars to direct appeal
18  and collateral review be fully enforced by the courts of this
19  state.
20         (8)(9)  Funds, resources, or employees of this state or
21  its political subdivisions may not be used, directly or
22  indirectly, in appellate or collateral proceedings unless the
23  use is constitutionally or statutorily mandated.
24         Section 11.  Section 924.055, Florida Statutes, 1996
25  Supplement, is amended to read:
26         924.055  Time limitations for Postconviction
27  proceedings in capital cases prohibited in state courts.--
28         (1)  The Legislature recognizes that unjustified delay
29  in postconviction proceedings in capital cases frustrates
30  justice and diminishes public confidence in the criminal
31  justice system. A state court shall not review or examine the
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  1  legality of a judgment or sentence imposed in a criminal case
  2  by a court of competent jurisdiction, except pursuant to a
  3  direct appeal of the judgment or sentence to the court having
  4  appellant jurisdiction over that criminal case.  It is the
  5  intent of the Legislature that postconviction proceedings in
  6  capital cases progress in a fair but timely fashion and that,
  7  absent extreme circumstances, the participants in such
  8  proceedings abide by the time limitations set forth in this
  9  section.
10         (2)  Within 1 year after the date the Supreme Court
11  issues a mandate on a direct appeal or the United States
12  Supreme Court denies a petition for certiorari, whichever is
13  later, all postconviction motions and petitions that challenge
14  the judgment, sentence, or appellate decision must be filed in
15  the appropriate court.
16         (3)  Within 90 days after the date the state files a
17  response to a postconviction motion that challenges the
18  judgment or sentence, the circuit court shall conduct all
19  necessary hearings and render a decision.
20         (4)  Within 200 days after the date a notice is filed
21  appealing an order of the trial court or an extraordinary writ
22  is filed in a postconviction proceeding, the Supreme Court
23  shall render a decision.
24         (5)  A convicted person must file any petition for
25  habeas corpus in the district court of the United States
26  within 90 days after the date the Supreme Court issues a
27  mandate in a postconviction proceeding.
28         Section 12.  Section 924.066, Florida Statutes, 1996
29  Supplement, is repealed.
30         Section 13.  Section 925.0365, Florida Statutes, is
31  created to read:
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  1         925.0365  Admission of ineffective assistance of
  2  counsel by attorney in criminal proceeding to preclude
  3  attorney from public employment or compensation in criminal
  4  matters; mandatory notification to The Florida Bar of
  5  admission.--
  6         (1)  An attorney who admits to a court to have provided
  7  ineffective assistance of counsel in a criminal matter shall
  8  be ineligible for public employment under chapters 16 and 27
  9  and shall be ineligible to be paid state funds as compensation
10  for representation in any future criminal proceedings
11  initiated after the date the attorney admitted to having
12  provided ineffective assistance of counsel.
13         (2)  When an attorney admits to a court in a
14  postconviction proceeding that he or she provided ineffective
15  assistance of counsel in a criminal matter, then the Attorney
16  General shall immediately notify The Florida Bar of such
17  admission of ineffective assistance of counsel for
18  disciplinary proceedings in accordance with rules promulgated
19  by the Florida Supreme Court.  The Attorney General shall also
20  provide notification of the attorney's admission of
21  ineffective assistance of counsel to the Comptroller, the
22  Commission on the Administration of Justice in Capital Cases,
23  the Florida Supreme Court, and the Justice Administrative
24  Commission.
25         Section 14.  Rules 3.850, 3.851, and 3.852, Florida
26  Rules of Criminal Procedure, relating to motions to vacate,
27  set aside, or correct sentence, collateral relief after death
28  sentence has been imposed, and capital postconviction public
29  records production, respectively, are hereby repealed.
30         Section 15.  This act shall take effect July 1 of the
31  year in which enacted, except that section 14 shall take
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  1  effect only if this act is passed by the affirmative vote of
  2  two-thirds of the membership of each house of the Legislature.
  3
  4            *****************************************
  5                          HOUSE SUMMARY
  6
      Creates the "Death Penalty Appeals Reform Act of 1998."
  7    Provides that collateral representation shall not include
      representation during postconviction proceedings in state
  8    court. Makes the areas of the capital collateral regions
      coincident with the jurisdictional areas of certain
  9    federal court districts.  Revises duties of capital
      collateral regional counsel to eliminate certain
10    representation in state court proceedings.  Prohibits use
      of state funds by the capital collateral regional counsel
11    offices for purposes of any litigation in state court.
      Revises time limitation relating to application for
12    relief in federal court.  Removes certain provisions with
      respect to compliance with Florida Rules of Criminal
13    Procedure.  Provides that a judgment of conviction or
      sentence which has been affirmed on direct appeal
14    constitutes "lawful authority" to detain a person for
      purposes of construing specified provisions. Prohibits
15    postconviction proceedings in state court. Provides
      certain sanctions for attorneys who admit to providing
16    ineffective assistance of counsel. Repeals Rules 3.850,
      3.851, and 3.852, Florida Rules of Criminal Procedure,
17    relating to motion to vacate, set aside, or correct
      sentence, collateral relief after death sentence has been
18    imposed, and capital postconviction public records
      production, respectively. See bill for details.
19
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                         ADDITIONAL SPONSORS
23
    Edwards, Turnbull, Boyd, Bronson, Saunders, Maygarden, Valdes,
24  Fasano, Smith, Minton, Morroni, Fischer, Bitner, Arnall,
    Safley, Feeney, K. Pruitt, Culp, Goode, Peaden, Spratt, Kelly,
25  Byrd, Burroughs, Flanagan, Stabins, Sindler, Cosgrove, D.
    Prewitt, Heyman, Merchant, Fuller, Crady, Dockery, Argenziano,
26  Mackey, Brown, Hafner, Stafford, Bloom, Wiles, Sembler,
    Mackenzie, Jacobs, Harrington, Villalobos and Westbrook
27
28
29
30
31
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