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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 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3175 537-178E-98 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, 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3175 537-178E-98 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 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3175 537-178E-98 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 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3175 537-178E-98 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 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3175 537-178E-98 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 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3175 537-178E-98 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 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3175 537-178E-98 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 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3175 537-178E-98 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 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3175 537-178E-98 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. 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3175 537-178E-98 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 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3175 537-178E-98 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 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3175 537-178E-98 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 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3175 537-178E-98 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 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3175 537-178E-98 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: 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3175 537-178E-98 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 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3175 537-178E-98 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 20 21 ***************************************** 22 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 17