Senate Bill 0356c2

CODING: Words stricken are deletions; words underlined are additions.


    Florida Senate - 1998                     CS for CS for SB 356

    By the Committees on Judiciary, Criminal Justice and Senators
    Williams, Kirkpatrick and Brown-Waite




    308-2225-98

  1                      A bill to be entitled

  2         An act relating to appellate review; creating a

  3         task force to review the death penalty appeal

  4         process; providing for the composition of the

  5         task force; providing for the term of the task

  6         force; providing for organization and

  7         composition; providing for powers and duties;

  8         requiring the task force to maintain the

  9         confidentiality of certain documents and other

10         information; providing an effective date.

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12         WHEREAS, because the effectiveness of the death penalty

13  as a deterrent to violent crime is related to its swift and

14  fair application to criminals sentenced to die, it is

15  important to review the current laws and procedures applicable

16  to death penalty appeals to assure that the process best

17  serves society's interests within the boundaries established

18  by the State Constitution and the Constitution of the United

19  States, NOW, THEREFORE,

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21  Be It Enacted by the Legislature of the State of Florida:

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23         Section 1.  (1)  There shall be created within the

24  Office of the Attorney General the Death Penalty Appeals Task

25  Force. The Task Force shall be composed of:

26         (a)  Two persons appointed by the Chief Justice of the

27  Supreme Court;

28         (b)  Two persons appointed by the Speaker of the House

29  of Representatives;

30         (c)  Two persons appointed by the President of the

31  Senate;

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                     CS for CS for SB 356
    308-2225-98




  1         (d)  Two persons appointed by the Governor;

  2         (e)  The Attorney General or his or her designee;

  3         (f)  Two persons appointed by the Florida Public

  4  Defender Association; and

  5         (g)  Two persons appointed by the Florida Prosecuting

  6  Attorneys Association.

  7         (2)  The task force members shall serve from

  8  appointment until the adjournment sine die of the regular

  9  legislative session held in 1999.

10         (3)  The task force shall elect one of its members as

11  chairperson.

12         (4)  The members of the task force shall serve without

13  compensation, but shall be reimbursed for per diem and travel

14  expenses as provided in section 112.061, Florida Statutes.

15         (5)  The task force shall examine and recommend methods

16  to avoid multiple appeals and to avoid unjustifiable delays in

17  death penalty cases.

18         (6)  The actions, investigations, and proceedings of

19  the task force are exempt from the provisions of chapter 120,

20  Florida Statutes.

21         (7)  The task force may procure information and

22  assistance from any officer or agency of the state or any

23  subdivision thereof, including all courts of this state. A

24  document or other information that is exempt from public

25  inspection under chapter 119, Florida Statutes, does not

26  become a public record when it is provided by any officer or

27  agency to the task force for review or consideration, and the

28  task force shall maintain the confidentiality of such document

29  or information.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                     CS for CS for SB 356
    308-2225-98




  1         (8)  The task force may appoint on executive director,

  2  who shall serve at the pleasure of the task force, and may

  3  hire additional staff as necessary.

  4         (9)  The task force shall submit a report with

  5  recommended changes, if any, by December 1, 1998, to the

  6  Governor, the President of the Senate, and the Speaker of the

  7  House of Representatives and to the leader of the party in

  8  each chamber which is not the party of the presiding officer.

  9         Section 2.  This act shall take effect upon becoming

10  law.

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12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                          CS for SB 356

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15  The Committee Substitute for Committee Substitute for Senate
    Bill 356 deletes the entirety of the bill and creates a task
16  force to examine multiple appeals and recommend methods to
    avoid these multiple appeals and to avoid unjust delays in
17  death penalty cases. The task force is to consist of 13
    persons appointed by specified individuals and organizations.
18  The members are to serve without compensation but are to
    receive per diem and travel expenses. The task force is to
19  submit a report with recommended changes, if any, by December
    1, 1998, to the Governor, the President of the Senate, the
20  Speaker of the House, and the leader of the party in each
    chamber which is not the party of the presiding officer.
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