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





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2054

    Amendment No. 1

                            CHAMBER ACTION
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10                                                                

11  The Committee on Fiscal Policy recommended the following

12  amendment:

13

14         Senate Amendment (with title amendment) 

15         On page 2, line 1, through page 3, line 18, delete

16  those lines

17

18  and insert:

19         Section 1.  Subsection (4) of section 27.702, Florida

20  Statutes, 1998 Supplement, is amended to read:

21         27.702  Duties of the capital collateral regional

22  counsel; reports.--

23         (4)(a)  The capital collateral regional counsel or

24  private counsel shall give written notification of each

25  pleading filed by that office and the name of the person

26  filing the pleading to the Commission on the Administration of

27  Justice in Capital Cases and to the trial court assigned to

28  the case.

29         (b)  Each capital collateral regional counsel shall

30  provide a quarterly report to the President of the Senate, the

31  Speaker of the House of Representatives, and the Commission on

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2054

    Amendment No. 1





 1  the Administration of Justice in Capital Cases which details

 2  the number of hours worked by investigators and legal counsel

 3  per case and the amounts per case expended during the

 4  preceding quarter in investigating and litigating capital

 5  collateral cases.

 6         Section 2.  Subsection (2) of section 27.703, Florida

 7  Statutes, is amended to read:

 8         27.703  Conflict of interest and substitute counsel.--

 9         (2)  Appointed counsel shall be paid from funds

10  appropriated to the Justice Administrative Commission. The

11  hourly rate may not exceed $100. However, effective July 1,

12  1999, all appointments of private counsel under this section

13  shall be in accordance with ss. 27.710 and 27.711.

14         Section 3.  Section 27.709, Florida Statutes, 1998

15  Supplement, is amended to read:

16         27.709  Commission on the Administration of Justice in

17  Capital Cases.--

18         (1)(a)  There is created the Commission on the

19  Administration of Justice in Capital Cases, which shall

20  consist of the six following members:

21         1.  Two members appointed by the Governor.

22         2.  Two members appointed by the President of the

23  Senate from the membership of the Senate. One member shall be

24  a member of the majority party, and one member shall be a

25  member of the minority party.

26         3.  Two members appointed by the Speaker of the House

27  of Representatives from the membership of the House of

28  Representatives. One member shall be a member of the majority

29  party, and one member shall be a member of the minority party.

30         (b)  The chair of the commission shall be selected by

31  the members for a term of 1 year.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2054

    Amendment No. 1





 1         (c)  The commission shall meet quarterly, and other

 2  meetings may be called by the chair upon giving at least 7

 3  days' notice to all members and the public.

 4         (d)  Members of the commission are entitled to per diem

 5  and travel expenses to be paid by the appointing entity.

 6         (e)  The initial members of the commission must be

 7  appointed on or before October 1, 1997. Members of the

 8  commission shall be appointed to serve terms of 4 years each,

 9  except that a member's term shall expire upon leaving office

10  as a member of the Senate or the House of Representatives. Two

11  of the initial members, one from the Senate and one from the

12  House of Representatives, shall be appointed for terms of 2

13  years each. Two of the initial members, one from the Senate

14  and one from the House of Representatives, shall be appointed

15  for terms of 3 years each.

16         (f)  The Office of Legislative Services shall provide

17  staff support for the commission.

18         (2)  The commission shall review the administration of

19  justice in capital collateral cases, receive relevant public

20  input, review the operation of the capital collateral regional

21  counsel, and advise and make recommendations to the Governor,

22  Legislature, and Supreme Court. In addition, the commission

23  shall receive complaints regarding the practice of any office

24  of regional counsel and shall refer any complaint to The

25  Florida Bar, the State Supreme Court, or the Commission on

26  Ethics, as appropriate.

27         (3)  The Commission on the Administration of Justice in

28  Capital Cases shall conduct a study to evaluate whether the

29  elimination of state postconviction proceedings in death

30  penalty cases will reduce delays in carrying out a sentence of

31  death in capital cases. In conducting the study, the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2054

    Amendment No. 1





 1  commission shall take public testimony from any interested

 2  party. The commission shall review the average number of

 3  postconviction motions and writs filed in capital cases, prior

 4  legislative and judicial attempts to reduce delays in capital

 5  cases, and the length of time required for capital

 6  postconviction claims in state and federal court.  The

 7  commission shall consider average delays in capital cases,

 8  whether those delays have increased in the last 10 years, and

 9  the reasons for any increase in delays.  The study shall

10  include a report which addresses the legal, fiscal, and

11  practical considerations concerning the elimination of state

12  postconviction proceedings, and the recommendation of the

13  commission.  Public notice shall be provided, in a manner

14  agreed to by the commission, for all hearings where the

15  commission intends to hear public testimony concerning the

16  elimination of state postconviction proceedings in death

17  penalty cases for purposes of this study. The report shall be

18  submitted to the Speaker of the House of Representatives, the

19  President of the Senate, and the minority leaders in the House

20  and the Senate by December 1, 1998.

21         Section 4.  Subsections (1), (4), and (6) of section

22  27.710, Florida Statutes, 1998 Supplement, are amended to

23  read:

24         27.710  Registry of attorneys applying to represent

25  persons in postconviction capital collateral proceedings;

26  certification of minimum requirements; appointment by trial

27  court.--

28         (1)  The executive director of the Commission on the

29  Administration of Justice in Capital Cases shall compile and

30  maintain a statewide registry of attorneys in private practice

31  who have certified that they meet the minimum requirements of

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2054

    Amendment No. 1





 1  s. 27.704(2) and who are available for appointment by the

 2  court under this section to represent persons convicted and

 3  sentenced to death in this state in postconviction capital

 4  collateral proceedings. To ensure that sufficient attorneys

 5  are available for appointment by the court, when the number of

 6  attorneys on the registry falls below 50, the executive

 7  director shall notify the chief judge of each circuit by

 8  letter and request the chief judge to promptly submit the

 9  names of at least three private attorneys who regularly

10  practice criminal law in that circuit and who appear to meet

11  the minimum requirements to represent persons in

12  postconviction capital collateral proceedings. The executive

13  director shall send an application to each attorney identified

14  by the chief judge so that the attorney may register for

15  appointment as counsel in postconviction capital collateral

16  proceedings. As necessary, the executive director may also

17  advertise in legal publications and other appropriate media

18  for qualified attorneys interested in registering for

19  appointment as counsel in postconviction capital collateral

20  proceedings. Not later than September 1 of each year, and as

21  necessary thereafter, the executive director shall provide to

22  the Chief Justice of the Supreme Court, the chief judge and

23  state attorney in each judicial circuit, and the Attorney

24  General a current copy of its registry of attorneys who are

25  available for appointment as counsel in postconviction capital

26  collateral proceedings. The registry must be indexed by

27  judicial circuit and must contain the requisite information

28  submitted by the applicants in accordance with this section.

29         (4)  Each private attorney who is appointed by the

30  court to represent a capital defendant must enter into a

31  contract with the Comptroller. If the appointed attorney fails

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2054

    Amendment No. 1





 1  to execute the contract within 30 days after the date the

 2  contract is mailed to the attorney, the executive director of

 3  the Commission on Capital Cases shall notify the trial court.

 4  The executive director of the Commission on the Administration

 5  of Justice in Capital Cases shall develop the form of the

 6  contract, and the Comptroller shall function as contract

 7  manager and shall enforce performance of the terms and

 8  conditions of the contract. By signing such contract, the

 9  attorney certifies that he or she intends to continue the

10  representation under the terms and conditions set forth in the

11  contract until the sentence is reversed, reduced, or carried

12  out or until released by order of the trial court.

13         (6)  More than one attorney may not be appointed and

14  compensated at any one time under s. 27.711 to represent a

15  person in postconviction capital collateral proceedings.

16  However, an attorney appointed under this section may

17  designate another attorney to assist him or her if the

18  designated attorney meets the qualifications of this section.

19         Section 5.  Section 27.711, Florida Statutes, 1998

20  Supplement, is amended to read:

21         27.711  Terms and conditions of appointment of

22  attorneys as counsel in postconviction capital collateral

23  proceedings.--

24         (1)  As used in s. 27.710 and this section, the term:

25         (a)  "Capital defendant" means the person who is

26  represented in postconviction capital collateral proceedings

27  by an attorney appointed under s. 27.710.

28         (b)  "Executive director" means the executive director

29  of the Commission on the Administration of Justice in Capital

30  Cases.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2054

    Amendment No. 1





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 1, lines 3-5, delete those lines

 4

 5  and insert:

 6         representation; amending s. 27.702, F.S.;

 7         redesignating the Commission on the

 8         Administration of Justice in Capital Cases as

 9         the Commission on Capital Cases; amending s.

10         27.703, F.S.; requiring private counsel

11         appointments to be in accordance with specified

12         provisions; amending s. 27.709, F.S.;

13         conforming provisions to changes made by the

14         act; amending

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