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





                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Burt moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  This act may be cited as the "Death Penalty

18  Reform Act of 2000."

19         Section 2.  Subsection (1) of section 27.702, Florida

20  Statutes, is amended to read:

21         27.702  Duties of the capital collateral regional

22  counsel; reports.--

23         (1)  The capital collateral regional counsel shall

24  represent each person convicted and sentenced to death in this

25  state for the sole purpose of instituting and prosecuting

26  collateral actions challenging the legality of the judgment

27  and sentence imposed against such person in the state courts,

28  federal courts in this state, the United States Court of

29  Appeals for the Eleventh Circuit, and the United States

30  Supreme Court. The capital collateral regional counsel and the

31  attorneys appointed pursuant to s. 27.710 shall file only

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  those postconviction or collateral actions authorized by

 2  statute. The three capital collateral regional counsels'

 3  offices shall function independently and be separate budget

 4  entities, and the regional counsels shall be the office heads

 5  for all purposes. The Justice Administrative Commission shall

 6  provide administrative support and service to the three

 7  offices to the extent requested by the regional counsels. The

 8  three regional offices shall not be subject to control,

 9  supervision, or direction by the Justice Administrative

10  Commission in any manner, including, but not limited to,

11  personnel, purchasing, transactions involving real or personal

12  property, and budgetary matters.

13         Section 3.  Section 119.19, Florida Statutes, is

14  amended to read:

15         119.19  Capital postconviction public records

16  production.--

17         (1)  As used in this section, the term "trial court"

18  means:

19         (a)  The judge who entered the judgment and imposed the

20  sentence of death; or

21         (b)  If a motion for postconviction relief in a capital

22  case under Rule 3.850 or Rule 3.851 has been filed and a

23  different judge has already been assigned to that motion, the

24  judge who is assigned to rule on that motion.

25         (2)  The Secretary of State shall establish and

26  maintain a records repository for the purpose of archiving

27  capital postconviction public records as provided for in this

28  section.

29         (3)(a)  Upon imposition of a death sentence or upon the

30  effective date of this act with respect to any case in which a

31  death sentence has been imposed but the mandate has not yet

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  been issued in an appeal affirming the sentence, issuance of

 2  the Florida Supreme Court's mandate, the Attorney General

 3  shall promptly provide written notification to the state

 4  attorney who prosecuted the case that a death sentence has

 5  been affirmed. Upon receipt of such notification, the

 6  prosecuting state attorney shall promptly provide written

 7  notification to each law enforcement agency involved in the

 8  case and to the Department of Corrections. If available, the

 9  written notification must include the defendant's date of

10  birth, sex, race, and police-case numbers included in the

11  prosecuting attorney's case file.

12         (b)  Within 60 90 days after receipt of notification,

13  each law enforcement agency involved in the case and the

14  prosecuting state attorney who prosecuted the case shall copy,

15  seal, and deliver to the repository all public records, except

16  for those filed in the trial court, which were produced in the

17  investigation or prosecution of the case or, if the records

18  are confidential or exempt, to the clerk of the court in the

19  county in which the capital case was tried. Each agency shall

20  bear the costs of its own compliance.

21         (4)(a)  Upon issuance of the Florida Supreme Court's

22  mandate, the Attorney General shall promptly provide written

23  notification to the Department of Corrections that a death row

24  inmate's sentence has been affirmed.

25         (c)(b)  Within 60 90 days after notification, the

26  Department of Corrections shall copy, seal, and deliver to the

27  repository or, if the records are confidential or exempt, to

28  the clerk of the court in the county in which the capital case

29  was tried all public records determined by the department to

30  be relevant to the subject matter of a capital postconviction

31  claim of the person sentenced to death proceeding under Rule

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  3.850 or Rule 3.851 and where such production would not be

 2  unduly burdensome for the department. The department shall

 3  bear the costs.

 4         (4)(5)(a)  The chief law enforcement officer of each

 5  law enforcement agency that was involved in the case, whether

 6  through an investigation, arrest, prosecution, or

 7  incarceration, shall notify the Attorney General upon

 8  compliance with subsection (3) and shall certify that to the

 9  best of his or her knowledge and belief all public records in

10  possession of the agency or in possession of any employee of

11  the agency have been copied, indexed, and delivered to the

12  records repository or, if the records are confidential or

13  exempt, to the clerk of the court in the county in which the

14  capital case was tried as required by this section subsection

15  (3).

16         (b)  The prosecuting state attorney who prosecuted the

17  case shall provide written notification to the Attorney

18  General upon compliance with subsection (3) and shall certify

19  that to the best of his or her knowledge and belief all public

20  records in his or her possession have been copied, indexed,

21  and delivered to the records repository or, if the records are

22  confidential or exempt, to the clerk of the court in the

23  county in which the capital case was tried as required by this

24  section subsection (3).

25         (c)  The Secretary of Corrections shall provide written

26  notification to the Attorney General upon compliance with

27  paragraph (3)(c) subsection (4) and shall certify that to the

28  best of his or her knowledge and belief all public records in

29  the department's possession have been copied, indexed, and

30  delivered to the records repository or, if the records are

31  confidential or exempt, to the clerk of the court in the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  county in which the capital case was tried as required by this

 2  section paragraph (4)(b).

 3         (5)(6)(a)  Within 60 90 days after the imposition of a

 4  death sentence or upon the effective date of this act with

 5  respect to any case in which a death sentence has been imposed

 6  but the mandate has not yet been issued in an appeal affirming

 7  the sentence issuance of the Florida Supreme Court's mandate

 8  affirming a death sentence, both the public defender or

 9  private counsel for the defendant and the prosecuting state

10  attorney involved in the case shall provide written

11  notification to the Attorney General of the name and address

12  of any person or agency in addition to those persons and

13  agencies listed in subsection subsections (3) and (4) which

14  may have information pertinent to the case unless previously

15  provided to the capital collateral regional counsel or

16  postconviction private counsel. The Attorney General shall

17  promptly provide written notification to each identified

18  person or agency after receiving the information from the

19  public defender, private counsel for the defendant, or

20  prosecuting state attorney and shall request that all public

21  records in the possession of the person or agency which

22  pertain to the case be copied, sealed, and delivered to the

23  records repository.

24         (b)  Within 60 90 days after receiving a request for

25  public records under paragraph (a), the person or agency shall

26  provide written notification to the Attorney General of

27  compliance with this subsection and shall certify that to the

28  best of his or her knowledge and belief all public records

29  requested have been copied, indexed, and delivered to the

30  records repository or, if the records are confidential or

31  exempt, to the clerk of the court in the county in which the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  capital case was tried.

 2         (6)(7)(a)  Any public record delivered to the records

 3  repository under this section which is confidential or exempt

 4  from the requirements of s. 119.07(1) and s. 24(a), Art. I of

 5  the State Constitution must be separately boxed, without being

 6  redacted, and sealed. The box must be delivered to the clerk

 7  of court in the county in which the capital case was tried.

 8  The outside of the box must clearly identify the public

 9  records as exempt, and the seal may not be broken without an

10  order of the trial court. The outside of the box must identify

11  the nature of the public records and the legal basis under

12  which the public records are exempt.

13         (b)  Upon the entry of an appropriate court order,

14  sealed boxes subject to an inspection by the trial court shall

15  be shipped to the respective clerk of court. Such a box may be

16  opened only for an inspection by the trial court in camera and

17  only after notice giving with a representative of the agency

18  the option to have a representative present at the unsealing

19  by the court. The moving party shall bear all costs associated

20  with the transportation and inspection of such records by the

21  trial court.

22         (7)(8)(a)  Within 180 90 days after a capital

23  collateral regional counsel or private counsel is appointed to

24  represent a defendant sentenced to death, or within 30 days

25  after issuance of the Florida Supreme Court's mandate

26  affirming a death sentence, whichever is later, the regional

27  counsel, private counsel, or other counsel who is a member of

28  The Florida Bar and is authorized by such counsel representing

29  a defendant may shall send a written demand for additional

30  public records to each person or agency submitting public

31  records under subsection subsections (3) and (4) and to each

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  person or agency identified as having information pertinent to

 2  the case under subsection (5) (6). Should the written demand

 3  include requests for records associated with particular named

 4  individuals, the written demand shall also include a brief

 5  statement describing each named persons role in the case and

 6  relationship to the defendant. Race, sex and date of birth

 7  shall also be included in the demand if the public defender,

 8  private counsel or capital collateral regional counsel has

 9  such information. Each person or agency notified under this

10  subsection shall, within 60 90 days after receipt of the

11  written demand, deliver to the records repository or, if the

12  records are confidential or exempt, to the clerk of the court

13  in the county in which the capital case was tried any

14  additional public records in the possession of the person or

15  agency which pertain to the case and shall certify that to the

16  best of his or her knowledge and belief all additional public

17  records have been delivered to the Attorney General or, if no

18  additional public records are found, shall recertify that the

19  public records previously delivered are complete.

20         (b)  Within 25 60 days after receiving the written

21  demand, the agency or person may file an objection in the

22  trial court alleging that the request is overly broad or

23  unduly burdensome. Within 30 days after the filing of an

24  objection, the trial court shall hold a hearing and order an

25  agency or person to produce additional public records if it

26  finds each of the following:

27         1.  The regional counsel or private counsel has made a

28  timely and diligent search as provided in this section.

29         2.  The regional or private counsel's written demand

30  identifies, with specificity, those additional public records

31  that are not at the repository.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1         3.  The additional public records sought are relevant

 2  to the subject matter of a capital postconviction relief

 3  proceeding under Rule 3.850 or Rule 3.851 or appear reasonably

 4  calculated to lead to the discovery of admissible evidence in

 5  prosecuting such claim.

 6         4.  The additional public records request is not

 7  overbroad or unduly burdensome.

 8         (c)  The Attorney General and state attorney shall

 9  provide notification as provided in subsections (3) and (4) on

10  cases where the mandate has issued on the date that this

11  statute becomes effective, but where initial requests for

12  public records have not been made.

13         (c)(d)  If, on the date that this statute becomes

14  effective, a defendant is represented by appointed capital

15  collateral regional counsel or private counsel, and he or she

16  has initiated the public records request process, counsel

17  shall file within 90 days of the effective date of this

18  statute, a written demand for any additional records that have

19  not previously been the subject of a notice to produce. An

20  agency may file an objection to such additional demand, and

21  the trial court shall hold a hearing as provided by paragraph

22  (b). This statute shall not be a basis for renewing requests

23  that have been initiated previously or for relitigating issues

24  pertaining to production of public records upon which a court

25  has ruled prior to the effective date of the statute, or for

26  stopping an execution which has been scheduled based upon a

27  warrant executed by the Governor prior to the effective date

28  of the statute.

29         (d)(e)  If, on October 1, 1998 the date that this

30  statute becomes effective, the defendant has had a Rule 3.850

31  motion denied and no Rule 3.850 motion was is pending, no

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  additional requests shall be made by capital collateral

 2  regional counsel or contracted private counsel until a death

 3  warrant is signed by the Governor and an execution is

 4  scheduled. Within 10 days of the signing of the death warrant,

 5  capital collateral regional counsel or contracted private

 6  counsel may request of a person or agency that the defendant

 7  has previously requested to produce records any records

 8  previously requested to which no objection was raised or

 9  sustained, but which the agency has received or produced since

10  the previous request or which for any reason the agency has in

11  its possession and did not produce within 10 days of the

12  receipt of the previous notice or such shorter time period

13  ordered by the court to comply with the time for the scheduled

14  execution. The person or agency shall produce the record or

15  shall file in the trial court an affidavit stating that it

16  does not have the requested record or that the record has been

17  produced previously.

18         (8)(9)(a)  After production of additional public

19  records or recertification as provided in subsection (7) (8),

20  the regional counsel or the private counsel is prohibited from

21  making any further public records requests under this chapter.

22  An agency is not required to produce additional public records

23  except by court order as provided in this subsection.

24         (b)  In order to obtain additional public records

25  beyond those provided under subsection (7) (8), the regional

26  counsel, private counsel, or other counsel who is a member of

27  The Florida Bar and is authorized by the regional counsel or

28  private counsel shall file an affidavit in the trial court

29  which attests that he or she has made a timely and diligent

30  search of the records repository and specifically identifies

31  those additional public records that are not at the repository

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  and are relevant to the subject matter of a capital

 2  postconviction claim proceeding under Rule 3.850 or Rule 3.851

 3  or are reasonably calculated to lead to the discovery of

 4  admissible evidence in the prosecution of such claim. The

 5  affiant shall provide a copy of the affidavit to all affected

 6  agencies upon the filing of such affidavit in the trial court.

 7         (c)  Within 15 30 days after the filing of an

 8  affidavit, the trial court shall order an agency to produce

 9  additional public records only if it finds each of the

10  following:

11         1.  The regional counsel or private counsel has made a

12  timely and diligent search as provided in this section.

13         2.  The regional or private counsel's affidavit

14  identifies, with specificity, those additional public records

15  that are not at the repository.

16         3.  The additional public records sought are relevant

17  to the subject matter of a claim for capital postconviction

18  relief proceeding under Rule 3.850 or Rule 3.851 or appear

19  reasonably calculated to lead to the discovery of admissible

20  evidence in prosecuting such claim.

21         4.  The additional public records request is not

22  overbroad or unduly burdensome.

23         (9)(10)  The Secretary of State capital collateral

24  regional counsel or private counsel shall provide the

25  personnel, supplies, and any necessary equipment used by the

26  capital collateral regional counsel or private counsel to copy

27  records held at the records repository.

28         (10)(11)  The trial court shall resolve any dispute

29  that arises under this section, unless the appellate court has

30  exclusive jurisdiction.

31         (11)(12)  The capital collateral regional counsel or

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  private counsel shall not solicit another person to make a

 2  request for public records on behalf of the regional counsel

 3  or private counsel. The trial court shall impose appropriate

 4  sanctions against any regional counsel or private counsel

 5  found in violation of this subsection.

 6         (12)(13)  Sixty days after a capital sentence is

 7  carried out, 60 days after a defendant is released from

 8  incarceration following the granting of a pardon or reversal

 9  of the sentence, or 60 days after the defendant has been

10  resentenced to a term of years, the Attorney General shall

11  provide written notification to the Secretary of State, who

12  may then destroy the records held by the records repository

13  which pertain to that case.

14         (13)(14)  This section pertains only to the production

15  of records for capital postconviction defendants and does not

16  change or alter any time limitations provided by law governing

17  capital postconviction claims and actions periods specified in

18  Rule 3.850 or Rule 3.851, Florida Rules of Criminal Procedure.

19  Furthermore, this section does not affect, expand, or limit

20  the production of public records for any purposes other than

21  use in a capital postconviction proceeding held pursuant to

22  Rule 3.850 or Rule 3.851, Florida Rules of Criminal Procedure.

23  Nothing in this section constitutes grounds to expand the time

24  limitations or allow any pleading in violation of chapter 924

25  or to stay an execution or death warrant.

26         Section 4.  Section 922.095, Florida Statutes, is

27  amended to read:

28         922.095  Grounds for death warrant; limitations of

29  actions.--A person who is convicted and sentenced to death

30  must pursue all possible collateral remedies within the time

31  limits provided by statute in state and federal court in a

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  timely manner. If any court refuses to grant relief in a

 2  collateral postconviction proceeding, the convicted person has

 3  90 days in which to seek further collateral review. Failure to

 4  seek relief within the statutory time limits further

 5  collateral review within the 90-day period constitutes grounds

 6  for issuance of a death warrant under s. 922.052 or s. 922.14.

 7  Any claim not pursued within the statutory time limits is

 8  barred. No claim filed after the time required by law shall be

 9  grounds for a judicial stay of any warrant.

10         Section 5.  Section 924.055, Florida Statutes, is

11  amended to read:

12         (Substantial rewording of section. See

13         s. 924.055, F.S., for present text.)

14         924.055  Postconviction review in capital cases;

15  legislative findings and intent.--

16         (1)  It is the intent of the Legislature to reduce

17  delays in capital cases and to ensure that all appeals and

18  postconviction actions in capital cases are resolved within 5

19  years after the date a sentence of death is imposed in the

20  circuit court. All capital postconviction actions must be

21  filed as early as possible after the imposition of a sentence

22  of death which may be during a direct appeal of the conviction

23  and sentence. A person sentenced to death or that person's

24  capital postconviction counsel must file any postconviction

25  legal action in compliance with the statutes of limitation

26  established in s. 924.056 and elsewhere in this chapter.

27  Except as expressly allowed by s. 924.056(5), a person

28  sentenced to death or that person's capital postconviction

29  counsel may not file more than one postconviction action in a

30  sentencing court and one appeal therefrom to the Florida

31  Supreme Court, unless authorized by law.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1         (2)  It is the further intent of the Legislature that

 2  no state resources be expended in violation of this act. In

 3  the event that any state employee or party contracting with

 4  the state violates the provisions of this act, the Attorney

 5  General shall deliver to the Speaker of the House of

 6  Representatives and the President of the Senate a copy of any

 7  court pleading or order that describes or adjudicates a

 8  violation.

 9         Section 6.  Section 924.056, Florida Statutes, is

10  created to read:

11         924.056  Commencement of capital postconviction actions

12  for which sentence of death is imposed on or after the

13  effective date of this act; limitations on actions.--

14         (1)  In every capital case in which the trial court

15  imposes a sentence of death on or after the effective date of

16  this act, this section shall govern all postconviction

17  proceedings in state court.

18         (a)  Within 15 days after imposing a sentence of death,

19  the sentencing court shall appoint the appropriate office of

20  the capital collateral regional counsel or private

21  postconviction counsel, unless the defendant declines to

22  accept postconviction legal representation in which case the

23  state shall not provide postconviction legal representation.

24  Within 30 days after the appointment, the capital collateral

25  regional counsel shall file a notice of appearance in the

26  trial court or a motion to withdraw based on a conflict of

27  interest or for good cause. The court shall appoint private

28  counsel pursuant to part IV of chapter 27 in any case in which

29  the capital collateral regional counsel files a motion to

30  withdraw, or otherwise informs the court that the capital

31  collateral regional counsel cannot comply with the provisions

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  of chapter 924 or in which the court determines that the

 2  agency cannot comply with chapter 924 or other applicable

 3  laws.

 4         (b)  The defendant who accepts the appointment of

 5  postconviction counsel must cooperate with and assist

 6  postconviction counsel. If the sentencing court finds the

 7  defendant is obstructing the postconviction process, the

 8  defendant shall not be entitled to any further postconviction

 9  legal representation provided by the state. Each attorney

10  participating in a capital case on behalf of a defendant must

11  provide all information pertaining to the capital case which

12  the attorney obtained during the representation of that

13  defendant to that defendant's capital postconviction counsel.

14  Postconviction counsel must maintain the confidentiality of

15  any confidential information received from any attorney for

16  that defendant and is subject to the same penalties as the

17  providing attorney for violating confidentiality. If the

18  defendant requests without good cause that any attorney

19  appointed under this subsection be removed or replaced, the

20  court shall notify the defendant that no further state

21  resources may be expended for postconviction representation

22  for that defendant, unless the defendant withdraws the request

23  to remove or replace postconviction counsel. If the defendant

24  does not immediately withdraw his or her request, then any

25  appointed attorney must be removed from the case and no

26  further state resources may be expended for the defendant's

27  postconviction representation. The prosecuting attorney and

28  the defendant's trial counsel shall provide the defendant or,

29  if represented, the defendant's capital postconviction counsel

30  with copies of all pretrial and trial discovery and all

31  contents of the prosecuting attorney's file, except for

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  information that the prosecuting attorney has a legal right

 2  under state or federal law to withhold from disclosure.

 3         (2)  The clerk of the court shall provide a copy of the

 4  record on appeal to the capital postconviction attorney and

 5  the state attorney and Attorney General within 60 days after

 6  the sentencing court appoints postconviction counsel. However,

 7  the court may grant an extension of up to 30 days when

 8  extraordinary circumstances exist.

 9         (3)(a)  With respect to all capital postconviction

10  actions commenced after the effective date of this act, a

11  capital postconviction action is not commenced until the

12  defendant or the defendant's postconviction counsel files a

13  fully pled postconviction action in the sentencing court or,

14  as provided in subsection (4), the Florida Supreme Court. For

15  the purposes of this subsection, a fully pled capital

16  postconviction action is one which complies with s. 924.058(2)

17  or any superseding rule adopted by the Florida Supreme Court.

18  Except as provided by subsection (4) or subsection (5), all

19  capital postconviction actions shall be barred unless they are

20  commenced within 180 days after the filing of the appellant's

21  initial brief in the Florida Supreme Court on direct appeal of

22  the defendant's capital conviction and sentence. The fully

23  pled postconviction action must raise all cognizable claims

24  that the defendant's judgment or sentence was entered in

25  violation of the Constitution or laws of the United States or

26  the Constitution or the laws of the state, including any claim

27  of ineffective assistance of trial counsel, allegations of

28  innocence, or that the state withheld evidence favorable to

29  the defendant. No claim may be considered in such action which

30  could have or should have been raised before trial, at trial,

31  or if preserved on direct appeal. For the purposes of this

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  subsection, a capital postconviction action is not fully pled

 2  unless it satisfies the requirements of s. 924.058(2) or any

 3  superseding rule of court.

 4         (b)  No claim of ineffective assistance of collateral

 5  postconviction counsel may be raised in a state court.

 6         (c)  The pendency of public records requests or

 7  litigation, or the pendency of other litigation, or the

 8  failure of the defendant or the defendant's postconviction

 9  counsel to timely prosecute a case shall not constitute cause

10  for the court to grant any request for an extension of time or

11  other delay. No appeal may be taken from a court's ruling

12  denying such a request for an extension of time or other

13  delay.

14         (d)  The time for commencement, of the postconviction

15  action, may not be tolled for any reason or cause. All claims

16  raised by amendment of a defendant's capital postconviction

17  action are barred if the claims are raised outside the time

18  limitations provided by statute for the filing of capital

19  postconviction actions.

20         (4)  All capital postconviction actions raising any

21  claim of ineffective assistance of direct appeal counsel are

22  barred unless they are commenced in conformity with this

23  subsection. The defendant or the defendant's capital

24  postconviction counsel shall file an action in the Florida

25  Supreme Court raising any claim of ineffective assistance of

26  direct appeal counsel within 45 days after mandate issues

27  affirming the death sentence in the direct appeal.

28         (5)  Regardless of when a sentence is imposed, all

29  successive capital postconviction actions are barred unless

30  commenced by filing a fully pled postconviction action within

31  90 days after the facts giving rise to the cause of action

                                  16
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  were discovered or should have been discovered with the

 2  exercise of due diligence. Such claim shall be barred pursuant

 3  to subsection (3) or s. 924.057 unless the facts underlying

 4  the claim, if proven and viewed in light of the evidence as a

 5  whole, would be sufficient to establish by clear and

 6  convincing evidence that, but for constitutional error, no

 7  reasonable fact finder would have found the defendant guilty

 8  of the underlying offense. Additionally, the facts underlying

 9  this claim must have been unknown to the defendant or his or

10  her attorney and must be such that they could not have been

11  ascertained by the exercise of due diligence prior to filing

12  the earlier postconviction motion. The time period allowed for

13  filing a successive collateral postconviction action shall not

14  be grounds for a stay.

15         Section 7.  Section 924.057, Florida Statutes, is

16  created to read:

17         924.057  Limitation on postconviction cases in which

18  the death sentence was imposed before the effective date of

19  this act.--This section shall govern all capital

20  postconviction actions in cases in which the trial court

21  imposed the sentence of death before the effective date of

22  this act.

23         (1)  Nothing in this act shall expand any right or time

24  period allowed for the prosecution of capital postconviction

25  claims in any case in which a postconviction action was

26  commenced or should have been commenced prior to the effective

27  date of this act.

28         (2)  Except as provided in s. 924.056(5), in every case

29  in which mandate has issued in the Florida Supreme Court

30  concluding at least one capital postconviction action in the

31  state court system, a successive capital postconviction action

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  shall be barred on the effective date of this act, unless the

 2  rules or law in effect immediately prior to the effective date

 3  of this act permitted the successive postconviction action, in

 4  which case the action shall be barred on the date provided in

 5  subsection (4).

 6         (3)  All capital postconviction actions pending on the

 7  effective date of this act shall be barred, and shall be

 8  dismissed with prejudice, unless fully pled in substantial

 9  compliance with s. 924.058, or with any superseding order or

10  rule, on or before:

11         (a)  The time in which the action would be barred by

12  this section if the action had not begun prior to the

13  effective date of this act, or

14         (b)  Any earlier date provided by the rules or law, or

15  court order, in effect immediately prior to the effective date

16  of this act.

17         (4)  In every capital case in which the trial court

18  imposed the sentence of death before the effective date of

19  this act, a capital postconviction action shall be barred

20  unless it is commenced on or before January 8, 2001, or any

21  earlier date provided by the rule or law in effect immediately

22  prior to the effective date of this act.

23         Section 8.  Section 924.058, Florida Statutes, is

24  created to read:

25         924.058  Capital postconviction claims.--This section

26  shall regulate the procedures in actions for capital

27  postconviction relief commencing after the effective date of

28  this act unless and until such procedures are revised by rule

29  or rules adopted by the Florida Supreme Court which

30  specifically reference this section.

31         (1)  The defendant or the defendant's capital

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  postconviction counsel shall not file more than one capital

 2  postconviction action in the sentencing court, one appeal

 3  therefrom in the Florida Supreme Court, and one original

 4  capital postconviction action alleging the ineffectiveness of

 5  direct appeal counsel in the Florida Supreme Court, except as

 6  expressly allowed by s. 924.056(5).

 7         (2)  The defendant's postconviction action shall be

 8  filed under oath and shall be fully pled to include:

 9         (a)  The judgment or sentence under attack and the

10  court which rendered the same;

11         (b)  A statement of each issue raised on appeal and the

12  disposition thereof;

13         (c)  Whether a previous postconviction action has been

14  filed and, if so, the dispostion of all previous claims raised

15  in postconviction litigation; if a previous action or actions

16  have been filed, the reason or reasons the claim or claims in

17  the present motion were not raised in the former action or

18  actions;

19         (d)  The nature of the relief sought;

20         (e)  A fully detailed allegation of the factual basis

21  for any claim of legal or constitutional error asserted,

22  including the attachment of any document supporting the claim,

23  the name and address of any witness, the attachment of

24  affidavits of the witnesses or a proffer of the testimony; and

25         (f)  A concise memorandum of applicable case law as to

26  each claim asserted.

27         (3)  Any capital postconviction action that does not

28  comply with any requirement in this section or other

29  applicable provision in law shall not be considered in any

30  state court. No amendment of a defendant's capital

31  postconviction action shall be allowed by the court after the

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  expiration of the time limitation provided by statute for the

 2  commencement of capital postconviction actions.

 3         (4)  The prosecuting attorney or Attorney General shall

 4  be allowed to file one response to any capital postconviction

 5  action within 60 days after receipt of the defendant's fully

 6  pled capital postconviction action.

 7         Section 9.  Section 924.059, Florida Statutes, is

 8  created to read:

 9         924.059  Time limitations and judicial review in

10  capital postconviction actions.--This section shall regulate

11  the procedures in actions for capital postconviction relief

12  commencing after the effective date of this act unless and

13  until such procedures are revised by rule or rules adopted by

14  the Florida Supreme Court which specifically reference this

15  section.

16         (1)  No amendment of a defendant's capital

17  postconviction action shall be allowed by the court after the

18  expiration of the time periods provided by statute for the

19  filing of capital postconviction claims.

20         (2)  Within 30 days after the state files its answer,

21  the sentencing court shall conduct a hearing to determine if

22  an evidentiary hearing is required, if a hearing has been

23  requested by the defendant or the defendant's capital

24  postconviction counsel. Within 30 days thereafter, the court

25  shall rule whether an evidentiary hearing is required and, if

26  so, shall schedule an evidentiary hearing to be held within 90

27  days. If the court determines that the defendant's capital

28  postconviction action is legally insufficient or the action,

29  files, and records in the case show that the defendant is not

30  entitled to relief, the court shall, within 45 days

31  thereafter, deny the action, setting forth a detailed

                                  20
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  rationale therefore, and attaching or referencing such

 2  portions of the record as are necessary to allow for

 3  meaningful appellate review.

 4         (3)  Within 10 days after the order scheduling an

 5  evidentiary hearing, the defendant or the defendant's capital

 6  postconviction counsel shall disclose the names and addresses

 7  of any potential witnesses not previously disclosed, with

 8  their affidavits or a proffer of their testimony. Upon receipt

 9  of the defendant's disclosure, the state shall have 10 days

10  within which to provide reciprocal disclosure. If the

11  defendant intends to offer expert testimony of his or her

12  mental status, the state shall be entitled to have the

13  defendant examined by an expert of its choosing. All of the

14  defendant's mental status claims shall be deemed denied as a

15  matter of law if the defendant fails to cooperate with the

16  state's expert. Reports provided by expert witnesses shall be

17  disclosed by opposing counsel upon receipt.

18         (4)  Following the evidentiary hearing, the court shall

19  order the transcription of the proceeding which shall be filed

20  within 30 days. Within 30 days after receipt of the

21  transcript, the sentencing court shall issue a final order

22  granting or denying postconviction relief, making detailed

23  findings of fact and conclusions of law with respect to any

24  allegation asserted.

25         (5)  An appeal may be taken to the Supreme Court of

26  Florida within 15 days from the entry of a final order on a

27  capital postconviction action. No interlocutory appeal shall

28  be permitted. No motion for rehearing shall be permitted. The

29  clerk of the court shall promptly serve upon all parties a

30  copy of the final order.

31         (6)  If the sentencing court has denied the capital

                                  21
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  postconviction action without an evidentiary hearing, the

 2  appeal to the Florida Supreme Court will be expeditiously

 3  resolved in a summary fashion. On appeal the case shall be

 4  initially reviewed for a determination whether the sentencing

 5  court correctly resolved the defendant's claims without an

 6  evidentiary hearing. If the Florida Supreme Court determines

 7  an evidentiary hearing should have been held, the decision to

 8  remand for an evidentiary hearing may be made by an order

 9  without an opinion. Jurisdiction shall be relinquished to the

10  trial court for a specified period, which must be scheduled

11  within 30 days and must be concluded within 90 days, for the

12  purpose of conducting an evidentiary hearing on any issue

13  identified by the Florida Supreme Court's order. Thereafter,

14  the record shall be supplemented with the hearing transcript.

15         (7)  The Florida Supreme Court shall render its

16  decision within 180 days after receipt of the record on

17  appeal. If a denial of an action for postconviction relief is

18  affirmed, the Governor may proceed to issue a warrant for

19  execution.

20         (8)  A capital postconviction action filed in violation

21  of the time limitations provided by statute is barred, and all

22  claims raised therein are waived. A state court shall not

23  consider any capital postconviction action filed in violation

24  of s. 924.056 or s. 924.057. The Attorney General shall

25  deliver to the Governor, the President of the Senate, and the

26  Speaker of the House of Representatives a copy of any pleading

27  or order that alleges or adjudicates any violation of this

28  provision.

29         Section 10.  Rule 3.850, Florida Rules of Criminal

30  Procedure, relating to the grant of a new trial, is repealed

31  to the extent that it is inconsistent with this act. Rule

                                  22
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  3.851, Florida Rules of Criminal Procedure as amended January

 2  15, 1998, relating to collateral relief after death sentence

 3  has been imposed, is repealed. Rule 3.852, Florida Rules of

 4  Criminal Procedure, relating to capital postconviction public

 5  records production, is repealed.

 6         Section 11.  Subsections (4) and (5) of section 27.710,

 7  Florida Statutes, are amended to read:

 8         27.710  Registry of attorneys applying to represent

 9  persons in postconviction capital collateral proceedings;

10  certification of minimum requirements; appointment by trial

11  court.--

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

13  court to represent a capital defendant must enter into a

14  contract with the Comptroller. If the appointed attorney fails

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

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

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

18  The Comptroller executive director of the Commission on

19  Capital Cases shall develop the form of the contract, and the

20  Comptroller shall function as contract manager, and shall

21  enforce performance of the terms and conditions of the

22  contract. By signing such contract, the attorney certifies

23  that he or she intends to continue the representation under

24  the terms and conditions set forth in the contract until the

25  sentence is reversed, reduced, or carried out or until

26  released by order of the trial court.

27         (5)(a)  Upon the motion of the capital collateral

28  regional counsel to withdraw pursuant to s. 924.056(1)(a); or

29         (b)  Upon notification by the state attorney or the

30  Attorney General that:

31         1.  Thirty days have elapsed since appointment of the

                                  23
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  capital collateral regional counsel and no entry of appearance

 2  has been filed pursuant to s. 924.056; or

 3         (a)  Ninety-one days have elapsed since the Supreme

 4  Court issued a mandate on a direct appeal, or the Supreme

 5  Court of the United States has denied a petition for

 6  certiorari, whichever is later;

 7         2.(b)  A person under sentence of death who was

 8  previously represented by private counsel is currently

 9  unrepresented in a postconviction capital collateral

10  proceeding,; or

11         (c)  The trial court has issued an order finding that a

12  year and a day have elapsed since the commencement of the

13  period for filing a motion for postconviction relief under s.

14  924.055(2), and the defendant's complete original motion for

15  postconviction relief has not been filed in the trial court,

16

17  the executive director shall immediately notify the trial

18  court that imposed the sentence of death that the court must

19  immediately appoint an attorney, selected from the current

20  registry, to represent such person in collateral actions

21  challenging the legality of the judgment and sentence in the

22  appropriate state and federal courts. The court shall have the

23  authority to strike a notice of appearance filed by a Capital

24  Collateral Regional Counsel, if the court finds the notice was

25  not filed in good faith and may so notify the executive

26  director that the client is no longer represented by the

27  Office of Capital Collateral Regional Counsel.  In making an

28  assignment, the court shall give priority to attorneys whose

29  experience and abilities in criminal law, especially in

30  capital proceedings, are known by the court to be commensurate

31  with the responsibility of representing a person sentenced to

                                  24
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  death. The trial court must issue an order of appointment

 2  which contains specific findings that the appointed counsel

 3  meets the statutory requirements and has the high ethical

 4  standards necessary to represent a person sentenced to death.

 5         Section 12.  Section 27.51, Florida Statutes, is

 6  amended to read:

 7         27.51  Duties of public defender.--

 8         (1)  The public defender shall represent, without

 9  additional compensation, any person who is determined by the

10  court to be indigent as provided in s. 27.52 and who is:

11         (a)  Under arrest for, or is charged with, a felony;

12         (b)  Under arrest for, or is charged with, a

13  misdemeanor, a violation of chapter 316 which is punishable by

14  imprisonment, criminal contempt, or a violation of a municipal

15  or county ordinance in the county court, unless the court,

16  prior to trial, files in the cause an order of no imprisonment

17  which states that the defendant will not be imprisoned if he

18  or she is convicted;

19         (c)  Alleged to be a delinquent child pursuant to a

20  petition filed before a circuit court; or

21         (d)  Sought by petition filed in such court to be

22  involuntarily placed as a mentally ill person or sexually

23  violent predator or involuntarily admitted to residential

24  services as a person with developmental disabilities. However,

25  a public defender does not have the authority to represent any

26  person who is a plaintiff in a civil action brought under the

27  Florida Rules of Civil Procedure, the Federal Rules of Civil

28  Procedure, or the federal statutes, or who is a petitioner in

29  an administrative proceeding challenging a rule under chapter

30  120, unless specifically authorized by statute.

31         (2)  The court may not appoint the public defender to

                                  25
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  represent, even on a temporary basis, any person who is not

 2  indigent.  The court, however, may appoint private counsel in

 3  capital cases as provided in s. 925.035.

 4         (3)  Each public defender shall serve on a full-time

 5  basis and is prohibited from engaging in the private practice

 6  of law while holding office. Assistant public defenders shall

 7  give priority and preference to their duties as assistant

 8  public defenders and shall not otherwise engage in the

 9  practice of criminal law.

10         (4)  The public defender for a judicial circuit

11  enumerated in this subsection shall, after the record on

12  appeal is transmitted to the appellate court by the office of

13  the public defender which handled the trial and if requested

14  by any public defender within the indicated appellate

15  district, handle all felony appeals to the state and federal

16  courts required of the official making such request:

17         (a)  Public defender of the second judicial circuit, on

18  behalf of any public defender within the district comprising

19  the First District Court of Appeal.

20         (b)  Public defender of the tenth judicial circuit, on

21  behalf of any public defender within the district comprising

22  the Second District Court of Appeal.

23         (c)  Public defender of the eleventh judicial circuit,

24  on behalf of any public defender within the district

25  comprising the Third District Court of Appeal.

26         (d)  Public defender of the fifteenth judicial circuit,

27  on behalf of any public defender within the district

28  comprising the Fourth District Court of Appeal.

29         (e)  Public defender of the seventh judicial circuit,

30  on behalf of any public defender within the district

31  comprising the Fifth District Court of Appeal.

                                  26
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1         (5)  When the public defender for a judicial circuit

 2  enumerated in subsection (4) has represented at trial a person

 3  sentenced to death, the public defender shall not represent

 4  that person in any direct appellate proceedings. That public

 5  defender shall notify the Florida Supreme Court within 10 days

 6  after filing a notice of appeal, and the Court shall appoint

 7  another public defender enumerated in subsection (4) to

 8  represent the person in any direct appellate proceedings.

 9         (6)(5)(a)  When direct appellate proceedings prosecuted

10  by a public defender on behalf of an accused and challenging a

11  judgment of conviction and sentence of death terminate in an

12  affirmance of such conviction and sentence, whether by the

13  Florida Supreme Court or by the United States Supreme Court or

14  by expiration of any deadline for filing such appeal in a

15  state or federal court, the public defender shall notify the

16  accused of his or her rights pursuant to Rule 3.850, Florida

17  Rules of Criminal Procedure, including any time limits

18  pertinent thereto, and shall advise such person that

19  representation in any collateral proceedings is the

20  responsibility of the capital collateral representative.  The

21  public defender shall then forward all original files on the

22  matter to the capital collateral representative, retaining

23  such copies for his or her files as may be desired. However,

24  the trial court shall retain the power to appoint the public

25  defender or other attorney not employed by the capital

26  collateral representative to represent such person in

27  proceedings for relief by executive clemency pursuant to s.

28  925.035.

29         (b)  It is the intent of the Legislature that any

30  public defender representing an inmate in any collateral

31  proceedings in any court on June 24, 1985, shall continue

                                  27
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  representation of that inmate in all postconviction

 2  proceedings unless relieved of responsibility from further

 3  representation by the court.

 4         (7)(6)  A sum shall be appropriated to the public

 5  defender of each judicial circuit enumerated in subsection (4)

 6  for the employment of assistant public defenders and clerical

 7  employees and the payment of expenses incurred in cases on

 8  appeal.

 9         Section 13.  Subsections (1) and (2) of section 27.703,

10  Florida Statutes, are amended to read:

11         27.703  Conflict of interest and substitute counsel.--

12         (1)  The capital collateral regional counsel shall not

13  accept an appointment or take any other action that will

14  create a conflict of interest. If, at any time during the

15  representation of a person two or more persons, the capital

16  collateral regional counsel determines that the continued

17  representation of that person creates a interests of those

18  persons are so adverse or hostile that they cannot all be

19  counseled by the regional counsel or his or her staff without

20  conflict of interest, the sentencing court shall, upon

21  application by the regional counsel, designate another

22  regional counsel and, only if a conflict exists with the other

23  two counsels, appoint one or more members of The Florida Bar

24  to represent one or more of such persons.

25         (2)  Appointed counsel shall be paid from funds

26  appropriated to the Comptroller Justice Administrative

27  Commission. The hourly rate may not exceed $100. However,

28  effective July 1, 1999, all appointments of private counsel

29  under this section shall be in accordance with ss. 27.710 and

30  27.711.

31         Section 14.  In order to implement the provisions of

                                  28
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  section 27.703, Florida Statutes, as amended by this act, the

 2  Justice Administrative Commission shall transfer all

 3  unexpended funds from Specific Appropriation 615 of the

 4  1999-2000 General Appropriations Act to the Administrative

 5  Trust Fund within the Department of Banking and Finance for

 6  disbursement purposes. The Department of Banking and Finance

 7  is authorized to expend such funds transferred by the Justice

 8  Administrative Commission for contracts with private

 9  attorneys. In addition, the Department of Banking and Finance

10  is authorized to expend up to $60,000 of such funds for

11  associated administrative support and two additional positions

12  are authorized for fiscal year 1999-2000.

13         Section 15.  Subsection (2) of section 27.709, Florida

14  Statutes, is amended to read:

15         27.709  Commission on Capital Cases.--

16         (2)(a)  The commission shall review the administration

17  of justice in capital collateral cases, receive relevant

18  public input, review the operation of the capital collateral

19  regional counsel, and advise and make recommendations to the

20  Governor, Legislature, and Supreme Court.

21         (b)  As part of its duties, the commission shall

22  compile and analyze case-tracking reports produced by the

23  Supreme Court. In analyzing these reports, the commission

24  shall develop statistics to identify trends and changes in

25  case management and case processing, identify and evaluate

26  unproductive points of delay, and generally evaluate the way

27  cases are progressing. The commission shall report these

28  findings to the Legislature by January 1 of each year.

29         (c)  In addition, the commission shall receive

30  complaints regarding the practice of any office of regional

31  counsel and shall refer any complaint to The Florida Bar, the

                                  29
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  State Supreme Court, or the Commission on Ethics, as

 2  appropriate.

 3         Section 16.  Subsection (3) of section 27.711, Florida

 4  Statutes, is amended, and subsection (13) is added to that

 5  section, to read:

 6         27.711  Terms and conditions of appointment of

 7  attorneys as counsel in postconviction capital collateral

 8  proceedings.--

 9         (3)  An attorney appointed to represent a capital

10  defendant is entitled to payment of the fees set forth in this

11  section only upon full performance by the attorney of the

12  duties specified in this section and approval of payment by

13  the trial court, and the submission of a payment request by

14  the attorney, subject to the availability of sufficient

15  funding specifically appropriated for this purpose.  The

16  Comptroller Justice Administrative Commission shall notify the

17  executive director and the court if it appears that sufficient

18  funding has not been specifically appropriated for this

19  purpose to pay any fees which may be incurred. The attorney

20  shall maintain appropriate documentation, including a current

21  and detailed hourly accounting of time spent representing the

22  capital defendant. The fee and payment schedule in this

23  section is the exclusive means of compensating a

24  court-appointed attorney who represents a capital defendant.

25  When appropriate, a court-appointed attorney must seek further

26  compensation from the Federal Government, as provided in 18

27  U.S.C. s. 3006A or other federal law, in habeas corpus

28  litigation in the federal courts.

29         (13)  Prior to the filing of a motion for order

30  approving payment of attorney's fees, costs, or related

31  expenses, the assigned counsel shall deliver a copy of his

                                  30
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  intended billing, together with supporting affidavits and all

 2  other necessary documentation, to the Comptroller's named

 3  contract manager. The contract manager shall have 10 business

 4  days from receipt to review the billings, affidavit, and

 5  documentation for completeness and compliance with contractual

 6  and statutory requirements. If the contract manager objects to

 7  any portion of the proposed billing, the objection and reasons

 8  therefor shall be communicated to the assigned counsel. The

 9  assigned counsel may thereafter file his or her motion for

10  order approving payment of attorney's fees, costs, or related

11  expenses together with supporting affidavits and all other

12  necessary documentation. The motion must specify whether the

13  Comptroller's contract manager objects to any portion of the

14  billing or the sufficiency of documentation and, if so, the

15  reason therefor. A copy of the motion and attachments shall be

16  served on the Comptroller's contract manager, who shall have

17  standing to file pleadings and appear before the court to

18  contest any motion for order approving payment. The fact that

19  the Comptroller's contract manager has not objected to any

20  portion of the billing or to the sufficiency of the

21  documentation is not binding on the court, which retains

22  primary authority and responsibility for determining the

23  reasonableness of all billings for fees, costs, and related

24  expenses, subject to statutory limitations.

25         Section 17.  Section 924.395, Florida Statutes, is

26  created to read:

27         924.395  Sanctions.--

28         (1)  The Legislature strongly encourages the courts,

29  through their inherent powers and pursuant to this section, to

30  impose sanctions against any person within the court's

31  jurisdiction who is found by a court, in a capital

                                  31
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  postconviction proceeding or appeal therefrom, to have:

 2         (a)  Abused a petition for extraordinary relief,

 3  postconviction motion, or appeal therefrom;

 4         (b)  Raised a claim that a court has found to be

 5  frivolous or procedurally barred or that should have been

 6  raised on the direct appeal;

 7         (c)  Improperly withheld evidence or testimony; or

 8         (d)  Adversely affected the orderly administration of

 9  justice.

10         (2)  Sanctions the court may and should consider, when

11  applicable and appropriate in a case, include, but are not

12  limited to:

13         (a)  Dismissal of a pleading;

14         (b)  Disciplinary sanctions;

15         (c)  A fine; and

16         (d)  Any other sanction that is available to the court

17  under its inherent powers.

18         Section 18.  Section 922.108, Florida Statutes, is

19  created to read:

20         922.108  Sentencing orders in capital cases.--The

21  sentence of death must not specify any particular method of

22  execution. The wording or form of the sentencing order shall

23  not be grounds for reversal of any sentence.

24         Section 19.  Paragraph (b) of subsection (6) of section

25  924.051, Florida Statutes, is repealed.

26         Section 20.  The Legislature finds that centralized

27  case management of capital postconviction actions has the

28  potential to reduce delays and should be considered. The

29  Legislature requests that the Florida Supreme Court study the

30  feasibility of a requirement that all capital postconviction

31  actions be filed in the Florida Supreme Court as proposed by a

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1  member of the Supreme Court Committee on Postconviction Relief

 2  in Capital Cases (Morris Committee). The Legislature

 3  recognizes that such a reform may substantially enhance

 4  judicial efficiency and may initially necessitate additional

 5  workload funding. If the Supreme Court finds that centralized

 6  case management is a more efficient model, the Court shall

 7  estimate the implementation costs. The Legislature requests

 8  that the Court submit any recommendation to the Governor, the

 9  Senate, and the House of Representatives before January 1,

10  2001.

11         Section 21.  If any provision of this act or the

12  application thereof to any person or circumstance is held

13  invalid, the invalidity does not affect other provisions or

14  applications of the act which can be given effect without the

15  invalid provision or application, and to this end the

16  provisions of this act are declared severable.

17         Section 22.  This act shall take effect upon becoming a

18  law, but section 10 shall take effect only if this act is

19  passed by the affirmative vote of two-thirds of the membership

20  of each house of the Legislature.

21

22

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

24  And the title is amended as follows:

25         Delete everything before the enacting clause

26

27  and insert:

28                      A bill to be entitled

29         An act relating to capital offenses; creating

30         the "Death Penalty Reform Act of 2000";

31         amending s. 27.702, F.S.; providing limitation

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1         on the filing of postconviction and collateral

 2         actions; amending s. 119.19, F.S.; revising

 3         provisions relating to capital postconviction

 4         public records production; amending s. 922.095,

 5         F.S.; revising provisions with respect to

 6         grounds for a death warrant; providing a

 7         limitation on actions; amending s. 924.055,

 8         F.S.; revising provisions with respect to

 9         postconviction review in capital cases;

10         providing for legislative findings and intent;

11         creating s. 924.056, F.S.; providing for

12         capital postconviction proceedings for which a

13         sentence of death is imposed on or after the

14         effective date of this act; creating s.

15         924.057, F.S.; providing for a limitation on

16         postconviction cases in which the death

17         sentence was imposed before the effective date

18         of this act; creating s. 924.058, F.S.;

19         providing for capital postconviction claims;

20         creating s. 924.059, F.S.; providing for time

21         limitations on judicial review in capital

22         postconviction actions; repealing Rule 3.850,

23         Florida Rules of Criminal Procedure, relating

24         to the grant of a new trial to the extent it is

25         inconsistent with this act; repealing Rule

26         3.851, Florida Rules of Criminal Procedure,

27         relating to collateral relief after the death

28         sentence has been imposed; repealing Rule

29         3.852, Florida Rules of Criminal Procedure,

30         relating to capital postconviction public

31         records production; amending s. 27.710, F.S.;

                                  34
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1         providing for the appointment of attorneys to

 2         represent persons in collateral actions;

 3         amending s. 27.51, F.S.; prohibiting specified

 4         public defenders from providing appellate

 5         representation for certain persons sentenced to

 6         death; amending s. 27.703, F.S.; providing for

 7         designation of alternative regional counsel

 8         when there is a conflict of interest; revising

 9         provisions governing the payment of such

10         counsel; providing for the transfer of funds to

11         be used for contracts with private attorneys

12         and authorizing additional support positions;

13         amending s. 27.709, F.S.; requiring the

14         Commission on Capital Cases to compile and

15         analyze case-tracking reports produced by the

16         Supreme Court; amending s. 27.711, F.S.;

17         revising provisions governing the payment of

18         assigned counsel; providing for review of the

19         billings of assigned counsel; creating s.

20         924.395, F.S.; providing for sanctions against

21         any person within the court's jurisdiction for

22         certain actions taken in capital postconviction

23         proceedings or appeals therefrom; creating s.

24         922.108, F.S.; providing for sentencing orders

25         in capital cases; repealing s. 924.051(6)(b),

26         F.S., which imposes limitations on the filing

27         of motions for collateral or other

28         postconviction relief and on the calling of

29         expert witnesses; requesting the Supreme Court

30         to study the feasibility of requiring all

31         capital postconviction actions to be filed in

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1-A, 1st Eng.

    Amendment No.    





 1         the Supreme Court and requesting the Court to

 2         submit its recommendations by a specified date;

 3         providing for severability; providing an

 4         effective date.

 5

 6         WHEREAS, it is in the best interest of the

 7  administration of justice that a sentence of death ordered by

 8  the courts of this state be carried out in a manner that is

 9  fair, just, and humane and that conforms to constitutional

10  requirements, and

11         WHEREAS, in order for capital punishment to be fair,

12  just, and humane for both the family of victims and for

13  offenders, there must be a prompt and efficient administration

14  of justice following any sentence of death ordered by the

15  courts of this state, and

16         WHEREAS, in order to ensure the fair, just, and humane

17  administration of capital punishment, it is necessary for the

18  Legislature to comprehensively address both the method by

19  which an execution is carried out and the processes by which

20  an offender sentenced to death may pursue postconviction and

21  collateral review of the judgment and the sentence of death,

22  NOW, THEREFORE,

23

24

25

26

27

28

29

30

31

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