House Bill 0001Ac1

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    Florida House of Representatives - 2000              CS/HB 1-A

        By the Committee on Crime & Punishment and Representatives
    Crist, Ball, Trovillion, Futch, Merchant, Crady, Feeney, Byrd,
    Maygarden, Cantens, Kilmer, C. Green, Dockery, Argenziano,
    Detert, Fiorentino, Murman, Waters, Sembler, Wise, Lynn,
    (Additional Sponsors on Last Printed Page)


  1                      A bill to be entitled

  2         An act relating to the death penalty; creating

  3         the "Death Penalty Reform Act of 2000";

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

  5         on the filing of postconviction and collateral

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

  7         provisions relating to capital postconviction

  8         public records production; amending s. 922.095,

  9         F.S.; revising provisions with respect to

10         grounds for a death warrant; providing a

11         limitation on actions; amending s. 924.055,

12         F.S.; revising provisions with respect to

13         postconviction review in capital cases;

14         providing for legislative findings and intent;

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

16         capital postconviction proceedings for which a

17         sentence of death is imposed on or after the

18         effective date of this act; creating s.

19         924.057, F.S.; providing for a limitation on

20         postconviction cases in which the death

21         sentence was imposed before the effective date

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

23         providing for capital postconviction claims;

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

25         limitations on judicial review in capital

26         postconviction actions; repealing Rule 3.850,

27         Florida Rules of Criminal Procedure, relating

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

29         inconsistent with this act; repealing Rule

30         3.851, Florida Rules of Criminal Procedure,

31         relating to collateral relief after the death

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  1         sentence has been imposed; repealing Rule

  2         3.852, Florida Rules of Criminal Procedure,

  3         relating to capital postconviction public

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

  5         providing for the appointment of attorneys to

  6         represent persons in collateral actions;

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

  8         public defenders from providing appellate

  9         representation for certain persons sentenced to

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

11         designation of alternative regional counsel

12         when there is a conflict of interest; revising

13         provisions governing the payment of such

14         counsel; providing for the transfer of certain

15         funds to implement the provisions of s. 27.703,

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

17         Commission on Capital Cases to compile and

18         analyze case-tracking reports produced by the

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

20         revising provisions governing the payment of

21         assigned counsel; providing for review of the

22         billings of assigned counsel; amending s.

23         924.051, F.S.; revising language with respect

24         to capital cases in which a sentence of death

25         has been imposed; creating s. 924.395, F.S.;

26         providing for sanctions against inmates and

27         inmates' counsel; providing for severability;

28         providing an effective date.

29

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

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

  2  Reform Act of 2000."

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

  4  Statutes, is amended to read:

  5         27.702  Duties of the capital collateral regional

  6  counsel; reports.--

  7         (1)  The capital collateral regional counsel shall,

  8  unless a motion to withdraw is granted or other order

  9  terminating representation is entered by the state trial

10  court, represent each person convicted and sentenced to death

11  in this state for the sole purpose of instituting and

12  prosecuting collateral actions challenging the legality of the

13  judgment and sentence imposed against such person in the state

14  courts, federal courts in this state, the United States Court

15  of Appeals for the Eleventh Circuit, and the United States

16  Supreme Court. The appropriate office of capital collateral

17  regional counsel shall enter an appearance or file a motion to

18  withdraw pursuant to s. 924.056 not later than 45 days after

19  the entry of every death sentence imposed after the effective

20  date of this act, and not later than 45 days after the

21  effective date of this act in every capital case in which a

22  death sentence is pending and no postconviction counsel has

23  appeared. The capital collateral regional counsel and the

24  attorneys appointed pursuant to s. 27.710 shall file only

25  those postconviction or collateral actions authorized by

26  statute. The three capital collateral regional counsels'

27  offices shall function independently and be separate budget

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

29  for all purposes. The Justice Administrative Commission shall

30  provide administrative support and service to the three

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

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  1  three regional offices shall not be subject to control,

  2  supervision, or direction by the Justice Administrative

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

  4  personnel, purchasing, transactions involving real or personal

  5  property, and budgetary matters.

  6         Section 3.  Section 119.19, Florida Statutes, is

  7  amended to read:

  8         119.19  Capital postconviction public records

  9  production.--

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

11  means:

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

13  sentence of death; or

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

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

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

17  judge who is assigned to rule on that motion.

18         (2)  The Secretary of State shall establish and

19  maintain a records repository for the purpose of archiving

20  capital postconviction public records as provided for in this

21  section.

22         (3)(a)  Upon imposition of a death sentence, or upon

23  the effective date of this act, with respect to any case in

24  which a death sentence has been imposed but the mandate has

25  not yet been issued in an appeal affirming the sentence,

26  issuance of the Florida Supreme Court's mandate, the Attorney

27  General shall promptly provide written notification to the

28  state attorney who prosecuted the case that a death sentence

29  has been affirmed. Upon receipt of such notification, the

30  prosecuting state attorney shall promptly provide written

31  notification to each law enforcement agency involved in the

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  1  case and to the Department of Corrections. The written

  2  notification should include, if available, the defendant's

  3  date of birth, sex, race, and all police case numbers included

  4  in the prosecuting attorney's case file.

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

  6  each law enforcement agency involved in the case and the

  7  prosecuting state attorney who prosecuted the case shall copy,

  8  seal, and deliver to the repository or, if the records are

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

10  county in which the capital case was tried all public records,

11  except for those filed in the trial court, which were produced

12  in the investigation or prosecution of the case. Each agency

13  shall bear the costs of its own compliance. Any public record

14  which is confidential and exempt from the requirements of s.

15  119.07(1) and s. 24(a), Art. I of the State Constitution must

16  be processed pursuant to s. 119.19(6)(b).

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

18  mandate, the Attorney General shall promptly provide written

19  notification to the Department of Corrections that a death row

20  inmate's sentence has been affirmed.

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

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

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

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

25  was tried all public records determined by the department to

26  be relevant to the subject matter of a capital postconviction

27  claim of the person sentenced to death proceeding under Rule

28  3.850 or Rule 3.851 and where such production would not be

29  unduly burdensome for the department. The department shall

30  bear the costs.

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  1         (4)(5)(a)  The chief law enforcement officer of each

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

  3  through an investigation, arrest, prosecution, or

  4  incarceration, shall notify the Attorney General upon

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

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

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

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

  9  records repository as required by subsection (3) or, if the

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

11  in the county in which the capital case was tried.

12         (b)  The prosecuting state attorney who prosecuted the

13  case shall provide written notification to the Attorney

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

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

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

17  and delivered to the records repository as required by

18  subsection (3) or, if the records are confidential or exempt,

19  to the clerk of the court in the county in which the capital

20  case was tried.

21         (c)  The Secretary of Corrections shall provide written

22  notification to the Attorney General upon compliance with

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

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

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

26  delivered to the records repository as required by paragraph

27  (3)(c) or, if the records are confidential or exempt, to the

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

29  tried (4)(b).

30         (5)(6)(a)  Within 60 90 days after the imposition of a

31  death sentence, or after the effective date of this act with

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

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

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

  4  affirming a death sentence, both the public defender or

  5  private counsel for the defendant and the prosecuting state

  6  attorney involved in the case shall provide written

  7  notification to the Attorney General of the name and address

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

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

10  may have information pertinent to the case unless previously

11  provided to the capital collateral regional counsel or

12  postconviction private counsel. The Attorney General shall

13  promptly provide written notification to each identified

14  person or agency after receiving the information from the

15  public defender, private counsel for the defendant, or

16  prosecuting state attorney and shall request that all public

17  records in the possession of the person or agency which

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

19  records repository or, if the records are confidential or

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

21  capital case was tried.

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

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

24  provide written notification to the Attorney General of

25  compliance with this subsection and shall certify that to the

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

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

28  records repository or, if the records are confidential or

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

30  capital case was tried.

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  1         (6)(7)(a)  Any public record delivered to the records

  2  repository under this section which is confidential or exempt

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

  4  the State Constitution must be separately boxed, without being

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

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

  7  The outside of the box must clearly identify the public

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

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

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

11  which the public records are exempt.

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

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

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

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

16  only after notice giving with a representative of the agency

17  the option to have a representative present at the unsealing

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

19  with the transportation and inspection of such records by the

20  trial court.

21         (7)(8)(a)  Within 180 90 days after a capital

22  collateral regional counsel or private counsel is appointed to

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

24  after issuance of the Florida Supreme Court's mandate

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

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

27  The Florida Bar and is authorized by such counsel representing

28  a defendant may shall send a written demand for additional

29  public records to each person or agency submitting public

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

31  person or agency identified as having information pertinent to

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

  2  include requests for records associated with particular named

  3  individuals, the written demand shall also include a brief

  4  statement describing each named person's role in the case

  5  and/or relationship to the defendant. Race, sex, and date of

  6  birth shall also be included in the demand if the public

  7  defender, private counsel, or capital collateral regional

  8  counsel has such information. Each person or agency notified

  9  under this subsection shall, within 60 90 days after receipt

10  of the written demand, deliver to the records repository or,

11  if the records are confidential or exempt, to the clerk of the

12  court in the county in which the capital case was tried any

13  additional public records in the possession of the person or

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

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

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

17  additional public records are found, shall recertify that the

18  public records previously delivered are complete.

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

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

21  trial court alleging that the request is overly broad or

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

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

24  agency or person to produce additional public records if it

25  finds each of the following:

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

27  timely and diligent search as provided in this section.

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

29  identifies, with specificity, those additional public records

30  that are not at the repository.

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  1         3.  The additional public records sought are relevant

  2  to the subject matter of a capital postconviction claim

  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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  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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  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.

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  1         (11)(12)  The capital collateral regional counsel or

  2  private counsel shall not solicit another person to make a

  3  request for public records on behalf of the regional counsel

  4  or private counsel. The trial court shall impose appropriate

  5  sanctions against any regional counsel or private counsel

  6  found in violation of this subsection.

  7         (12)(13)  Sixty days after a capital sentence is

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

  9  incarceration following the granting of a pardon or reversal

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

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

12  provide written notification to the Secretary of State, who

13  may then destroy the records held by the records repository

14  which pertain to that case.

15         (13)(14)  This section pertains only to the production

16  of records for capital postconviction defendants and does not

17  change or alter any time limitations provided by law governing

18  capital postconviction claims and actions periods specified in

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

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

21  the production of public records for any purposes other than

22  use in a capital postconviction proceeding held pursuant to

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

24  Nothing in this section constitutes grounds to expand the time

25  limitations or allow any pleading in violation of chapter 924

26  or to stay an execution or death warrant.

27         Section 4.  Section 922.095, Florida Statutes, is

28  amended to read:

29         922.095  Grounds for death warrant; limitations of

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

31  must pursue all possible collateral remedies within the time

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

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

  3  collateral postconviction proceeding, the convicted person has

  4  90 days in which to seek further collateral review. Failure to

  5  seek relief within the statutory time limits further

  6  collateral review within the 90-day period constitutes grounds

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

  8  Any claim not pursued within the statutory time limits is

  9  barred. No claim filed after the time allowed by law shall be

10  grounds for a judicial stay of any warrant.

11         Section 5.  Section 924.055, Florida Statutes, is

12  amended to read:

13         (Substantial rewording of section. See

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

15         924.055  Postconviction review in capital cases;

16  legislative findings and intent.--

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

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

19  postconviction actions in capital cases are resolved within 5

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

21  circuit court. All capital postconviction actions should be

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

23  of death, which may be during a direct appeal of the

24  conviction and sentence. A person sentenced to death must file

25  any postconviction legal action in compliance with the

26  statutes of limitation established in s. 924.056 et seq. or

27  elsewhere in this chapter. Except as expressly allowed by s.

28  924.056(5), no person sentenced to death should be permitted

29  to file more than one postconviction action in a sentencing

30  court and one appeal therefrom to the Florida Supreme Court.

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  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 of any violation of the provisions of this act, the

  4  Attorney General shall deliver to the Speaker of the House of

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

  6  court pleading or order describing or adjudicating a

  7  violation.

  8         Section 6.  Section 924.056, Florida Statutes, is

  9  created to read:

10         924.056  Commencement of capital postconviction actions

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

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

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

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

15  this act, this section shall govern all postconviction

16  proceedings in state court.

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

18  the sentencing court shall appoint the appropriate office of

19  the capital collateral regional counsel or private

20  postconviction counsel, unless the defendant waives

21  postconviction legal representation in which case the state

22  shall not provide postconviction legal representation. Within

23  30 days after the appointment, the capital collateral regional

24  counsel shall file a notice of appearance in the trial court

25  or a motion to withdraw based on a conflict of interest or

26  other legal ground. The court shall appoint private counsel

27  pursuant to part IV of chapter 27 in any case in which the

28  capital collateral regional counsel files a motion to

29  withdraw, or otherwise informs the court that the capital

30  collateral regional counsel cannot comply with the provisions

31  of chapter 924, or in which the court determines that the

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  1  agency cannot comply with chapter 924 or other applicable

  2  laws.

  3         (b)  The defendant who accepts the appointment of

  4  postconviction counsel must cooperate with and assist

  5  postconviction counsel. If the sentencing court finds the

  6  defendant is obstructing postconviction counsel, the defendant

  7  shall not be entitled to any further postconviction legal

  8  representation provided by the state. Each attorney

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

10  provide all information pertaining to the capital case which

11  the attorney obtained during the representation of that

12  defendant to that defendant's capital postconviction counsel.

13  Postconviction counsel must maintain the confidentiality of

14  any confidential information received from any attorney for

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

16  providing attorney for violating confidentiality. If the

17  defendant requests without good cause that any attorney

18  appointed under this subsection be removed or replaced, the

19  court shall notify the defendant that no further state

20  resources may be expended for postconviction representation

21  for that defendant, unless the defendant withdraws the request

22  to remove or replace postconviction counsel. If the defendant

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

24  appointed attorney must be removed from the case and no

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

26  postconviction representation. The prosecuting attorney and

27  the defendant's trial counsel shall provide capital

28  postconviction counsel with copies of all pretrial and trial

29  discovery and all contents of the prosecuting attorney's file,

30  except for information that the prosecuting attorney has a

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  1  legal right under state and federal law to withhold from

  2  disclosure.

  3         (2)  The court reporter shall complete the transcript

  4  and the court clerk shall deliver a copy of the record on

  5  appeal within 90 days after sentencing, unless the sentencing

  6  court grants an extension to a date certain based upon

  7  extraordinary circumstances. This subsection shall create no

  8  personal right or cause of action in the interest of a person

  9  sentenced to death but may be a basis for the issuance of

10  appropriate orders to the reporter or clerk.

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

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

13  capital postconviction action is not commenced until the

14  person sentenced to death or his or her capital postconviction

15  legal counsel files a fully pled postconviction action in the

16  sentencing court or other court specified by Florida rules of

17  court. Except as provided in subsection (4) or subsection (5),

18  all capital postconviction actions shall be barred unless they

19  are commenced within 180 days after the filing of the

20  appellant's initial brief in the Florida Supreme Court direct

21  appeal of the defendant's capital conviction and sentence. The

22  fully pled postconviction action must raise all cognizable

23  claims that the defendant's judgment or sentence was entered

24  in violation of the Constitution or laws of the United States

25  or the Constitution or the laws of the state, including any

26  claim of ineffective assistance of trial counsel, allegations

27  of innocence, or that the state withheld evidence favorable to

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

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

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

31  subsection, a capital postconviction action is not fully pled

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

  2  superseding rule of court.

  3         (b)  No claim of ineffective assistance of

  4  postconviction counsel may be raised in a state court.

  5         (c)  The pendency of public records requests or

  6  litigation, or the pendency of other litigation, or the

  7  failure of postconviction counsel to timely prosecute a case,

  8  shall not constitute cause for the court to grant any request

  9  for an extension of time or other delay. No appeal may be

10  taken from a court's ruling denying such a request for an

11  extension of time or other delay.

12         (d)  The time for commencement of the postconviction

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

14  raised by amendment of a defendant's capital postconviction

15  action are barred if the claim is raised outside the time

16  limitations provided by statute for the filing of capital

17  postconviction actions.

18         (4)  All capital postconviction actions raising any

19  claim of ineffective assistance of direct appeal counsel are

20  barred unless they are commenced by filing a fully pled

21  postconviction action in the Florida Supreme Court raising any

22  claim of ineffective assistance of direct appeal counsel

23  within 45 days after mandate issues affirming the death

24  sentence in the direct appeal.

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

26  successive capital postconviction actions are barred unless

27  commenced by filing a fully pled postconviction action within

28  90 days after the facts giving rise to the cause of action

29  were discovered or should have been discovered with the

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

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

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

  2  whole, would be sufficient to establish by clear and

  3  convincing evidence that, but for constitutional error, no

  4  reasonable fact finder would have found the defendant guilty

  5  of the underlying offense. Additionally, the facts underlying

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

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

  8  ascertained by the exercise of due diligence prior to filing

  9  the earlier postconviction motion. The time period allowed for

10  filing a successive capital postconviction action shall not be

11  grounds for a stay.

12         Section 7.  Section 924.057, Florida Statutes, is

13  created to read:

14         924.057  Limitations on postconviction actions in cases

15  in which the death sentence was imposed before the effective

16  date of this act.--This section shall govern all capital

17  postconviction actions in cases in which the trial court

18  imposed the sentence of death before the effective date of

19  this act.

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

21  period allowed for the prosecution of capital postconviction

22  claims in any case in which a postconviction action was

23  commenced or should have been commenced prior to the effective

24  date of this act.

25         (2)  In every case in which a mandate has been issued

26  in the Florida Supreme Court concluding at least one capital

27  postconviction action in the state court system except as

28  expressly allowed by s. 924.056(5), successive capital

29  postconviction actions shall be barred on the effective date

30  of this act, unless the rules or law in effect immediately

31  prior to the effective date of this act permitted the

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  1  successive postconviction action, in which case the action

  2  shall be barred on the date provided in subsection (4).

  3         (3)  All capital postconviction actions pending on the

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

  5  dismissed with prejudice, unless fully pled in substantial

  6  compliance with s. 924.058(2), or with any superseding order

  7  or rule, on or before:

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

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

10  effective date of this act; or

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

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

13  of this act.

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

15  imposed the sentence of death before the effective date of

16  this act, a capital postconviction action shall be barred

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

18  earlier date provided by rules or law in effect immediately

19  prior to the effective date of this act.

20         Section 8.  Section 924.058, Florida Statutes, is

21  created to read:

22         924.058  Capital postconviction claims.--This section

23  shall regulate the procedures in actions for capital

24  postconviction relief commencing after the effective date of

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

26  or rules adopted by the Florida Supreme Court, which

27  specifically reference this section.

28         (1)  On behalf of a person sentenced to death there

29  shall not be filed more than one capital postconviction action

30  in the sentencing court, one appeal therefrom in the Florida

31  Supreme Court, and one original capital postconviction action

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  1  alleging the ineffectiveness of direct appeal counsel in the

  2  Florida Supreme Court, except as expressly allowed by s.

  3  924.056(5).

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

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

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

  7  court which rendered the same;

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

  9  disposition thereof;

10         (c)  Whether a previous postconviction action has been

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

12  in postconviction litigation; if a previous action or actions

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

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

15  actions;

16         (d)  The nature of the relief sought;

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

18  for any claim of legal or constitutional error asserted,

19  including the attachment of any document supporting the claim,

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

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

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

23  each claim asserted.

24         (3)  Any capital postconviction action that does not

25  comply with any requirement in this section or other

26  applicable provision in law shall not be considered in any

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

28  postconviction action shall be allowed by the court after the

29  expiration of the time limitation provided by statute for the

30  commencement of capital postconviction actions.

31

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  1         (4)  The prosecuting attorney or Attorney General shall

  2  be allowed to file one response to any capital postconviction

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

  4  pled capital postconviction action. A supplemental response

  5  shall be allowed if any amendment to the original action is

  6  made prior to the expiration of the time limitation provided

  7  by statute. The sentencing court may grant the prosecuting

  8  attorney or Attorney General an extension of time upon a

  9  showing of good cause.

10         Section 9.  Section 924.059, Florida Statutes, is

11  created to read:

12         924.059  Time limitations and judicial review in

13  capital postconviction actions.--This section shall regulate

14  the procedures in actions for capital postconviction relief

15  commencing after the effective date of this act unless and

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

17  the Florida Supreme Court which specifically reference this

18  section.

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

20  postconviction action shall be allowed by the court after the

21  expiration of the time periods provided by statute for the

22  filing of capital postconviction claims.

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

24  the sentencing court shall conduct a hearing to determine if

25  an evidentiary hearing is required. Within 30 days thereafter,

26  the court shall rule whether an evidentiary hearing is

27  required and, if so, shall schedule an evidentiary hearing to

28  be held within 90 days. If the court determines that the

29  defendant's capital postconviction action is legally

30  insufficient or the action, files, and records in the case

31  show that the defendant is not entitled to relief, the court

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  1  shall, within 45 days thereafter, deny the action, setting

  2  forth a detailed rationale therefore, and attaching or

  3  referencing such portions of the record as are necessary to

  4  allow for meaningful appellate review.

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

  6  evidentiary hearing, the defendant shall disclose the names

  7  and addresses of any potential witnesses not previously

  8  disclosed, with their affidavits or a proffer of their

  9  testimony. Upon receipt of the defendant's disclosure, the

10  state shall have 10 days within which to provide reciprocal

11  disclosure. If the defendant intends to offer expert testimony

12  of his or her mental status, the state shall be entitled to

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

14  of the defendant's mental status claims shall be deemed denied

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

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

17  be 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 court shall issue a final order granting or

22  denying postconviction relief, making detailed findings of

23  fact and conclusions of law with respect to any allegation

24  asserted.

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

26  Court 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

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  1         (6)  If the trial court has denied the capital

  2  postconviction action without an evidentiary hearing, the

  3  appeal to the Florida Supreme Court will be expeditiously

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

  5  initially reviewed for a determination whether the trial court

  6  correctly resolved the defendant's claims without an

  7  evidentiary hearing. If the Florida Supreme Court determines

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

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

10  without an opinion. Jurisdiction shall be relinquished to the

11  trial court for a specified period not to exceed 30 days for

12  the 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 this act. The Attorney General shall deliver to the

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

26  House of Representatives a copy of any court pleading

27  describing or any order adjudicating 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

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  1  3.851, Florida Rules of Criminal Procedure relating to

  2  collateral relief after death sentence has been imposed, is

  3  repealed. Rule 3.852, Florida Rules of Criminal Procedure,

  4  relating to capital postconviction public records production,

  5  is repealed.

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

  7  Florida Statutes, are amended, present subsection (6) of that

  8  section is redesignated as subsection (7), and a new

  9  subsection (6) is added to that section, to read:

10         27.710  Registry of attorneys applying to represent

11  persons in postconviction capital collateral proceedings;

12  certification of minimum requirements; appointment by trial

13  court.--

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

15  court to represent a capital defendant must enter into a

16  contract with the Comptroller. If the appointed attorney fails

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

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

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

20  The Comptroller executive director of the Commission on

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

22  Comptroller shall function as contract manager, and shall

23  enforce performance of the terms and conditions of the

24  contract. By signing such contract, the attorney certifies

25  that he or she intends to continue the representation under

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

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

28  released by order of the trial court.

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

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

31

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

  2  Attorney General that:

  3         1.  Thirty days have elapsed since appointment of the

  4  capital collateral regional counsel and no entry of appearance

  5  has been filed pursuant to s. 924.056; or

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

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

  8  Court of the United States has denied a petition for

  9  certiorari, whichever is later;

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

11  previously represented by private counsel is currently

12  unrepresented in a postconviction capital collateral

13  proceeding,; or

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

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

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

17  924.055(2), and the defendant's complete original motion for

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

19

20  the executive director shall immediately notify the trial

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

22  immediately appoint an attorney, selected from the current

23  registry, to represent such person in collateral actions

24  challenging the legality of the judgment and sentence in the

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

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

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

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

29  director that the client is no longer represented by the

30  Office of Capital Collateral Regional Counsel.  In making an

31  assignment, the court shall give priority to attorneys whose

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  1  experience and abilities in criminal law, especially in

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

  3  with the responsibility of representing a person sentenced to

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

  5  which contains specific findings that the appointed counsel

  6  meets the statutory requirements and has the high ethical

  7  standards necessary to represent a person sentenced to death.

  8         (6)  Upon notification by a capital collateral regional

  9  counsel that a case should be referred to the registry, the

10  executive director shall immediately notify the trial court

11  that imposed the sentence of death that the court must

12  immediately appoint an attorney as provided in subsection (5).

13         Section 12.  Section 27.51, Florida Statutes, is

14  amended to read:

15         27.51  Duties of public defender.--

16         (1)  The public defender shall represent, without

17  additional compensation, any person who is determined by the

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

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

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

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

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

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

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

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

26  or she is convicted;

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

28  petition filed before a circuit court; or

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

30  involuntarily placed as a mentally ill person or sexually

31  violent predator or involuntarily admitted to residential

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  1  services as a person with developmental disabilities. However,

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

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

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

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

  6  an administrative proceeding challenging a rule under chapter

  7  120, unless specifically authorized by statute.

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

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

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

11  capital cases as provided in s. 925.035.

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

13  basis and is prohibited from engaging in the private practice

14  of law while holding office. Assistant public defenders shall

15  give priority and preference to their duties as assistant

16  public defenders and shall not otherwise engage in the

17  practice of criminal law.

18         (4)  The public defender for a judicial circuit

19  enumerated in this subsection shall, after the record on

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

21  the public defender which handled the trial and if requested

22  by any public defender within the indicated appellate

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

24  courts required of the official making such request:

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

26  behalf of any public defender within the district comprising

27  the First District Court of Appeal.

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

29  behalf of any public defender within the district comprising

30  the Second District Court of Appeal.

31

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

  2  on behalf of any public defender within the district

  3  comprising the Third District Court of Appeal.

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

  5  on behalf of any public defender within the district

  6  comprising the Fourth District Court of Appeal.

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

  8  on behalf of any public defender within the district

  9  comprising the Fifth District Court of Appeal.

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

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

12  sentenced to death, the public defender shall not represent

13  that person in any direct appellate proceedings. That public

14  defender shall notify the Florida Supreme Court within 10 days

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

16  another public defender enumerated in subsection (4) to

17  represent the person in any direct appellate proceedings.

18         (6)(5)(a)  When direct appellate proceedings prosecuted

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

20  judgment of conviction and sentence of death terminate in an

21  affirmance of such conviction and sentence, whether by the

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

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

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

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

26  Rules of Criminal Procedure, including any time limits

27  pertinent thereto, and shall advise such person that

28  representation in any collateral proceedings is the

29  responsibility of the capital collateral representative.  The

30  public defender shall then forward all original files on the

31  matter to the capital collateral representative, retaining

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

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

  3  defender or other attorney not employed by the capital

  4  collateral representative to represent such person in

  5  proceedings for relief by executive clemency pursuant to s.

  6  925.035.

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

  8  public defender representing an inmate in any collateral

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

10  representation of that inmate in all postconviction

11  proceedings unless relieved of responsibility from further

12  representation by the court.

13         (7)(6)  A sum shall be appropriated to the public

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

15  for the employment of assistant public defenders and clerical

16  employees and the payment of expenses incurred in cases on

17  appeal.

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

19  Florida Statutes, are amended to read:

20         27.703  Conflict of interest and substitute counsel.--

21         (1)  The capital collateral regional counsel shall not

22  accept an appointment or take any other action that will

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

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

25  collateral regional counsel determines that the continued

26  representation of that person creates a interests of those

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

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

29  conflict of interest, the sentencing court shall, upon

30  application by the regional counsel, designate another

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

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

  2  to represent one or more of such persons.

  3         (2)  Appointed counsel shall be paid from funds

  4  appropriated to the Comptroller Justice Administrative

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

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

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

  8  27.711.

  9         Section 14.  In order to implement the provisions of s.

10  27.703, Florida Statutes, as amended by this act, the Justice

11  Administrative Commission shall transfer all unexpended funds

12  from Specific Appropriation 615 of the 1999-2000 General

13  Appropriations Act to the Administrative Trust fund within the

14  Department of Banking and Finance for disbursement purposes.

15  The Department of Banking and Finance is hereby authorized to

16  expend such funds transferred by the Justice Administrative

17  Commission for contracts with private attorneys. In addition,

18  the Department of Banking and finance is hereby authorized to

19  expend up to $60,000 of such funds for associated

20  administrative support and two additional positions are

21  authorized for fiscal year 1999-2000.

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

23  Statutes, is amended to read:

24         27.709  Commission on Capital Cases.--

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

26  of justice in capital collateral cases, receive relevant

27  public input, review the operation of the capital collateral

28  regional counsel, and advise and make recommendations to the

29  Governor, Legislature, and Supreme Court.

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

31  compile and analyze case-tracking reports produced by the

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  1  Supreme Court. In analyzing these reports, the commission

  2  shall develop statistics to identify trends and changes in

  3  case management and case processing, identify and evaluate

  4  unproductive points of delay, and generally evaluate the way

  5  cases are progressing. The commission shall report these

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

  7         (c)  In addition, the commission shall receive

  8  complaints regarding the practice of any office of regional

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

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

11  appropriate.

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

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

14  section, to read:

15         27.711  Terms and conditions of appointment of

16  attorneys as counsel in postconviction capital collateral

17  proceedings.--

18         (3)  An attorney appointed to represent a capital

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

20  section only upon full performance by the attorney of the

21  duties specified in this section and approval of payment by

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

23  the attorney, subject to the availability of sufficient

24  funding specifically appropriated for this purpose.  The

25  Comptroller Justice Administrative Commission shall notify the

26  executive director and the court if it appears that sufficient

27  funding has not been specifically appropriated for this

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

29  shall maintain appropriate documentation, including a current

30  and detailed hourly accounting of time spent representing the

31  capital defendant. The fee and payment schedule in this

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  1  section is the exclusive means of compensating a

  2  court-appointed attorney who represents a capital defendant.

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

  4  compensation from the Federal Government, as provided in 18

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

  6  litigation in the federal courts.

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

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

  9  expenses, the assigned counsel shall deliver a copy of his or

10  her intended billing, together with supporting affidavits and

11  all other necessary documentation, to the Comptroller's named

12  contract manager. The contract manager shall have 20 business

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

14  documentation for completeness and compliance with contractual

15  and statutory requirements. If the contract manager objects to

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

17  therefor shall be communicated to the assigned counsel. The

18  assigned counsel may thereafter file his or her motion for

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

20  expenses together with supporting affidavits and all other

21  necessary documentation. The motion must specify whether the

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

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

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

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

26  standing to file pleadings and appear before the court to

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

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

29  portion of the billing or to the sufficiency of the

30  documentation is not binding on the court, which retains

31  primary authority and responsibility for determining the

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

  2  expenses, subject to statutory limitations.

  3         Section 17.  Paragraph (b) of subsection (6) of section

  4  924.051, Florida Statutes, is amended to read:

  5         924.051  Terms and conditions of appeals and collateral

  6  review in criminal cases.--

  7         (6)

  8         (b)  In a capital case in which the sentence of death

  9  has been imposed:

10         1.  A motion or other pleading for collateral or other

11  postconviction relief may not be considered except in

12  compliance with and subject to the limitations of all

13  provisions of ss. 924.055, 924.056, 924.057, 924.058, and

14  924.059, and all applicable rules of the court if the motion

15  is filed more than 1 year after the judgment and sentence

16  became final, unless the facts upon which the claim is

17  predicated were unknown to the petitioner or his or her

18  attorney and could not have been ascertained by the exercise

19  of due diligence, or the fundamental constitutional right

20  asserted was not established within the period provided for in

21  this subsection and has been held to apply retroactively.

22         2.  An expert witness may not be called to testify

23  unless approved by the court.

24         Section 18.  Section 924.395, Florida Statutes, is

25  created to read:

26         924.395  Sanctions against inmates and inmates'

27  counsel.--

28         (1)  The Legislature strongly encourages the courts,

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

30  impose sanctions against an inmate or the inmate's counsel, or

31

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  1  both, who are found by a court, in a capital postconviction

  2  proceeding or appeal therefrom, to have:

  3         (a)  Abused a petition for extraordinary relief,

  4  postconviction motion, or appeal therefrom;

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

  6  frivolous or procedurally barred or that should have been

  7  raised on the direct appeal; or

  8         (c)  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 petition, postconviction motion, or

14  appeal;

15         (b)  Disciplinary sanctions against the inmate's

16  counsel;

17         (c)  A fine imposed on the inmate or the inmate's

18  counsel, or both; and

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

20  under its inherent powers.

21         Section 19.  If any provision of this act or the

22  application thereof to any person or circumstance is held

23  invalid, the invalidity does not affect other provisions or

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

25  invalid provision or application, and to this end the

26  provisions of this act are declared severable.

27         Section 20.  This act shall take effect upon becoming a

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

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

30  of each house of the Legislature.

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                         ADDITIONAL SPONSORS
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  4  Bense, Goodlette, J. Miller, Morroni, Villalobos, Fasano,

  5  Harrington and Melvin

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