House Bill 0001Ae1

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                                        CS/HB 1-A, First Engrossed



  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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                                        CS/HB 1-A, First Engrossed



  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; creating s.

23         924.395, F.S.; providing for sanctions;

24         creating s. 922.108, F.S.; providing for

25         sentencing orders in capital cases; repealing

26         s. 924.051(6)(b), F.S., relating to the

27         imposition of limitations on the filing of

28         motions for collateral or other postconviction

29         relief and the calling of expert witnesses;

30         requesting the Supreme Court to study the

31         feasibility of requiring all capital


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                                        CS/HB 1-A, First Engrossed



  1         postconviction actions to be filed in the

  2         Supreme Court and requesting the court to

  3         submit its recommendations by a certain date;

  4         providing an effective date.

  5

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

  7

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

  9  Reform Act of 2000."

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

11  Statutes, is amended to read:

12         27.702  Duties of the capital collateral regional

13  counsel; reports.--

14         (1)  The capital collateral regional counsel shall,

15  unless a motion to withdraw is granted or other order

16  terminating representation is entered by the state trial

17  court, represent each person convicted and sentenced to death

18  in this state for the sole purpose of instituting and

19  prosecuting collateral actions challenging the legality of the

20  judgment and sentence imposed against such person in the state

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

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

23  Supreme Court. The appropriate office of capital collateral

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

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

26  the entry of every death sentence imposed after the effective

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

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

29  death sentence is pending and no postconviction counsel has

30  appeared. The capital collateral regional counsel and the

31  attorneys appointed pursuant to s. 27.710 shall file only


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                                        CS/HB 1-A, First Engrossed



  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

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

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


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                                        CS/HB 1-A, First Engrossed



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

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

  3  General shall promptly provide written notification to the

  4  state attorney who prosecuted the case that a death sentence

  5  has 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. The written

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

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

11  in the 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 or, if the records are

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

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

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

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

20  shall 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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                                        CS/HB 1-A, First Engrossed



  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 as required by subsection (3) or, if the

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

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

15         (b)  The prosecuting state attorney who prosecuted the

16  case shall provide written notification to the Attorney

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

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

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

20  and delivered to the records repository as required by

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

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

23  case was tried.

24         (c)  The Secretary of Corrections shall provide written

25  notification to the Attorney General upon compliance with

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

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

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

29  delivered to the records repository as required by paragraph

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

31


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                                        CS/HB 1-A, First Engrossed



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

  2  tried (4)(b).

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

  4  death sentence, or after 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 or, if the records are confidential or

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

25  capital case was tried.

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

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

28  provide written notification to the Attorney General of

29  compliance with this subsection and shall certify that to the

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

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


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                                        CS/HB 1-A, First Engrossed



  1  records repository or, if the records are confidential or

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

  3  capital case was tried.

  4         (6)(7)(a)  Any public record delivered to the records

  5  repository under this section which is confidential or exempt

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

  7  the State Constitution must be separately boxed, without being

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

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

10  The outside of the box must clearly identify the public

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

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

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

14  which the public records are exempt.

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

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

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

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

19  only after notice giving with a representative of the agency

20  the option to have a representative present at the unsealing

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

22  with the transportation and inspection of such records by the

23  trial court.

24         (7)(8)(a)  Within 180 90 days after a capital

25  collateral regional counsel or private counsel is appointed to

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

27  after issuance of the Florida Supreme Court's mandate

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

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

30  The Florida Bar and is authorized by such counsel representing

31  a defendant may shall send a written demand for additional


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                                        CS/HB 1-A, First Engrossed



  1  public records to each person or agency submitting public

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

  3  person or agency identified as having information pertinent to

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

  5  include requests for records associated with particular named

  6  individuals, the written demand shall also include a brief

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

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

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

10  defender, private counsel, or capital collateral regional

11  counsel has such information. Each person or agency notified

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

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

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

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

16  additional public records in the possession of the person or

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

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

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

20  additional public records are found, shall recertify that the

21  public records previously delivered are complete.

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

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

24  trial court alleging that the request is overly broad or

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

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

27  agency or person to produce additional public records if it

28  finds each of the following:

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

30  timely and diligent search as provided in this section.

31


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                                        CS/HB 1-A, First Engrossed



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

  2  identifies, with specificity, those additional public records

  3  that are not at the repository.

  4         3.  The additional public records sought are relevant

  5  to the subject matter of a capital postconviction claim

  6  proceeding under Rule 3.850 or Rule 3.851 or appear reasonably

  7  calculated to lead to the discovery of admissible evidence in

  8  prosecuting such claim.

  9         4.  The additional public records request is not

10  overbroad or unduly burdensome.

11         (c)  The Attorney General and state attorney shall

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

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

14  statute becomes effective, but where initial requests for

15  public records have not been made.

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

17  effective, a defendant is represented by appointed capital

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

19  has initiated the public records request process, counsel

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

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

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

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

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

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

26  that have been initiated previously or for relitigating issues

27  pertaining to production of public records upon which a court

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

29  stopping an execution which has been scheduled based upon a

30  warrant executed by the Governor prior to the effective date

31  of the statute.


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                                        CS/HB 1-A, First Engrossed



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

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

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

  4  additional requests shall be made by capital collateral

  5  regional counsel or contracted private counsel until a death

  6  warrant is signed by the Governor and an execution is

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

  8  capital collateral regional counsel or contracted private

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

10  has previously requested to produce records any records

11  previously requested to which no objection was raised or

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

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

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

15  receipt of the previous notice or such shorter time period

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

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

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

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

20  produced previously.

21         (8)(9)(a)  After production of additional public

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

23  the regional counsel or the private counsel is prohibited from

24  making any further public records requests under this chapter.

25  An agency is not required to produce additional public records

26  except by court order as provided in this subsection.

27         (b)  In order to obtain additional public records

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

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

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

31  private counsel shall file an affidavit in the trial court


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                                        CS/HB 1-A, First Engrossed



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

  2  search of the records repository and specifically identifies

  3  those additional public records that are not at the repository

  4  and are relevant to the subject matter of a capital

  5  postconviction claim proceeding under Rule 3.850 or Rule 3.851

  6  or are reasonably calculated to lead to the discovery of

  7  admissible evidence in the prosecution of such claim. The

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

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

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

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

12  additional public records only if it finds each of the

13  following:

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

15  timely and diligent search as provided in this section.

16         2.  The regional or private counsel's affidavit

17  identifies, with specificity, those additional public records

18  that are not at the repository.

19         3.  The additional public records sought are relevant

20  to the subject matter of a claim for capital postconviction

21  relief proceeding under Rule 3.850 or Rule 3.851 or appear

22  reasonably calculated to lead to the discovery of admissible

23  evidence in prosecuting such claim.

24         4.  The additional public records request is not

25  overbroad or unduly burdensome.

26         (9)(10)  The Secretary of State capital collateral

27  regional counsel or private counsel shall provide the

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

29  capital collateral regional counsel or private counsel to copy

30  records held at the records repository.

31


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                                        CS/HB 1-A, First Engrossed



  1         (10)(11)  The trial court shall resolve any dispute

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

  3  exclusive jurisdiction.

  4         (11)(12)  The capital collateral regional counsel or

  5  private counsel shall not solicit another person to make a

  6  request for public records on behalf of the regional counsel

  7  or private counsel. The trial court shall impose appropriate

  8  sanctions against any regional counsel or private counsel

  9  found in violation of this subsection.

10         (12)(13)  Sixty days after a capital sentence is

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

12  incarceration following the granting of a pardon or reversal

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

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

15  provide written notification to the Secretary of State, who

16  may then destroy the records held by the records repository

17  which pertain to that case.

18         (13)(14)  This section pertains only to the production

19  of records for capital postconviction defendants and does not

20  change or alter any time limitations provided by law governing

21  capital postconviction claims and actions periods specified in

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

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

24  the production of public records for any purposes other than

25  use in a capital postconviction proceeding held pursuant to

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

27  Nothing in this section constitutes grounds to expand the time

28  limitations or allow any pleading in violation of chapter 924

29  or to stay an execution or death warrant Unless there is a

30  showing of good cause as determined by the court.

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                                        CS/HB 1-A, First Engrossed



  1         Section 4.  Section 922.095, Florida Statutes, is

  2  amended to read:

  3         922.095  Grounds for death warrant; limitations of

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

  5  must pursue all possible collateral remedies within the time

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

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

  8  collateral postconviction proceeding, the convicted person has

  9  90 days in which to seek further collateral review. Failure to

10  seek relief within the statutory time limits further

11  collateral review within the 90-day period constitutes grounds

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

13  Any claim not pursued within the statutory time limits is

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

15  grounds for a judicial stay of any warrant unless there is a

16  showing of good cause as determined by the court.

17         Section 5.  Section 924.055, Florida Statutes, is

18  amended to read:

19         (Substantial rewording of section. See

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

21         924.055  Postconviction review in capital cases;

22  legislative findings and intent.--

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

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

25  postconviction actions in capital cases are resolved within 5

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

27  circuit court. All capital postconviction actions should be

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

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

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

31  any postconviction legal action in compliance with the


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                                        CS/HB 1-A, First Engrossed



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

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

  3  924.056(5), no person sentenced to death should be permitted

  4  to file more than one postconviction action in a sentencing

  5  court and one appeal therefrom to the Florida Supreme Court,

  6  unless authorized by law.

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

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

  9  the event of any violation of the provisions of this act, the

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

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

12  court pleading or order describing or adjudicating a

13  violation.

14         Section 6.  Section 924.056, Florida Statutes, is

15  created to read:

16         924.056  Commencement of capital postconviction actions

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

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

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

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

21  this act, this section shall govern all postconviction

22  proceedings in state court.

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

24  the sentencing court shall appoint the appropriate office of

25  the capital collateral regional counsel or private

26  postconviction counsel, unless the defendant waives

27  postconviction legal representation in which case the state

28  shall not provide postconviction legal representation. Within

29  30 days after the appointment, the capital collateral regional

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

31  or a motion to withdraw based on a conflict of interest or for


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                                        CS/HB 1-A, First Engrossed



  1  good cause. The court shall appoint private counsel pursuant

  2  to part IV of chapter 27 in any case in which the capital

  3  collateral regional counsel files a motion to withdraw, or

  4  otherwise informs the court that the capital collateral

  5  regional counsel cannot comply with the provisions of chapter

  6  924, or in which the court determines that the agency cannot

  7  comply with chapter 924 or other applicable laws.

  8         (b)  The defendant who accepts the appointment of

  9  postconviction counsel must cooperate with and assist

10  postconviction counsel. If the sentencing court finds the

11  defendant is obstructing postconviction counsel, the defendant

12  shall not be entitled to any further postconviction legal

13  representation provided by the state. Each attorney

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

15  provide all information pertaining to the capital case which

16  the attorney obtained during the representation of that

17  defendant to that defendant's capital postconviction counsel.

18  Postconviction counsel must maintain the confidentiality of

19  any confidential information received from any attorney for

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

21  providing attorney for violating confidentiality. If the

22  defendant requests without good cause that any attorney

23  appointed under this subsection be removed or replaced, the

24  court shall notify the defendant that no further state

25  resources may be expended for postconviction representation

26  for that defendant, unless the defendant withdraws the request

27  to remove or replace postconviction counsel. If the defendant

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

29  appointed attorney must be removed from the case and no

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

31  postconviction representation. The prosecuting attorney and


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  1  the defendant's trial counsel shall provide capital

  2  postconviction counsel with copies of all pretrial and trial

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

  4  except for information that the prosecuting attorney has a

  5  legal right under state and federal law to withhold from

  6  disclosure.

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

  8  record on appeal to the capital postconviction attorney and

  9  the state attorney and Attorney General within 60 days after

10  the sentencing court appoints postconviction counsel.

11  However, the court may grant an extension of up to 30 days

12  when extraordinary circumstances exists.  This subsection

13  shall create no personal right or cause of action in the

14  interest of a person sentenced to death but may be a basis for

15  the issuance of appropriate orders to the reporter or clerk.

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

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

18  capital postconviction action is not commenced until the

19  person sentenced to death or his or her capital postconviction

20  legal counsel files a fully pled postconviction action in the

21  sentencing court or other court specified by Florida rules of

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

23  all capital postconviction actions shall be barred unless they

24  are commenced within 180 days after the filing of the

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

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

27  fully pled postconviction action must raise all cognizable

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

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

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

31  claim of ineffective assistance of trial counsel, allegations


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                                        CS/HB 1-A, First Engrossed



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

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

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

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

  5  subsection, a capital postconviction action is not fully pled

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

  7  superseding rule of court.

  8         (b)  No claim of ineffective assistance of

  9  postconviction counsel may be raised in a state court.

10         (c)  The pendency of public records requests or

11  litigation, or the pendency of other litigation, or the

12  failure of postconviction counsel to timely prosecute a case,

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

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

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

16  extension of time or other delay.

17         (d)  The time for commencement of the postconviction

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

19  raised by amendment of a defendant's capital postconviction

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

21  limitations provided by statute for the filing of capital

22  postconviction actions.

23         (4)  All capital postconviction actions raising any

24  claim of ineffective assistance of direct appeal counsel are

25  barred unless they are commenced by filing a fully pled

26  postconviction action in the Florida Supreme Court raising any

27  claim of ineffective assistance of direct appeal counsel

28  within 45 days after mandate issues affirming the death

29  sentence in the direct appeal.

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

31  successive capital postconviction actions are barred unless


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                                        CS/HB 1-A, First Engrossed



  1  commenced by filing a fully pled postconviction action within

  2  90 days after the facts giving rise to the cause of action

  3  were discovered or should have been discovered with the

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

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

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

  7  whole, would be sufficient to establish by clear and

  8  convincing evidence that, but for constitutional error, no

  9  reasonable fact finder would have found the defendant guilty

10  of the underlying offense. Additionally, the facts underlying

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

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

13  ascertained by the exercise of due diligence prior to filing

14  the earlier postconviction motion. The time period allowed for

15  filing a successive capital postconviction action shall not be

16  grounds for a stay.

17         Section 7.  Section 924.057, Florida Statutes, is

18  created to read:

19         924.057  Limitations on postconviction actions in cases

20  in which the death sentence was imposed before the effective

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

22  postconviction actions in cases in which the trial court

23  imposed the sentence of death before the effective date of

24  this act.

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

26  period allowed for the prosecution of capital postconviction

27  claims in any case in which a postconviction action was

28  commenced or should have been commenced prior to the effective

29  date of this act.

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

31  in the Florida Supreme Court concluding at least one capital


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                                        CS/HB 1-A, First Engrossed



  1  postconviction action in the state court system except as

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

  3  postconviction actions shall be barred on the effective date

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

  5  prior to the effective date of this act permitted the

  6  successive postconviction action, in which case the action

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

  8         (3)  All capital postconviction actions pending on the

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

10  dismissed with prejudice, unless fully pled in substantial

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

12  or rule, on or before:

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

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

15  effective date of this act; or

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

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

18  of this act.

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

20  imposed the sentence of death before the effective date of

21  this act, a capital postconviction action shall be barred

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

23  earlier date provided by rules or law in effect immediately

24  prior to the effective date of this act.

25         Section 8.  Section 924.058, Florida Statutes, is

26  created to read:

27         924.058  Capital postconviction claims.--This section

28  shall regulate the procedures in actions for capital

29  postconviction relief commencing after the effective date of

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

31


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                                        CS/HB 1-A, First Engrossed



  1  or rules adopted by the Florida Supreme Court, which

  2  specifically reference this section.

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

  4  shall not be filed more than one capital postconviction action

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

  6  Supreme Court, and one original capital postconviction action

  7  alleging the ineffectiveness of direct appeal counsel in the

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

  9  924.056(5).

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

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

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

13  court which rendered the same;

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

15  disposition thereof;

16         (c)  Whether a previous postconviction action has been

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

18  in postconviction litigation; if a previous action or actions

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

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

21  actions;

22         (d)  The nature of the relief sought;

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

24  for any claim of legal or constitutional error asserted,

25  including the attachment of any document supporting the claim,

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

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

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

29  each claim asserted.

30         (3)  Any capital postconviction action that does not

31  comply with any requirement in this section or other


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                                        CS/HB 1-A, First Engrossed



  1  applicable provision in law shall not be considered in any

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

  3  postconviction action shall be allowed by the court after the

  4  expiration of the time limitation provided by statute for the

  5  commencement of capital postconviction actions.

  6         (4)  The prosecuting attorney or Attorney General shall

  7  be allowed to file one response to any capital postconviction

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

  9  pled capital postconviction action. A supplemental response

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

11  made prior to the expiration of the time limitation provided

12  by statute. The sentencing court may grant the prosecuting

13  attorney or Attorney General an extension of time upon a

14  showing of good cause.

15         Section 9.  Section 924.059, Florida Statutes, is

16  created to read:

17         924.059  Time limitations and judicial review in

18  capital postconviction actions.--This section shall regulate

19  the procedures in actions for capital postconviction relief

20  commencing after the effective date of this act unless and

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

22  the Florida Supreme Court which specifically reference this

23  section.

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

25  postconviction action shall be allowed by the court after the

26  expiration of the time periods provided by statute for the

27  filing of capital postconviction claims.

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

29  the sentencing court shall conduct a hearing to determine if

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

31  the court shall rule whether an evidentiary hearing is


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                                        CS/HB 1-A, First Engrossed



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

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

  3  defendant's capital postconviction action is legally

  4  insufficient or the defendant's pleadings, files, and records

  5  in the case show that the defendant is not entitled to relief,

  6  the court shall, within 45 days thereafter, deny the action,

  7  setting forth a detailed rationale therefore, and attaching or

  8  referencing such portions of the record as are necessary to

  9  allow for meaningful appellate review.

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

11  evidentiary hearing, the defendant shall disclose the names

12  and addresses of any potential witnesses not previously

13  disclosed, with their affidavits or a proffer of their

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

15  state shall have 10 days within which to provide reciprocal

16  disclosure. If the defendant intends to offer expert testimony

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

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

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

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

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

22  be disclosed by opposing counsel upon receipt.

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

24  order the transcription of the proceeding which shall be filed

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

26  transcript, the court shall issue a final order granting or

27  denying postconviction relief, making detailed findings of

28  fact and conclusions of law with respect to any allegation

29  asserted.

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

31  Court within 15 days from the entry of a final order on a


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                                        CS/HB 1-A, First Engrossed



  1  capital postconviction action. No interlocutory appeal shall

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

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

  4  copy of the final order.

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

  6  postconviction action without an evidentiary hearing, the

  7  appeal to the Florida Supreme Court will be expeditiously

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

  9  initially reviewed for a determination whether the trial court

10  correctly resolved the defendant's claims without an

11  evidentiary hearing. If the Florida Supreme Court determines

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

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

14  without an opinion. Jurisdiction shall be relinquished to the

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

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

17  purpose of conducting an evidentiary hearing on any issue

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

19  the record shall be supplemented with the hearing transcript.

20         (7)  The Florida Supreme Court shall render its

21  decision within 180 days after receipt of the record on

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

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

24  execution.

25         (8)  A capital postconviction action filed in violation

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

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

28  consider any capital postconviction action filed in violation

29  of this act. The Attorney General shall deliver to the

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

31  House of Representatives a copy of any court pleading


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                                        CS/HB 1-A, First Engrossed



  1  describing or any order adjudicating any violation of this

  2  provision.

  3         Section 10.  Rule 3.850, Florida Rules of Criminal

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

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

  6  3.851, Florida Rules of Criminal Procedure relating to

  7  collateral relief after death sentence has been imposed, is

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

  9  relating to capital postconviction public records production,

10  is repealed.

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

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

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

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

15         27.710  Registry of attorneys applying to represent

16  persons in postconviction capital collateral proceedings;

17  certification of minimum requirements; appointment by trial

18  court.--

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

20  court to represent a capital defendant must enter into a

21  contract with the Comptroller. If the appointed attorney fails

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

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

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

25  The Comptroller executive director of the Commission on

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

27  Comptroller shall function as contract manager, and shall

28  enforce performance of the terms and conditions of the

29  contract. By signing such contract, the attorney certifies

30  that he or she intends to continue the representation under

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


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                                        CS/HB 1-A, First Engrossed



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

  2  released by order of the trial court.

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

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

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

  6  Attorney General that:

  7         1.  Thirty days have elapsed since appointment of the

  8  capital collateral regional counsel and no entry of appearance

  9  has been filed pursuant to s. 924.056; or

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

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

12  Court of the United States has denied a petition for

13  certiorari, whichever is later;

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

15  previously represented by private counsel is currently

16  unrepresented in a postconviction capital collateral

17  proceeding,; or

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

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

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

21  924.055(2), and the defendant's complete original motion for

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

23

24  the executive director shall immediately notify the trial

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

26  immediately appoint an attorney, selected from the current

27  registry, to represent such person in collateral actions

28  challenging the legality of the judgment and sentence in the

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

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

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


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                                        CS/HB 1-A, First Engrossed



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

  2  director that the client is no longer represented by the

  3  Office of Capital Collateral Regional Counsel.  In making an

  4  assignment, the court shall give priority to attorneys whose

  5  experience and abilities in criminal law, especially in

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

  7  with the responsibility of representing a person sentenced to

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

  9  which contains specific findings that the appointed counsel

10  meets the statutory requirements and has the high ethical

11  standards necessary to represent a person sentenced to death.

12         (6)  Upon notification by a capital collateral regional

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

14  executive director shall immediately notify the trial court

15  that imposed the sentence of death that the court must

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

17         Section 12.  Section 27.51, Florida Statutes, is

18  amended to read:

19         27.51  Duties of public defender.--

20         (1)  The public defender shall represent, without

21  additional compensation, any person who is determined by the

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

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

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

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

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

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

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

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

30  or she is convicted;

31


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                                        CS/HB 1-A, First Engrossed



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

  2  petition filed before a circuit court; or

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

  4  involuntarily placed as a mentally ill person or sexually

  5  violent predator or involuntarily admitted to residential

  6  services as a person with developmental disabilities. However,

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

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

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

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

11  an administrative proceeding challenging a rule under chapter

12  120, unless specifically authorized by statute.

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

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

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

16  capital cases as provided in s. 925.035.

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

18  basis and is prohibited from engaging in the private practice

19  of law while holding office. Assistant public defenders shall

20  give priority and preference to their duties as assistant

21  public defenders and shall not otherwise engage in the

22  practice of criminal law.

23         (4)  The public defender for a judicial circuit

24  enumerated in this subsection shall, after the record on

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

26  the public defender which handled the trial and if requested

27  by any public defender within the indicated appellate

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

29  courts required of the official making such request:

30

31


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                                        CS/HB 1-A, First Engrossed



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

  2  behalf of any public defender within the district comprising

  3  the First District Court of Appeal.

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

  5  behalf of any public defender within the district comprising

  6  the Second District Court of Appeal.

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

  8  on behalf of any public defender within the district

  9  comprising the Third District Court of Appeal.

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

11  on behalf of any public defender within the district

12  comprising the Fourth District Court of Appeal.

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

14  on behalf of any public defender within the district

15  comprising the Fifth District Court of Appeal.

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

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

18  sentenced to death, the public defender shall not represent

19  that person in any direct appellate proceedings. That public

20  defender shall notify the Florida Supreme Court within 10 days

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

22  another public defender enumerated in subsection (4) to

23  represent the person in any direct appellate proceedings.

24         (6)(5)(a)  When direct appellate proceedings prosecuted

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

26  judgment of conviction and sentence of death terminate in an

27  affirmance of such conviction and sentence, whether by the

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

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

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

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


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                                        CS/HB 1-A, First Engrossed



  1  Rules of Criminal Procedure, including any time limits

  2  pertinent thereto, and shall advise such person that

  3  representation in any collateral proceedings is the

  4  responsibility of the capital collateral representative.  The

  5  public defender shall then forward all original files on the

  6  matter to the capital collateral representative, retaining

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

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

  9  defender or other attorney not employed by the capital

10  collateral representative to represent such person in

11  proceedings for relief by executive clemency pursuant to s.

12  925.035.

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

14  public defender representing an inmate in any collateral

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

16  representation of that inmate in all postconviction

17  proceedings unless relieved of responsibility from further

18  representation by the court.

19         (7)(6)  A sum shall be appropriated to the public

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

21  for the employment of assistant public defenders and clerical

22  employees and the payment of expenses incurred in cases on

23  appeal.

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

25  Florida Statutes, are amended to read:

26         27.703  Conflict of interest and substitute counsel.--

27         (1)  The capital collateral regional counsel shall not

28  accept an appointment or take any other action that will

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

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

31  collateral regional counsel determines that the continued


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                                        CS/HB 1-A, First Engrossed



  1  representation of that person creates a interests of those

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

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

  4  conflict of interest, the sentencing court shall, upon

  5  application by the regional counsel, designate another

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

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

  8  to represent one or more of such persons.

  9         (2)  Appointed counsel shall be paid from funds

10  appropriated to the Comptroller Justice Administrative

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

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

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

14  27.711.

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

16  27.703, Florida Statutes, as amended by this act, the Justice

17  Administrative Commission shall transfer all unexpended funds

18  from Specific Appropriation 615 of the 1999-2000 General

19  Appropriations Act to the Administrative Trust fund within the

20  Department of Banking and Finance for disbursement purposes.

21  The Department of Banking and Finance is hereby authorized to

22  expend such funds transferred by the Justice Administrative

23  Commission for contracts with private attorneys. In addition,

24  the Department of Banking and finance is hereby authorized to

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

26  administrative support and two additional positions are

27  authorized for fiscal year 1999-2000.

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

29  Statutes, is amended to read:

30         27.709  Commission on Capital Cases.--

31


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                                        CS/HB 1-A, First Engrossed



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

  2  of justice in capital collateral cases, receive relevant

  3  public input, review the operation of the capital collateral

  4  regional counsel, and advise and make recommendations to the

  5  Governor, Legislature, and Supreme Court.

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

  7  compile and analyze case-tracking reports produced by the

  8  Supreme Court. In analyzing these reports, the commission

  9  shall develop statistics to identify trends and changes in

10  case management and case processing, identify and evaluate

11  unproductive points of delay, and generally evaluate the way

12  cases are progressing. The commission shall report these

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

14         (c)  In addition, the commission shall receive

15  complaints regarding the practice of any office of regional

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

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

18  appropriate.

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

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

21  section, to read:

22         27.711  Terms and conditions of appointment of

23  attorneys as counsel in postconviction capital collateral

24  proceedings.--

25         (3)  An attorney appointed to represent a capital

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

27  section only upon full performance by the attorney of the

28  duties specified in this section and approval of payment by

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

30  the attorney, subject to the availability of sufficient

31  funding specifically appropriated for this purpose.  The


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                                        CS/HB 1-A, First Engrossed



  1  Comptroller Justice Administrative Commission shall notify the

  2  executive director and the court if it appears that sufficient

  3  funding has not been specifically appropriated for this

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

  5  shall maintain appropriate documentation, including a current

  6  and detailed hourly accounting of time spent representing the

  7  capital defendant. The fee and payment schedule in this

  8  section is the exclusive means of compensating a

  9  court-appointed attorney who represents a capital defendant.

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

11  compensation from the Federal Government, as provided in 18

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

13  litigation in the federal courts.

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

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

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

17  her intended billing, together with supporting affidavits and

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

19  contract manager. The contract manager shall have 20 business

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

21  documentation for completeness and compliance with contractual

22  and statutory requirements. If the contract manager objects to

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

24  therefor shall be communicated to the assigned counsel. The

25  assigned counsel may thereafter file his or her motion for

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

27  expenses together with supporting affidavits and all other

28  necessary documentation. The motion must specify whether the

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

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

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


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                                        CS/HB 1-A, First Engrossed



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

  2  standing to file pleadings and appear before the court to

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

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

  5  portion of the billing or to the sufficiency of the

  6  documentation is not binding on the court, which retains

  7  primary authority and responsibility for determining the

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

  9  expenses, subject to statutory limitations.

10         Section 17.  Section 924.395, Florida Statutes, is

11  created to read:

12         924.395  Sanctions.--

13         (1)  The Legislature strongly encourages the courts,

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

15  impose sanctions against any person within the court's

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

17  postconviction proceeding or appeal therefrom, to have:

18         (a)  Abused a petition for extraordinary relief,

19  postconviction motion, or appeal therefrom;

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

21  frivolous or procedurally barred or that should have been

22  raised on the direct appeal;

23         (c)  Improperly withheld evidence or testimony; or

24         (d)  Adversely affected the orderly administration of

25  justice.

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

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

28  limited to:

29         (a)  Dismissal of a pleading;

30         (b)  Disciplinary sanctions;

31         (c)  A fine; and


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

  2  under its inherent powers.

  3         Section 18.  Section 922.108, Florida Statutes, is

  4  created to read:

  5         922.108  Sentencing orders in capital cases.--The

  6  sentence of death must not specify any particular method of

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

  8  not be grounds for reversal of any sentence.

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

10  924.051, Florida Statutes, is repealed.

11         Section 20.  The Legislature finds that centralized

12  case management of capital postconviction actions has the

13  potential to reduce delays and should be considered. The

14  Legislature requests that the Florida Supreme Court study the

15  feasibility of a requirement that all capital postconviction

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

17  member of the Supreme Court Committee on Postconviction Relief

18  in Capital Cases (Morris Committee). The Legislature

19  recognizes that such a reform may substantially enhance

20  judicial efficiency and may initially necessitate additional

21  workload funding. If the Supreme Court finds that centralized

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

23  estimate the implementation costs. The Legislature requests

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

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

26  2001.

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

28  application thereof to any person or circumstance is held

29  invalid, the invalidity does not affect other provisions or

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

31


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                                        CS/HB 1-A, First Engrossed



  1  invalid provision or application, and to this end the

  2  provisions of this act are declared severable.

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

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

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

  6  of each house of the Legislature.

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