Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1750
       
       
       
       
       
       
                                Barcode 241388                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/22/2013           .                                
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       The Committee on Appropriations (Negron) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “Timely Justice Act
    6  of 2013.”
    7         Section 2. Subsection (1) of section 27.40, Florida
    8  Statutes, is amended to read:
    9         27.40 Court-appointed counsel; circuit registries; minimum
   10  requirements; appointment by court.—
   11         (1) Counsel shall be appointed to represent any individual
   12  in a criminal or civil proceeding entitled to court-appointed
   13  counsel under the Federal or State Constitution or as authorized
   14  by general law. The court shall appoint a public defender to
   15  represent indigent persons as authorized in s. 27.51. The office
   16  of criminal conflict and civil regional counsel shall be
   17  appointed to represent persons in those cases in which provision
   18  is made for court-appointed counsel but the public defender is
   19  unable to provide representation due to a conflict of interest
   20  or is not authorized to provide representation. Capital
   21  collateral regional counsel shall be appointed to represent
   22  persons as provided in s. 27.702.
   23         Section 3. Paragraph (a) of subsection (5) of section
   24  27.51, Florida Statutes, is amended to read:
   25         27.51 Duties of public defender.—
   26         (5)(a) When direct appellate proceedings prosecuted by a
   27  public defender on behalf of an accused and challenging a
   28  judgment of conviction and sentence of death terminate in an
   29  affirmance of such conviction and sentence, whether by the
   30  Florida Supreme Court or by the United States Supreme Court or
   31  by expiration of any deadline for filing such appeal in a state
   32  or federal court, the public defender shall notify the accused
   33  of his or her rights pursuant to Rule 3.850, Florida Rules of
   34  Criminal Procedure, including any time limits pertinent thereto,
   35  and shall advise such person that representation in any
   36  collateral proceedings is the responsibility of the capital
   37  collateral regional counsel. The public defender shall then
   38  forward all original files on the matter to the capital
   39  collateral regional counsel, retaining such copies for his or
   40  her files as may be desired. However, the trial court shall
   41  retain the power to appoint the public defender or other
   42  attorney not employed by the capital collateral regional counsel
   43  to represent such person in proceedings for relief by executive
   44  clemency pursuant to ss. 27.40 and 27.5303.
   45         Section 4. Subsection (9) of section 27.511, Florida
   46  Statutes, is amended to read:
   47         27.511 Offices of criminal conflict and civil regional
   48  counsel; legislative intent; qualifications; appointment;
   49  duties.—
   50         (9) When direct appellate proceedings prosecuted by the
   51  office of criminal conflict and civil regional counsel on behalf
   52  of an accused and challenging a judgment of conviction and
   53  sentence of death terminate in an affirmance of such conviction
   54  and sentence, whether by the Supreme Court or by the United
   55  States Supreme Court or by expiration of any deadline for filing
   56  such appeal in a state or federal court, the office of criminal
   57  conflict and civil regional counsel shall notify the accused of
   58  his or her rights pursuant to Rule 3.850, Florida Rules of
   59  Criminal Procedure, including any time limits pertinent thereto,
   60  and shall advise such person that representation in any
   61  collateral proceedings is the responsibility of the capital
   62  collateral regional counsel. The office of criminal conflict and
   63  civil regional counsel shall forward all original files on the
   64  matter to the capital collateral regional counsel, retaining
   65  such copies for his or her files as may be desired or required
   66  by law. However, the trial court shall retain the power to
   67  appoint the office of criminal conflict and civil regional
   68  counsel or other attorney not employed by the capital collateral
   69  regional counsel to represent such person in proceedings for
   70  relief by executive clemency pursuant to ss. 27.40 and 27.5303.
   71         Section 5. Subsection (4) of section 27.5303, Florida
   72  Statutes, is amended to read:
   73         27.5303 Public defenders; criminal conflict and civil
   74  regional counsel; conflict of interest.—
   75         (4)(a) If a defendant is convicted and the death sentence
   76  is imposed, the appointed attorney shall continue representation
   77  through appeal to the Supreme Court. The attorney shall be
   78  compensated as provided in s. 27.5304. If the attorney first
   79  appointed is unable to handle the appeal, the court shall
   80  appoint another attorney and that attorney shall be compensated
   81  as provided in s. 27.5304.
   82         (b) The public defender or an attorney appointed pursuant
   83  to this section may be appointed by the court rendering the
   84  judgment imposing the death penalty to represent an indigent
   85  defendant who has applied for executive clemency as relief from
   86  the execution of the judgment imposing the death penalty.
   87         (b)(c) When the appointed attorney in a capital case has
   88  completed the duties imposed by this section, the attorney shall
   89  file a written report in the trial court stating the duties
   90  performed by the attorney and apply for discharge.
   91         Section 6. Paragraph (b) of subsection (5) of section
   92  27.5304, Florida Statutes, is amended to read:
   93         27.5304 Private court-appointed counsel; compensation;
   94  notice.—
   95         (5) The compensation for representation in a criminal
   96  proceeding shall not exceed the following:
   97         (b) If a death sentence is imposed and affirmed on appeal
   98  to the Supreme Court, the appointed attorney shall be allowed
   99  compensation, not to exceed $1,000, for attorney fees and costs
  100  incurred in representing the defendant as to an application for
  101  executive clemency, with compensation to be paid out of general
  102  revenue from funds budgeted to the Justice Administrative
  103  Commission Department of Corrections.
  104         Section 7. Section 27.7001, Florida Statutes, is amended to
  105  read:
  106         27.7001 Legislative intent and findings.—It is the intent
  107  of the Legislature to create part IV of this chapter, consisting
  108  of ss. 27.7001-27.711, inclusive, to provide for the collateral
  109  representation of any person convicted and sentenced to death in
  110  this state, so that collateral legal proceedings to challenge
  111  any Florida capital conviction and sentence may be commenced in
  112  a timely manner and so as to assure the people of this state
  113  that the judgments of its courts may be regarded with the
  114  finality to which they are entitled in the interests of justice.
  115  It is the further intent of the Legislature that collateral
  116  representation shall not include representation during retrials,
  117  resentencings, proceedings commenced under chapter 940, or civil
  118  litigation.
  119         Section 8. Section 27.701, Florida Statutes, is amended to
  120  read:
  121         27.701 Capital collateral regional counsel.—
  122         (1) There are created three regional offices of capital
  123  collateral counsel, which shall be located in a northern,
  124  middle, and southern region of the state. The northern region
  125  shall consist of the First, Second, Third, Fourth, Eighth, and
  126  Fourteenth Judicial Circuits; the middle region shall consist of
  127  the Fifth, Sixth, Seventh, Ninth, Tenth, Twelfth, Thirteenth,
  128  and Eighteenth Judicial Circuits; and the southern region shall
  129  consist of the Eleventh, Fifteenth, Sixteenth, Seventeenth,
  130  Nineteenth, and Twentieth Judicial Circuits. Each regional
  131  office shall be administered by a regional counsel. A regional
  132  counsel must be, and must have been for the preceding 5 years, a
  133  member in good standing of The Florida Bar or a similar
  134  organization in another state. Each capital collateral regional
  135  counsel shall be appointed by the Governor, and is subject to
  136  confirmation by the Senate. The Supreme Court Judicial
  137  Nominating Commission shall recommend to the Governor three
  138  qualified candidates for each appointment as regional counsel.
  139  The Governor shall appoint a regional counsel for each region
  140  from among the recommendations, or, if it is in the best
  141  interest of the fair administration of justice in capital cases,
  142  the Governor may reject the nominations and request submission
  143  of three new nominees by the Supreme Court Judicial Nominating
  144  Commission. Each capital collateral regional counsel shall be
  145  appointed to a term of 3 years. Vacancies in the office of
  146  capital collateral regional counsel shall be filled in the same
  147  manner as appointments. A person appointed as a regional counsel
  148  may not run for or accept appointment to any state office for 2
  149  years following vacation of office.
  150         (2) Notwithstanding the provisions of subsection (1), the
  151  responsibilities of the regional office of capital collateral
  152  counsel for the northern region of the state shall be met
  153  through a pilot program using only attorneys from the registry
  154  of attorneys maintained pursuant to s. 27.710. Each attorney
  155  participating in the pilot must be qualified to provide
  156  representation in federal court. The Auditor General shall
  157  schedule a performance review of the pilot program to determine
  158  the effectiveness and efficiency of using attorneys from the
  159  registry compared to the capital collateral regional counsel.
  160  The review, at a minimum, shall include comparisons of the
  161  timeliness and costs of the pilot and the counsel and shall be
  162  submitted to the President of the Senate and the Speaker of the
  163  House of Representatives by January 30, 2007. The Legislature
  164  may determine whether to convert the pilot program to a
  165  permanent program after receipt of the Auditor General’s review.
  166         Section 9. Subsections (1) and (2) and paragraph (b) of
  167  subsection (4) of section 27.702, Florida Statutes, are amended
  168  to read:
  169         27.702 Duties of the capital collateral regional counsel;
  170  reports.—
  171         (1) The capital collateral regional counsel shall represent
  172  each person convicted and sentenced to death in this state for
  173  the sole purpose of instituting and prosecuting collateral
  174  actions challenging the legality of the judgment and sentence
  175  imposed against such person in the state courts, federal courts
  176  in this state, the United States Court of Appeals for the
  177  Eleventh Circuit, and the United States Supreme Court; and in
  178  proceedings commenced under chapter 940. The capital collateral
  179  regional counsel and the attorneys appointed pursuant to s.
  180  27.710 shall file only those postconviction or collateral
  181  actions authorized by statute. The three capital collateral
  182  regional counsel’s offices shall function independently and be
  183  separate budget entities, and the regional counsel shall be the
  184  office heads for all purposes. The Justice Administrative
  185  Commission shall provide administrative support and service to
  186  the three offices to the extent requested by the regional
  187  counsel. The three regional offices shall not be subject to
  188  control, supervision, or direction by the Justice Administrative
  189  Commission in any manner, including, but not limited to,
  190  personnel, purchasing, transactions involving real or personal
  191  property, and budgetary matters.
  192         (2) The capital collateral regional counsel shall represent
  193  persons convicted and sentenced to death within the region in
  194  collateral postconviction proceedings and proceedings under
  195  chapter 940, unless a court appoints or permits other counsel to
  196  appear as counsel of record.
  197         (4)
  198         (b) Each capital collateral regional counsel and each
  199  attorney participating in the pilot program in the northern
  200  region pursuant to s. 27.701(2) shall provide a quarterly report
  201  to the President of the Senate and the Speaker of the House of
  202  Representatives which details the number of hours worked by
  203  investigators and legal counsel per case and the amounts per
  204  case expended during the preceding quarter in investigating and
  205  litigating capital collateral cases.
  206         Section 10. Section 27.703, Florida Statutes, is amended to
  207  read:
  208         27.703 Conflict of interest and substitute counsel.—
  209         (1) The capital collateral regional counsel shall not
  210  accept an appointment or take any other action that will create
  211  an actual conflict of interest. If, at any time during the
  212  representation of a person, the capital collateral regional
  213  counsel alleges determines that the continued representation of
  214  that person creates an actual conflict of interest, the
  215  sentencing court shall, upon determining that an actual conflict
  216  exists upon application by the regional counsel, designate
  217  another regional counsel. If the replacement regional counsel
  218  alleges that an actual conflict of interest exists, the
  219  sentencing court shall, upon determining that an actual conflict
  220  exists and, only if a conflict exists with the other two
  221  counsel, appoint one or more members of The Florida Bar who
  222  meets the requirements of s. 27.710 and who is not disqualified
  223  pursuant to s. 27.7045 to represent the person one or more of
  224  such persons. An actual conflict of interest exists when an
  225  attorney actively represents conflicting interests. A possible,
  226  speculative, or merely hypothetical conflict is insufficient to
  227  support an allegation that a conflict of interest exists.
  228         (2) Appointed counsel shall be paid from funds appropriated
  229  to the Chief Financial Officer. The hourly rate may not exceed
  230  $100. However, all appointments of private counsel under this
  231  section shall be in accordance with ss. 27.710 and 27.711.
  232         (3) Capital collateral regional Prior to employment,
  233  counsel appointed pursuant to this section must have
  234  participated in at least five felony jury trials, five felony
  235  appeals, or five capital postconviction evidentiary hearings, or
  236  any combination of at least five of such proceedings, and must
  237  not be disqualified pursuant to s. 27.7045.
  238         Section 11. Section 27.7045, Florida Statutes, is created
  239  to read:
  240         27.7045 Capital case proceedings; constitutionally
  241  deficient representation.— Notwithstanding any other provision
  242  of law, an attorney employed by the state of Florida or
  243  appointed pursuant to s. 27.711 may not represent a person
  244  charged with a capital offense at trial or on direct appeal, or
  245  a person sentenced to death in a postconviction proceeding if,
  246  in two separate instances, a court, in a capital postconviction
  247  proceeding, determined that such attorney provided
  248  constitutionally deficient representation and relief was granted
  249  as a result. This prohibition on representation shall be for a
  250  period of five years, which commences at the time relief is
  251  granted after the highest court having jurisdiction to review
  252  the deficient representation determination has issued its final
  253  order affirming the second such determination.
  254         Section 12. Section 27.7081, Florida Statutes, is amended
  255  to read:
  256  (Substantial rewording of section. See
  257  s. 27.7081, F.S., for present text.)
  258         27.7081 Capital postconviction public records production.—
  259         (1) DEFINITIONS.—As used in this section, the term:
  260         (a) “Agency” has the same meaning as provided in s.
  261  119.011.
  262         (b) “Collateral counsel” means a capital collateral
  263  regional counsel from one of the three regions in Florida, a
  264  private attorney who has been appointed to represent a capital
  265  defendant for postconviction litigation, or a private attorney
  266  who has been hired by the capital defendant or who has agreed to
  267  work pro bono for a capital defendant for postconviction
  268  litigation.
  269         (c) “Public records” has the same meaning as provided in s.
  270  119.011.
  271         (d) “Trial court” means:
  272         1. The judge who entered the judgment and imposed the
  273  sentence of death; or
  274         2. If a motion for postconviction relief in a capital case
  275  has been filed and a different judge has already been assigned
  276  to that motion, the judge who is assigned to rule on that
  277  motion.
  278         (2) APPLICABILITY AND SCOPE.—This section only applies to
  279  the production of public records for capital postconviction
  280  defendants and does not change or alter the time periods
  281  specified in Rule 3.851, Florida Rules of Criminal Procedure.
  282  Furthermore, this section does not affect, expand, or limit the
  283  production of public records for any purpose other than use in a
  284  proceeding held pursuant to Rule 3.850 or Rule 3.851, Florida
  285  Rules of Criminal Procedure. This section shall not be a basis
  286  for renewing public records requests that have been initiated
  287  previously or for relitigating issues pertaining to production
  288  of public records upon which a court has ruled before July 1,
  289  2013. Public records requests made in postconviction proceedings
  290  in capital cases in which the conviction and sentence of death
  291  have been affirmed on direct appeal before July 1, 2013, shall
  292  be governed by the rules and laws in effect immediately before
  293  July 1, 2013.
  294         (3) RECORDS REPOSITORY.—The Secretary of State shall
  295  establish and maintain a records repository to archive capital
  296  postconviction public records as provided for in this section.
  297         (4) FILING AND SERVICE.—
  298         (a) The original of all notices, requests, or objections
  299  filed under this section must be filed with the clerk of the
  300  trial court. Copies must be served on the trial court, the
  301  attorney general, the state attorney, collateral counsel, and
  302  any affected person or agency, unless otherwise required by this
  303  section.
  304         (b) Service shall be made pursuant to Rule 3.030, Florida
  305  Rules of Criminal Procedure.
  306         (c) In all instances requiring written notification or
  307  request, the party who has the obligation of providing a
  308  notification or request shall provide proof of receipt.
  309         (d) Persons and agencies receiving postconviction public
  310  records notifications or requests pursuant to this section are
  311  not required to furnish records filed in a trial court before
  312  the receipt of the notice.
  313         (5) ACTION UPON ISSUANCE OF THE MANDATE ON DIRECT APPEAL.—
  314         (a) Within 15 days after receiving written notification of
  315  the Florida Supreme Court’s mandate affirming the sentence of
  316  death, the attorney general shall file with the trial court a
  317  written notice of the mandate and serve a copy of the notice
  318  upon the state attorney who prosecuted the case, the Department
  319  of Corrections, and the defendant’s trial counsel. The notice to
  320  the state attorney shall direct the state attorney to submit
  321  public records to the records repository within 90 days after
  322  receipt of written notification and to notify each law
  323  enforcement agency involved in the investigation of the capital
  324  offense to submit public records to the records repository
  325  within 90 days after receipt of written notification. The notice
  326  to the Department of Corrections shall direct the department to
  327  submit public records to the records repository within 90 days
  328  after receipt of written notification.
  329         (b) Within 90 days after receiving written notification of
  330  issuance of the Florida Supreme Court’s mandate affirming a
  331  death sentence, the state attorney shall provide written
  332  notification to the attorney general of the name and address of
  333  an additional person or agency that has public records pertinent
  334  to the case.
  335         (c) Within 90 days after receiving written notification of
  336  issuance of the Florida Supreme Court’s mandate affirming a
  337  death sentence, the defendant’s trial counsel shall provide
  338  written notification to the attorney general of the name and
  339  address of a person or agency with information pertinent to the
  340  case which has not previously been provided to collateral
  341  counsel.
  342         (d) Within 15 days after receiving written notification of
  343  any additional person or agency pursuant to paragraph (b) or
  344  paragraph (c), the attorney general shall notify all persons or
  345  agencies identified pursuant to paragraph (b) or paragraph (c)
  346  that these persons or agencies are required by law to copy,
  347  index, and deliver to the records repository all public records
  348  pertaining to the case that are in their possession. The person
  349  or agency shall bear the costs related to copying, indexing, and
  350  delivering the records.
  351         (6) ACTION UPON RECEIPT OF NOTICE OF MANDATE.—
  352         (a) Within 15 days after receipt of a written notice of the
  353  mandate from the attorney general, the state attorney shall
  354  provide written notification to each law enforcement agency
  355  involved in the specific case to submit public records to the
  356  records repository within 90 days after receipt of written
  357  notification. A copy of the notice shall be served upon the
  358  defendant’s trial counsel.
  359         (b) Within 90 days after receipt of a written notice of the
  360  mandate from the attorney general, the state attorney shall
  361  copy, index, and deliver to the records repository all public
  362  records that were produced in the state attorney’s investigation
  363  or prosecution of the case. The state attorney shall bear the
  364  costs. The state attorney shall also provide written
  365  notification to the attorney general of compliance with this
  366  section, including certifying that, to the best of the state
  367  attorney’s knowledge or belief, all public records in the state
  368  attorney’s possession have been copied, indexed, and delivered
  369  to the records repository as required by this section.
  370         (c) Within 90 days after receipt of written notification of
  371  the mandate from the attorney general, the Department of
  372  Corrections shall, at its own expense, copy, index, and deliver
  373  to the records repository all public records determined by the
  374  department to be relevant to the subject matter of a proceeding
  375  under Rule 3.851, Florida Rules of Criminal Procedure, unless
  376  such copying, indexing, and delivering would be unduly
  377  burdensome. The secretary of the department shall provide
  378  written notification to the attorney general of compliance with
  379  this paragraph certifying that, to the best of the secretary of
  380  the department’s knowledge or belief, all such public records in
  381  the possession of the secretary of the department have been
  382  copied, indexed, and delivered to the records repository.
  383         (d) Within 90 days after receipt of written notification of
  384  the mandate from the state attorney, a law enforcement agency
  385  shall, at its own expense, copy, index, and deliver to the
  386  records repository all public records that were produced in the
  387  investigation or prosecution of the case. The chief law
  388  enforcement officer of each law enforcement agency shall provide
  389  written notification to the attorney general of compliance with
  390  this paragraph including certifying that, to the best of the
  391  chief law enforcement officer’s knowledge or belief, all such
  392  public records in possession of the agency or in possession of
  393  an employee of the agency, have been copied, indexed, and
  394  delivered to the records repository.
  395         (e) Within 90 days after receipt of written notification of
  396  the mandate from the attorney general, each additional person or
  397  agency identified pursuant to paragraph (5)(b) or paragraph
  398  (5)(c) shall copy, index, and deliver to the records repository
  399  all public records which were produced during the prosecution of
  400  the case. The person or agency shall bear the costs. The person
  401  or agency shall provide written notification to the attorney
  402  general of compliance with this subdivision and shall certify,
  403  to the best of the person or agency’s knowledge and belief, all
  404  such public records in the possession of the person or agency
  405  have been copied, indexed, and delivered to the records
  406  repository.
  407         (7) EXEMPT OR CONFIDENTIAL PUBLIC RECORDS.—
  408         (a) Public records delivered to the records repository
  409  pursuant to this section that are confidential or exempt from
  410  the requirements of s. 119.07(1) or article I, section 24(a), of
  411  the Constitution, must be separately contained, without being
  412  redacted, and sealed. The outside of the container must clearly
  413  identify that the public record is confidential or exempt and
  414  that the seal may not be broken without an order of the trial
  415  court. The outside of the container must identify the nature of
  416  the public records and the legal basis for the exemption.
  417         (b) Upon the entry of an appropriate court order, sealed
  418  containers subject to an inspection by the trial court shall be
  419  shipped to the clerk of court. The containers may be opened only
  420  for inspection by the trial court. The moving party shall bear
  421  all costs associated with the transportation and inspection of
  422  such records by the trial court.
  423         (8) DEMAND FOR ADDITIONAL PUBLIC RECORDS.—
  424         (a) Within 240 days after collateral counsel is appointed,
  425  retained, or appears pro bono, such counsel shall send a written
  426  demand for additional public records to each person or agency
  427  submitting public records or identified as having information
  428  pertinent to the case under subsection (5).
  429         (b) Within 90 days after receipt of the written demand,
  430  each person or agency notified under this subsection shall
  431  deliver to the records repository additional public records in
  432  the possession of the person or agency that pertain to the case
  433  and shall certify to the best of the person or agency’s
  434  knowledge and belief that all additional public records have
  435  been delivered to the records repository or, if no additional
  436  public records are found, shall recertify that the public
  437  records previously delivered are complete.
  438         (c) Within 60 days after receipt of the written demand, a
  439  person or agency may file with the trial court an objection to
  440  the written demand described in paragraph (a). The trial court
  441  may order a person or agency to produce additional public
  442  records if the court determines that:
  443         1. Collateral counsel has made a timely and diligent search
  444  as provided in this section.
  445         2. Collateral counsel’s written demand identifies, with
  446  specificity, those additional public records that are not at the
  447  records repository.
  448         3. The additional public records sought are relevant to the
  449  subject matter of a postconviction proceeding under Rule 3.851,
  450  Florida Rules of Criminal Procedure, or appear reasonably
  451  calculated to lead to the discovery of admissible evidence.
  452         4. The additional public records request is not overly
  453  broad or unduly burdensome.
  454         (9) LIMITATION ON POSTPRODUCTION REQUEST FOR ADDITIONAL
  455  RECORDS.—
  456         (a) In order to obtain public records in addition to those
  457  provided under subsections (6), (7), and (8), collateral counsel
  458  must file an affidavit in the trial court which:
  459         1. Attests that collateral counsel has made a timely and
  460  diligent search of the records repository.
  461         2. Identifies with specificity those public records not at
  462  the records repository.
  463         3. Establishes that the additional public records are
  464  either relevant to the subject matter of the postconviction
  465  proceeding or are reasonably calculated to lead to the discovery
  466  of admissible evidence.
  467         4. Must be served in accordance with subsection (4).
  468         (b) The trial court may order a person or agency to produce
  469  additional public records only upon finding that:
  470         1. Collateral counsel has made a timely and diligent search
  471  of the records repository.
  472         2. Collateral counsel’s affidavit identifies with
  473  specificity those additional public records that are not at the
  474  records repository.
  475         3. The additional public records sought are either relevant
  476  to the subject matter of a capital postconviction proceeding or
  477  appear reasonably calculated to lead to the discovery of
  478  admissible evidence.
  479         4. The additional records request is not overly broad or
  480  unduly burdensome.
  481         (10) COPYING RECORDS.— The Secretary of State shall provide
  482  the personnel, supplies, and any necessary equipment to copy
  483  records held at the records repository.
  484         (11) AUTHORITY OF THE COURT.—In proceedings under this
  485  section the trial court may:
  486         (a) Compel or deny disclosure of records.
  487         (b) Conduct an inspection in camera.
  488         (c) Extend the time periods in this section upon a showing
  489  of good cause.
  490         (d) Impose sanctions upon a party, person, or agency
  491  affected by this section, including initiating contempt
  492  proceedings, taxing expenses, extending time periods, ordering
  493  facts to be established, and granting other relief.
  494         (e) Resolve a dispute arising under this section unless
  495  jurisdiction is in an appellate court.
  496         (12) SCOPE OF PRODUCTION AND RESOLUTION OF PRODUCTION
  497  ISSUES.—
  498         (a) Unless otherwise limited, the scope of production under
  499  any part of this section shall be that the public records sought
  500  are not privileged or immune from production and are either
  501  relevant to the subject matter of a postconviction proceeding
  502  under Rule 3.851, Florida Rules of Criminal Procedure, or are
  503  reasonably calculated to lead to the discovery of admissible
  504  evidence.
  505         (b) Counsel for a party objecting or moving to compel
  506  production of public records pursuant to this section must file
  507  a copy of the objection or motion directly with the trial court.
  508         (c) The trial court may order mediation for a controversy
  509  as to public records production pursuant to this section in
  510  accord with Rules 1.700, 1.710, 1.720, and 1.730, Florida Rules
  511  of Civil Procedure, or the trial court may refer such
  512  controversy to a magistrate in accord with Rule 1.490, Florida
  513  Rules of Civil Procedure.
  514         (13) DESTRUCTION OF RECORDS.—Sixty days after a capital
  515  sentence is carried out, after a defendant is released from
  516  incarceration after the granting of a pardon or reversal of the
  517  sentence, or after a defendant has been resentenced to a term of
  518  years, the attorney general shall provide written notification
  519  of this occurrence to the Secretary of State. After the
  520  expiration of the 60 days, the Secretary of State may destroy
  521  the copies of the records held by the records repository that
  522  pertain to that case, unless an objection to the destruction is
  523  filed in the trial court and served upon the Secretary of State.
  524  If no objection is served within the 60-day period, the records
  525  may then be destroyed. If an objection is served, the records
  526  shall not be destroyed until a final disposition of the
  527  objection.
  528         Section 13. Subsections (1), (2), (3), and (4) of section
  529  27.710, Florida Statutes, are amended to read:
  530         27.710 Registry of attorneys applying to represent persons
  531  in postconviction capital collateral proceedings; certification
  532  of minimum requirements; appointment by trial court.—
  533         (1) The executive director of the Justice Administrative
  534  Commission shall compile and maintain a statewide registry of
  535  attorneys in private practice who have certified that they meet
  536  the minimum requirements of s. 27.704(2), who have participated
  537  in at least two capital trials or two capital sentencing
  538  proceedings, who are available for appointment by the court
  539  under this section to represent persons convicted and sentenced
  540  to death in this state in postconviction collateral proceedings,
  541  and who have attended within the last year a continuing legal
  542  education program of at least 10 hours’ duration devoted
  543  specifically to the defense of capital cases, if available.
  544  Continuing legal education programs meeting the requirements of
  545  this rule offered by The Florida Bar or another recognized
  546  provider and approved for continuing legal education credit by
  547  The Florida Bar shall satisfy this requirement. The failure to
  548  comply with this requirement may be cause for removal from the
  549  list until the requirement is fulfilled. To ensure that
  550  sufficient attorneys are available for appointment by the court,
  551  when the number of attorneys on the registry falls below 50, the
  552  executive director shall notify the chief judge of each circuit
  553  by letter and request the chief judge to promptly submit the
  554  names of at least three private attorneys who regularly practice
  555  criminal law in that circuit and who appear to meet the minimum
  556  requirements to represent persons in postconviction capital
  557  collateral proceedings. The executive director shall send an
  558  application to each attorney identified by the chief judge so
  559  that the attorney may register for appointment as counsel in
  560  postconviction capital collateral proceedings. As necessary, the
  561  executive director may also advertise in legal publications and
  562  other appropriate media for qualified attorneys interested in
  563  registering for appointment as counsel in postconviction capital
  564  collateral proceedings. Not later than September 1 of each year,
  565  and as necessary thereafter, the executive director shall
  566  provide to the Chief Justice of the Supreme Court, the chief
  567  judge and state attorney in each judicial circuit, and the
  568  Attorney General a current copy of its registry of attorneys who
  569  are available for appointment as counsel in postconviction
  570  capital collateral proceedings. The registry must be indexed by
  571  judicial circuit and must contain the requisite information
  572  submitted by the applicants in accordance with this section.
  573         (2) To be eligible for court appointment as counsel in
  574  postconviction capital collateral proceedings, an attorney must
  575  certify on an application provided by the executive director
  576  that he or she satisfies the minimum requirements for private
  577  counsel set forth in s. 27.704(2)and that he or she has
  578  participated in at least two capital trials or two capital
  579  sentencing proceedings.
  580         (3) An attorney who applies for registration and court
  581  appointment as counsel in postconviction capital collateral
  582  proceedings must certify that he or she is counsel of record in
  583  not more than nine four such proceedings and, if appointed to
  584  represent a person in postconviction capital collateral
  585  proceedings, shall continue such representation under the terms
  586  and conditions set forth in s. 27.711 until the sentence is
  587  reversed, reduced, or carried out or unless permitted to
  588  withdraw from representation by the trial court. The court may
  589  not permit an attorney to withdraw from representation without a
  590  finding of sufficient good cause. The court may impose
  591  appropriate sanctions if it finds that an attorney has shown bad
  592  faith with respect to continuing to represent a defendant in a
  593  postconviction capital collateral proceeding. This section does
  594  not preclude the court from reassigning a case to a capital
  595  collateral regional counsel following discontinuation of
  596  representation if a conflict of interest no longer exists with
  597  respect to the case.
  598         (4) Each private attorney who is appointed by the court to
  599  represent a capital defendant must enter into a contract with
  600  the Justice Administrative Commission Chief Financial Officer.
  601  If the appointed attorney fails to execute the contract within
  602  30 days after the date the contract is mailed to the attorney,
  603  the executive director shall notify the trial court. The Justice
  604  Administrative Commission Chief Financial Officer shall develop
  605  the form of the contract, function as contract manager, and
  606  enforce performance of the terms and conditions of the contract.
  607  The Justice Administrative Commission shall approve uniform
  608  contract forms for use in procuring the services of private
  609  court-appointed counsel and uniform procedures and forms for use
  610  by a court-appointed attorney in support of billing for attorney
  611  fees, costs, and related expenses to demonstrate attorney
  612  completion of specified duties. By signing such contract, the
  613  attorney certifies that he or she intends to continue the
  614  representation under the terms and conditions set forth in the
  615  contract until the sentence is reversed, reduced, or carried out
  616  or until released by order of the trial court.
  617         Section 14. Subsections (3), (4), (5), (6), (7), (9), (12),
  618  (13), and (14) of section 27.711, Florida Statutes, are amended
  619  to read:
  620         27.711 Terms and conditions of appointment of attorneys as
  621  counsel in postconviction capital collateral proceedings.—
  622         (3) An attorney appointed to represent a capital defendant
  623  is entitled to payment of the fees set forth in this section
  624  only upon full performance by the attorney of the duties
  625  specified in this section and approval of payment by the trial
  626  court, and the submission of a payment request by the attorney,
  627  subject to the availability of sufficient funding specifically
  628  appropriated for this purpose. An attorney may not be
  629  compensated under this section for work performed by the
  630  attorney before July 1, 2003, while employed by the northern
  631  regional office of the capital collateral counsel. The Justice
  632  Administrative Commission Chief Financial Officer shall notify
  633  the executive director and the court if it appears that
  634  sufficient funding has not been specifically appropriated for
  635  this purpose to pay any fees which may be incurred. The attorney
  636  shall maintain appropriate documentation, including a current
  637  and detailed hourly accounting of time spent representing the
  638  capital defendant. The fee and payment schedule in this section
  639  is the exclusive means of compensating a court-appointed
  640  attorney who represents a capital defendant. When appropriate, a
  641  court-appointed attorney must seek further compensation from the
  642  Federal Government, as provided in 18 U.S.C. s. 3006A or other
  643  federal law, in habeas corpus litigation in the federal courts.
  644         (4) Upon approval by the trial court, an attorney appointed
  645  to represent a capital defendant under s. 27.710 is entitled to
  646  payment of the following fees by the Justice Administrative
  647  Commission Chief Financial Officer:
  648         (a) Regardless of the stage of postconviction capital
  649  collateral proceedings, the attorney is entitled to $100 per
  650  hour, up to a maximum of $2,500, after accepting appointment and
  651  filing a notice of appearance.
  652         (b) The attorney is entitled to $100 per hour, up to a
  653  maximum of $20,000, after timely filing in the trial court the
  654  capital defendant’s complete original motion for postconviction
  655  relief under the Florida Rules of Criminal Procedure. The motion
  656  must raise all issues to be addressed by the trial court.
  657  However, an attorney is entitled to fees under this paragraph if
  658  the court schedules a hearing on a matter that makes the filing
  659  of the original motion for postconviction relief unnecessary or
  660  if the court otherwise disposes of the case.
  661         (c) The attorney is entitled to $100 per hour, up to a
  662  maximum of $20,000, after the trial court issues a final order
  663  granting or denying the capital defendant’s motion for
  664  postconviction relief.
  665         (d) The attorney is entitled to $100 per hour, up to a
  666  maximum of $20,000, after timely filing in the Supreme Court the
  667  capital defendant’s brief or briefs that address the trial
  668  court’s final order granting or denying the capital defendant’s
  669  motion for postconviction relief and the state petition for writ
  670  of habeas corpus.
  671         (e) The attorney is entitled to $100 per hour, up to a
  672  maximum of $10,000, after the trial court issues an order,
  673  pursuant to a remand from the Supreme Court, which directs the
  674  trial court to hold further proceedings on the capital
  675  defendant’s motion for postconviction relief.
  676         (f) The attorney is entitled to $100 per hour, up to a
  677  maximum of $4,000, after the appeal of the trial court’s denial
  678  of the capital defendant’s motion for postconviction relief and
  679  the capital defendant’s state petition for writ of habeas corpus
  680  become final in the Supreme Court.
  681         (g) At the conclusion of the capital defendant’s
  682  postconviction capital collateral proceedings in state court,
  683  the attorney is entitled to $100 per hour, up to a maximum of
  684  $2,500, after filing a petition for writ of certiorari in the
  685  Supreme Court of the United States.
  686         (h) If, at any time, a death warrant is issued, the
  687  attorney is entitled to $100 per hour, up to a maximum of
  688  $5,000. This payment shall be full compensation for attorney’s
  689  fees and costs for representing the capital defendant throughout
  690  the proceedings before the state courts of Florida.
  691  
  692  The hours billed by a contracting attorney under this subsection
  693  may include time devoted to representation of the defendant by
  694  another attorney who is qualified under s. 27.710 and who has
  695  been designated by the contracting attorney to assist him or
  696  her.
  697         (5) An attorney who represents a capital defendant may use
  698  the services of one or more investigators to assist in
  699  representing a capital defendant. Upon approval by the trial
  700  court, the attorney is entitled to payment from the Justice
  701  Administrative Commission Chief Financial Officer of $40 per
  702  hour, up to a maximum of $15,000, for the purpose of paying for
  703  investigative services.
  704         (6) An attorney who represents a capital defendant is
  705  entitled to a maximum of $15,000 for miscellaneous expenses,
  706  such as the costs of preparing transcripts, compensating expert
  707  witnesses, and copying documents. Upon approval by the trial
  708  court, the attorney is entitled to payment by the Justice
  709  Administrative Commission Chief Financial Officer of up to
  710  $15,000 for miscellaneous expenses, except that, if the trial
  711  court finds that extraordinary circumstances exist, the attorney
  712  is entitled to payment in excess of $15,000.
  713         (7) An attorney who is actively representing a capital
  714  defendant is entitled to a maximum of $500 per fiscal year for
  715  tuition and expenses for continuing legal education that
  716  pertains to the representation of capital defendants. Upon
  717  approval by the trial court, the attorney is entitled to payment
  718  by the Justice Administrative Commission Chief Financial Officer
  719  for expenses for such tuition and continuing legal education.
  720         (9) An attorney may not represent more than ten five
  721  defendants in capital postconviction litigation at any one time.
  722         (12) The court shall monitor the performance of assigned
  723  counsel to ensure that the capital defendant is receiving
  724  quality representation. The court shall also receive and
  725  evaluate allegations that are made regarding the performance of
  726  assigned counsel. The Justice Administrative Commission Chief
  727  Financial Officer, the Department of Legal Affairs, the
  728  executive director, or any interested person may advise the
  729  court of any circumstance that could affect the quality of
  730  representation, including, but not limited to, false or
  731  fraudulent billing, misconduct, failure to meet continuing legal
  732  education requirements, solicitation to receive compensation
  733  from the capital defendant, or failure to file appropriate
  734  motions in a timely manner.
  735         (13) Prior to the filing of a motion for order approving
  736  payment of attorney’s fees, costs, or related expenses, the
  737  assigned counsel shall deliver a copy of his intended billing,
  738  together with supporting affidavits and all other necessary
  739  documentation, to the Justice Administrative Commission Chief
  740  Financial Officer’s named contract manager. The Justice
  741  Administrative Commission shall review the intended billing
  742  contract manager shall have 10 business days from receipt to
  743  review the billings, affidavit, and documentation for
  744  completeness and compliance with contractual and statutory
  745  requirements. If the Justice Administrative Commission contract
  746  manager objects to any portion of the proposed billing, the
  747  objection and reasons therefor shall be communicated to the
  748  assigned counsel. The assigned counsel may thereafter file his
  749  or her motion for order approving payment of attorney’s fees,
  750  costs, or related expenses together with supporting affidavits
  751  and all other necessary documentation. The motion must specify
  752  whether the Justice Administrative Commission Chief Financial
  753  Officer’s contract manager objects to any portion of the billing
  754  or the sufficiency of documentation and, if so, the reason
  755  therefor. A copy of the motions and attachments shall be served
  756  on the Justice Administrative Commission at least 5 business
  757  days before the date of a hearing. The Justice Administrative
  758  Commission has standing to appear before the court to contest
  759  any motion for an order approving payment of attorney fees,
  760  costs, or related expenses and may participate in a hearing on
  761  the motion by use of telephonic or other communication
  762  equipment. A copy of the motion and attachments shall be served
  763  on the Chief Financial Officer’s contract manager, who shall
  764  have standing to file pleadings and appear before the court to
  765  contest any motion for order approving payment. The fact that
  766  the Justice Administrative Commission Chief Financial Officer’s
  767  contract manager has not objected to any portion of the billing
  768  or to the sufficiency of the documentation is not binding on the
  769  court, which retains primary authority and responsibility for
  770  determining the reasonableness of all billings for fees, costs,
  771  and related expenses, subject to statutory limitations.
  772         (14) Each attorney participating in the pilot program in
  773  the northern region pursuant to s. 27.701(2), as a condition of
  774  payment pursuant to this section, shall report on the
  775  performance measures adopted by the Legislature for the capital
  776  collateral regional counsel.
  777         Section 15. Section 922.095, Florida Statutes, is amended
  778  to read:
  779         922.095 Grounds for death warrant; limitations of actions.
  780  A person who is convicted and sentenced to death must pursue all
  781  possible collateral remedies in state court in accordance with
  782  the Florida Rules of Criminal Procedure within the time limits
  783  provided by statute. Failure to seek relief within the statutory
  784  time limits constitutes grounds for issuance of a death warrant
  785  under s. 922.052 or s. 922.14. Any claim not pursued within the
  786  statutory time limits is barred. No claim filed after the time
  787  required by law shall be grounds for a judicial stay of any
  788  warrant.
  789         Section 16. Section 922.052, Florida Statutes, is amended
  790  to read:
  791         922.052 Issuance of warrant of execution.—
  792         (1) When a person is sentenced to death, the clerk of the
  793  court shall prepare a certified copy of the record of the
  794  conviction and sentence, and the sheriff shall send the record
  795  to the Governor and the clerk of the Florida Supreme Court. The
  796  sentence shall not be executed until the Governor, or the
  797  Secretary of the Department of Corrections pursuant to s.
  798  922.14, issues a warrant, attaches it to the copy of the record,
  799  and transmits it to the warden, directing the warden to execute
  800  the sentence at a time designated in the warrant.
  801         (2) If, for any reason, the sentence is not executed during
  802  the week designated, the warrant shall remain in full force and
  803  effect and the sentence shall be carried out as provided in s.
  804  922.06.
  805         Section 17. Subsection (1) of section 922.11, Florida
  806  Statutes, is amended to read:
  807         922.11 Regulation of execution.—
  808         (1) The warden of the state prison or a deputy designated
  809  by him or her shall be present at the execution. The warden
  810  shall set the day for execution within the week designated by
  811  the Governor in the warrant.
  812         Section 18. Section 922.14, Florida Statutes, is amended to
  813  read:
  814         922.14 Issuance of warrant of execution Sentence of death
  815  unexecuted for unjustifiable reasons.—
  816         (1)(a) The clerk of the Florida Supreme Court shall send a
  817  letter to the Secretary of the Department of Corrections
  818  certifying that a person convicted and sentenced to death,
  819  before or after the effective date of this act, has:
  820         1. Completed such person’s direct appeal and initial
  821  postconviction proceeding in state court, and habeas corpus
  822  proceeding and appeal therefrom in federal court; or
  823         2. Allowed the time permitted for filing an initial
  824  postconviction motion in state court, and habeas corpus petition
  825  in federal court to expire.
  826         (b) Upon receiving the letter of certification from the
  827  clerk of the Florida Supreme Court, the Secretary of the
  828  Department of Corrections shall immediately issue a warrant for
  829  execution, directing the warden to execute the sentence within
  830  180 days, at a time designated in the warrant. The Secretary may
  831  not issue more than three warrants in any 90-day period,
  832  regardless of how many letters of certification he or she
  833  receives. If in any 90-day period the Secretary receives more
  834  than three letters of certification, the Secretary shall issue
  835  warrants on the three persons who were sentenced to death
  836  earliest.
  837         (2) If a death sentence is not executed because of
  838  unjustified failure of the the Secretary of the Department of
  839  Corrections or the Governor to issue a warrant, or for any other
  840  unjustifiable reason, on application of the Department of Legal
  841  Affairs, the Supreme Court shall issue a warrant directing the
  842  sentence to be executed during a week designated in the warrant.
  843         Section 19. Section 924.055, Florida Statutes, is amended
  844  to read:
  845         924.055 Postconviction review in capital cases; legislative
  846  findings and intent.—
  847         (1) It is the intent of the Legislature to reduce delays in
  848  capital cases and to ensure that all appeals and postconviction
  849  actions in capital cases are resolved as soon as possible within
  850  5 years after the date a sentence of death is imposed in the
  851  circuit court. All capital postconviction actions must be filed
  852  as early as possible after the imposition of a sentence of death
  853  which may be during a direct appeal of the conviction and
  854  sentence. A person sentenced to death or that person’s capital
  855  postconviction counsel must file any postconviction legal action
  856  in compliance with the Florida Rules of Criminal Procedure
  857  statutes of limitation established in s. 924.056 and elsewhere
  858  in this chapter. Except as expressly allowed by s. 924.056(5), a
  859  person sentenced to death or that person’s capital
  860  postconviction counsel may not file more than one postconviction
  861  action in a sentencing court and one appeal therefrom to the
  862  Florida Supreme Court, unless authorized by law.
  863         (2) It is the further intent of the Legislature that no
  864  state resources be expended in violation of this act. In the
  865  event that any state employee or party contracting with the
  866  state violates the provisions of this act, the Attorney General
  867  shall deliver to the Speaker of the House of Representatives and
  868  the President of the Senate a copy of any court pleading or
  869  order that describes or adjudicates a violation.
  870         Section 20. Section 924.056, Florida Statutes, is amended
  871  to read:
  872  (Substantial rewording of section. See
  873  s. 924.056, F.S., for present text.)
  874         924.056 Capital postconviction proceedings; reporting
  875  requirements.—
  876         (1) The Florida Supreme Court shall annually report to the
  877  Speaker of the House of Representatives and the President of the
  878  Senate the status of each capital case in which a postconviction
  879  action has been filed that has been continuously pending for
  880  more than 3 years. The report must include the name of the state
  881  court judge involved in the case.
  882         (2) In a capital postconviction proceeding in which it has
  883  been determined that an attorney of record provided
  884  constitutionally deficient representation and relief has been
  885  granted as a result of such determination, after the highest
  886  court having jurisdiction to review such determination has
  887  issued its final order affirming the determination, the court
  888  making such determination shall furnish a copy of the findings
  889  to The Florida Bar for appropriate disciplinary action.
  890         Section 21. Section 924.057, Florida Statutes, is amended
  891  to read:
  892  (Substantial rewording of section. See
  893  s. 924.057, F.S., for present text.)
  894         924.057 Capital postconviction proceedings; legislative
  895  intent.—The legislature acknowledges the past efforts made by
  896  the judicial branch in establishing rules of criminal procedure
  897  that make the capital postconviction process fair and more
  898  efficient. The legislature also recognizes and commends the
  899  judicial branch for continuing these efforts by issuing
  900  Administrative Order AOSC13-11, which creates a Capital
  901  Postconviction Proceedings Subcommittee of the Criminal Court
  902  Steering Committee, and directs the Subcommittee to undertake a
  903  comprehensive review of capital postconviction proceedings, and
  904  to make recommendations to the Florida Supreme Court whether
  905  court rules should be amended to improve the overall efficiency
  906  of the capital postconviction process. In support of these
  907  efforts, the legislature expresses its intent that capital
  908  postconviction proceedings be conducted in accordance with court
  909  rules, and that courts strictly adhere to the timeframes and
  910  postconviction motion content requirements established therein.
  911         Section 22. Sections 924.058, 924.059, and 924.395, Florida
  912  Statutes, are repealed.
  913         Section 23. If any provision of this act or the application
  914  thereof to any person or circumstance is held invalid, the
  915  invalidity does not affect other provisions or applications of
  916  the act which can be given effect without the invalid provision
  917  or application, and to this end the provisions of this act are
  918  declared severable.
  919         Section 24. Effective July 1, 2013, four full-time
  920  equivalent positions with associated salary and rate of 220,000
  921  are authorized and $417,338 in recurring funds from the General
  922  Revenue Fund and $14,832 in nonrecurring general revenue is
  923  appropriated to the Justice Administration Commission for the
  924  creation of the northern region office of the Capital Collateral
  925  Regional Counsel as provided in this act.
  926         Section 25. This act shall take effect July 1, 2013.
  927  
  928  ================= T I T L E  A M E N D M E N T ================
  929         And the title is amended as follows:
  930         Delete everything before the enacting clause
  931  and insert:
  932                        A bill to be entitled                      
  933         An act relating to the death penalty; providing a
  934         short title; amending s. 27.40, F.S.; requiring the
  935         court to appoint the capital collateral regional
  936         counsel to represent persons convicted and sentenced
  937         to death in clemency proceedings; amending s. 27.51,
  938         F.S.; removing the court’s authority to appoint a
  939         public defender to represent a person convicted and
  940         sentenced to death in clemency proceedings; amending
  941         s. 27.511, F.S., removing the court’s authority to
  942         appoint the office of criminal conflict and civil
  943         regional counsel to represent a person convicted and
  944         sentenced to death in clemency proceedings; amending
  945         s. 27.5303, F.S., removing the court’s authority to
  946         appoint a public defender to represent an indigent
  947         person convicted and sentenced to death in clemency
  948         proceedings; amending s. 27.5304, F.S.; requiring
  949         funds used to compensate court-appointed attorneys who
  950         represent a person convicted and sentenced to death in
  951         clemency proceedings to be paid by the Justice
  952         Administrative Commission rather than the Department
  953         of Corrections; amending s. 27.7001, F.S.; removing
  954         legislative intent language indicating that collateral
  955         representation of persons convicted and sentenced to
  956         death should not include representation during
  957         clemency proceedings; repealing s. 27.701(2), F.S.,
  958         relating to a pilot project using registry attorneys
  959         to provide capital collateral counsel services in the
  960         northern region of the Capital Collateral Regional
  961         Counsel; amending s. 27.702, F.S., authorizing the
  962         capital collateral regional counsel to represent
  963         persons convicted and sentenced to death in clemency
  964         proceedings; removing language requiring the capital
  965         collateral regional counsel to only file
  966         postconviciton actions authorized by statute; amending
  967         s. 27.703, F.S.; prohibiting the capital collateral
  968         regional counsel and replacement regional counsel from
  969         accepting an appointment or taking and action that
  970         creates an actual conflict of interest; describing
  971         actual conflict of interest; amending s. 27.7045,
  972         F.S.; prohibiting an attorney from representing a
  973         person charged with a capital offense in specified
  974         proceedings for five years if in two separate
  975         instances a court, in a capital postconviction
  976         proceeding, determined that the attorney provided
  977         constitutionally deficient representation and relief
  978         was granted; amending s. 27.7081, F.S.; providing
  979         definitions; establishing procedures for public
  980         records production in postconviction capital cases
  981         proceedings; amending s. 27.710, F.S.; requiring
  982         private registry attorneys appointed by the court to
  983         represent persons in postconviction capital
  984         proceedings to meet certain criteria; requiring
  985         private registry attorneys appointed by the court to
  986         represent persons in postconviction capital
  987         proceedings to contract with the Justice
  988         Administrative Commission rather than the Chief
  989         Financial Officer; specifying that the Justice
  990         Administrative Commission is the contract manager and
  991         requiring the Justice Administrative Commission to
  992         approve uniform contract forms and procedures;
  993         amending s. 27.711, F.S.; replacing references to the
  994         “Chief Financial Officer” with “Justice Administrative
  995         Commission” for purposes of paying private registry
  996         attorneys appointed by the court to represent persons
  997         in postconviction capital proceedings; permitting
  998         private registry attorneys appointed by the court to
  999         represent persons in postconviction capital
 1000         proceedings to represent no more than ten, rather than
 1001         five, defendants in capital postconvcition litigation
 1002         at any one time; amending s. 922.095, F.S.; requiring
 1003         persons convicted and sentenced to death to pursue all
 1004         possible collateral remedies in state court in
 1005         accordance with the Florida Rules of Criminal
 1006         Procedure rather than in accordance with statute;
 1007         amending s. 922.052, F.S.; requiring the sheriff to
 1008         send the record of a person’s conviction and death
 1009         sentence to the clerk of the Florida Supreme Court;
 1010         specifying that a sentence shall not be executed until
 1011         the Governor or Secretary of the Department of
 1012         Corrections issues a warrant; amending s. 922.11,
 1013         F.S.; requiring the warden to set the day for
 1014         execution within the week designated in the warrant;
 1015         amending s. 922.14, F.S.; requiring the clerk of the
 1016         Florida Supreme Court to send a letter to the
 1017         Secretary of the Department of Corrections certifying
 1018         that a person convicted and sentenced to death meets
 1019         certain criteria; requiring the Secretary to
 1020         immediately issue a warrant upon receipt of the
 1021         clerk’s letter of certification directing the warden
 1022         to execute the sentence within 180 days; prohibiting
 1023         the Secretary from issuing more than three warrants in
 1024         a 90-day period; specifying how the Secretary shall
 1025         select which warrants to issue if he or she receives
 1026         more than three letters of certification within a 90
 1027         day period; amending s. 924.055, F.S.; removing
 1028         obsolete language requiring capital postconviction
 1029         motions to be filed in accordance with statute;
 1030         requiring capital postconviction motions to be filed
 1031         in accordance with the Florida Rules of Criminal
 1032         Procedure; amending s. 924.056, F.S.; requiring the
 1033         Florida Supreme Court to annually report certain
 1034         information regarding capital postconviction cases to
 1035         the Legislature; requiring courts to report specified
 1036         findings of ineffective assistance of counsel to The
 1037         Florida Bar; amending s. 924.057, F.S.; creating
 1038         legislative intent regarding postconviction
 1039         proceedings in capital cases; repealing sections
 1040         924.058, 924.059, and 924.395, F.S.; relating to
 1041         postconviction capital case proceedings; providing for
 1042         severability; providing an appropriation; providing an
 1043         effective date.