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.