HB 1481

1	A bill to be entitled
2	An act relating to the death penalty; providing a short
3	title; amending s. 27.51, F.S.; prohibiting certain public
4	defenders from representing certain persons sentenced to
5	death; providing for notification of the Florida Supreme
6	Court and appointment by the court of another public
7	defender; reenacting s. 27.702(1), F.S., relating to a
8	duty of the capital collateral regional counsel;
9	reenacting s. 27.703, F.S., relating to conflict of
10	interest and substitute counsel; reenacting s. 27.709(2),
11	F.S., relating to a duty of the Commission on Capital
12	Cases; reenacting s. 27.710, F.S., relating to a registry
13	of attorneys applying to represent persons in
14	postconviction capital collateral proceedings; reenacting
15	s. 27.711(3) and (13), F.S., relating to fees of attorneys
16	appointed as counsel in postconviction capital collateral
17	proceedings; amending s. 119.011, F.S.; revising the
18	definition of "active"; reenacting and amending s.
19	27.7081, F.S., relating to capital postconviction public
20	records production; revising a threshold date to conform;
21	reenacting s. 922.095, F.S., relating to grounds for a
22	death warrant and limitations of actions; reenacting s.
23	922.108, F.S., relating to sentencing orders in capital
24	cases; reenacting s. 924.055, F.S., relating to
25	postconviction review in capital cases; reenacting and
26	amending ss. 924.056 and 924.057, F.S.; revising a
27	threshold date to conform; revising criteria for
28	determining full pleading of a capital postconviction
29	action; reenacting and amending ss. 924.058 and 924.059,
30	F.S.; revising a threshold date to conform; deleting a
31	provision relating to Florida Supreme Court rule revision
32	of certain capital postconviction relief procedures;
33	reenacting s. 924.395, F.S., relating to sanctions;
34	repealing certain rules of criminal procedure; providing
35	severability; providing a contingent effective date.
36
37	WHEREAS, it is in the best interest of the administration
38	of justice that a sentence of death ordered by a court of this
39	state be carried out in a manner that is fair, just, and humane
40	and that conforms to constitutional requirements, and
41	WHEREAS, in order for capital punishment to be fair, just,
42	and humane for both the families of victims and for offenders,
43	there must be a prompt and efficient administration of justice
44	following any sentence of death ordered by the courts of this
45	state, and
46	WHEREAS, in order to ensure the fair, just, and humane
47	administration of capital punishment, it is necessary for the
48	Legislature to comprehensively address both the method by which
49	an execution is carried out and the processes by which an
50	offender sentenced to death may pursue postconviction and
51	collateral review of the judgment and the sentence of death, and
52	WHEREAS, the Death Penalty Reform Act of 2000, chapter
53	2000-3, Laws of Florida, was designed to accomplish these
54	objectives and was passed by the Legislature and approved by the
55	Governor in January of 2000, and
56	WHEREAS, the Death Penalty Reform Act of 2000, chapter
57	2000-3, Laws of Florida, was declared unconstitutional by the
58	Florida Supreme Court three months after becoming a law in Allen
59	v. Butterworth, 756 So.2d 52 (Fla. 2000), as being an
60	encroachment on the court's "exclusive power to 'adopt rules for
61	the practice and procedure in all courts,'" and
62	WHEREAS, the Constitution of the State of Florida has been
63	amended to authorize the Legislature to adopt, reject, or amend
64	court rules of criminal procedure and rules of procedure
65	governing postconviction proceedings which are proposed by the
66	judicial conference, and
67	WHEREAS, many provisions of the Death Penalty Reform Act of
68	2000 which were held unconstitutional may now be reenacted,
69	while other provisions can be modified, and new provisions added
70	to accomplish the same purpose, procedure, and objective of the
71	Death Penalty Reform Act of 2000, NOW, THEREFORE,
72
73	Be It Enacted by the Legislature of the State of Florida:
74
75	Section 1.  This act may be cited as the "Death Penalty
76	Reform Act."
77	Section 2.  Subsections (5) and (6) of section 27.51,
78	Florida Statutes, are renumbered as subsections (6) and (7),
79	respectively, and a new subsection (5) is added to said section,
80	to read:
81	27.51  Duties of public defender.--
82	(5)  When the public defender for a judicial circuit
83	enumerated in subsection (4) has represented at trial a person
84	sentenced to death, the public defender shall not represent that
85	person in any direct appellate proceedings. That public defender
86	shall notify the Supreme Court within 10 days after filing a
87	notice of appeal, and the court shall appoint another public
88	defender enumerated in subsection (4) to represent the person in
89	any direct appellate proceedings.
90	Section 3.  Subsection (1) of section 27.702, Florida
91	Statutes, is reenacted to read:
92	27.702  Duties of the capital collateral regional counsel;
93	reports.--
94	(1)  The capital collateral regional counsel shall
95	represent each person convicted and sentenced to death in this
96	state for the sole purpose of instituting and prosecuting
97	collateral actions challenging the legality of the judgment and
98	sentence imposed against such person in the state courts,
99	federal courts in this state, the United States Court of Appeals
100	for the Eleventh Circuit, and the United States Supreme Court.
101	The capital collateral regional counsel and the attorneys
102	appointed pursuant to s. 27.710 shall file only those
103	postconviction or collateral actions authorized by statute. The
104	three capital collateral regional counsel's offices shall
105	function independently and be separate budget entities, and the
106	regional counsel shall be the office heads for all purposes. The
107	Justice Administrative Commission shall provide administrative
108	support and service to the three offices to the extent requested
109	by the regional counsel. The three regional offices shall not be
110	subject to control, supervision, or direction by the Justice
111	Administrative Commission in any manner, including, but not
112	limited to, personnel, purchasing, transactions involving real
113	or personal property, and budgetary matters.
114	Section 4.  Section 27.703, Florida Statutes, is reenacted
115	to read:
116	27.703  Conflict of interest and substitute counsel.--
117	(1)  The capital collateral regional counsel shall not
118	accept an appointment or take any other action that will create
119	a conflict of interest. If, at any time during the
120	representation of a person, the capital collateral regional
121	counsel determines that the continued representation of that
122	person creates a conflict of interest, the sentencing court
123	shall, upon application by the regional counsel, designate
124	another regional counsel and, only if a conflict exists with the
125	other two counsel, appoint one or more members of The Florida
126	Bar to represent one or more of such persons.
127	(2)  Appointed counsel shall be paid from funds
128	appropriated to the Chief Financial Officer. The hourly rate may
129	not exceed $100. However, all appointments of private counsel
130	under this section shall be in accordance with ss. 27.710 and
131	27.711.
132	(3)  Prior to employment, counsel appointed pursuant to
133	this section must have participated in at least five felony jury
134	trials, five felony appeals, or five capital postconviction
135	evidentiary hearings, or any combination of at least five of
136	such proceedings.
137	Section 5.  Subsection (2) of section 27.709, Florida
138	Statutes, is reenacted to read:
139	27.709  Commission on Capital Cases.--
140	(2)(a)  The commission shall review the administration of
141	justice in capital collateral cases, receive relevant public
142	input, review the operation of the capital collateral regional
143	counsel and private counsel appointed pursuant to ss. 27.710 and
144	27.711, and advise and make recommendations to the Governor,
145	Legislature, and Supreme Court.
146	(b)  As part of its duties, the commission shall compile
147	and analyze case-tracking reports produced by the Supreme Court.
148	In analyzing these reports, the commission shall develop
149	statistics to identify trends and changes in case management and
150	case processing, identify and evaluate unproductive points of
151	delay, and generally evaluate the way cases are progressing. The
152	commission shall report these findings to the Legislature by
153	January 1 of each year.
154	(c)  In addition, the commission shall receive complaints
155	regarding the practice of any office of regional counsel and
156	private counsel appointed pursuant to ss. 27.710 and 27.711 and
157	shall refer any complaint to The Florida Bar, the State Supreme
158	Court, or the Commission on Ethics, as appropriate.
159	Section 6.  Section 27.710, Florida Statutes, is reenacted
160	to read:
161	27.710  Registry of attorneys applying to represent persons
162	in postconviction capital collateral proceedings; certification
163	of minimum requirements; appointment by trial court.--
164	(1)  The executive director of the Commission on Capital
165	Cases shall compile and maintain a statewide registry of
166	attorneys in private practice who have certified that they meet
167	the minimum requirements of s. 27.704(2), who are available for
168	appointment by the court under this section to represent persons
169	convicted and sentenced to death in this state in postconviction
170	collateral proceedings, and who have attended within the last
171	year a continuing legal education program of at least 10 hours'
172	duration devoted specifically to the defense of capital cases,
173	if available. Continuing legal education programs meeting the
174	requirements of this rule offered by The Florida Bar or another
175	recognized provider and approved for continuing legal education
176	credit by The Florida Bar shall satisfy this requirement. The
177	failure to comply with this requirement may be cause for removal
178	from the list until the requirement is fulfilled. To ensure that
179	sufficient attorneys are available for appointment by the court,
180	when the number of attorneys on the registry falls below 50, the
181	executive director shall notify the chief judge of each circuit
182	by letter and request the chief judge to promptly submit the
183	names of at least three private attorneys who regularly practice
184	criminal law in that circuit and who appear to meet the minimum
185	requirements to represent persons in postconviction capital
186	collateral proceedings. The executive director shall send an
187	application to each attorney identified by the chief judge so
188	that the attorney may register for appointment as counsel in
189	postconviction capital collateral proceedings. As necessary, the
190	executive director may also advertise in legal publications and
191	other appropriate media for qualified attorneys interested in
192	registering for appointment as counsel in postconviction capital
193	collateral proceedings. Not later than September 1 of each year,
194	and as necessary thereafter, the executive director shall
195	provide to the Chief Justice of the Supreme Court, the chief
196	judge and state attorney in each judicial circuit, and the
197	Attorney General a current copy of its registry of attorneys who
198	are available for appointment as counsel in postconviction
199	capital collateral proceedings. The registry must be indexed by
200	judicial circuit and must contain the requisite information
201	submitted by the applicants in accordance with this section.
202	(2)  To be eligible for court appointment as counsel in
203	postconviction capital collateral proceedings, an attorney must
204	certify on an application provided by the executive director
205	that he or she satisfies the minimum requirements for private
206	counsel set forth in s. 27.704(2).
207	(3)  An attorney who applies for registration and court
208	appointment as counsel in postconviction capital collateral
209	proceedings must certify that he or she is counsel of record in
210	not more than four such proceedings and, if appointed to
211	represent a person in postconviction capital collateral
212	proceedings, shall continue such representation under the terms
213	and conditions set forth in s. 27.711 until the sentence is
214	reversed, reduced, or carried out or unless permitted to
215	withdraw from representation by the trial court. The court may
216	not permit an attorney to withdraw from representation without a
217	finding of sufficient good cause. The court may impose
218	appropriate sanctions if it finds that an attorney has shown bad
219	faith with respect to continuing to represent a defendant in a
220	postconviction capital collateral proceeding. This section does
221	not preclude the court from reassigning a case to a capital
222	collateral regional counsel following discontinuation of
223	representation if a conflict of interest no longer exists with
224	respect to the case.
225	(4)  Each private attorney who is appointed by the court to
226	represent a capital defendant must enter into a contract with
227	the Chief Financial Officer. If the appointed attorney fails to
228	execute the contract within 30 days after the date the contract
229	is mailed to the attorney, the executive director of the
230	Commission on Capital Cases shall notify the trial court. The
231	Chief Financial Officer shall develop the form of the contract,
232	function as contract manager, and enforce performance of the
233	terms and conditions of the contract. By signing such contract,
234	the attorney certifies that he or she intends to continue the
235	representation under the terms and conditions set forth in the
236	contract until the sentence is reversed, reduced, or carried out
237	or until released by order of the trial court.
238	(5)(a)  Upon the motion of the capital collateral regional
239	counsel to withdraw pursuant to s. 924.056(1)(a); or
240	(b)  Upon notification by the state attorney or the
241	Attorney General that:
242	1.  Thirty days have elapsed since appointment of the
243	capital collateral regional counsel and no entry of appearance
244	has been filed pursuant to s. 924.056; or
245	2.  A person under sentence of death who was previously
246	represented by private counsel is currently unrepresented in a
247	postconviction capital collateral proceeding,
248
249	the executive director shall immediately notify the trial court
250	that imposed the sentence of death that the court must
251	immediately appoint an attorney, selected from the current
252	registry, to represent such person in collateral actions
253	challenging the legality of the judgment and sentence in the
254	appropriate state and federal courts. The court shall have the
255	authority to strike a notice of appearance filed by a Capital
256	Collateral Regional Counsel, if the court finds the notice was
257	not filed in good faith and may so notify the executive director
258	that the client is no longer represented by the Office of
259	Capital Collateral Regional Counsel. In making an assignment,
260	the court shall give priority to attorneys whose experience and
261	abilities in criminal law, especially in capital proceedings,
262	are known by the court to be commensurate with the
263	responsibility of representing a person sentenced to death. The
264	trial court must issue an order of appointment which contains
265	specific findings that the appointed counsel meets the statutory
266	requirements and has the high ethical standards necessary to
267	represent a person sentenced to death.
268	(6)  More than one attorney may not be appointed and
269	compensated at any one time under s. 27.711 to represent a
270	person in postconviction capital collateral proceedings.
271	However, an attorney appointed under this section may designate
272	another attorney to assist him or her if the designated attorney
273	meets the qualifications of this section.
274	Section 7.  Subsections (3) and (13) of section 27.711,
275	Florida Statutes, are reenacted to read:
276	27.711  Terms and conditions of appointment of attorneys as
277	counsel in postconviction capital collateral proceedings.--
278	(3)  An attorney appointed to represent a capital defendant
279	is entitled to payment of the fees set forth in this section
280	only upon full performance by the attorney of the duties
281	specified in this section and approval of payment by the trial
282	court, and the submission of a payment request by the attorney,
283	subject to the availability of sufficient funding specifically
284	appropriated for this purpose. An attorney may not be
285	compensated under this section for work performed by the
286	attorney before July 1, 2003, while employed by the northern
287	regional office of the capital collateral counsel. The Chief
288	Financial Officer shall notify the executive director and the
289	court if it appears that sufficient funding has not been
290	specifically appropriated for this purpose to pay any fees which
291	may be incurred. The attorney shall maintain appropriate
292	documentation, including a current and detailed hourly
293	accounting of time spent representing the capital defendant. The
294	fee and payment schedule in this section is the exclusive means
295	of compensating a court-appointed attorney who represents a
296	capital defendant. When appropriate, a court-appointed attorney
297	must seek further compensation from the Federal Government, as
298	provided in 18 U.S.C. s. 3006A or other federal law, in habeas
299	corpus litigation in the federal courts.
300	(13)  Prior to the filing of a motion for order approving
301	payment of attorney's fees, costs, or related expenses, the
302	assigned counsel shall deliver a copy of his intended billing,
303	together with supporting affidavits and all other necessary
304	documentation, to the Chief Financial Officer's named contract
305	manager. The contract manager shall have 10 business days from
306	receipt to review the billings, affidavit, and documentation for
307	completeness and compliance with contractual and statutory
308	requirements. If the contract manager objects to any portion of
309	the proposed billing, the objection and reasons therefor shall
310	be communicated to the assigned counsel. The assigned counsel
311	may thereafter file his or her motion for order approving
312	payment of attorney's fees, costs, or related expenses together
313	with supporting affidavits and all other necessary
314	documentation. The motion must specify whether the Chief
315	Financial Officer's contract manager objects to any portion of
316	the billing or the sufficiency of documentation and, if so, the
317	reason therefor. A copy of the motion and attachments shall be
318	served on the Chief Financial Officer's contract manager, who
319	shall have standing to file pleadings and appear before the
320	court to contest any motion for order approving payment. The
321	fact that the Chief Financial Officer's contract manager has not
322	objected to any portion of the billing or to the sufficiency of
323	the documentation is not binding on the court, which retains
324	primary authority and responsibility for determining the
325	reasonableness of all billings for fees, costs, and related
326	expenses, subject to statutory limitations.
327	Section 8.  Paragraph (d) of subsection (3) of section
328	119.011, Florida Statutes, is amended to read:
329	119.011  Definitions.--As used in this chapter, the term:
330	(3)
331	(d)  The word "active" shall have the following meaning:
332	1.  Criminal intelligence information shall be considered
333	"active" as long as it is related to intelligence gathering
334	conducted with a reasonable, good faith belief that it will lead
335	to detection of ongoing or reasonably anticipated criminal
336	activities.
337	2.  Criminal investigative information shall be considered
338	"active" as long as it is related to an ongoing investigation
339	which is continuing with a reasonable, good faith anticipation
340	of securing an arrest or prosecution in the foreseeable future.
341
342	Except as provided in this paragraph In addition, criminal
343	intelligence and criminal investigative information shall be
344	considered "active" while such information is directly related
345	to pending prosecutions or appeals. With respect to capital
346	cases in which the defendant has been sentenced to death, upon
347	the imposition of the death sentence criminal intelligence and
348	criminal investigative information shall be considered to be not
349	"active." The word "active" shall not apply to information in
350	cases which are barred from prosecution under the provisions of
351	s. 775.15 or other statute of limitation.
352	Section 9.  Section 27.7081, Florida Statutes, is reenacted
353	and amended to read:
354	27.7081  Capital postconviction public records
355	production.--
356	(1)  As used in this section, the term "trial court" means:
357	(a)  The judge who entered the judgment and imposed the
358	sentence of death; or
359	(b)  If a motion for postconviction relief in a capital
360	case has been filed and a different judge has already been
361	assigned to that motion, the judge who is assigned to rule on
362	that motion.
363	(2)  The Secretary of State shall establish and maintain a
364	records repository for the purpose of archiving capital
365	postconviction public records as provided for in this section.
366	(3)(a)  Upon imposition of a death sentence or upon the
367	effective date of this act with respect to any case in which a
368	death sentence has been imposed but the mandate has not yet been
369	issued in an appeal affirming the sentence, the prosecuting
370	attorney shall promptly provide written notification to each law
371	enforcement agency involved in the case and to the Department of
372	Corrections. If available, the written notification must include
373	the defendant's date of birth, sex, race, and police-case
374	numbers included in the prosecuting attorney's case file.
375	(b)  Within 60 days after receipt of notification, each law
376	enforcement agency involved in the case and the prosecuting
377	attorney who prosecuted the case shall copy, seal, and deliver
378	to the repository all public records, except for those filed in
379	the trial court, which were produced in the investigation or
380	prosecution of the case or, if the records are confidential or
381	exempt, to the clerk of the court in the county in which the
382	capital case was tried. Each agency shall bear the costs of its
383	own compliance.
384	(c)  Within 60 days after notification, the Department of
385	Corrections shall copy, seal, and deliver to the repository or,
386	if the records are confidential or exempt, to the clerk of the
387	court in the county in which the capital case was tried all
388	public records determined by the department to be relevant to
389	the subject matter of a capital postconviction claim of the
390	person sentenced to death and where such production would not be
391	unduly burdensome for the department. The department shall bear
392	the costs.
393	(4)(a)  The chief law enforcement officer of each law
394	enforcement agency that was involved in the case, whether
395	through an investigation, arrest, prosecution, or incarceration,
396	shall notify the Attorney General upon compliance with
397	subsection (3) and shall certify that to the best of his or her
398	knowledge and belief all public records in possession of the
399	agency or in possession of any employee of the agency have been
400	copied, indexed, and delivered to the records repository or, if
401	the records are confidential or exempt, to the clerk of the
402	court in the county in which the capital case was tried as
403	required by this section.
404	(b)  The prosecuting attorney who prosecuted the case shall
405	provide written notification to the Attorney General upon
406	compliance with subsection (3) and shall certify that to the
407	best of his or her knowledge and belief all public records in
408	his or her possession have been copied, indexed, and delivered
409	to the records repository or, if the records are confidential or
410	exempt, to the clerk of the court in the county in which the
411	capital case was tried as required by this section.
412	(c)  The Secretary of Corrections shall provide written
413	notification to the Attorney General upon compliance with
414	paragraph (3)(c) and shall certify that to the best of his or
415	her knowledge and belief all public records in the department's
416	possession have been copied, indexed, and delivered to the
417	records repository or, if the records are confidential or
418	exempt, to the clerk of the court in the county in which the
419	capital case was tried as required by this section.
420	(5)(a)  Within 60 days after the imposition of a death
421	sentence or upon the effective date of this act with respect to
422	any case in which a death sentence has been imposed but the
423	mandate has not yet been issued in an appeal affirming the
424	sentence, both the public defender or private counsel for the
425	defendant and the prosecuting attorney involved in the case
426	shall provide written notification to the Attorney General of
427	the name and address of any person or agency in addition to
428	those persons and agencies listed in subsection (3) which may
429	have information pertinent to the case unless previously
430	provided to the capital collateral regional counsel or
431	postconviction private counsel. The Attorney General shall
432	promptly provide written notification to each identified person
433	or agency after receiving the information from the public
434	defender, private counsel for the defendant, or prosecuting
435	attorney and shall request that all public records in the
436	possession of the person or agency which pertain to the case be
437	copied, sealed, and delivered to the records repository.
438	(b)  Within 60 days after receiving a request for public
439	records under paragraph (a), the person or agency shall provide
440	written notification to the Attorney General of compliance with
441	this subsection and shall certify that to the best of his or her
442	knowledge and belief all public records requested have been
443	copied, indexed, and delivered to the records repository or, if
444	the records are confidential or exempt, to the clerk of the
445	court in the county in which the capital case was tried.
446	(6)(a)  Any public record under this section which is
447	confidential or exempt from the requirements of s. 119.07(1) and
448	s. 24(a), Art. I of the State Constitution must be separately
449	boxed, without being redacted, and sealed. The box must be
450	delivered to the clerk of court in the county in which the
451	capital case was tried. The outside of the box must clearly
452	identify the public records as exempt, and the seal may not be
453	broken without an order of the trial court. The outside of the
454	box must identify the nature of the public records and the legal
455	basis under which the public records are exempt.
456	(b)  Such a box may be opened only for an inspection by the
457	trial court in camera and only after notice giving the agency
458	the option to have a representative present at the unsealing by
459	the court.
460	(7)(a)  Within 180 days after a capital collateral regional
461	counsel or private counsel is appointed to represent a defendant
462	sentenced to death, or within 30 days after issuance of the
463	Florida Supreme Court's mandate affirming a death sentence,
464	whichever is later, the regional counsel, private counsel, or
465	other counsel who is a member of The Florida Bar and is
466	authorized by such counsel representing a defendant may send a
467	written demand for additional public records to each person or
468	agency submitting public records under subsection (3) and to
469	each person or agency identified as having information pertinent
470	to the case under subsection (5). Should the written demand
471	include requests for records associated with particular named
472	individuals, the written demand shall also include a brief
473	statement describing each named person's role in the case and
474	relationship to the defendant. Race, sex, and date of birth
475	shall also be included in the demand if the public defender,
476	private counsel, or capital collateral regional counsel has such
477	information. Each person or agency notified under this
478	subsection shall, within 60 days after receipt of the written
479	demand, deliver to the records repository or, if the records are
480	confidential or exempt, to the clerk of the court in the county
481	in which the capital case was tried any additional public
482	records in the possession of the person or agency which pertain
483	to the case and shall certify that to the best of his or her
484	knowledge and belief all additional public records have been
485	delivered or, if no additional public records are found, shall
486	recertify that the public records previously delivered are
487	complete.
488	(b)  Within 25 days after receiving the written demand, the
489	agency or person may file an objection in the trial court
490	alleging that the request is overly broad or unduly burdensome.
491	Within 30 days after the filing of an objection, the trial court
492	shall hold a hearing and order an agency or person to produce
493	additional public records if it finds each of the following:
494	1.  The regional counsel or private counsel has made a
495	timely and diligent search as provided in this section.
496	2.  The regional or private counsel's written demand
497	identifies, with specificity, those additional public records
498	that are not at the repository.
499	3.  The additional public records sought are relevant to
500	the subject matter of a capital postconviction relief or appear
501	reasonably calculated to lead to the discovery of admissible
502	evidence in prosecuting such claim.
503	4.  The additional public records request is not overbroad
504	or unduly burdensome.
505	(c)  This statute shall not be a basis for renewing
506	requests that have been initiated previously or for relitigating
507	issues pertaining to production of public records upon which a
508	court has ruled.
509	(d)  If, on June 1, 2006 October 1, 1998, the defendant had
510	a Rule 3.850 motion denied and no Rule 3.850 motion was pending,
511	no additional requests shall be made by capital collateral
512	regional counsel or contracted private counsel until a death
513	warrant is signed by the Governor and an execution is scheduled.
514	Within 10 days of the signing of the death warrant, capital
515	collateral regional counsel or contracted private counsel may
516	request of a person or agency that the defendant has previously
517	requested to produce records any records previously requested to
518	which no objection was raised or sustained, but which the agency
519	has received or produced since the previous request or which for
520	any reason the agency has in its possession and did not produce
521	within 10 days of the receipt of the previous notice or such
522	shorter time period ordered by the court to comply with the time
523	for the scheduled execution. The person or agency shall produce
524	the record or shall file in the trial court an affidavit stating
525	that it does not have the requested record or that the record
526	has been produced previously.
527	(8)(a)  After production of additional public records or
528	recertification as provided in subsection (7), the regional
529	counsel or the private counsel is prohibited from making any
530	further public records requests under this chapter. An agency is
531	not required to produce additional public records except by
532	court order as provided in this subsection.
533	(b)  In order to obtain additional public records beyond
534	those provided under subsection (7), the regional counsel,
535	private counsel, or other counsel who is a member of The Florida
536	Bar and is authorized by the regional counsel or private counsel
537	shall file an affidavit in the trial court which attests that he
538	or she has made a timely and diligent search of the records
539	repository and specifically identifies those additional public
540	records that are not at the repository and are relevant to the
541	subject matter of a capital postconviction claim or are
542	reasonably calculated to lead to the discovery of admissible
543	evidence in the prosecution of such claim. The affiant shall
544	provide a copy of the affidavit to all affected agencies upon
545	the filing of such affidavit in the trial court.
546	(c)  Within 15 days after the filing of an affidavit, the
547	trial court shall order an agency to produce additional public
548	records only if it finds each of the following:
549	1.  The regional counsel or private counsel has made a
550	timely and diligent search as provided in this section.
551	2.  The regional or private counsel's affidavit identifies,
552	with specificity, those additional public records that are not
553	at the repository.
554	3.  The additional public records sought are relevant to
555	the subject matter of a claim for capital postconviction relief
556	or appear reasonably calculated to lead to the discovery of
557	admissible evidence in prosecuting such claim.
558	4.  The additional public records request is not overbroad
559	or unduly burdensome.
560	(9)  The Secretary of State shall provide the personnel,
561	supplies, and any necessary equipment used by the capital
562	collateral regional counsel or private counsel to copy records
563	held at the records repository.
564	(10)  The trial court shall resolve any dispute that arises
565	under this section, unless the appellate court has exclusive
566	jurisdiction.
567	(11)  The capital collateral regional counsel or private
568	counsel shall not solicit another person to make a request for
569	public records on behalf of the regional counsel or private
570	counsel. The trial court shall impose appropriate sanctions
571	against any regional counsel or private counsel found in
572	violation of this subsection.
573	(12)  Sixty days after a capital sentence is carried out,
574	60 days after a defendant is released from incarceration
575	following the granting of a pardon or reversal of the sentence,
576	or 60 days after the defendant has been resentenced to a term of
577	years, the Attorney General shall provide written notification
578	to the Secretary of State, who may then destroy the records held
579	by the records repository which pertain to that case.
580	(13)  This section pertains only to the production of
581	records for capital postconviction defendants and does not
582	change or alter any time limitations provided by law governing
583	capital postconviction claims and actions. Furthermore, this
584	section does not affect, expand, or limit the production of
585	public records for any purposes other than use in a capital
586	postconviction proceeding. Nothing in this section constitutes
587	grounds to expand the time limitations or allow any pleading in
588	violation of chapter 924 or to stay an execution or death
589	warrant.
590	Section 10.  Section 922.095, Florida Statutes, is
591	reenacted to read:
592	922.095  Grounds for death warrant; limitations of
593	actions.--A person who is convicted and sentenced to death must
594	pursue all possible collateral remedies within the time limits
595	provided by statute. Failure to seek relief within the statutory
596	time limits constitutes grounds for issuance of a death warrant
597	under s. 922.052 or s. 922.14. Any claim not pursued within the
598	statutory time limits is barred. No claim filed after the time
599	required by law shall be grounds for a judicial stay of any
600	warrant.
601	Section 11.  Section 922.108, Florida Statutes, is
602	reenacted to read:
603	922.108  Sentencing orders in capital cases.--The sentence
604	of death must not specify any particular method of execution.
605	The wording or form of the sentencing order shall not be grounds
606	for reversal of any sentence.
607	Section 12.  Section 924.055, Florida Statutes, is
608	reenacted to read:
609	924.055  Postconviction review in capital cases;
610	legislative findings and intent.--
611	(1)  It is the intent of the Legislature to reduce delays
612	in capital cases and to ensure that all appeals and
613	postconviction actions in capital cases are resolved within 5
614	years after the date a sentence of death is imposed in the
615	circuit court. All capital postconviction actions must be filed
616	as early as possible after the imposition of a sentence of death
617	which may be during a direct appeal of the conviction and
618	sentence. A person sentenced to death or that person's capital
619	postconviction counsel must file any postconviction legal action
620	in compliance with the statutes of limitation established in s.
621	924.056 and elsewhere in this chapter. Except as expressly
622	allowed by s. 924.056(5), a person sentenced to death or that
623	person's capital postconviction counsel may not file more than
624	one postconviction action in a sentencing court and one appeal
625	therefrom to the Florida Supreme Court, unless authorized by
626	law.
627	(2)  It is the further intent of the Legislature that no
628	state resources be expended in violation of this act. In the
629	event that any state employee or party contracting with the
630	state violates the provisions of this act, the Attorney General
631	shall deliver to the Speaker of the House of Representatives and
632	the President of the Senate a copy of any court pleading or
633	order that describes or adjudicates a violation.
634	Section 13.  Section 924.056, Florida Statutes, is
635	reenacted and amended to read:
636	924.056  Commencement of capital postconviction actions for
637	which sentence of death is imposed on or after July 1, 2009
638	January 14, 2000; limitations on actions.--
639	(1)  In every capital case in which the trial court imposes
640	a sentence of death on or after July 1, 2009 the effective date
641	of this act, this section shall govern all postconviction
642	proceedings in state court.
643	(a)  Within 15 days after imposing a sentence of death, the
644	sentencing court shall appoint the appropriate office of the
645	capital collateral regional counsel or private postconviction
646	counsel, unless the defendant declines to accept postconviction
647	legal representation in which case the state shall not provide
648	postconviction legal representation. Within 30 days after the
649	appointment, the capital collateral regional counsel shall file
650	a notice of appearance in the trial court or a motion to
651	withdraw based on a conflict of interest or for good cause. The
652	court shall appoint private counsel pursuant to part IV of
653	chapter 27 in any case in which the capital collateral regional
654	counsel files a motion to withdraw, or otherwise informs the
655	court that the capital collateral regional counsel cannot comply
656	with the provisions of chapter 924 or in which the court
657	determines that the agency cannot comply with chapter 924 or
658	other applicable laws.
659	(b)  The defendant who accepts the appointment of
660	postconviction counsel must cooperate with and assist
661	postconviction counsel. If the sentencing court finds the
662	defendant is obstructing the postconviction process, the
663	defendant shall not be entitled to any further postconviction
664	legal representation provided by the state. Each attorney
665	participating in a capital case on behalf of a defendant must
666	provide all information pertaining to the capital case which the
667	attorney obtained during the representation of that defendant to
668	that defendant's capital postconviction counsel. Postconviction
669	counsel must maintain the confidentiality of any confidential
670	information received from any attorney for that defendant and is
671	subject to the same penalties as the providing attorney for
672	violating confidentiality. If the defendant requests without
673	good cause that any attorney appointed under this subsection be
674	removed or replaced, the court shall notify the defendant that
675	no further state resources may be expended for postconviction
676	representation for that defendant, unless the defendant
677	withdraws the request to remove or replace postconviction
678	counsel. If the defendant does not immediately withdraw his or
679	her request, then any appointed attorney must be removed from
680	the case and no further state resources may be expended for the
681	defendant's postconviction representation. The prosecuting
682	attorney and the defendant's trial counsel shall provide the
683	defendant or, if represented, the defendant's capital
684	postconviction counsel with copies of all pretrial and trial
685	discovery and all contents of the prosecuting attorney's file,
686	except for information that the prosecuting attorney has a legal
687	right under state or federal law to withhold from disclosure.
688	(2)  The clerk of the court shall provide a copy of the
689	record on appeal to the capital postconviction attorney and the
690	state attorney and Attorney General within 60 days after the
691	sentencing court appoints postconviction counsel. However, the
692	court may grant an extension of up to 30 days when extraordinary
693	circumstances exist.
694	(3)(a)  With respect to all capital postconviction actions
695	commenced after July 1, 2009 the effective date of this act, a
696	capital postconviction action is not commenced until the
697	defendant or the defendant's postconviction counsel files a
698	fully pled postconviction action in the sentencing court or, as
699	provided in subsection (4), the Florida Supreme Court. For the
700	purposes of this subsection, a fully pled capital postconviction
701	action is one which complies with s. 924.058(2) or any
702	superseding rule adopted by the Florida Supreme Court. Except as
703	provided by subsection (4) or subsection (5), all capital
704	postconviction actions shall be barred unless they are commenced
705	within 180 days after the filing of the appellant's initial
706	brief in the Florida Supreme Court on direct appeal of the
707	defendant's capital conviction and sentence. The fully pled
708	postconviction action must raise all cognizable claims that the
709	defendant's judgment or sentence was entered in violation of the
710	Constitution or laws of the United States or the Constitution or
711	the laws of the state, including any claim of ineffective
712	assistance of trial counsel, allegations of innocence, or that
713	the state withheld evidence favorable to the defendant. No claim
714	may be considered in such action which could have or should have
715	been raised before trial, at trial, or if preserved on direct
716	appeal. For the purposes of this subsection, a capital
717	postconviction action is not fully pled unless it satisfies the
718	requirements of s. 924.058(2) or any superseding rule of court.
719	(b)  No claim of ineffective assistance of collateral
720	postconviction counsel may be raised in a state court.
721	(c)  The pendency of public records requests or litigation,
722	or the pendency of other litigation, or the failure of the
723	defendant or the defendant's postconviction counsel to timely
724	prosecute a case shall not constitute cause for the court to
725	grant any request for an extension of time or other delay. No
726	appeal may be taken from a court's ruling denying such a request
727	for an extension of time or other delay.
728	(d)  The time for commencement of the postconviction action
729	may not be tolled for any reason or cause. All claims raised by
730	amendment of a defendant's capital postconviction action are
731	barred if the claims are raised outside the time limitations
732	provided by statute for the filing of capital postconviction
733	actions.
734	(4)  All capital postconviction actions raising any claim
735	of ineffective assistance of direct appeal counsel are barred
736	unless they are commenced in conformity with this subsection.
737	The defendant or the defendant's capital postconviction counsel
738	shall file an action in the Florida Supreme Court raising any
739	claim of ineffective assistance of direct appeal counsel within
740	45 days after mandate issues affirming the death sentence in the
741	direct appeal.
742	(5)  Regardless of when a sentence is imposed, all
743	successive capital postconviction actions are barred unless
744	commenced by filing a fully pled postconviction action within 90
745	days after the facts giving rise to the cause of action were
746	discovered or should have been discovered with the exercise of
747	due diligence. Such claim shall be barred pursuant to subsection
748	(3) or s. 924.057 unless the facts underlying the claim, if
749	proven and viewed in light of the evidence as a whole, would be
750	sufficient to establish by clear and convincing evidence that,
751	but for constitutional error, no reasonable fact finder would
752	have found the defendant guilty of the underlying offense.
753	Additionally, the facts underlying this claim must have been
754	unknown to the defendant or his or her attorney and must be such
755	that they could not have been ascertained by the exercise of due
756	diligence prior to filing the earlier postconviction motion. The
757	time period allowed for filing a successive collateral
758	postconviction action shall not be grounds for a stay.
759	Section 14.  Section 924.057, Florida Statutes, is
760	reenacted and amended to read:
761	924.057  Limitation on postconviction cases in which the
762	death sentence was imposed before July 1, 2009 January 14,
763	2000.--This section shall govern all capital postconviction
764	actions in cases in which the trial court imposed the sentence
765	of death before July 1, 2009 the effective date of this act.
766	(1)  Nothing in this act shall expand any right or time
767	period allowed for the prosecution of capital postconviction
768	claims in any case in which a postconviction action was
769	commenced or should have been commenced prior to the effective
770	date of this act.
771	(2)  Except as provided in s. 924.056(5), in every case in
772	which mandate has issued in the Florida Supreme Court concluding
773	at least one capital postconviction action in the state court
774	system, a successive capital postconviction action shall be
775	barred on July 1, 2009 the effective date of this act, unless
776	the rules or law in effect immediately prior to July 1, 2009 the
777	effective date of this act permitted the successive
778	postconviction action, in which case the action shall be barred
779	on the date provided in subsection (4).
780	(3)  All capital postconviction actions pending on the
781	effective date of this act shall be barred, and shall be
782	dismissed with prejudice, unless fully pled in substantial
783	compliance with s. 924.058, or with any pending superseding
784	order or rule, on or before:
785	(a)  The time in which the action would be barred by this
786	section if the action had not begun prior to July 1, 2009 the
787	effective date of this act, or
788	(b)  Any earlier date provided by the rules or law, or
789	court order, in effect immediately prior to July 1, 2009 the
790	effective date of this act.
791	(4)  In every capital case in which the trial court imposed
792	the sentence of death before July 1, 2009 the effective date of
793	this act, a capital postconviction action shall be barred unless
794	it is commenced on or before July 1, 2010 January 8, 2001, or
795	any earlier date provided by the rule or law in effect
796	immediately prior to July 1, 2009 the effective date of this
797	act.
798	Section 15.  Section 924.058, Florida Statutes, is
799	reenacted and amended to read:
800	924.058  Capital postconviction claims.--This section shall
801	regulate the procedures in actions for capital postconviction
802	relief commencing after July 1, 2009 the effective date of this
803	act unless and until such procedures are revised by rule or
804	rules adopted by the Florida Supreme Court which specifically
805	reference this section.
806	(1)  The defendant or the defendant's capital
807	postconviction counsel shall not file more than one capital
808	postconviction action in the sentencing court, one appeal
809	therefrom in the Florida Supreme Court, and one original capital
810	postconviction action alleging the ineffectiveness of direct
811	appeal counsel in the Florida Supreme Court, except as expressly
812	allowed by s. 924.056(5).
813	(2)  The defendant's postconviction action shall be filed
814	under oath and shall be fully pled to include:
815	(a)  The judgment or sentence under attack and the court
816	which rendered the same;
817	(b)  A statement of each issue raised on appeal and the
818	disposition thereof;
819	(c)  Whether a previous postconviction action has been
820	filed and, if so, the disposition of all previous claims raised
821	in postconviction litigation; if a previous action or actions
822	have been filed, the reason or reasons the claim or claims in
823	the present motion were not raised in the former action or
824	actions;
825	(d)  The nature of the relief sought;
826	(e)  A fully detailed allegation of the factual basis for
827	any claim of legal or constitutional error asserted, including
828	the attachment of any document supporting the claim, the name
829	and address of any witness, the attachment of affidavits of the
830	witnesses or a proffer of the testimony; and
831	(f)  A concise memorandum of applicable case law as to each
832	claim asserted.
833	(3)  Any capital postconviction action that does not comply
834	with any requirement in this section or other applicable
835	provision in law shall not be considered in any state court. No
836	amendment of a defendant's capital postconviction action shall
837	be allowed by the court after the expiration of the time
838	limitation provided by statute for the commencement of capital
839	postconviction actions.
840	(4)  The prosecuting attorney or Attorney General shall be
841	allowed to file one response to any capital postconviction
842	action within 60 days after receipt of the defendant's fully
843	pled capital postconviction action.
844	Section 16.  Section 924.059, Florida Statutes, is
845	reenacted and amended to read:
846	924.059  Time limitations and judicial review in capital
847	postconviction actions.--This section shall regulate the
848	procedures in actions for capital postconviction relief
849	commencing after July 1, 2009 the effective date of this act
850	unless and until such procedures are revised by rule or rules
851	adopted by the Florida Supreme Court which specifically
852	reference this section.
853	(1)  No amendment of a defendant's capital postconviction
854	action shall be allowed by the court after the expiration of the
855	time periods provided by statute for the filing of capital
856	postconviction claims.
857	(2)  Within 30 days after the state files its answer, the
858	sentencing court shall conduct a hearing to determine if an
859	evidentiary hearing is required, if a hearing has been requested
860	by the defendant or the defendant's capital postconviction
861	counsel. Within 30 days thereafter, the court shall rule whether
862	an evidentiary hearing is required and, if so, shall schedule an
863	evidentiary hearing to be held within 90 days. If the court
864	determines that the defendant's capital postconviction action is
865	legally insufficient or the action, files, and records in the
866	case show that the defendant is not entitled to relief, the
867	court shall, within 45 days thereafter, deny the action, setting
868	forth a detailed rationale therefore, and attaching or
869	referencing such portions of the record as are necessary to
870	allow for meaningful appellate review.
871	(3)  Within 10 days after the order scheduling an
872	evidentiary hearing, the defendant or the defendant's capital
873	postconviction counsel shall disclose the names and addresses of
874	any potential witnesses not previously disclosed, with their
875	affidavits or a proffer of their testimony. Upon receipt of the
876	defendant's disclosure, the state shall have 10 days within
877	which to provide reciprocal disclosure. If the defendant intends
878	to offer expert testimony of his or her mental status, the state
879	shall be entitled to have the defendant examined by an expert of
880	its choosing. All of the defendant's mental status claims shall
881	be deemed denied as a matter of law if the defendant fails to
882	cooperate with the state's expert. Reports provided by expert
883	witnesses shall be disclosed by opposing counsel upon receipt.
884	(4)  Following the evidentiary hearing, the court shall
885	order the transcription of the proceeding which shall be filed
886	within 30 days. Within 30 days after receipt of the transcript,
887	the sentencing court shall issue a final order granting or
888	denying postconviction relief, making detailed findings of fact
889	and conclusions of law with respect to any allegation asserted.
890	(5)  An appeal may be taken to the Supreme Court of Florida
891	within 15 days from the entry of a final order on a capital
892	postconviction action. No interlocutory appeal shall be
893	permitted. No motion for rehearing shall be permitted. The clerk
894	of the court shall promptly serve upon all parties a copy of the
895	final order.
896	(6)  If the sentencing court has denied the capital
897	postconviction action without an evidentiary hearing, the appeal
898	to the Florida Supreme Court will be expeditiously resolved in a
899	summary fashion. On appeal, the case shall be initially reviewed
900	for a determination whether the sentencing court correctly
901	resolved the defendant's claims without an evidentiary hearing.
902	If the Florida Supreme Court determines an evidentiary hearing
903	should have been held, the decision to remand for an evidentiary
904	hearing may be made by an order without an opinion. Jurisdiction
905	shall be relinquished to the trial court for a specified period,
906	which must be scheduled within 30 days and must be concluded
907	within 90 days, for the purpose of conducting an evidentiary
908	hearing on any issue identified by the Florida Supreme Court's
909	order. Thereafter, the record shall be supplemented with the
910	hearing transcript.
911	(7)  The Florida Supreme Court shall render its decision
912	within 180 days after receipt of the record on appeal. If a
913	denial of an action for postconviction relief is affirmed, the
914	Governor may proceed to issue a warrant for execution.
915	(8)  A capital postconviction action filed in violation of
916	the time limitations provided by statute is barred, and all
917	claims raised therein are waived. A state court shall not
918	consider any capital postconviction action filed in violation of
919	s. 924.056 or s. 924.057. The Attorney General shall deliver to
920	the Governor, the President of the Senate, and the Speaker of
921	the House of Representatives a copy of any pleading or order
922	that alleges or adjudicates any violation of this provision.
923	Section 17.  Section 924.395, Florida Statutes, is
924	reenacted to read:
925	924.395  Sanctions.--
926	(1)  The Legislature strongly encourages the courts,
927	through their inherent powers and pursuant to this section, to
928	impose sanctions against any person within the court's
929	jurisdiction who is found by a court, in a capital
930	postconviction proceeding or appeal therefrom, to have:
931	(a)  Abused a petition for extraordinary relief,
932	postconviction motion, or appeal therefrom;
933	(b)  Raised a claim that a court has found to be frivolous
934	or procedurally barred or that should have been raised on the
935	direct appeal;
936	(c)  Improperly withheld evidence or testimony; or
937	(d)  Adversely affected the orderly administration of
938	justice.
939	(2)  Sanctions the court may and should consider, when
940	applicable and appropriate in a case, include, but are not
941	limited to:
942	(a)  Dismissal of a pleading;
943	(b)  Disciplinary sanctions;
944	(c)  A fine; and
945	(d)  Any other sanction that is available to the court
946	under its inherent powers.
947	Section 18.  Rule 3.850, Florida Rules of Criminal
948	Procedure, is repealed to the extent inconsistent with this act.
949	Rule 3.851, Florida Rules of Criminal Procedure, is repealed to
950	the extent inconsistent with this act. Rule 3.852, Florida Rules
951	of Criminal Procedure, is repealed.
952	Section 19.  If any provision of this act or the
953	application thereof to any person or circumstance is held
954	invalid, the invalidity does not affect other provisions or
955	applications of the act which can be given effect without the
956	invalid provision or application, and to this end the provisions
957	of this act are declared severable.
958	Section 20.  This act shall take effect on the effective
959	date of House Joint Resolution 1479, proposing an amendment to
960	Section 2 of Article V of the State Constitution, or a similar
961	constitutional amendment, relating to rules of court procedure
962	and practice.

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