Florida Senate - 2013                             CS for SB 1750
       
       
       
       By the Committee on Appropriations; and Senator Negron
       
       
       
       
       576-04673-13                                          20131750c1
    1                        A bill to be entitled                      
    2         An act relating to the death penalty; providing a
    3         short title; amending s. 27.40, F.S.; requiring the
    4         court to appoint the capital collateral regional
    5         counsel to represent persons convicted and sentenced
    6         to death in clemency proceedings; amending s. 27.51,
    7         F.S.; removing the court’s authority to appoint a
    8         public defender to represent a person convicted and
    9         sentenced to death in clemency proceedings; amending
   10         s. 27.511, F.S., removing the court’s authority to
   11         appoint the office of criminal conflict and civil
   12         regional counsel to represent a person convicted and
   13         sentenced to death in clemency proceedings; amending
   14         s. 27.5303, F.S., removing the court’s authority to
   15         appoint a public defender to represent an indigent
   16         person convicted and sentenced to death in clemency
   17         proceedings; amending s. 27.5304, F.S.; requiring
   18         funds used to compensate court-appointed attorneys who
   19         represent a person convicted and sentenced to death in
   20         clemency proceedings to be paid by the Justice
   21         Administrative Commission rather than the Department
   22         of Corrections; amending s. 27.7001, F.S.; removing
   23         legislative intent language indicating that collateral
   24         representation of persons convicted and sentenced to
   25         death should not include representation during
   26         clemency proceedings; repealing s. 27.701(2), F.S.,
   27         relating to a pilot project using registry attorneys
   28         to provide capital collateral counsel services in the
   29         northern region of the Capital Collateral Regional
   30         Counsel; amending s. 27.702, F.S., authorizing the
   31         capital collateral regional counsel to represent
   32         persons convicted and sentenced to death in clemency
   33         proceedings; removing language requiring the capital
   34         collateral regional counsel to only file
   35         postconviction actions authorized by statute; amending
   36         s. 27.703, F.S.; prohibiting the capital collateral
   37         regional counsel and replacement regional counsel from
   38         accepting an appointment or taking and action that
   39         creates an actual conflict of interest; describing
   40         actual conflict of interest; amending s. 27.7045,
   41         F.S.; prohibiting an attorney from representing a
   42         person charged with a capital offense in specified
   43         proceedings for five years if in two separate
   44         instances a court, in a capital postconviction
   45         proceeding, determined that the attorney provided
   46         constitutionally deficient representation and relief
   47         was granted; amending s. 27.7081, F.S.; providing
   48         definitions; establishing procedures for public
   49         records production in postconviction capital cases
   50         proceedings; amending s. 27.710, F.S.; requiring
   51         private registry attorneys appointed by the court to
   52         represent persons in postconviction capital
   53         proceedings to meet certain criteria; requiring
   54         private registry attorneys appointed by the court to
   55         represent persons in postconviction capital
   56         proceedings to contract with the Justice
   57         Administrative Commission rather than the Chief
   58         Financial Officer; specifying that the Justice
   59         Administrative Commission is the contract manager and
   60         requiring the Justice Administrative Commission to
   61         approve uniform contract forms and procedures;
   62         amending s. 27.711, F.S.; replacing references to the
   63         “Chief Financial Officer” with “Justice Administrative
   64         Commission” for purposes of paying private registry
   65         attorneys appointed by the court to represent persons
   66         in postconviction capital proceedings; permitting
   67         private registry attorneys appointed by the court to
   68         represent persons in postconviction capital
   69         proceedings to represent no more than ten, rather than
   70         five, defendants in capital postconviction litigation
   71         at any one time; amending s. 922.052, F.S.; requiring
   72         the sheriff to send a copy of the conviction and
   73         sentence to the Governor and the clerk of the Florida
   74         Supreme Court; directing the clerk to inform the
   75         Governor in writing certifying that a person convicted
   76         and sentenced to death has completed the applicable
   77         proceedings or has allowed the time permitted for
   78         filing a habeas corpus petition in federal court to
   79         expire; requiring the Governor to issue a warrant of
   80         execution within a specified period of time; amending
   81         s. 924.055, F.S.; removing obsolete language requiring
   82         capital postconviction motions to be filed in
   83         accordance with statute; requiring capital
   84         postconviction motions to be filed in accordance with
   85         the Florida Rules of Criminal Procedure; amending s.
   86         924.056, F.S.; requiring the Florida Supreme Court to
   87         annually report certain information regarding capital
   88         postconviction cases to the Legislature; requiring
   89         courts to report specified findings of ineffective
   90         assistance of counsel to The Florida Bar; amending s.
   91         924.057, F.S.; creating legislative intent regarding
   92         postconviction proceedings in capital cases; creating
   93         s. 940.031, F.S.; requiring the Governor and Cabinet,
   94         sitting as the Board of Executive Clemency, to appoint
   95         counsel to represent a person sentenced to death for
   96         relief by executive clemency; providing for a
   97         limitation on attorney fees and costs; requiring the
   98         Board to maintain a list of counsel available for
   99         appointment;; repealing sections 924.058, 924.059, and
  100         924.395, F.S.; relating to postconviction capital case
  101         proceedings; providing for severability; providing an
  102         effective date.
  103  
  104  
  105  Be It Enacted by the Legislature of the State of Florida:
  106  
  107         Section 1. This act may be cited as the “Timely Justice Act
  108  of 2013.”
  109         Section 2. Subsection (1) of section 27.40, Florida
  110  Statutes, is amended to read:
  111         27.40 Court-appointed counsel; circuit registries; minimum
  112  requirements; appointment by court.—
  113         (1) Counsel shall be appointed to represent any individual
  114  in a criminal or civil proceeding entitled to court-appointed
  115  counsel under the Federal or State Constitution or as authorized
  116  by general law. The court shall appoint a public defender to
  117  represent indigent persons as authorized in s. 27.51. The office
  118  of criminal conflict and civil regional counsel shall be
  119  appointed to represent persons in those cases in which provision
  120  is made for court-appointed counsel but the public defender is
  121  unable to provide representation due to a conflict of interest
  122  or is not authorized to provide representation. Capital
  123  collateral regional counsel shall be appointed to represent
  124  persons as provided in s. 27.702.
  125         Section 3. Paragraph (a) of subsection (5) of section
  126  27.51, Florida Statutes, is amended to read:
  127         27.51 Duties of public defender.—
  128         (5)(a) When direct appellate proceedings prosecuted by a
  129  public defender on behalf of an accused and challenging a
  130  judgment of conviction and sentence of death terminate in an
  131  affirmance of such conviction and sentence, whether by the
  132  Florida Supreme Court or by the United States Supreme Court or
  133  by expiration of any deadline for filing such appeal in a state
  134  or federal court, the public defender shall notify the accused
  135  of his or her rights pursuant to Rule 3.850, Florida Rules of
  136  Criminal Procedure, including any time limits pertinent thereto,
  137  and shall advise such person that representation in any
  138  collateral proceedings is the responsibility of the capital
  139  collateral regional counsel. The public defender shall then
  140  forward all original files on the matter to the capital
  141  collateral regional counsel, retaining such copies for his or
  142  her files as may be desired. However, the trial court shall
  143  retain the power to appoint the public defender or other
  144  attorney not employed by the capital collateral regional counsel
  145  to represent such person in proceedings for relief by executive
  146  clemency pursuant to ss. 27.40 and 27.5303.
  147         Section 4. Subsection (9) of section 27.511, Florida
  148  Statutes, is amended to read:
  149         27.511 Offices of criminal conflict and civil regional
  150  counsel; legislative intent; qualifications; appointment;
  151  duties.—
  152         (9) When direct appellate proceedings prosecuted by the
  153  office of criminal conflict and civil regional counsel on behalf
  154  of an accused and challenging a judgment of conviction and
  155  sentence of death terminate in an affirmance of such conviction
  156  and sentence, whether by the Supreme Court or by the United
  157  States Supreme Court or by expiration of any deadline for filing
  158  such appeal in a state or federal court, the office of criminal
  159  conflict and civil regional counsel shall notify the accused of
  160  his or her rights pursuant to Rule 3.850, Florida Rules of
  161  Criminal Procedure, including any time limits pertinent thereto,
  162  and shall advise such person that representation in any
  163  collateral proceedings is the responsibility of the capital
  164  collateral regional counsel. The office of criminal conflict and
  165  civil regional counsel shall forward all original files on the
  166  matter to the capital collateral regional counsel, retaining
  167  such copies for his or her files as may be desired or required
  168  by law. However, the trial court shall retain the power to
  169  appoint the office of criminal conflict and civil regional
  170  counsel or other attorney not employed by the capital collateral
  171  regional counsel to represent such person in proceedings for
  172  relief by executive clemency pursuant to ss. 27.40 and 27.5303.
  173         Section 5. Subsection (4) of section 27.5303, Florida
  174  Statutes, is amended to read:
  175         27.5303 Public defenders; criminal conflict and civil
  176  regional counsel; conflict of interest.—
  177         (4)(a) If a defendant is convicted and the death sentence
  178  is imposed, the appointed attorney shall continue representation
  179  through appeal to the Supreme Court. The attorney shall be
  180  compensated as provided in s. 27.5304. If the attorney first
  181  appointed is unable to handle the appeal, the court shall
  182  appoint another attorney and that attorney shall be compensated
  183  as provided in s. 27.5304.
  184         (b) The public defender or an attorney appointed pursuant
  185  to this section may be appointed by the court rendering the
  186  judgment imposing the death penalty to represent an indigent
  187  defendant who has applied for executive clemency as relief from
  188  the execution of the judgment imposing the death penalty.
  189         (b)(c) When the appointed attorney in a capital case has
  190  completed the duties imposed by this section, the attorney shall
  191  file a written report in the trial court stating the duties
  192  performed by the attorney and apply for discharge.
  193         Section 6. Paragraph (b) of subsection (5) of section
  194  27.5304, Florida Statutes, is amended to read:
  195         27.5304 Private court-appointed counsel; compensation;
  196  notice.—
  197         (5) The compensation for representation in a criminal
  198  proceeding shall not exceed the following:
  199         (b) If a death sentence is imposed and affirmed on appeal
  200  to the Supreme Court, the appointed attorney shall be allowed
  201  compensation, not to exceed $1,000, for attorney fees and costs
  202  incurred in representing the defendant as to an application for
  203  executive clemency, with compensation to be paid out of general
  204  revenue from funds budgeted to the Justice Administrative
  205  Commission Department of Corrections.
  206         Section 7. Section 27.7001, Florida Statutes, is amended to
  207  read:
  208         27.7001 Legislative intent and findings.—It is the intent
  209  of the Legislature to create part IV of this chapter, consisting
  210  of ss. 27.7001-27.711, inclusive, to provide for the collateral
  211  representation of any person convicted and sentenced to death in
  212  this state, so that collateral legal proceedings to challenge
  213  any Florida capital conviction and sentence may be commenced in
  214  a timely manner and so as to assure the people of this state
  215  that the judgments of its courts may be regarded with the
  216  finality to which they are entitled in the interests of justice.
  217  It is the further intent of the Legislature that collateral
  218  representation shall not include representation during retrials,
  219  resentencings, proceedings commenced under chapter 940, or civil
  220  litigation.
  221         Section 8. Section 27.701, Florida Statutes, is amended to
  222  read:
  223         27.701 Capital collateral regional counsel.—
  224         (1) There are created three regional offices of capital
  225  collateral counsel, which shall be located in a northern,
  226  middle, and southern region of the state. The northern region
  227  shall consist of the First, Second, Third, Fourth, Eighth, and
  228  Fourteenth Judicial Circuits; the middle region shall consist of
  229  the Fifth, Sixth, Seventh, Ninth, Tenth, Twelfth, Thirteenth,
  230  and Eighteenth Judicial Circuits; and the southern region shall
  231  consist of the Eleventh, Fifteenth, Sixteenth, Seventeenth,
  232  Nineteenth, and Twentieth Judicial Circuits. Each regional
  233  office shall be administered by a regional counsel. A regional
  234  counsel must be, and must have been for the preceding 5 years, a
  235  member in good standing of The Florida Bar or a similar
  236  organization in another state. Each capital collateral regional
  237  counsel shall be appointed by the Governor, and is subject to
  238  confirmation by the Senate. The Supreme Court Judicial
  239  Nominating Commission shall recommend to the Governor three
  240  qualified candidates for each appointment as regional counsel.
  241  The Governor shall appoint a regional counsel for each region
  242  from among the recommendations, or, if it is in the best
  243  interest of the fair administration of justice in capital cases,
  244  the Governor may reject the nominations and request submission
  245  of three new nominees by the Supreme Court Judicial Nominating
  246  Commission. Each capital collateral regional counsel shall be
  247  appointed to a term of 3 years. Vacancies in the office of
  248  capital collateral regional counsel shall be filled in the same
  249  manner as appointments. A person appointed as a regional counsel
  250  may not run for or accept appointment to any state office for 2
  251  years following vacation of office.
  252         (2) Notwithstanding the provisions of subsection (1), the
  253  responsibilities of the regional office of capital collateral
  254  counsel for the northern region of the state shall be met
  255  through a pilot program using only attorneys from the registry
  256  of attorneys maintained pursuant to s. 27.710. Each attorney
  257  participating in the pilot must be qualified to provide
  258  representation in federal court. The Auditor General shall
  259  schedule a performance review of the pilot program to determine
  260  the effectiveness and efficiency of using attorneys from the
  261  registry compared to the capital collateral regional counsel.
  262  The review, at a minimum, shall include comparisons of the
  263  timeliness and costs of the pilot and the counsel and shall be
  264  submitted to the President of the Senate and the Speaker of the
  265  House of Representatives by January 30, 2007. The Legislature
  266  may determine whether to convert the pilot program to a
  267  permanent program after receipt of the Auditor General’s review.
  268         Section 9. Subsections (1) and (2) and paragraph (b) of
  269  subsection (4) of section 27.702, Florida Statutes, are amended
  270  to read:
  271         27.702 Duties of the capital collateral regional counsel;
  272  reports.—
  273         (1) The capital collateral regional counsel shall represent
  274  each person convicted and sentenced to death in this state for
  275  the sole purpose of instituting and prosecuting collateral
  276  actions challenging the legality of the judgment and sentence
  277  imposed against such person in the state courts, federal courts
  278  in this state, the United States Court of Appeals for the
  279  Eleventh Circuit, and the United States Supreme Court; and in
  280  proceedings commenced under chapter 940. The capital collateral
  281  regional counsel and the attorneys appointed pursuant to s.
  282  27.710 shall file only those postconviction or collateral
  283  actions authorized by statute. The three capital collateral
  284  regional counsel’s offices shall function independently and be
  285  separate budget entities, and the regional counsel shall be the
  286  office heads for all purposes. The Justice Administrative
  287  Commission shall provide administrative support and service to
  288  the three offices to the extent requested by the regional
  289  counsel. The three regional offices shall not be subject to
  290  control, supervision, or direction by the Justice Administrative
  291  Commission in any manner, including, but not limited to,
  292  personnel, purchasing, transactions involving real or personal
  293  property, and budgetary matters.
  294         (2) The capital collateral regional counsel shall represent
  295  persons convicted and sentenced to death within the region in
  296  collateral postconviction proceedings and proceedings under
  297  chapter 940, unless a court appoints or permits other counsel to
  298  appear as counsel of record.
  299         (4)
  300         (b) Each capital collateral regional counsel and each
  301  attorney participating in the pilot program in the northern
  302  region pursuant to s. 27.701(2) shall provide a quarterly report
  303  to the President of the Senate and the Speaker of the House of
  304  Representatives which details the number of hours worked by
  305  investigators and legal counsel per case and the amounts per
  306  case expended during the preceding quarter in investigating and
  307  litigating capital collateral cases.
  308         Section 10. Section 27.703, Florida Statutes, is amended to
  309  read:
  310         27.703 Conflict of interest and substitute counsel.—
  311         (1) The capital collateral regional counsel shall not
  312  accept an appointment or take any other action that will create
  313  an actual conflict of interest. If, at any time during the
  314  representation of a person, the capital collateral regional
  315  counsel alleges determines that the continued representation of
  316  that person creates an actual conflict of interest, the
  317  sentencing court shall, upon determining that an actual conflict
  318  exists upon application by the regional counsel, designate
  319  another regional counsel. If the replacement regional counsel
  320  alleges that an actual conflict of interest exists, the
  321  sentencing court shall, upon determining that an actual conflict
  322  exists and, only if a conflict exists with the other two
  323  counsel, appoint one or more members of The Florida Bar who
  324  meets the requirements of s. 27.710 and who is not disqualified
  325  pursuant to s. 27.7045 to represent the person one or more of
  326  such persons. An actual conflict of interest exists when an
  327  attorney actively represents conflicting interests. A possible,
  328  speculative, or merely hypothetical conflict is insufficient to
  329  support an allegation that a conflict of interest exists.
  330         (2) Appointed counsel shall be paid from funds appropriated
  331  to the Chief Financial Officer. The hourly rate may not exceed
  332  $100. However, all appointments of private counsel under this
  333  section shall be in accordance with ss. 27.710 and 27.711.
  334         (3) Capital collateral regional Prior to employment,
  335  counsel appointed pursuant to this section must have
  336  participated in at least five felony jury trials, five felony
  337  appeals, or five capital postconviction evidentiary hearings, or
  338  any combination of at least five of such proceedings, and must
  339  not be disqualified pursuant to s. 27.7045.
  340         Section 11. Section 27.7045, Florida Statutes, is created
  341  to read:
  342         27.7045 Capital case proceedings; constitutionally
  343  deficient representation.— Notwithstanding any other provision
  344  of law, an attorney employed by the state of Florida or
  345  appointed pursuant to s. 27.711 may not represent a person
  346  charged with a capital offense at trial or on direct appeal, or
  347  a person sentenced to death in a postconviction proceeding if,
  348  in two separate instances, a court, in a capital postconviction
  349  proceeding, determined that such attorney provided
  350  constitutionally deficient representation and relief was granted
  351  as a result. This prohibition on representation shall be for a
  352  period of five years, which commences at the time relief is
  353  granted after the highest court having jurisdiction to review
  354  the deficient representation determination has issued its final
  355  order affirming the second such determination.
  356         Section 12. Section 27.7081, Florida Statutes, is amended
  357  to read:
  358  (Substantial rewording of section. See
  359  s. 27.7081, F.S., for present text.)
  360         27.7081 Capital postconviction public records production.—
  361         (1) DEFINITIONS.—As used in this section, the term:
  362         (a) “Agency” has the same meaning as provided in s.
  363  119.011.
  364         (b) “Collateral counsel” means a capital collateral
  365  regional counsel from one of the three regions in Florida, a
  366  private attorney who has been appointed to represent a capital
  367  defendant for postconviction litigation, or a private attorney
  368  who has been hired by the capital defendant or who has agreed to
  369  work pro bono for a capital defendant for postconviction
  370  litigation.
  371         (c) “Public records” has the same meaning as provided in s.
  372  119.011.
  373         (d) “Trial court” means:
  374         1. The judge who entered the judgment and imposed the
  375  sentence of death; or
  376         2. If a motion for postconviction relief in a capital case
  377  has been filed and a different judge has already been assigned
  378  to that motion, the judge who is assigned to rule on that
  379  motion.
  380         (2) APPLICABILITY AND SCOPE.—This section only applies to
  381  the production of public records for capital postconviction
  382  defendants and does not change or alter the time periods
  383  specified in Rule 3.851, Florida Rules of Criminal Procedure.
  384  Furthermore, this section does not affect, expand, or limit the
  385  production of public records for any purpose other than use in a
  386  proceeding held pursuant to Rule 3.850 or Rule 3.851, Florida
  387  Rules of Criminal Procedure. This section shall not be a basis
  388  for renewing public records requests that have been initiated
  389  previously or for relitigating issues pertaining to production
  390  of public records upon which a court has ruled before July 1,
  391  2013. Public records requests made in postconviction proceedings
  392  in capital cases in which the conviction and sentence of death
  393  have been affirmed on direct appeal before July 1, 2013, shall
  394  be governed by the rules and laws in effect immediately before
  395  July 1, 2013.
  396         (3) RECORDS REPOSITORY.—The Secretary of State shall
  397  establish and maintain a records repository to archive capital
  398  postconviction public records as provided for in this section.
  399         (4) FILING AND SERVICE.—
  400         (a) The original of all notices, requests, or objections
  401  filed under this section must be filed with the clerk of the
  402  trial court. Copies must be served on the trial court, the
  403  attorney general, the state attorney, collateral counsel, and
  404  any affected person or agency, unless otherwise required by this
  405  section.
  406         (b) Service shall be made pursuant to Rule 3.030, Florida
  407  Rules of Criminal Procedure.
  408         (c) In all instances requiring written notification or
  409  request, the party who has the obligation of providing a
  410  notification or request shall provide proof of receipt.
  411         (d) Persons and agencies receiving postconviction public
  412  records notifications or requests pursuant to this section are
  413  not required to furnish records filed in a trial court before
  414  the receipt of the notice.
  415         (5) ACTION UPON ISSUANCE OF THE MANDATE ON DIRECT APPEAL.—
  416         (a) Within 15 days after receiving written notification of
  417  the Florida Supreme Court’s mandate affirming the sentence of
  418  death, the attorney general shall file with the trial court a
  419  written notice of the mandate and serve a copy of the notice
  420  upon the state attorney who prosecuted the case, the Department
  421  of Corrections, and the defendant’s trial counsel. The notice to
  422  the state attorney shall direct the state attorney to submit
  423  public records to the records repository within 90 days after
  424  receipt of written notification and to notify each law
  425  enforcement agency involved in the investigation of the capital
  426  offense to submit public records to the records repository
  427  within 90 days after receipt of written notification. The notice
  428  to the Department of Corrections shall direct the department to
  429  submit public records to the records repository within 90 days
  430  after receipt of written notification.
  431         (b) Within 90 days after receiving written notification of
  432  issuance of the Florida Supreme Court’s mandate affirming a
  433  death sentence, the state attorney shall provide written
  434  notification to the attorney general of the name and address of
  435  an additional person or agency that has public records pertinent
  436  to the case.
  437         (c) Within 90 days after receiving written notification of
  438  issuance of the Florida Supreme Court’s mandate affirming a
  439  death sentence, the defendant’s trial counsel shall provide
  440  written notification to the attorney general of the name and
  441  address of a person or agency with information pertinent to the
  442  case which has not previously been provided to collateral
  443  counsel.
  444         (d) Within 15 days after receiving written notification of
  445  any additional person or agency pursuant to paragraph (b) or
  446  paragraph (c), the attorney general shall notify all persons or
  447  agencies identified pursuant to paragraph (b) or paragraph (c)
  448  that these persons or agencies are required by law to copy,
  449  index, and deliver to the records repository all public records
  450  pertaining to the case that are in their possession. The person
  451  or agency shall bear the costs related to copying, indexing, and
  452  delivering the records.
  453         (6) ACTION UPON RECEIPT OF NOTICE OF MANDATE.—
  454         (a) Within 15 days after receipt of a written notice of the
  455  mandate from the attorney general, the state attorney shall
  456  provide written notification to each law enforcement agency
  457  involved in the specific case to submit public records to the
  458  records repository within 90 days after receipt of written
  459  notification. A copy of the notice shall be served upon the
  460  defendant’s trial counsel.
  461         (b) Within 90 days after receipt of a written notice of the
  462  mandate from the attorney general, the state attorney shall
  463  copy, index, and deliver to the records repository all public
  464  records that were produced in the state attorney’s investigation
  465  or prosecution of the case. The state attorney shall bear the
  466  costs. The state attorney shall also provide written
  467  notification to the attorney general of compliance with this
  468  section, including certifying that, to the best of the state
  469  attorney’s knowledge or belief, all public records in the state
  470  attorney’s possession have been copied, indexed, and delivered
  471  to the records repository as required by this section.
  472         (c) Within 90 days after receipt of written notification of
  473  the mandate from the attorney general, the Department of
  474  Corrections shall, at its own expense, copy, index, and deliver
  475  to the records repository all public records determined by the
  476  department to be relevant to the subject matter of a proceeding
  477  under Rule 3.851, Florida Rules of Criminal Procedure, unless
  478  such copying, indexing, and delivering would be unduly
  479  burdensome. The secretary of the department shall provide
  480  written notification to the attorney general of compliance with
  481  this paragraph certifying that, to the best of the secretary of
  482  the department’s knowledge or belief, all such public records in
  483  the possession of the secretary of the department have been
  484  copied, indexed, and delivered to the records repository.
  485         (d) Within 90 days after receipt of written notification of
  486  the mandate from the state attorney, a law enforcement agency
  487  shall, at its own expense, copy, index, and deliver to the
  488  records repository all public records that were produced in the
  489  investigation or prosecution of the case. The chief law
  490  enforcement officer of each law enforcement agency shall provide
  491  written notification to the attorney general of compliance with
  492  this paragraph including certifying that, to the best of the
  493  chief law enforcement officer’s knowledge or belief, all such
  494  public records in possession of the agency or in possession of
  495  an employee of the agency, have been copied, indexed, and
  496  delivered to the records repository.
  497         (e) Within 90 days after receipt of written notification of
  498  the mandate from the attorney general, each additional person or
  499  agency identified pursuant to paragraph (5)(b) or paragraph
  500  (5)(c) shall copy, index, and deliver to the records repository
  501  all public records which were produced during the prosecution of
  502  the case. The person or agency shall bear the costs. The person
  503  or agency shall provide written notification to the attorney
  504  general of compliance with this subdivision and shall certify,
  505  to the best of the person or agency’s knowledge and belief, all
  506  such public records in the possession of the person or agency
  507  have been copied, indexed, and delivered to the records
  508  repository.
  509         (7) EXEMPT OR CONFIDENTIAL PUBLIC RECORDS.—
  510         (a) Public records delivered to the records repository
  511  pursuant to this section that are confidential or exempt from
  512  the requirements of s. 119.07(1) or article I, section 24(a), of
  513  the Constitution, must be separately contained, without being
  514  redacted, and sealed. The outside of the container must clearly
  515  identify that the public record is confidential or exempt and
  516  that the seal may not be broken without an order of the trial
  517  court. The outside of the container must identify the nature of
  518  the public records and the legal basis for the exemption.
  519         (b) Upon the entry of an appropriate court order, sealed
  520  containers subject to an inspection by the trial court shall be
  521  shipped to the clerk of court. The containers may be opened only
  522  for inspection by the trial court. The moving party shall bear
  523  all costs associated with the transportation and inspection of
  524  such records by the trial court.
  525         (8) DEMAND FOR ADDITIONAL PUBLIC RECORDS.—
  526         (a) Within 240 days after collateral counsel is appointed,
  527  retained, or appears pro bono, such counsel shall send a written
  528  demand for additional public records to each person or agency
  529  submitting public records or identified as having information
  530  pertinent to the case under subsection (5).
  531         (b) Within 90 days after receipt of the written demand,
  532  each person or agency notified under this subsection shall
  533  deliver to the records repository additional public records in
  534  the possession of the person or agency that pertain to the case
  535  and shall certify to the best of the person or agency’s
  536  knowledge and belief that all additional public records have
  537  been delivered to the records repository or, if no additional
  538  public records are found, shall recertify that the public
  539  records previously delivered are complete.
  540         (c) Within 60 days after receipt of the written demand, a
  541  person or agency may file with the trial court an objection to
  542  the written demand described in paragraph (a). The trial court
  543  may order a person or agency to produce additional public
  544  records if the court determines that:
  545         1. Collateral counsel has made a timely and diligent search
  546  as provided in this section.
  547         2. Collateral counsel’s written demand identifies, with
  548  specificity, those additional public records that are not at the
  549  records repository.
  550         3. The additional public records sought are relevant to the
  551  subject matter of a postconviction proceeding under Rule 3.851,
  552  Florida Rules of Criminal Procedure, or appear reasonably
  553  calculated to lead to the discovery of admissible evidence.
  554         4. The additional public records request is not overly
  555  broad or unduly burdensome.
  556         (9) LIMITATION ON POSTPRODUCTION REQUEST FOR ADDITIONAL
  557  RECORDS.—
  558         (a) In order to obtain public records in addition to those
  559  provided under subsections (6), (7), and (8), collateral counsel
  560  must file an affidavit in the trial court which:
  561         1. Attests that collateral counsel has made a timely and
  562  diligent search of the records repository.
  563         2. Identifies with specificity those public records not at
  564  the records repository.
  565         3. Establishes that the additional public records are
  566  either relevant to the subject matter of the postconviction
  567  proceeding or are reasonably calculated to lead to the discovery
  568  of admissible evidence.
  569         4. Must be served in accordance with subsection (4).
  570         (b) The trial court may order a person or agency to produce
  571  additional public records only upon finding that:
  572         1. Collateral counsel has made a timely and diligent search
  573  of the records repository.
  574         2. Collateral counsel’s affidavit identifies with
  575  specificity those additional public records that are not at the
  576  records repository.
  577         3. The additional public records sought are either relevant
  578  to the subject matter of a capital postconviction proceeding or
  579  appear reasonably calculated to lead to the discovery of
  580  admissible evidence.
  581         4. The additional records request is not overly broad or
  582  unduly burdensome.
  583         (10) COPYING RECORDS.— The Secretary of State shall provide
  584  the personnel, supplies, and any necessary equipment to copy
  585  records held at the records repository.
  586         (11) AUTHORITY OF THE COURT.—In proceedings under this
  587  section the trial court may:
  588         (a) Compel or deny disclosure of records.
  589         (b) Conduct an inspection in camera.
  590         (c) Extend the time periods in this section upon a showing
  591  of good cause.
  592         (d) Impose sanctions upon a party, person, or agency
  593  affected by this section, including initiating contempt
  594  proceedings, taxing expenses, extending time periods, ordering
  595  facts to be established, and granting other relief.
  596         (e) Resolve a dispute arising under this section unless
  597  jurisdiction is in an appellate court.
  598         (12) SCOPE OF PRODUCTION AND RESOLUTION OF PRODUCTION
  599  ISSUES.—
  600         (a) Unless otherwise limited, the scope of production under
  601  any part of this section shall be that the public records sought
  602  are not privileged or immune from production and are either
  603  relevant to the subject matter of a postconviction proceeding
  604  under Rule 3.851, Florida Rules of Criminal Procedure, or are
  605  reasonably calculated to lead to the discovery of admissible
  606  evidence.
  607         (b) Counsel for a party objecting or moving to compel
  608  production of public records pursuant to this section must file
  609  a copy of the objection or motion directly with the trial court.
  610         (c) The trial court may order mediation for a controversy
  611  as to public records production pursuant to this section in
  612  accord with Rules 1.700, 1.710, 1.720, and 1.730, Florida Rules
  613  of Civil Procedure, or the trial court may refer such
  614  controversy to a magistrate in accord with Rule 1.490, Florida
  615  Rules of Civil Procedure.
  616         (13) DESTRUCTION OF RECORDS.—Sixty days after a capital
  617  sentence is carried out, after a defendant is released from
  618  incarceration after the granting of a pardon or reversal of the
  619  sentence, or after a defendant has been resentenced to a term of
  620  years, the attorney general shall provide written notification
  621  of this occurrence to the Secretary of State. After the
  622  expiration of the 60 days, the Secretary of State may destroy
  623  the copies of the records held by the records repository that
  624  pertain to that case, unless an objection to the destruction is
  625  filed in the trial court and served upon the Secretary of State.
  626  If no objection is served within the 60-day period, the records
  627  may then be destroyed. If an objection is served, the records
  628  shall not be destroyed until a final disposition of the
  629  objection.
  630         Section 13. Subsections (1), (2), (3), and (4) of section
  631  27.710, Florida Statutes, are amended to read:
  632         27.710 Registry of attorneys applying to represent persons
  633  in postconviction capital collateral proceedings; certification
  634  of minimum requirements; appointment by trial court.—
  635         (1) The executive director of the Justice Administrative
  636  Commission shall compile and maintain a statewide registry of
  637  attorneys in private practice who have certified that they meet
  638  the minimum requirements of s. 27.704(2), who have participated
  639  in at least two capital trials or two capital sentencing
  640  proceedings, who are available for appointment by the court
  641  under this section to represent persons convicted and sentenced
  642  to death in this state in postconviction collateral proceedings,
  643  and who have attended within the last year a continuing legal
  644  education program of at least 10 hours’ duration devoted
  645  specifically to the defense of capital cases, if available.
  646  Continuing legal education programs meeting the requirements of
  647  this rule offered by The Florida Bar or another recognized
  648  provider and approved for continuing legal education credit by
  649  The Florida Bar shall satisfy this requirement. The failure to
  650  comply with this requirement may be cause for removal from the
  651  list until the requirement is fulfilled. To ensure that
  652  sufficient attorneys are available for appointment by the court,
  653  when the number of attorneys on the registry falls below 50, the
  654  executive director shall notify the chief judge of each circuit
  655  by letter and request the chief judge to promptly submit the
  656  names of at least three private attorneys who regularly practice
  657  criminal law in that circuit and who appear to meet the minimum
  658  requirements to represent persons in postconviction capital
  659  collateral proceedings. The executive director shall send an
  660  application to each attorney identified by the chief judge so
  661  that the attorney may register for appointment as counsel in
  662  postconviction capital collateral proceedings. As necessary, the
  663  executive director may also advertise in legal publications and
  664  other appropriate media for qualified attorneys interested in
  665  registering for appointment as counsel in postconviction capital
  666  collateral proceedings. Not later than September 1 of each year,
  667  and as necessary thereafter, the executive director shall
  668  provide to the Chief Justice of the Supreme Court, the chief
  669  judge and state attorney in each judicial circuit, and the
  670  Attorney General a current copy of its registry of attorneys who
  671  are available for appointment as counsel in postconviction
  672  capital collateral proceedings. The registry must be indexed by
  673  judicial circuit and must contain the requisite information
  674  submitted by the applicants in accordance with this section.
  675         (2) To be eligible for court appointment as counsel in
  676  postconviction capital collateral proceedings, an attorney must
  677  certify on an application provided by the executive director
  678  that he or she satisfies the minimum requirements for private
  679  counsel set forth in s. 27.704(2)and that he or she has
  680  participated in at least two capital trials or two capital
  681  sentencing proceedings.
  682         (3) An attorney who applies for registration and court
  683  appointment as counsel in postconviction capital collateral
  684  proceedings must certify that he or she is counsel of record in
  685  not more than nine four such proceedings and, if appointed to
  686  represent a person in postconviction capital collateral
  687  proceedings, shall continue such representation under the terms
  688  and conditions set forth in s. 27.711 until the sentence is
  689  reversed, reduced, or carried out or unless permitted to
  690  withdraw from representation by the trial court. The court may
  691  not permit an attorney to withdraw from representation without a
  692  finding of sufficient good cause. The court may impose
  693  appropriate sanctions if it finds that an attorney has shown bad
  694  faith with respect to continuing to represent a defendant in a
  695  postconviction capital collateral proceeding. This section does
  696  not preclude the court from reassigning a case to a capital
  697  collateral regional counsel following discontinuation of
  698  representation if a conflict of interest no longer exists with
  699  respect to the case.
  700         (4) Each private attorney who is appointed by the court to
  701  represent a capital defendant must enter into a contract with
  702  the Justice Administrative Commission Chief Financial Officer.
  703  If the appointed attorney fails to execute the contract within
  704  30 days after the date the contract is mailed to the attorney,
  705  the executive director shall notify the trial court. The Justice
  706  Administrative Commission Chief Financial Officer shall develop
  707  the form of the contract, function as contract manager, and
  708  enforce performance of the terms and conditions of the contract.
  709  The Justice Administrative Commission shall approve uniform
  710  contract forms for use in procuring the services of private
  711  court-appointed counsel and uniform procedures and forms for use
  712  by a court-appointed attorney in support of billing for attorney
  713  fees, costs, and related expenses to demonstrate attorney
  714  completion of specified duties. By signing such contract, the
  715  attorney certifies that he or she intends to continue the
  716  representation under the terms and conditions set forth in the
  717  contract until the sentence is reversed, reduced, or carried out
  718  or until released by order of the trial court.
  719         Section 14. Subsections (3), (4), (5), (6), (7), (9), (12),
  720  (13), and (14) of section 27.711, Florida Statutes, are amended
  721  to read:
  722         27.711 Terms and conditions of appointment of attorneys as
  723  counsel in postconviction capital collateral proceedings.—
  724         (3) An attorney appointed to represent a capital defendant
  725  is entitled to payment of the fees set forth in this section
  726  only upon full performance by the attorney of the duties
  727  specified in this section and approval of payment by the trial
  728  court, and the submission of a payment request by the attorney,
  729  subject to the availability of sufficient funding specifically
  730  appropriated for this purpose. An attorney may not be
  731  compensated under this section for work performed by the
  732  attorney before July 1, 2003, while employed by the northern
  733  regional office of the capital collateral counsel. The Justice
  734  Administrative Commission Chief Financial Officer shall notify
  735  the executive director and the court if it appears that
  736  sufficient funding has not been specifically appropriated for
  737  this purpose to pay any fees which may be incurred. The attorney
  738  shall maintain appropriate documentation, including a current
  739  and detailed hourly accounting of time spent representing the
  740  capital defendant. The fee and payment schedule in this section
  741  is the exclusive means of compensating a court-appointed
  742  attorney who represents a capital defendant. When appropriate, a
  743  court-appointed attorney must seek further compensation from the
  744  Federal Government, as provided in 18 U.S.C. s. 3006A or other
  745  federal law, in habeas corpus litigation in the federal courts.
  746         (4) Upon approval by the trial court, an attorney appointed
  747  to represent a capital defendant under s. 27.710 is entitled to
  748  payment of the following fees by the Justice Administrative
  749  Commission Chief Financial Officer:
  750         (a) Regardless of the stage of postconviction capital
  751  collateral proceedings, the attorney is entitled to $100 per
  752  hour, up to a maximum of $2,500, after accepting appointment and
  753  filing a notice of appearance.
  754         (b) The attorney is entitled to $100 per hour, up to a
  755  maximum of $20,000, after timely filing in the trial court the
  756  capital defendant’s complete original motion for postconviction
  757  relief under the Florida Rules of Criminal Procedure. The motion
  758  must raise all issues to be addressed by the trial court.
  759  However, an attorney is entitled to fees under this paragraph if
  760  the court schedules a hearing on a matter that makes the filing
  761  of the original motion for postconviction relief unnecessary or
  762  if the court otherwise disposes of the case.
  763         (c) The attorney is entitled to $100 per hour, up to a
  764  maximum of $20,000, after the trial court issues a final order
  765  granting or denying the capital defendant’s motion for
  766  postconviction relief.
  767         (d) The attorney is entitled to $100 per hour, up to a
  768  maximum of $20,000, after timely filing in the Supreme Court the
  769  capital defendant’s brief or briefs that address the trial
  770  court’s final order granting or denying the capital defendant’s
  771  motion for postconviction relief and the state petition for writ
  772  of habeas corpus.
  773         (e) The attorney is entitled to $100 per hour, up to a
  774  maximum of $10,000, after the trial court issues an order,
  775  pursuant to a remand from the Supreme Court, which directs the
  776  trial court to hold further proceedings on the capital
  777  defendant’s motion for postconviction relief.
  778         (f) The attorney is entitled to $100 per hour, up to a
  779  maximum of $4,000, after the appeal of the trial court’s denial
  780  of the capital defendant’s motion for postconviction relief and
  781  the capital defendant’s state petition for writ of habeas corpus
  782  become final in the Supreme Court.
  783         (g) At the conclusion of the capital defendant’s
  784  postconviction capital collateral proceedings in state court,
  785  the attorney is entitled to $100 per hour, up to a maximum of
  786  $2,500, after filing a petition for writ of certiorari in the
  787  Supreme Court of the United States.
  788         (h) If, at any time, a death warrant is issued, the
  789  attorney is entitled to $100 per hour, up to a maximum of
  790  $5,000. This payment shall be full compensation for attorney’s
  791  fees and costs for representing the capital defendant throughout
  792  the proceedings before the state courts of Florida.
  793  
  794  The hours billed by a contracting attorney under this subsection
  795  may include time devoted to representation of the defendant by
  796  another attorney who is qualified under s. 27.710 and who has
  797  been designated by the contracting attorney to assist him or
  798  her.
  799         (5) An attorney who represents a capital defendant may use
  800  the services of one or more investigators to assist in
  801  representing a capital defendant. Upon approval by the trial
  802  court, the attorney is entitled to payment from the Justice
  803  Administrative Commission Chief Financial Officer of $40 per
  804  hour, up to a maximum of $15,000, for the purpose of paying for
  805  investigative services.
  806         (6) An attorney who represents a capital defendant is
  807  entitled to a maximum of $15,000 for miscellaneous expenses,
  808  such as the costs of preparing transcripts, compensating expert
  809  witnesses, and copying documents. Upon approval by the trial
  810  court, the attorney is entitled to payment by the Justice
  811  Administrative Commission Chief Financial Officer of up to
  812  $15,000 for miscellaneous expenses, except that, if the trial
  813  court finds that extraordinary circumstances exist, the attorney
  814  is entitled to payment in excess of $15,000.
  815         (7) An attorney who is actively representing a capital
  816  defendant is entitled to a maximum of $500 per fiscal year for
  817  tuition and expenses for continuing legal education that
  818  pertains to the representation of capital defendants. Upon
  819  approval by the trial court, the attorney is entitled to payment
  820  by the Justice Administrative Commission Chief Financial Officer
  821  for expenses for such tuition and continuing legal education.
  822         (9) An attorney may not represent more than ten five
  823  defendants in capital postconviction litigation at any one time.
  824         (12) The court shall monitor the performance of assigned
  825  counsel to ensure that the capital defendant is receiving
  826  quality representation. The court shall also receive and
  827  evaluate allegations that are made regarding the performance of
  828  assigned counsel. The Justice Administrative Commission Chief
  829  Financial Officer, the Department of Legal Affairs, the
  830  executive director, or any interested person may advise the
  831  court of any circumstance that could affect the quality of
  832  representation, including, but not limited to, false or
  833  fraudulent billing, misconduct, failure to meet continuing legal
  834  education requirements, solicitation to receive compensation
  835  from the capital defendant, or failure to file appropriate
  836  motions in a timely manner.
  837         (13) Prior to the filing of a motion for order approving
  838  payment of attorney’s fees, costs, or related expenses, the
  839  assigned counsel shall deliver a copy of his intended billing,
  840  together with supporting affidavits and all other necessary
  841  documentation, to the Justice Administrative Commission Chief
  842  Financial Officer’s named contract manager. The Justice
  843  Administrative Commission shall review the intended billing
  844  contract manager shall have 10 business days from receipt to
  845  review the billings, affidavit, and documentation for
  846  completeness and compliance with contractual and statutory
  847  requirements. If the Justice Administrative Commission contract
  848  manager objects to any portion of the proposed billing, the
  849  objection and reasons therefor shall be communicated to the
  850  assigned counsel. The assigned counsel may thereafter file his
  851  or her motion for order approving payment of attorney’s fees,
  852  costs, or related expenses together with supporting affidavits
  853  and all other necessary documentation. The motion must specify
  854  whether the Justice Administrative Commission Chief Financial
  855  Officer’s contract manager objects to any portion of the billing
  856  or the sufficiency of documentation and, if so, the reason
  857  therefor. A copy of the motions and attachments shall be served
  858  on the Justice Administrative Commission at least 5 business
  859  days before the date of a hearing. The Justice Administrative
  860  Commission has standing to appear before the court to contest
  861  any motion for an order approving payment of attorney fees,
  862  costs, or related expenses and may participate in a hearing on
  863  the motion by use of telephonic or other communication
  864  equipment. A copy of the motion and attachments shall be served
  865  on the Chief Financial Officer’s contract manager, who shall
  866  have standing to file pleadings and appear before the court to
  867  contest any motion for order approving payment. The fact that
  868  the Justice Administrative Commission Chief Financial Officer’s
  869  contract manager has not objected to any portion of the billing
  870  or to the sufficiency of the documentation is not binding on the
  871  court, which retains primary authority and responsibility for
  872  determining the reasonableness of all billings for fees, costs,
  873  and related expenses, subject to statutory limitations.
  874         (14) Each attorney participating in the pilot program in
  875  the northern region pursuant to s. 27.701(2), as a condition of
  876  payment pursuant to this section, shall report on the
  877  performance measures adopted by the Legislature for the capital
  878  collateral regional counsel.
  879         Section 15. Section 922.052, Florida Statutes, is amended
  880  to read:
  881         922.052 Issuance of warrant of execution.—
  882         (1) When a person is sentenced to death, the clerk of the
  883  court shall prepare a certified copy of the record of the
  884  conviction and sentence, and the sheriff shall send the record
  885  to the Governor and the clerk of the Florida Supreme Court.
  886         (2)(a) The clerk of the Florida Supreme Court shall inform
  887  the Governor in writing certifying that a person convicted and
  888  sentenced to death has:
  889         1. Completed such person’s direct appeal and initial
  890  postconviction proceeding in state court, and habeas corpus
  891  proceeding and appeal therefrom in federal court; or
  892         2. Allowed the time permitted for filing a habeas corpus
  893  petition in federal court to expire.
  894         (b) Within 30 days after receiving the letter of
  895  certification from the clerk of the Florida Supreme Court, the
  896  Governor shall issue a warrant for execution in all cases where
  897  the executive clemency process has concluded, directing the
  898  warden to execute the sentence within 180 days, at a time
  899  designated in the warrant.
  900         (c) If, in the Governor’s sole discretion, the clerk of the
  901  Florida Supreme Court has not complied with the provisions of
  902  paragraph (a) with respect to any person sentenced to death, the
  903  Governor may sign a warrant of execution for such person where
  904  the executive clemency process has concluded.
  905         (3) The sentence shall not be executed until the Governor
  906  issues a warrant, attaches it to the copy of the record, and
  907  transmits it to the warden, directing the warden to execute the
  908  sentence at a time designated in the warrant.
  909         (4)(2) If, for any reason, the sentence is not executed
  910  during the week designated, the warrant shall remain in full
  911  force and effect and the sentence shall be carried out as
  912  provided in s. 922.06.
  913         Section 16. Section 924.055, Florida Statutes, is amended
  914  to read:
  915         924.055 Postconviction review in capital cases; legislative
  916  findings and intent.—
  917         (1) It is the intent of the Legislature to reduce delays in
  918  capital cases and to ensure that all appeals and postconviction
  919  actions in capital cases are resolved as soon as possible within
  920  5 years after the date a sentence of death is imposed in the
  921  circuit court. All capital postconviction actions must be filed
  922  as early as possible after the imposition of a sentence of death
  923  which may be during a direct appeal of the conviction and
  924  sentence. A person sentenced to death or that person’s capital
  925  postconviction counsel must file any postconviction legal action
  926  in compliance with the Florida Rules of Criminal Procedure
  927  statutes of limitation established in s. 924.056 and elsewhere
  928  in this chapter. Except as expressly allowed by s. 924.056(5), a
  929  person sentenced to death or that person’s capital
  930  postconviction counsel may not file more than one postconviction
  931  action in a sentencing court and one appeal therefrom to the
  932  Florida Supreme Court, unless authorized by law.
  933         (2) It is the further intent of the Legislature that no
  934  state resources be expended in violation of this act. In the
  935  event that any state employee or party contracting with the
  936  state violates the provisions of this act, the Attorney General
  937  shall deliver to the Speaker of the House of Representatives and
  938  the President of the Senate a copy of any court pleading or
  939  order that describes or adjudicates a violation.
  940         Section 17. Section 924.056, Florida Statutes, is amended
  941  to read:
  942  (Substantial rewording of section. See
  943  s. 924.056, F.S., for present text.)
  944         924.056 Capital postconviction proceedings; reporting
  945  requirements.—
  946         (1) The Florida Supreme Court shall annually report to the
  947  Speaker of the House of Representatives and the President of the
  948  Senate the status of each capital case in which a postconviction
  949  action has been filed that has been continuously pending for
  950  more than 3 years. The report must include the name of the state
  951  court judge involved in the case.
  952         (2) In a capital postconviction proceeding in which it has
  953  been determined that an attorney of record provided
  954  constitutionally deficient representation and relief has been
  955  granted as a result of such determination, after the highest
  956  court having jurisdiction to review such determination has
  957  issued its final order affirming the determination, the court
  958  making such determination shall furnish a copy of the findings
  959  to The Florida Bar for appropriate disciplinary action.
  960         Section 18. Section 924.057, Florida Statutes, is amended
  961  to read:
  962  (Substantial rewording of section. See
  963  s. 924.057, F.S., for present text.)
  964         924.057 Capital postconviction proceedings; legislative
  965  intent.—The legislature acknowledges the past efforts made by
  966  the judicial branch in establishing rules of criminal procedure
  967  that make the capital postconviction process fair and more
  968  efficient. The legislature also recognizes and commends the
  969  judicial branch for continuing these efforts by issuing
  970  Administrative Order AOSC13-11, which creates a Capital
  971  Postconviction Proceedings Subcommittee of the Criminal Court
  972  Steering Committee, and directs the Subcommittee to undertake a
  973  comprehensive review of capital postconviction proceedings, and
  974  to make recommendations to the Florida Supreme Court whether
  975  court rules should be amended to improve the overall efficiency
  976  of the capital postconviction process. In support of these
  977  efforts, the legislature expresses its intent that capital
  978  postconviction proceedings be conducted in accordance with court
  979  rules, and that courts strictly adhere to the timeframes and
  980  postconviction motion content requirements established therein.
  981         Section 19. Section 940.031, Florida Statutes, is created
  982  to read:
  983         940.031 Clemency counsel when sentence of death has been
  984  imposed.—When a person has been sentenced to death, the Governor
  985  and Cabinet, acting as the Board of Executive Clemency, shall
  986  appoint counsel to represent the person for relief by executive
  987  clemency. The Board may not appoint a public defender, an office
  988  of criminal conflict and civil regional counsel, or any capital
  989  collateral regional counsel under this section. The appointed
  990  attorney shall be compensated, not to exceed $10,000, for
  991  attorney fees and costs incurred in representing the person for
  992  relief by executive clemency, with compensation to be paid out
  993  of the General Revenue Fund from funds budgeted to the Parole
  994  Commission. The Board shall maintain a list of counsel available
  995  for appointment under this section.
  996         Section 20. Sections 924.058, 924.059, and 924.395, Florida
  997  Statutes, are repealed.
  998         Section 21. If any provision of this act or the application
  999  thereof to any person or circumstance is held invalid, the
 1000  invalidity does not affect other provisions or applications of
 1001  the act which can be given effect without the invalid provision
 1002  or application, and to this end the provisions of this act are
 1003  declared severable.
 1004         Section 22. This act shall take effect July 1, 2013.