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1997 Florida Statutes

SECTION 708
Access to prisoners; compliance with the Florida Rules of Criminal Procedure in capital collateral litigation; records requests; approval of records requests.

27.708  Access to prisoners; compliance with the Florida Rules of Criminal Procedure in capital collateral litigation; records requests; approval of records requests.--

(1)  Each capital collateral regional counsel and his or her assistants may inquire of all persons sentenced to death who are incarcerated and tender them advice and counsel at any reasonable time, but this section does not apply with respect to persons who are represented by other counsel.

(2)  The capital collateral regional counsel and contracted private counsel must timely comply with all provisions of the Florida Rules of Criminal Procedure governing collateral review of capital cases, including provisions pertaining to requests for records under Rule 3.852, Florida Rules of Criminal Procedure.

(3)  All requests for records in capital postconviction proceedings must be made in accordance with Rule 3.852, Florida Rules of Criminal Procedure, and, if the person sentenced to death is represented by an assistant capital collateral regional counsel or other attorney appointed to assist the regional counsel, the regional counsel must approve the request.

History.--s. 3, ch. 85-332; s. 151, ch. 95-147; s. 8, ch. 97-313.