Fla. Stat. § 924.057
Capital postconviction proceedings; legislative intent
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2013
As of January 1, 2011
This section shall govern all capital postconviction actions in cases in which the trial court imposed the sentence of death before the effective date of this act.
(1) Nothing in this act shall expand any right or time period allowed for the prosecution of capital postconviction claims in any case in which a postconviction action was commenced or should have been commenced prior to the effective date of this act.
(2) Except as provided in s. 924.056(5), in every case in which mandate has issued in the Florida Supreme Court concluding at least one capital postconviction action in the state court system, a successive capital postconviction action shall be barred on the effective date of this act, unless the rules or law in effect immediately prior to the effective date of this act permitted the successive postconviction action, in which case the action shall be barred on the date provided in subsection (4).
(3) All capital postconviction actions pending on the effective date of this act shall be barred, and shall be dismissed with prejudice, unless fully pled in substantial compliance with s. 924.058, or with any superseding order or rule, on or before:
(a) The time in which the action would be barred by this section if the action had not begun prior to the effective date of this act, or
(b) Any earlier date provided by the rules or law, or court order, in effect immediately prior to the effective date of this act.
(4) In every capital case in which the trial court imposed the sentence of death before the effective date of this act, a capital postconviction action shall be barred unless it is commenced on or before January 8, 2001, or any earlier date provided by the rule or law in effect immediately prior to the effective date of this act.
The Legislature acknowledges the efforts made by the judicial branch in establishing the rules of criminal procedure that make the capital postconviction process fair and more efficient. The Legislature also recognizes and commends the judicial branch for continuing these efforts by issuing Administrative Order AOSC13-11, which creates a Capital Postconviction Proceedings Subcommittee of the Criminal Court Steering Committee, and directs the subcommittee to undertake a comprehensive review of capital postconviction proceedings, and to make recommendations to the Supreme Court whether court rules should be amended to improve the overall efficiency of the capital postconviction process. In support of these efforts, the Legislature expresses its intent that capital postconviction proceedings be conducted in accordance with court rules, and that courts strictly adhere to the timeframes and postconviction motion content requirements established therein.
Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.