924.055

Postconviction review in capital cases; legislative findings and intent.

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924.055 Postconviction review in capital cases; legislative findings and intent.—It is the intent of the Legislature to reduce delays in capital cases and to ensure that all appeals and postconviction actions in capital cases are resolved as soon as possible after the date a sentence of death is imposed in the circuit court. A person sentenced to death or that person’s capital postconviction counsel must file any postconviction legal action in compliance with the Florida Rules of Criminal Procedure.

History.—s. 8, ch. 96-290; s. 5, ch. 2000-3; s. 13, ch. 2013-216.

Notes of Decisions

Cited in 3 cases, 1998–2004 · leading case: Allen v. Butterworth

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Allen v. Butterworth (2000) fla · cites it 2× “at 14-15 (amending § 924.055, Fla. Stat.) ("It is the intent of the Legislature to reduce delays in capital cases.”

Amendments to Florida Rules of Criminal Procedure—Capital Postconviction Public Records Production (1998) fla · cites it 4× “The trial judge should consider this motion as part of a time line for progressing the proceeding to a final order in accord with time standards provided in section 924.055, Florida Statutes (1997).”

Crow v. State (2004) fladistctapp · cites it 2× “The court concluded that the Legislature lacked authority to place time limits on postconviction relief because the right to relief is the equivalent of the right to file a petition for writ of habeas corpus.”

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