Bill > H7083

This bill, titled the "Timely Justice Act of 2013," aims to streamline and reform the capital postconviction process in Florida by establishing new procedures and clarifying existing ones. Key provisions include prohibiting Capital Collateral Regional Counsel (CCRC) and their replacements from taking actions that create an "actual conflict of interest" (meaning a real, not just possible, conflict), and requiring courts to determine if such a conflict exists before appointing new counsel. The bill also sets up procedures for the production of public records in capital postconviction cases, creating a records repository and outlining timelines for agencies to submit relevant documents. Private attorneys appointed by courts to represent individuals in postconviction capital cases will now contract with the Justice Administrative Commission (JAC), an entity that provides administrative support, instead of the Chief Financial Officer (CFO). Furthermore, individuals convicted and sentenced to death must pursue all possible collateral remedies in state court according to the Florida Rules of Criminal Procedure (FRCP), rather than specific statutes, and capital postconviction motions must also be filed in accordance with the FRCP. The Florida Supreme Court is mandated to report annually to the Legislature on the status of capital postconviction cases, and courts must report findings of ineffective assistance of counsel to The Florida Bar for disciplinary review. The bill also introduces a new provision that prohibits attorneys who have been found to have provided constitutionally deficient representation in two separate capital postconviction cases from representing defendants in capital cases for five years. Finally, the bill clarifies that all collateral remedies must be pursued in state court according to the FRCP, and it repeals certain existing statutes related to capital postconviction review.