924.057 Limitation on postconviction cases in which the death sentence was imposed before January 14, 2000. - Florida Statutes

924.057 Limitation on postconviction cases in which the death sentence was imposed before January 14, 2000.

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.

History. s. 7, ch. 2000-3.