The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

The Registry Attorneys will be continued by the Justice Administration Commission.

These actions are effective July 1, 2011.

2010 Time Frames


Note: We would like to thank Sharon Ireland, judicial staff attorney for the 17th Judicial Circuit, who provided this information.


This page contains a list of the motions and the time frame for the filing of each motion. Also included is the applicable Rule of Criminal Procedure.


Event
Time Frame
Rule
Appointment of Capital Collateral Counsel Upon issuance of the mandate affirming a judgment and sentence of death on direct appeal, FSC to appoint CCRC or FSC to direct trial court to immediately appoint counsel from Registry of Attorneys maintained by the Commission on Capital Cases; file name of Registry Attorney with FSC 3.851(b)(1)
Notice of Appearance in Trial Court Within 30 days of the issuance of the mandate [appointment of CCRC by FSC or appointment of Registry Counsel by trial court] 3.851 (b)(2)
Motion to Withdraw as Counsel Within 30 days of the issuance of the mandate [appointment of counsel] 3.851 (b)(2)
Motion to Withdraw as Counsel filed more than 30 days after issuance of mandate Shall not be entertained–unless based on a specific conflict of interest, as set forth in 27.703 Fla. Stat. 3.851 (b)(2)
Ruling/Order on Motion to Withdraw Within 15 days after filing the motion to withdraw 3.851 (b)(3)
Appointment of New Post Conviction Counsel Within 15 days after filing the motion to withdraw 3.851 (b)(3)
Assignment of Judge to the case by Chief Judge of the Circuit Within 30 days of the issuance of the mandate 3.851 (c)(1)
Initial Status Conference Not later than 90 days after judicial assignment 3.851 (c)(2)
Subsequent Status Conferences Must be held at least 90 days thereafter–until evidentiary hearing has been completed or motion has been ruled on without a hearing 3.851 (c)(2)
Filing of Initial Postconviction Motion One year from the final decision on direct appeal
Required contents:		 3.851 (d)(1)(A)-(C)
3.851(e)(1)(A)-(E)
Filing for Extension of Time Any filings for extension of time for the initial postconviction motion must be brought before the FSC 3.851 (d)(5)
Filing of Answer to Initial Motion Within 60 days of the filing of the initial motion
Required contents:		 3.851 (f)(3)(A)
Filing of Successive Postconviction Motion Has specific pleading requirements 3.851(e)(2) 3.851 (e)(2)(A)-(C)(i)-(iv)
Filing of Answer to Successive Motion Within 20 days of the filing of the successive motion
Required contents:		 3.851 (f)(3)(B)
Filing of an Amendment to the 3.851 Motion Up to 30 days before the evidentiary hearing upon motion and good cause shown 3.851 (f)(4)
Filing of Amended Answer to the Amended Motion–if Amendment Allowed Within 20 days after the amended motion is filed 3.851 (f)(4)
Case Management Conference – Initial Motion 90 days after filing of the State’s answer to the initial motion 3.851 (f)(5)(A)(i)-(iii)
Case Management Conference – Successive Motion Within 30 days after the filing of the State’s answer to the successive motion 3.851 (f)(5)(B)
Evidentiary Hearing – Initial Motion Within 90 days after the case management conference 3.851 (f)(5)(A)(i)
Evidentiary Hearing – Successive Motion Within 60 days after the case management conference 3.851(f)(5)(B)
Motion to Extend Time for Hearing Up to 90 additional days for good cause 3.851 (f)(5)(C)
Time for Ordering Transcript Immediately after evidentiary hearing 3.851 (f)(5)(D)
Time for Production of Transcript 30 days from evidentiary hearing 3.851 (f)(5)(D)
Time for Rendition of Final Order 30 days from receipt of transcript 3.851 (f)(5)(D)
Motion for Rehearing 15 days from rendition of the final order 3.851 (f)(7)
Response to Motion for Rehearing 10 days from the filing of the motion for rehearing 3.851 (f)(7)
Incompetence to Proceed in Capital Collateral Proceedings Governed by: 3.851 (g)(1)-(13)
After the Death Warrant is Signed Governed by: 3.851 (h)(1)-(9)
Dismissal of Postconviction Proceedings Applies only when a prisoner seeks both to dismiss pending postconviction proceedings and to discharge collateral counsel. Governed by: 3.851 (i)(1)-(9)
Belated Appeals Based upon an allegation that petitioner timely requested counsel to appeal the order denying petitioner’s motion for postconviction relief, and counsel, through neglect, failed to do so. Governed by: 3.851 (j)