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Florida. Office of the Capital Collateral Representative
Title, Dates:
Capital Collateral Regional Counsel postconviction records, 1964-2019.
Amount:
3488.25 cubic ft.
Medium Included:
Organization/Arrangement:
Restrictions:
***RESTRICTED***: Except for the purposes of Section 27.7081, Florida Statutes, Capital postconviction public records production, this series is closed to use without prior review by Archives staff for exemptions including, but not limited to, Section 406.135, Florida Statutes, Autopsies; confidentiality of photographs and video and audio recordings; exemption; and Section 406.136, Florida Statutes, A photograph or video or audio recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties.
Terms Governing Use:
***RESTRICTED***: Except for the purposes of Section 27.7081, Florida Statutes, Capital postconviction public records production, this series is closed to use without prior review by Archives staff for exemptions including, but not limited to, Section 406.135, Florida Statutes, Autopsies; confidentiality of photographs and video and audio recordings; exemption; and Section 406.136, Florida Statutes, A photograph or video or audio recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties.
Biographical/Historical:
The Florida Legislature created the Office of the Capital Collateral Representative in 1985 under Florida's judicial branch (Chapter 85-332, Laws of Florida). The Capital Collateral Representative, appointed by the governor and subject to Senate confirmation, is responsible for representing any person convicted and sentenced to death in collateral proceedings, and questioning the legality and judgment of that sentencing.
In 1997, the Office of the Capital Collateral Representative reorganized to become the Capital Collateral Regional Counsel with three regional offices operating independently of each other (Ch. 97-313, Laws). The three regions include a northern region with an office in Tallahassee, a middle region with an office in Temple Terrace, and a southern region with an office in Fort Lauderdale. Each regional counsel represents persons convicted and sentenced to death in their respective judicial circuits. The Supreme Court Judicial Nominating Committee recommends to the governor qualified persons for appointment as regional counsel.
As part of the 1997 reorganization, the Legislature created the Commission on the Administration of Justice in Capital Cases to review the administration of justice in capital cases and the operation of the Capital Collateral Regional Counsels. This commission consists of two members appointed by the governor; two members appointed by the President of the Senate from the membership of the Senate, one from the minority party and one from the majority party; and two members appointed by the Speaker of the House of Representatives from the membership of the House of Representatives, one from the minority party and one from the majority party.
In 1998, the Florida Legislature created a central repository within the State Archives of Florida to hold copies of all public records generated during the investigation and prosecution of capital punishment cases. The records include investigation reports, arrest reports, crime scene videos and photographs, interrogation and interview recordings, transcripts of testimony, witness and suspect statements, autopsy records and photographs, and various court filings. The Capital Collateral Regional Counsels use these records to represent persons convicted and sentenced to death.
Summary:
This series consists of copies of records pertaining to the investigation and prosecution of cases resulting in a guilty verdict and sentence of death. The records are from the Department of Corrections, the Florida Department of Law Enforcement, state attorney's offices, sheriff's offices, police departments, medical examiner's offices, and various other agencies in the state of Florida. The records include investigation reports, arrest reports, crime scene videos and photographs, interrogation and interview audio and video tapes, 911 call audio tapes, transcripts of testimony, witness and suspect statements, autopsy records and photographs, and various court filings.
Finding Aids:
Additional Physical Form:
Reproduction Note:
Location of Originals/Duplicates:
Originals are held by the office of origin (state attorney, Dept. of Corrections, etc.).
for detailed listing.