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Record Group Number: 000660
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Creator: Florida. Office of the Capital Collateral Representative
Title, Dates: Office of the Capital Collateral Representative record group.
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Biographical/Historical Note:     The Office of the Capital Collateral Representative was created in 1985 (Ch. 85-332, Laws of Florida) under the judicial branch of state government.  This office was headed by the Capital Collateral Representative of the state whose duty was to represent any person convicted and sentenced to death in collateral proceedings questioning the legality and judgment of that sentencing. The governor appointed the Capital Collateral Representative who was then subject to Senate confirmation.  The appointee must be a member in good standing of the Florida Bar for five years previous to the appointment and must not run for or accept an appointment to a state office for two years following the end of his or her appointment as the Capital Collateral Representative which lasted for four years.  Private practice of law is also prohibited.
    In 1997 (Ch. 97-313, Laws) the Office of the Capital Collateral Representative was reorganized.  The Capital Collateral Representative became the Capital Collateral Regional Counsel and three regional offices were established to operate independently of each other.  The three regions are defined as the northern region with an office in Tallahasse, a middle region with an office in Tampa, and a southern region with an office in Miami.  Each regional counsel represents persons convicted and sentenced to death in their respective Judicial Circuits.  The Supreme Court Judicial Nominating Committee now recommends to the governor qualified persons for nomination as regional counsel.  The nominees are still subject to Senate confirmation but now only serve a term of 3 years.

    During this reorganization, the Commission on the Administration of Justice in Capital Cases was created to review the administration of justice in capital cases and to review 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 (Ch. 98-198, Laws) the Florida State Legislature created a central repository to be located at the Florida State Archives to hold copies of all public records generated during the investigation and prosecution of capital punishment cases.  These records will be used by the Capital Collateral Regional Counsels in their representation of persons convicted and sentenced to death.
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