1998 the Florida legislature passed Committee Substitute for Senate Bill 1330,
which was adopted into law as 98-198. This legislation, which became effective
on October 1, 1998, established the State Archives of Florida as the records repository
for Capital Postconviction Public Records (see also Rules 3.852 and 3.993 of the
Florida Rules of Criminal Procedure( 1.77MB PDF, 254 pages).
Capital Postconviction Public Records to the State Archives of Florida must follow
the instructions provided below and complete the Form LS/REV02-2011/CCR100, also provided
below, before sending records to the Archives. For additional information,
please email firstname.lastname@example.org
or call 850-245-6750.
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In 1998 the Florida legislature adopted legislation effective October 1, 1998, establishing a records repository for the purpose of archiving capital postconviction public records. The records repository for capital postconviction public records was made part of the State Archives of Florida (Chapter 98-198, Laws of Florida; Chapter 27.7081, Florida Statutes).
The State Archives of Florida is an institution in the Department of State, Division of Library and Information Services. The State Archives is the central repository for the archives of the state government, mandated by law (Chapter 257.35, Florida Statutes) to collect, preserve, and make available for research the historically significant records of the state, as well as private manuscripts, local government records, photographs, and other materials that complement the official state records
In its role as the Capital Postconviction Records Repository, the State Archives of Florida receives, maintains, and indexes copies of public records sent to the Repository by Florida law enforcement offices and agencies following notification by the prosecuting attorney to these agencies of imposition of a death sentence. Upon notification, agencies have 60 days to copy and deliver to the Repository, following Repository guidelines, all public records relating to the case. The Repository tracks receipt of records in each case from each agency, maintains an automated index listing the contents of all postconviction public records in its custody, and upon request makes the records available according to standard State Archives procedures for access to public records. Records sent to the Repository under seal - those claimed as exempt from public disclosure by the originating agency - can only be opened for inspection by the trial court in camera following receipt by the Repository of an appropriate court order to ship those records to the court.
Instructions and forms for indexing, labeling, boxing, and shipping records to the Repository are available on this site (see above), or are available upon request (see contact information below)..
Under the Death Penalty Reform Act of 2000 (Ch. 2000-3, Laws of Florida), the Repository is also responsible for providing Capital Collateral Regional Counsel and private attorneys representing death row inmates with copies of capital postconviction public records in its custody. The Repository will provide scanned copies on compact disk of records relating to a particular case upon written request from counsel. Capital Collateral Regional Counsel offices are responsible for notifying the Repository of the priority level of each request generated from their region.
State Archives staff are happy to answer questions about capital postconviction public records in the Repository as well as about general Archives procedures for access to public records. Contact Repository staff at:
Capital Collateral Postconviction Records Repository
State Archives of Florida
R.A. Gray Building, MS 9-E
500 South Bronough Street
Tallahassee, FL 32399-0250
Phone 850-245-6750, Option 6