FL H7081

Proposes constitutional amendment to Article V, Section 2 and creates new section in Article XII to transfer governance of postconviction and collateral review procedures in capital cases from Florida Supreme Court rules to general law enacted by the legislature.

Currently, the Florida Supreme Court adopts all rules relating to court practice and procedure, including death penalty postconviction review; this amendment makes such procedures subject exclusively to laws passed by the legislature instead.

Amendment takes effect July 1, 2015, and applies only to capital cases where convictions and death sentences have been affirmed on direct appeal on or after that date.

Requires submission of the amendment to Florida voters for approval or rejection at the next general election or a special election authorized by law.

Defines general law as legislation passed by a majority of members in each legislative chamber and either signed by the Governor or passed by two-thirds vote in each chamber if the Governor vetoes it.