Welcome
Florida Death Row Advocacy Group
Working to maintain and improve living conditions for death row in Florida
INFORMATION PACKAGE
Welcome
This packet was designed by the members of FDRAG to assist the families and friends of Death Row inmates with their transition into the rules and regulations of the Florida system. Our personal experiences of frustration and uncertainty as we were initiated into the system have lead us to hope that the information contained within the packet will save others from the same feelings.
If you have questions or concerns, please feel free to contact us from the list below.
We are here to help you.
Take care and stay strong,
FDRAG
Contact List
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USA |
Hannah Floyd, 137 N Walnut St Apt 14, Starke, FL 32091 (Can be contacted for info on newsletter, membership, visiting, places to stay, transport etc.) |
904-964-4303 |
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USA |
Dianne Abshire, 9673 State Rt 65, Ottawa, Ohio 45875 (Can also be contacted re: legal matters for the attention of Florida Support Group) |
419-523-5816 |
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The Netherlands |
Jolanda Arends, Treilerstraat 168, NL - 1503 JM Zaandam, jolanda-arends@zonnet.nl (FDRAG membership and welcome package) |
+31-75-616-4862 |
Visitation Rules
NOTICE: Please read and keep this sheet
for future reference and review it often.
Our goal is to make your visit as enjoyable as possible. However, you must follow these rules or your
visiting privileges may be affected.
1. Identification Requirements: Visitors 12 years of age or
older must present a valid form of picture identification to enter the
visiting area.
2. Dress Requirements: These requirements are strictly enforced:
2.1 Shirts and shoes are mandatory.
2.2 Halter tops, underwear-type tee shirts, tank
tops, fish net shirts, or any clothes made with see-through fabric or
skin-tight will not be worn by males or females.
2.3 Dresses, skirts, or Bermuda-length shorts more
than three inches (3”) above the knee are not permitted.
2.4 Any article of clothing with a picture or
language ruled profane or offensive by an officer will not be allowed.
3. Searches of Visitors:
3.1 All persons are required to submit to a search
of their persons and possessions before being admitted to the institution or to
visit.
3.2 Refusal to submit to a search is grounds for
denial of the visit.
3.3 Refer to Chapter 33-601.728 and 33-602.204
Florida Administrative Code for specific search guidelines.
4. Authorized Items Permitted by Visitors (Under no circumstances are department staff allowed to hold/store an
item for a visitor):
4.1. Visitors will bring only
these items into any department facility.
Any item not in the list below, or any authorized item more than the
approved amounts (e.g., cash), is “unauthorized” and item entry will be denied.
(4.1.1) One (1) unopened pack
of cigarettes and one (1) lighter (No “Bic” type lighters or matches
allowed). (Note: Smoking permitted only in designated outside
areas.)
(4.1.2) One (1) vehicle key;
One (1) photographic identification card; limited feminine hygiene products.
(4.1.3) Up to $25.00 ($1
& $5 bills only) cash per visitor, regardless of age, to purchase snacks
and beverages from vending machines located in department visiting areas. All snacks and beverages must be consumed in
the visiting area and must be purchased by visitors. Under no circumstances will money be given to an inmate.
(4.1.3.1) Send funds to the appropriate
Service Center in the form of US Postal money orders, cashiers checks, or
certified bank drafts.
(4.1.4) Prescriptive
medications: Visitors taking prescription medications are allowed only the dosage necessary for
the period of the visit at any institution.
(4.1.4.1) Each prescriptive
medication must be in its original prescribed container with a clearly readable
label with the information on the type of medication, dosage requirements, and
the name of the individual to whom the medication was prescribed.
(4.1.4.2) Under no circumstances will
containers with different types of medication be allowed into any department
facility.
(4.1.4.3) The department
prohibits individuals from entry with any medication posing a threat to inmates
or institutional security. Individuals requiring medical injections
(needles/syringes) are required to leave the institution for such purposes and
then allowed to return.
(4.1.4.3.1) Do not bring
needles/syringes into any facility or leave them on the grounds of any facility
under any circumstances.
(4.1.5) If applicable, one
(1) copy of a notarized authorization to supervise a minor.
(4.1.6) Visitors with
authorized infants and small children.
(4.1.6.1) No more than five
(5) diapers, three (3) clear baby bottles, two (2) toddler sipper cups, and
three (3) clear jars of sealed (unopened) baby food.
(4.1.6.2) Baby wipes/towelettes
allowed if they are in a clear bag.
(4.1.6.3) Infant/baby
carriers are subject to search before entry into the institution. Visitors are required to remove the infant
from the carrier during the search.
4.2. Visitors who bring any items not listed above
or more than the permissible amounts will be required to find a secure location
for the item(s) for the duration of their visit, if the item(s) is not
considered contraband/illegal.
4.3. DO NOT
leave unattended children or animals on department property during visitation.
5. Contraband(s. 944.47 F.S.)/Illegal Items Prohibited on
Department Property: (Notice: Violation is a
felony and will be aggressively prosecuted.)
5.1 Any visitor found to be
in violation of these restrictions is subject to having their visitation
privileges suspended.
5.2 DO NOT possess,
introduce, or attempt to introduce any of the items in 5.4.1 to 5.4.8 into any
department facility.
5.3 DO NOT attempt to pass or
pass any of these items to any inmate, staff member, or other individual.
5.4 Contraband items found in
an unsecured area by a department staff may be seized and will not be returned
without the approval of the Director of Institutions.
(5.4.1) Any intoxicating
beverages;
(5.4.2) Any controlled
substances (to include, but not be limited to, any narcotic, hallucinogens,
marijuana, stimulant, or any drug affecting the central nervous system). The only exception is prescription
medications (see 4.1.4);
(5.4.3) Any cash over $25.00
per visitor, regardless of age;
(5.4.4) Any firearm, weapon,
or instrument that customarily is used, can be used, or designed as a dangerous
weapon.
(5.4.5) Visitors carrying
Mace canisters or on key chains, or similar products, will not be allowed to
enter any department facility and will be instructed to find a secure location
to place the item for the duration of their visit;
(5.4.5) Any explosive devices
or instruments;
(5.4.6) Any article(s) or
instrument(s) that may be used to aid in or attempting to effect an escape;
(5.4.7) Any cellular telephones
and/or recording devices;
(5.4.8) Any beeper/pager
unless required for medical/professional reasons. All approved beepers/pagers will be thoroughly inspected prior to
entering the institution.
6. Visitor Conduct:
6.1. Inmates/visitors are
allowed one embrace and one kiss at the beginning and end of a visit. Such
activity is not permitted during the visit.
(6.1.1) Lap sitting is not
allowed or any open or gross lewdness as defined by Chapter 800, Florida
Statutes is also prohibited.
6.2. Visitors will not give
anything to an inmate nor will they take anything from an inmate without prior
authorization from the Warden or designee.
(6.2.1) The only items
authorized to be passed is food and beverage items purchased from vending
machines by visitors.
6.3 Do not walk or drive
along the secure perimeter fence road;
6.4 Photographing buildings,
fences, grounds, staff members, inmates, or any area of state property that
incorporates correctional facilities is prohibited;
6.5 No loud playing of
vehicle radios while on department property;
6.6 No yelling at inmates or
loud, boisterous behavior while on department property;
6.7 Visitors are required to
keep children as orderly as possible during their visit so as not to disturbed
other inmates and visitors.
(6.7.1) Visitors unable to
control their children are subject to have their visit terminated;
6.8 Visitors are not allowed
to switch tables or visit with any other inmate(s).
6.9 No loitering on
department property.
7. Denial of Visitation: The Warden/Assistant and
Duty Wardens may deny a visitor entry, terminate the visit, or temporarily
suspend visitation privileges for reasons to include, but not be limited to:
7.1 Visitor is, or appears to
be, under the influence of drugs or alcohol;
7.2 Visitors 16 years and
older who do not complete a “Request for Visiting Privileges” form and/or
refuses to produce proper photo identification or falsifies information;
7.3 Visitors exceed the five
approved visitor limitation or visitation space is limited;
7.4 Inmate has already had
his/her scheduled visit for the day or the allowed visits for the month;
7.5 Visitor is disruptive
before their visit or the children accompanying are disruptive/unruly;
7.6 Visitor is not on the
inmate’s approved visiting list or it is not the inmate’s scheduled visiting
day;
7.7 Inmate refuses to visit
with the visitor;
7.8 Visitor does not meet the
department dress requirements;
7.9 Emergency situations;
7.10 A decision that the
visit may jeopardize the security and/or safety of staff, inmates, others, or
the institution;
7.11 Visitor attempts to
visit with more than one inmate at the same table and they are not immediate
family members;
7.12 Visitors completing a
visit with one inmate may not leave the institution and re-enter to visit with
a different inmate;
7.13 Visitors over the age of
18 whom refuse to be questioned or refuse to consent to be pat or strip
searched;
7.14 A minor refuses to be
questioned or refuses to consent to be pat or strip searched even if the
parent, legal guardian, or authorized adult consents to the search;
7.15 Refusal to submit to an
exit search is grounds for denial of future visits.
8. Visiting Hours:
8.1
Normally visiting hours are Saturday and Sunday from 9:00 AM to 3:00 PM and
8:00 AM to 2:00 PM Central Standard Time (CST).
8.2
Visitation registration begins at 8:15 AM (7:15 CST). No visitors are processed after 2:00 PM (1:00 PM CST).
Unwritten Rules for Visiting Union Correctional Institution:
The parking lot at the prison is not opened till 7:00 am. Visitors are no longer allowed to line up at the gate. Saturday and holiday visitors to UCI line up at the Handy Way located about a mile east of the UCI main gate. The death row visiting park is limited to 26 tables, and we suggest that you arrive early to secure a place in line. At approximately 6:55 am, the procession begins to move toward the prison. Visitors line up under the canopy at the main building, in the order in which they arrive at the Handy Way. At approximately 7:00, they are allowed in groups of five, to sign in. Please be sure, that you have a valid photo ID, and the tag number of your vehicle with you. If you have not registered as a visitor, you will be required to have your photo taken for the DOC records, your hand scanned and issued a visitor pin number. This number will be required at every visit. At approximately 8:30, the guards will begin calling names for passes and searches.
Sunday visitors need not line up at the Handy Way.
Visiting List Approval: Request a visitation form from your friend or loved one. After returning the completed form to the Institution you wish to visit, it takes approximately 6 weeks for approval. You will be notified by mail. Normally, a person is allowed to be on only one inmate’s visitation list.
NOTE: If you are applying from outside the continental U.S or its territories, you must attach a complete criminal history check from your local law enforcement agency to the application.
Special visits: Visitors travelling over 200 miles may request a special visit, allowing them two 6 hour visits instead of one. If your visit includes two weekends, then you may apply for two special visits. If the regular visiting day is Saturday, your special visit will be on Friday. If the regular visiting day is Sunday, your extra day will be on Monday. You can request a special visit by emailing; Christie.lynne@mail.dc.state.fl.us
Please read the visitation rules carefully. They are specific and are strictly enforced.
Directions to UCI
Directions: From East:
SR-16, 11 miles west of Starke on left. From North (MacClenny):
SR-121 south approximately 17 miles to SR-16 (before town of Raiford). Turn
left onto SR-16. Go approximately 2 miles. The Institution is on the right. From West (Lake City):
SR-100 approximately 23 miles to SR-121 (Lake Butler), turn left. Go
approximately 6 miles. Just outside town of Raiford turn right (east) onto
SR-16. Go approximately 2 miles. The Institution is on the right.
Directions to FSP
Directions: From East:
SR-16, 11 miles west of Starke on left. Go through archway, circle to left,
Administration Building (Red Brick) behind parking lot. From North:
(MacClenny) SR-121 south approximately 17 miles to SR-16 (before town of
Raiford). Turn left onto SR-16. Go approximately 3 miles, cross New River
Bridge. The Institution is on the
right. From South: US-301 north approximately 35 miles
north of Gainesville to Starke. Turn left onto SR-16 (Raiford Road) (West), go
approximately 11 miles. The Institution is on the left. From West (Lake
City): SR-100 approximately 23 miles to SR-121 (Lake
Butler), turn left, go approximately 6 miles, just outside town of Raiford turn
right (east) onto SR-16. Go approximately 3 miles, cross New River Bridge. The
Institution is on the right.
Local Cab: Veterans cab: 904 964 9117
Motels in Starke visitor friendly:
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Sleepy Hollow Motel 317 N. Temple Ave. HWY 301 Starke, Fl. 32091 904-964-5006 |
Deluxe Inn 1900 N temple Avenue Starke, Fl. 32091 904-964-5477
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Budget Inn 739 N Temple Avenue Starke, Fl 32091 904-964-7143 |
Days Inn 1101 N. Temple Avenue Starke, Florida 32021 940-964-7600 |
Affordable Lodging in Keystone
If you prefer alternative accomodations, the town of Keystone, just 10-15 minutes from Starke, offers rooms in a private home. Within walking distance of the local shopping center and restaurants, the home is situated near Keystone "beach", a large lake with sandy shores and bathing bridges, where you may swim and top off your tan during the day. You may choose sitting on the screened porch and overlooking the palm trees and oaks. One side of the house boasts a beautiful flower garden where you may want to enjoy the fresh air while writing letters, listening to the birds or simply relaxing. There is also a huge lawn with swing sets for your child’s enjoyment
All rooms have new beds. Clean linen and towels are provided, and there’s access to the kitchen and bathroom. Each room has it’s own TV. Besides the comfortable accommodation, other services are offered. If you are bringing children with you, babysitting will be provided for a small fee. If you need transportation, arrangements for airport pickups and drop offs in Jacksonville and trips to and from the prison are available. Rates are:
$195 per week – including pick up and drop of at Jax airport, 2 trips to the prison and back.
$135 per week – includes two trips to and from the prison. (If you have your own hire car breakfast will be included, which you can prepare at any times during the day).
$85 for a long weekend (including transportation as listed above)
The hostess speaks English, French and German. Please call Hannah for further information 904-964-7303.
PS: Prices may be changing but can be discussed with hostess so there will be no surprises.
FLIGHTS TO FLORIDA
We often hear from folks who are on the lookout for places that offer good deals on flights to visit loved ones in Florida. Here are a few websites suggested by some of our members that you might like to check out for low price quotes.
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Germany |
USA |
UK |
NETHERLANDS |
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www.exit-reizen.nl
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How to send money
Email to central.accounting@mail.dc.state.fl.us to request deposit forms or call the toll free number 1-866-209-7250, or by send a written request to:
Department Of Corrections
Financial Service Center
Centerville Station
P.O. Box 13600
Tallahassee, FL. 32317-3600
Instructions are on the back of the form. Please read and send your form and money order, cashiers check or bank draft to the following address. The funds will be credited to your inmate’s account and he will be notified.
Florida Department of Corrections
Inmate Bank
Centerville Station
PO Box 12100
Tallahassee, FL. 32317-2100
Inmate Bank in Tallahassee
central.accounting@mail.dc.state.fl.us - General Mail Address
straley.jeff@mail.dc.state.fl.us - Employee at Inmate Bank
You may also send funds by wire transfer using Western Union's Quick Collect Service. To locate a Western Union Agent Location in your area, call 1-800-325-6000. When you complete the Blue Quick Collect Payment Form (at the Agent Location) you must include the following information:
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Pay To: |
FL Dept. of Corrections |
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Code City: |
FLDOC |
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State: |
FL |
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Account Number: |
123456DOE |
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Attention: |
DOE, JOHN |
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The cost is $11.95. If sent before 8:00 PM, Monday - Friday, the funds will be posted to inmate's account the next day.You may also send funds using a credit card by calling Quick Collect by Phone at 1-800-634-3422. (Press 2 to send Q/C payment) or visit the web site at: www.westernunion.com.The fee for calling is determined by the amount you would like to send. (Additional bank charges may apply.) Quick Collect by Phone is not offered if the call originates from one of the following states: California, Connecticut, Florida, Kansas, Maine, Massachusetts, Minnesota, New York, & Oklahoma. Quick Collect via web site www.westernunion.com is available to all 50 states (some restrictions apply).
To check on a deposit, call the Western Union Customer Service at 1-800-238-5772.
Flyers with this information are also available in the visiting park at each Institution.
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DOC employees at UCI |
DOC employees at FSP |
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decker.paul@mail.dc.state.fl.us - Warden howard.bonita@mail.dc.state.fl.us - Secretary to Warden barry.ronald@mail.dc.state.fl.us - Assistant Warden bassett.sam@mail.dc.state.fl.us - Assistant Warden |
thompson.joseph@mail.dc.state.fl.us - Warden |
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***************************************************************************************************************
Florida Department of Corrections Web Site:
Death row information
http://www.dc.state.fl.us/oth/deathrow/index.html
Office of Family Services:
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The Office of Family Services is responsible for improving the communication between families, their incarcerated loved ones, and the department. Accordingly, the Family Ombudsman acts as a liaison between families and the department, ensuring that complaints related to transfers, medical conditions, physical abuse and other general concerns are analyzed, evaluated, and handled according to department procedures and applicable rules and statutes. The Family Ombudsman supervises the Correspondence Control Unit, coordinates with the Bureau of Legislative Affairs and Bureau of Public Affairs regarding family issues, makes recommendations to executive staff regarding family issues, and monitors institutional visitation.
Sylvia Williams, Family Ombudsman(850) 410-4243, SunCom 210-4243 |
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Rules Governing Books, Periodicals and Personal Communications
Complete regulations regarding the sending of publications to inmates and mail rules may be found in Index to Rules, Title 33, Department of Corrections.
http://www.dc.state.fl.us/secretary/legal/ch33/rulindex.html. We advise that you print the information and read it carefully. Violation of the rules may cause loss of writing and visitation privileges. Neither letters nor publications will be accepted if they contain subject matter that:
Depicts/describes construction or use of weapons, ammunition, bomb, chemical agents, incendiary devices.
Depicts/encourages/describes methods of escape or contains blueprints, drawings, descriptions of facilities or maps that facilitate escape.
Depicts/describes procedures for brewing alcoholic beverages or manufacture of drugs or other intoxicants. Is written in code.
Depicts/encourages/describes activities leading to use of physical violence or group disruption.
Encourages/instructs in the commission of criminal activity. Is dangerously inflammatory in that it advocates or encourages riot, insurrection, institutional disruption, or violation of department rules. Threatens physical harm, blackmail or extortion.
Depicts sexual conduct as follows: actual or simulated sexual intercourse; sexual bestiality; masturbation; actual contact with a person's unclothed genitals, pubic area, buttocks, or, female breast; any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed.
Depicts nudity or a lewd exhibition of genitals in such a way as to create the appearance of sexual conduct is imminent Display of contact or intended contact with a person's unclothed genitals, pubic area, buttocks or female breasts orally, digitally or by foreign object.
Display of sexual organs in an aroused state. Contains criminal history, offender registration, or other personal information about another inmate or offender, which , in the hands of an inmate, presents a threat to the security, order or rehabilitative objectives of the correctional system or to the safety of any person; Contains or appears to contain unknown or unidentifiable substances; or Otherwise presents a threat to the security, order or rehabilitative objectives of the correctional system or the safety of any person. Finally, ensure you are familiar and comply with the requirements of 33-501.401 (10) through (13). Briefly they are: Inmates, except for those in Close Management, may subscribe to no more than one daily or weekly newspaper and four other periodicals. Inmates in Close Management are limited to one (1) newspaper and one (1) periodical subscription. An inmate is not allowed to keep more than one copy of any volume, issue or edition of any book, periodical or other publication. (For example: may keep January and February 2003 issues, but not two copies of the January 2003 issue.) Inmate must be able to store the materials in his/her personal living area. Unless otherwise provided in 33-601.800, inmates are limited to possession of 4 books. Religious materials, law books (not in the institution's law library), and books received pursuant to an approved correspondence study course do not count against this limit. For security concerns, inmates at Florida State Prison Main Unit or in death row and close management status other institutions are not allowed to receive hard-bound books. Books, periodicals or other publications must be sent directly to an inmate from a publisher, mail order distributor, or bookstore. DO NOT attempt to send a package of any type to inmate--it will be rejected. Books, periodicals or other publications forwarded to inmates must be sent through the United States Postal Service. Materials delivered by package delivery services, such as United Parcel Service (UPS), Fed Ex, etc., will be refused. For more information on Admissible Reading Materials, please contact
faq-libraryservices@mail.dc.state.fl.us.There is no limit to the number of pages allowable in written correspondence.
Greeting cards may not contain electronic or other non-paper parts, cards which are constructed in such a way as to permit concealment of contraband, or be are larger than 8"x10".
Up to 5 pages of additional materials, may be enclosed in each letter. Pages can be no larger than 8 1/2 x 14 inches in size, and may be printed on both sides. No bound publications which are allowed. Individual newspaper or magazine articles or clippings or clippings from other publications are permissible, within the 5 page limit No item may be glued, taped, stapled or otherwise affixed to a page. No decorative stickers are allowed either on envelopes or letters. No photocopied books are accepted. Requests to send enclosures of greater than five pages shall be made to the warden or his designee prior to sending the material. Exceptions to the five page limitation are intended for enclosures concerning legal, medical, or other significant issues, and not for material for general reading or entertainment purposes. The warden shall advise the sender and the mail room of his approval or disapproval of the request. Photographs will be counted toward the 5 page additional materials limitation. Nudity or sexual content is not allowed. Polaroid photographs will not be permitted. Photographs shall not exceed 8"x10". Exceptions to the 5 page limitation for additional materials include: self-addressed stamped envelopes (10), the equivalent of 20 (1 ounce) first class stamps, blank greeting cards (no larger than 8"x10", limit 10), stationery or other blank paper or envelopes. The following items are not permissible for inclusion in or attachment to routine mail addressed to an inmate: Non-paper items; Items of a non-communicative nature such as lottery tickets or matchbooks; Stickers or stamps (other than postage stamps, postal service attachments, and address labels affixed to the outside of the envelope); Address labels (other than those affixed to the outside of the envelope); Laminated cards or other laminated materials. When an inmate is prohibited from receiving any item of mail, the inmate and the sender will be given notice in writing that the mail has been disapproved stating one of the authorized reasons for disapproval. The Unauthorized Mail Return Receipt, Form DC2-521, will be placed in the original envelope with the correspondence and returned to the sender. If contraband is discovered in the mail (other than contraband of an illegal nature), the contraband item and the correspondence will be returned to the sender with the Unauthorized Mail Return Receipt included. When an inmate is transferred or released, routine mail addressed to the inmate at his old institution shall be treated as follows: For 1 month after the transfer or release, all first-class and second-class mail will be returned to the post office within 10 working days of receipt with a forwarding address, if available, and a request will be made to postal authorities to forward. All postage due is the responsibility of the inmate and must be paid in accordance with postage regulations. At the end of the 1-month period, all first-class and second-class routine mail will be returned to the U.S. Postal Service with no attempt to have mail forwarded. From the date of transfer or release, all routine mail other than first-class and second-class will be returned to the U.S. Postal Service for its disposition. Inmates may not send mail to any person who has advised the warden that he does not wish to receive mail from the inmate. The parents or legal guardians of a person under the age of 18 may advise that mail is not to be sent to such person. Upon receipt of such advisement, the warden will cause to be prepared an acknowledgment specifying that the inmate will not be permitted to send mail to the person requesting the correspondence restriction and that such person should return any further mail received from the inmate and notify the warden of the attempt to correspond. After the inmate is notified of the correspondence restriction, any further attempt to correspond will be considered a violation of Administrative Rule 33-210.102 and of Section 9-14 of the Rules of Prohibited Conduct, (Administrative Rule 33-601.314, F.A.C.) and will subject the inmate to disciplinary action.
Computer:
Create and print your own special and personal stationary for your loved one.
Pre print envelopes - often. (It’s nice, and the canteen price of the “lopes“ is way high)
Send jokes, articles,
anything of interest, that you find when surfing the “net”.
Holidays
Send blank greeting cards for them to mail to family and pen pals. These cannot be purchased through canteen. If you find them on sale, send a lot so they can pass to those who have nothing. Do not send them boxed.
Send doilies and napkins fitting the season. That is really appreciated.
Bookmarks are allowed as long as they are not laminated. Pretty ones can be found at many bookstores.
Other
The men are allowed one religious pendant with a chain. They have to ask the chaplain for a request form for a pendant. Once they get that they can send it to you and you can find one for them. The pendant has to be returned to the institution with the yellow “approval for a pendant” form. The rules specify that the pendant may not cost more than 25 dollars so make sure the store include the receipt.
They are also allowed to get Wall calendars. You can get really pretty calendars with beautiful pictures that will be very welcomed in a “room” stripped for anything.
Check out radio stations in the area that takes requests. It is a real treat for the guys to hear a personal message or song on the radio.
Send Special Art Paper (10 sheets at a time). Card Stock can be purchased at any office supply store.
Make sure they always have stamps enough. No more than 20 at a time, and not too many so they get in trouble
Photos
Home, yourself, relatives, your garden, pets, anything that make the guys feel they are still part of, and up to date with what happens in your life. Only five at a time.
Books and Subscriptions
You can order books on the net or have the books sent directly from a bookstore. Remember you are not allowed to send books yourself. www.Booksamillion.com is a great place to go to. Or you can use www.Amazon.com that also has used books that are allowed at the prison. Just make sure you chose a seller whose email has to do with books. If the email is a private name they won’t get the book. Also remember that hard cover books are allowed but will be ripped and stripped, so no need to buy that if you can get a cheaper paperback.
A real hit is to get a newspaper subscription from their hometown. Even just a weekend subscription is great.
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Postconviction Time Frames |
Motions and time frames for the filing. Also included is the applicable Rule of Criminal Procedure.
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Event |
TIME FRAME EXPLANATION & REFERENCE |
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Appointment of collateral counsel |
(By FSC) At the time of the mandate. 3.851(b)(1) |
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Notice of appearance in trial court |
30 days from appointment by FSC. 3.851(b)(2) |
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Motion to withdraw as counsel |
30 days from appointment by FSC. 3.851(b)(2) |
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Order on motion to withdraw |
15 days from motion to withdraw. 3.851 (b)(3) |
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Appointment of substitute counsel |
15 days from motion to withdraw. 3.851(b)(3) |
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Assignment of trial judge |
30 days from issuance of mandate. 3.851(c)(1) |
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Initial status conference |
Not later than 90 days after judicial assignment. 3.851(c)(2) |
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Subsequent status conferences |
At least every 90 days after initial conference. 3.851(c)(2) |
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Filing of initial postconviction motion; contents of initial motion: 3.851(e) |
One year from final decision on direct appeal. 3.851(d)(1) |
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Filing of answer to initial motion |
Within 60 days of the filing of initial motion. 3.851(f)(3)(A) |
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Filing of successive motion |
3.851(e)(2); also has specific pleading
requirements, 3.851 |
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Filing of answer to successive motion |
Within 20 days of filing of successive motion. 3.851(f)(3)(B) |
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Filing of amendment to the 3.851 motion |
Up to 30 days before evidentiary hearing, upon motion and good cause shown. 3.851(f)(4) |
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Filing of amended answer to amended motion |
If amendment allowed, within 20 days after amended motion is filed. 3.851(f)(4) |
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Case management conference - initial motion |
90 days after filing of the answer. 3.851 (f)(5)(A) |
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Case management conference - successive motion |
30 days after filing of the answer. 3.851(f)(5)(B) |
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Evidentiary hearing - initial motion |
90 days after the case management conference. 3.851(f)(5)(A)(i) |
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Evidentiary hearing - successive motion |
60 days after the case management conference. 3.851(f)(5)(B) |
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Motion to extend time for hearing |
Up to 90 additional days for good cause. 3.851(f)(5)(C) |
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Time for ordering transcript |
Immediately after evidentiary hearing. 3.851 (f)(5)(D) |
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Time for production of transcript |
30 days from hearing. 3.851(f)(5)(D) |
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Time for rendition of final order |
30 days from receipt of transcript. 3.851 (f)(5)(D) |
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Motion for rehearing |
15 days from rendition of final order. 3.851(f)(7) |
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Response to motion for rehearing |
10 days from filing of motion for rehearing. 3.851(f)(7) |
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A |
B |
C |
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Step 1:
Trial & sentence in Florida State trial court. |
Step 4:
State postconviction motion in state trial court (Rule 3.850 motion). |
Step 7:
Federal habeas corpus petition in federal district court. |
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Step 2:
Affirmance of conviction and sentence on direct / plenary appeal to Florida Supreme Court. |
Step 5:
Appeal to Florida Supreme Court of state postconviction motion (Rule 3.850 motion); filing of original proceedings. |
Step 8:
Appeal to 11th Circuit Court of Appeals.
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Step 9:
Request for plenary review (cert.) in U.S. Supreme Court. |
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Step 3:
Request for plenary review (cert.) in U.S. Supreme Court. |
Step 6:
Request for plenary review (cert.) in U.S. Supreme Court. |
Step 10:
Executive clemency. |
In Florida, the litigation stages from imposition of death sentence to execution can be diagramed as shown.
As the diagram illustrates, the capita appeals can be divided into three clusters of stages: the trial & direct appeal stage (column A), the state postconviction stage (column B), and the federal habeas corpus stage (column C).
At the beginning of the first cluster of steps, there is a traditional trial to determine guilt or innocence (step 1). This is followed by a penalty phase, which constitutes, in essence, a separate trial on the issue of sentencing (step 1). Following a conviction of a capital offense and imposition of the death penalty, the condemned person in Florida has a right to a direct (plenary) appeal to the Florida Supreme Court (step 2). On direct appeal, the inmate argues that legal errors at the trial require a retrial or resentencing. Only legal issues appearing within the trial record can be raised on direct appeal.
If the Florida Supreme Court rules against the prisoner on direct appeal, he or she may attempt to convince the U.S. Supreme Court that his or her case is worthy of the Court’s consideration by filing a certiorari (cert.) petition (step 3) and then, if unsuccessful, may seek postconviction relief in state court (step 4).
The petitioner then moves into the steps shown in column B of the diagram, the state postconviction cluster of steps. Filing a state postconviction motion (step 4) – in Florida called a a Rule 3.850 motion
–
provides a procedural mechanism for raising claims that were not or could not have been raised at trial or on direct appeal. These Rule 3.850 motions typically raise claims that are outside of the trial record (record-based claims must be raised earlier, on direct appeal). The quintessential Rule 3.850 motion claim is a claim of ineffective assistance of trial counsel – an argument that trial counsel should have conducted a more thorough pretrial factual investigation into the defendant’s background and life history. Because presentation of evidence that trial counsel did not investigate (and therefore present at trial) requires postconviction counsel to go outside of trial record, such extra-record-based claims are properly presented in a Rule 3.850 motion.
Such a motion must be initiated in the state trial court and, if denied, appealed to the Florida Supreme Court (step 5). State postconviction litigation may also be initiated in the state appellate courts (step 5). Following Florida Supreme Court affirmance of the trial court’s denial of the Rule 3.850 motion and denial of any litigation initiated directly in the Florida Supreme Court, the prisoner may seek cert. in the U.S. Supreme Court (step 6).
Following exhaustion of state postconviction litigation and denial of cert. in the U.S. Supreme Court, the Florida inmate moves into the steps shown in column C of the diagram and is entitled to petition in the federal district court for a writ of habeas corpus mandating retrial or resentencing (step 7). Think of a federal habeas corpus petition as a combination of all direct appeal (column A) issues and state postconviction (column B) issues (or, step 7 = column A trial-record-based issues + column B outside-trial-record-issues). If the habeas petition is denied in federal district court, the prisoner then appeals to the 11th Circuit Court of Appeals (step 8). Then, if the inmate loses in the appellate court, he or she may seek cert. in the U.S. Supreme Court (step 9). At any time following direct appeal, a condemned prisoner may file an application for executive clemency or pardon (step 10). In Florida, a grant of clemency requires the votes of the governor and a majority of the executive cabinet.
At any point beyond the plenary direct appeal, an execution date may be set by the governor. Once a date is set, the condemned inmate must obtain a stay of execution in order to remain alive to pursue postconviction remedies in state and federal courts.
Post Conviction Appeals
1. In Florida the judgment of conviction and sentence of death are automatically appealed to the Supreme Court of Florida and disposition rendered within 2 years after the filing of the notice of appeal. This “direct” or “plenary” review by the Supreme Court shall have priority over all other cases.
2. A petition for writ of certiorari to the US Supreme Court can then be filed. The inmate can challenge any aspect of his trial and sentence that may have violated his rights under the US Constitution.
3. A clemency petition or a pardon from the Governor and the Cabinet can be sought.
4. If the US Supreme Court decides against the inmate, a Rule 3.850 Motion for Post Conviction Relief in Trial Court can then be filed. This post conviction appeal involves issues collateral to the question of guilt or innocence. It looks at whether or not the death row inmate’s sentencing proceedings were in accordance with his rights under the Constitution.
5. An appeal of denial of the Rule 3.850 Motion and Florida state law Petition for Writ of Habeas Corpus can be brought before the Supreme Court.
6. If the Florida Supreme Court decides against the death row inmate, a Petition for Writ of Habeas Corpus in the appropriate Federal District Court can be filed.
7. If the Federal District Court decides against the death row inmate, then an appeal of the denial can be taken to the 11th Circuit Court of Appeals in Atlanta.
8. If the Federal Court denies the appeal, a Petition for Writ of Certiorari to the US Supreme Court may be filed.
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CCADP |
CUADP |
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DOAH |
FLABAR |
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Florida Capital
Cases Commission |
Florida Clerks |
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Florida Counties
Websites |
Florida DOC |
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Florida State
Courts |
Gavel to Gavel |
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Make The Wall
Transparent |
NCADP National Coalition to Abolish The Death Penalty |
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Prison Talk |
Pro Bono Institute |
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FADP Floridians for alternatives to the death penalty http://www.fadp.org |
Our Own Web page Florida death row advocacy group http://.www.FDRAG.org
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INNOCENCE Projects
The Innocence Project
Barry C. Scheck
Brookdale Center 55 Fifth Avenue
New York, New York 10003-4391
NOVA South Eastern University
Florida Innocence Project
Leo Goodwin Sr. Hall
3305 College Avenue
Fort Lauderdale, Florida 33314-7721
Death Penalty Legal Representation Project
For the Innocent
398 West Colorado Avenue Box 22-125
Telluride, Colorado, 81435
Centurion Ministries
32 Nassau Street 3rd floor
Princeton, New Jersey, 08542
NAACP legal Defense and education fund
Capital Defense project
99 Hudson Street, 16th floor
New York NY. 10013
Florida Death Row Advocacy Group114856 SE 25th AvenueStarke Florida 32091
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