AMENDMENTS TO FLORIDA RULESOF CRIMINAL PROCEDURE -CAPITAL POSTCONVICTION PUBLICRECORDS PRODUCTION (TIMETOLLING)IN RE RULE OF CRIMINALPROCEDURE 3.851 (COLLATERALRELIEF AFTER DEATH SENTENCEHAS BEEN IMPOSED) AND RULE3.850 (MOTTON TO VACATE, SETASIDE, OR CORRECT SENTENCE).Nos. 92,026 & 82,322[June 25, 19981CORRECTED OPINIONPER CURIAM.After hearing oral argument in this causeand having examined recent legislationregarding the funding for representation ofcapital defendants in collateral proceedings,we toll the time requirements set forth inFlorida Rules of Criminal Procedure 3,85 1 and3.852 until October I, 1998, for all defendantslisted in appendix “B” of this opinion and untilSeptember 1, 1998, for all defendants listed inappendix “C. ”We further direct that byOctober 15, 1998, (1) the three CapitalCollateral Regional Counsels (CCRC) file withthis Court a complete inventory for eachcapital defendant represented by theirrespective offkes; and (2) the AttorneyGeneral file with this Court a list of thedefendants for whom private counsel has beenappointed, which includes the name andaddress of each such appointed privatecounsel.In Amendments to Florida Rules ofCriminal Procedure - Canital PostconvictionPublic Records Production (Time Tolling),No.92,026 (Fla. Jan. 15,1998)(Amendments), wetolledthetimerequirements set forth in Florida Rule ofCriminal Procedure 3.852 until June 1, 1998,for a number of capital defendants representedby the three CCRCs.’In that opinion, wedirected that each CCRC file inventories byMarch 1, 1998, with specific information foreach capital defendant represented by CCRC.Additionally, by separate order, we tolled,until June 1, 1998, the time for certaindefendants to comply with rule 3.85 1 as well.L&X In re Rule of Grim. Proc. 3.85 I (CollateralRelief After Death Sentence has beenImnosed) and Rule 3.850 (Motion to Vacate,Set Aside. or Correct Sentence), No. 82,322(Fla. Jan. 15, 1998).2 We tolled the timerequirements of these rules in part to allow thelegislature to examine and address theadministrative problemscurrently beingexperienced by CCRC as well as to address thecontention that additional funding is neededbefore rule 3.852 can be implemented.Motions for rehearing and/or clarification onthese two cases were filed. On April 8, 1998,using information supplied by CCRC in theMarch 1, 1998, inventories as well as‘For a history oflinic tolling ofrulc: 3.852, pleusc swour opinion in Amendments.2BYdrninistrativt: or&r, we extended the tolling lolune 25, 19%.information maintained here at this Court, weclarified which defendants were included in thetime tolling of rules 3.852 and 3.85 1. See Inre Rule of Crim. Proc. 3.85 1 (Collateral ReliefAfter Death Sentence has been Imposed) andRule 3.850 (Motion to Vacate. Set Aside. orCorrect Sentence), Nos. 82,322 & 92,026(Fla. Apr. 8, 1998) (Order).In tolling the time requirements of therules, we used the following criteria, whichwere obtained from the inventories submittedto this Court by the CCRCs: (I) nothing yetfiled in circuit court (tolled); and (2) rule 3.850motion filed to comply with federal one-yeartime limit and/or chapter 119 proceedingsongoing (tolled).Following our clarification we receivedthree new motions for clarification in thismatter: (1) one from CCRC-South, askingthat we toll the times for nine moredefendants; (2) one from private conflictcounsel contracted by CCRC-North, askingthat we toll the time for defendant Harry Jonesdue to inadequate funding for conflict counselto proceed; and (3) one from the State,asserting that certain defendants wereerroneously included in the time tolling list.By this opinion, we deny the motions forclarification, finding that any time tollingrequests for any defendant not included in oneof the attached appendices should be directed,on a case-by-case basis, to the court in whichthe case is pending.We turn now to other issues raised in thisproceeding. To adequately address thoseissues, we must evaluate and apply the recentlyenacted legislation concerning CCRC. InSenate Bill 898, the legislature repealed rule3.852 effective October 1, 1998. In SenateBill 1330, the legislature directed that arepository for archiving capital postconvictionpublic records must be established by theSecretary of State. Under that bill, aprocedureis established for primarilyexecutive branch agencies to send publicrecords to the repository within a short timeafter this Court issues its mandate in a capitalcase. This process is intended to assist ineliminating the often lengthy disputes overpublic records production in capital cases thatfrequently involve those agencies,Additionally, in Senate Bill 1328, thelegislature directed that, effective July I, 1998,private counsel is to be appointed by the trialcourt in any capital case in which ninety-onedays have elapsed since this Court issued itsmandate or, where a petition for certiorari wasfiled with the United States Supreme Court,ninety-one days have elapsed since the petitionwas denied; in any capita1 case in which thedefendant was previously represented byprivate counsel and is now unrepresented; orin any capital case where the trial court hasissued an order finding that a year and a dayhave elapsed since the commencement of theperiod for filing a motion for postconvictionrelief and a complete such motion has not beenfiled in the trial court. It appears that thisstatutory provision requires that any capitaldefendant whose ninety-day period has runprior to July 1, 1998, must have designatedcounsel by that date or else the AttorneyGeneral is to begin the notification process forhaving private counsel appointed by the trialcourt. We also recognize, however, that theregistry of attorneys will have to be establishedbefore trial courts can appoint private counselas required by the legislation and that a largenumber of attorneys will need to be included inthe registry because of the many capitalpostconviction defendants that may fall withinthe categories under which private counsel willhave to be appointed.Additionally, by court order, this Court hasestablished a Special Committee on FloridaRule of Criminal Procedure 3.852, which is3..charged with the responsibility of creatingproposed forms and amendments to the ruleconcerning the public records process. SeeAdministrative Order (Fla. Mar. 18, 1998).Because of the Legislature’s abolishment ofrule 3.852, this Court has now expanded thecommittee’s charge to include