In re AMENDMENT TO FLORIDA RULES OF CRIMINAL PROCEDURE CAPITAL POSTCONVICTION PUBLIC RECORDS PRODUCTION-RULE 3.852, 700 So. 2d 680

ORDER The offices of the Capital Collateral Representative (CCR) for the Northern, Middle, and Southern Regions have moved to toll the time under Florida Rule of Criminal Procedure 3.852 for the postconviction defendants for each region set forth in the list attached to this order and for the periods stated in such list.

The major bases asserted in the motions are to allow for the transition from a single CCR office to three regional offices and to allow sufficient time to hire the necessary lawyers to represent death penalty defendants in each of the regional offices in order to replace lawyers who have recently left the prior CCR office. . , We find that there presently exists a serious problem in both the staffing of the regional offices as well as how pending cases are assigned to ensure that the offices are separate and thereby can avoid the question of conflicts in their representations.

We conclude that we have no choice but to grant a tolling of rule 3.852 until January 15, 1998, for those postconviction defendants on the attached list, pending the filing of a detailed inventory and projected

schedule for processing of all of the cases for postconviction defendants for which each region of CCR has responsibility pursuant to

chapter 27, Florida Statutes. Such inventory and

schedule shall include not only the posteoilviction defendants whose names appear on the attached list but also all of the posteonvietion defendants for whom the region has filed motions under Florida Rule of Criminal Procedure 3.851and for other postconviction defendants who are to be represénted by a region of CCR, because by the date of the inventory their direct appeal has become final according to the provisions of rule 3.851 and

chapter 27, Florida Statutes. The inventory and

schedule is to provide a realistic expectation of the earliest date upon which an initial 3.851motion (or amended 3.851 motion if a motion was filed in March 1997 with leave to amend) will be filed on behalf of the postcon-viction defendants or if there is a motion already pending which is not within the March 1997 initial motions, when that motion will be ready for a hearing pursuant to rule 3.851(

c) or an evidentiary hearing if it had already been determined that an evidentiary hearing is necessary. We caution the parties that the requested extensions contained in this motion appear to be too long. It is our belief at this time that any further extensions in the filing under rule 3.852 will be of very limited duration because any such extensions will result in further delays in the filing of 3.851motions. It is ordered that each regional CCR office file the inventory and

schedule before December 30, 1997; that the attorney general may file a response to that plan on or before January 6, 1998; and that this Court will consider the plan and hear this matter in oral argument on January 8,1998. It is ordered that each regional CCR office file an inventory and plan for the filing of all rule 3.850 petitions and dispositions and disposition of all other pending matters on or before December 30, 1997; that the attorney general may file a response to that plan on or before January 6, 1998; and that this Court will consider the plan and hear this matter in oral argument on January 8,1998.

NORTHERN CAPITAL COLLATERAL REGIONAL COUNSEL Samuel Derrick 90 days Crosley Green 90 days Ronald Heath 90 days Frank Walls 90 days Gary Whitton 90 days Brett Bogle 90 days Curtis Windom 180 days Darryl Barwiek 180 days Mark Geralds 180 days Donald Dillbeck 180 days James Patrick Bonifay 180 days MIDDLE CAPITAL COLLATERAL REGIONAL COUNSEL John Marquard 90 days Patrick Hannon 90 days Alfred Fennie 90 days Derrick Smith 90 days Aileen Wuornos (I) 90 days Aileen Wuornos (II) 90 days George Brown 90 days David Pittman 90 days Charlie Thompson 90 days John Henry (I) 90 days John Henry (II) 90 days Henry Davis 90 days Michael Lockhart 90 days Victor Farr 90 days Anthony Washington 90 days James Dailey 90 days Charles Finney 90 days Guy Gamble 90 days James Hunter 90 days Emanuel Johnson (I) 90 days Emanuel Johnson (II) 90 days Aileen Wuornos (IV) 90 days SOUTHERN CAPITAL COLLATERAL REGIONAL COUNSEL Dwayne Parker 90 days Michael Griffin 90 days Lancelot Armstrong 90 days Henry Garcia 120 days Norberto Pietro 120 days Kenneth Watson 150 days Rodney Lowe 150 days Kenneth Foster 150 days Lloyd-Allen 180 days Robin Archer 180 days KOGAN, C.J., and OVERTON, GRIMES, HARDING and ANSTEAD, JJ., concur.

SHAW, J., concurs in result only. WELLS, J., concurs with an opinion.