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Florida Constitution Revision Commission

PUB 700381: Retroactivity of Judicially Decisions by Sean Kevin Gravel

ARTICLE I: DECLARATION OF RIGHTS, New Section.

Catchline: Retroactivity of Judicial Decisions

(1) In all cases in which the Supreme Court of the United States, the Supreme Court of Florida, or a Florida District Court of Appeal issues a decision regarding the constitutional validity a criminal statute, sentencing statute, rule of criminal procedure, or any other law affecting the Federal or State constituional rights of the criminally accused, such decisions shall be retroactive to the date the relevant provision of the Constitution of the United States or this Constitution were ratified.

(2) Individuals previously precluded from having their cases reviewed because constitutional decisions were not held to be retroactive to them shall no longer be precluded from relief. The Supreme Court of Florida shall promulgate a rule allowing such individuals to petition for relief within one year of the rule's promulgation.