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Florida Constitution Revision Commission

PUB 700609: Provide Persons Imprisoned or Facing Execution Solely Due to Procedural Technicalities With Access to Courts for Redress. by Shannon o Helton

ARTICLE I: DECLARATION OF RIGHTS, Section 21. Access to courts.

SECTION 21.Access to courts.

(a) The courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay.

(b) Notwithstanding any other law the courts shall be open to any person for redress after he or she is denied relief, thus resulting in him or her continuing to remain in prison or face execution, solely due to a procedural technicality despite a finding by a court, state or federal, that he or she was wrongfully convicted or is actually innocent. This provision shall apply both retroactively and prospectively.