IN THE CIRCUIT COURT OF THE

EIGHTH JUDICIAL CIRCUIT, IN AND

FOR BRADFORD COUNTY, FLORIDA

THOMAS H. PROVENZANO,

Plaintiff,

vs. CASE NO.: 99-286CFA

STATE OF FLORIDA,

Defendant.

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ORDER SCHEDULING FURTHER PROCEEDINGS ON PROVENZANO’S COMPETENCY TO BE EXECUTED

THIS MATTER came before this Court pursuant to the opinion and mandate of the Supreme Court of Florida in Provenzano v. State, No. 96,453 (Fla. Sept. 23, 1999), remanding this matter and directing that this Court hold further proceedings on Plaintiff, Thomas Harrison Provenzano’s, competency to be executed. On Monday, September 27, 1999, the Court held a telephonic status conference on this matter.

Based upon the representations made by counsel for Provenzano and counsel for the State at said telephonic status conference, it is hereby ORDERED that:

1) On Monday, October 11, 1999, at 9:00 a.m., or as soon thereafter as counsel may be heard, in Courtroom 9A, of the Polk County Courthouse, 255 North Broadway, Bartow, Florida, further proceedings regarding Provenzano’s competency to be executed will be held before the Honorable E. Randolph Bentley. Said proceedings will continue through October 15, 1999, if necessary.

2) Counsel for Provenzano shall fax Provenzano’s witness list for said proceedings to counsel for the State no later than 5:00 p.m., today, September 27, 1999, and shall thereafter provide a hard copy of the witness list to the State by mail.

2) Counsel for the State shall fax the State’s witness list to counsel for Provenzano no later than 5:00 p.m., Friday, October 1, 1999, and shall thereafter provide a hard copy of the witness to Provenzano’s counsel by mail.

3) Provenzano and the State are granted until 5:00 p.m., Tuesday, October 5, 1999, to advise the Court as to any witness availability problems.

4) All original documents filed in this matter prior to the commencement of this hearing shall be filed with the Clerk of the Court for Bradford County, Florida, and copies of all documents shall be faxed to Judge E. Randolph Bentley in care of Erin J. O’Leary, Senior Trial Court Staff Attorney, Ninth Judicial Circuit of Florida, at (407) 836-0453.

DONE and ORDERED on this 27th day of September, 1999.

EDWARD R. BENTLEY

Senior Judge

FSC Order 2000R-285

I HEREBY CERTIFY that on this 27th day of September, 1999, the original of this Order was furnished by Federal Express, and that a copy of this Order was transmitted by facsimile transmission to the Honorable Ray Norman, Clerk of Court, Bradford County, 945 N. Temple Avenue, Starke, Florida 32091, fax # (904) 964-4454; and that a true and correct copy of the foregoing was furnished by U.S. mail and facsimile transmission to:

1) Carol M. Dittmar, Assistant Attorney General, Westwood Center, Suite 700, 2002 North Lois Avenue, Tampa, Florida 33607-2366, fax (813) 871-7834;

2) John Moser, Capital Collateral Regional Counsel - Middle, and Michael P. Reiter, Chief Assistant CCRC, 3801 Corporex Park Drive, Suite 210, Tampa, Florida 33619, fax (813) 740-3554;

3) Tanya Carroll, Deputy Clerk Capital Cases, Supreme Court of Florida, Supreme Court Building, 500 South Duval Street, Tallahassee, Florida 32399-1925, fax (850) 488-2100.

Senior Trial Court Staff Attorney