HOUSE AMENDMENT

                                                Bill No. CS/HB 1-A

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Kosmas offered the following:

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13         Amendment 

14         On page 18, line 29 through page 19, line 11,

15  remove from the bill:  all of said lines

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17  and insert in lieu thereof:  were discovered, or would have

18  become known with the exercise of diligence.  Such claim shall

19  be barred pursuant to subsection (3) or s. 924.057 unless the

20  facts underlying the claim, if proven and viewed in light of

21  the evidence as a whole, would be sufficient to establish by

22  clear and convincing evidence that, but for the error alleged,

23  a fact finder would have had a reasonable doubt about the

24  defendant's guilt of the underlying offense.  Additionally,

25  the facts underlying this claim must have been unknown to the

26  defendant or his or her attorney and must be such that they

27  could not have been ascertained by the exercise of due

28  diligence prior to filing the earlier postconviction motion.

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    File original & 9 copies    01/06/00
    hmo0006                     09:51 am         A0001-0028-210519