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) Heyman offered the following:

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13         Amendment (with title amendment) 

14         On page 34, line 24 through page 35, line 20 of the

15  bill

16  remove from the bill:  all of said lines

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18  and insert in lieu thereof:

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20         Section 18.  Section 924.395, Florida Statutes, is

21  created to read:

22         924.395  Sanctions.--

23         (1)  The Legislature strongly encourages the courts,

24  through their inherent powers and pursuant to this section, to

25  impose sanctions against any person over whom the court has

26  jurisdiction, who are found by a court, in a capital

27  postconviction proceeding or appeal therefrom, to have:

28         (a)  Abused a petition for extraordinary relief,

29  postconviction motion, or appeal therefrom;

30         (b)  Raised a claim that a court has found to be

31  frivolous or procedurally barred or that should have been

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    File original & 9 copies    01/05/00
    hmo0006                     11:16 pm         A0001-0105-365407




                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 1-A

    Amendment No.     (for drafter's use only)





 1  raised on the direct appeal; 

 2         (c)  Adversely affected the orderly administration of

 3  justice; or

 4         (d)  Improperly withheld evidence or testimony.

 5         (2)  Sanctions the court may and should consider, when

 6  applicable and appropriate in a case, include, but are not

 7  limited to:

 8         (a)  Dismissal of a pleading;

 9         (b)  Disciplinary sanctions;

10         (c)  A fine; and

11         (d)  Any other sanction that is available to the court

12  under its inherent powers.

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15  ================ T I T L E   A M E N D M E N T ===============

16  And the title is amended as follows:

17         On page 2, lines 26 through 27,

18  remove from the title of the bill:  all of said lines

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20  and insert in lieu thereof:

21         providing for sanctions; providing for

22         severability;

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    File original & 9 copies    01/05/00
    hmo0006                     11:16 pm         A0001-0105-365407