CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
hbd-06 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) Ball offered the following:
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13 Amendment (with title amendment)
14 On page 34, line 3, through page 35, line 20
15 remove from the bill: all of said lines
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17 and insert in lieu thereof:
18 Section 17. Section 924.395, Florida Statutes, is
19 created to read:
20 924.395 Sanctions.--
21 (1) The Legislature strongly encourages the courts,
22 through their inherent powers and pursuant to this section, to
23 impose sanctions against any person within the court's
24 jurisdiction who is found by a court, in a capital
25 postconviction proceeding or appeal therefrom, to have:
26 (a) Abused a petition for extraordinary relief,
27 postconviction motion, or appeal therefrom;
28 (b) Raised a claim that a court has found to be
29 frivolous or procedurally barred or that should have been
30 raised on the direct appeal;
31 (c) Improperly withheld evidence or testimony; or
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HOUSE AMENDMENT
hbd-06 Bill No. CS/HB 1-A
Amendment No. (for drafter's use only)
1 (d) Adversely affected the orderly administration of
2 justice.
3 (2) Sanctions the court may and should consider, when
4 applicable and appropriate in a case, include, but are not
5 limited to:
6 (a) Dismissal of a pleading;
7 (b) Disciplinary sanctions;
8 (c) A fine; and
9 (d) Any other sanction that is available to the court
10 under its inherent powers.
11 Section 18. Section 922.108, Florida Statutes, is
12 created to read:
13 922.108 Sentencing orders in capital cases.--The
14 sentence of death must not specify any particular method of
15 execution. The wording or form of the sentencing order shall
16 not be grounds for reversal of any sentence.
17 Section 19. Paragraph (b) of subsection (6) of section
18 924.051, Florida Statutes, is repealed.
19 Section 20. The Legislature finds that centralized
20 case management of capital postconviction actions has the
21 potential to reduce delays and should be considered. The
22 Legislature requests that the Florida Supreme Court study the
23 feasibility of a requirement that all capital postconviction
24 actions be filed in the Florida Supreme Court as proposed by a
25 member of the Supreme Court Committee on Postconviction Relief
26 in Capital Cases (Morris Committee). The Legislature
27 recognizes that such a reform may substantially enhance
28 judicial efficiency and may initially necessitate additional
29 workload funding. If the Supreme Court finds that centralized
30 case management is a more efficient model, the Court shall
31 estimate the implementation costs. The Legislature requests
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HOUSE AMENDMENT
hbd-06 Bill No. CS/HB 1-A
Amendment No. (for drafter's use only)
1 that the Court submit any recommendation to the Governor, the
2 Senate, and the House of Representatives before January 1,
3 2001.
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6 ================ T I T L E A M E N D M E N T ===============
7 And the title is amended as follows:
8 On page 2, lines 22-27,
9 remove from the title of the bill: all of said lines
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11 and insert in lieu thereof:
12 billings of assigned counsel; creating s.
13 924.395, F.S.; providing for sanctions;
14 creating s. 922.108, F.S.; providing for
15 sentencing orders in capital cases; repealing
16 s. 924.051(6)(b), F.S., relating to the
17 imposition of limitations on the filing of
18 motions for collateral or other postconviction
19 relief and the calling of expert witnesses;
20 requesting the Supreme Court to study the
21 feasibility of requiring all capital
22 postconviction actions to be filed in the
23 Supreme Court and requesting the court to
24 submit its recommendations by a certain date;
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