Senate Bill sb2474

    Florida Senate - 2003                                  SB 2474

    By Senator Argenziano





    3-1394-03

  1                      A bill to be entitled

  2         An act relating to frivolous court filings;

  3         amending s. 944.279, F.S.; providing that

  4         disciplinary procedures for frivolous filings

  5         by a prisoner is applicable to a criminal

  6         proceeding or collateral criminal proceeding

  7         filed on or after a specified date; providing

  8         an effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Section 944.279, Florida Statutes, is

13  amended to read:

14         944.279  Disciplinary procedures applicable to prisoner

15  for filing frivolous or malicious actions or bringing false

16  information before court.--

17         (1)  At any time, and upon its own motion or on motion

18  of a party, a court may conduct an inquiry into whether any

19  action or appeal brought by a prisoner was brought in good

20  faith.  A prisoner who is found by a court to have brought a

21  frivolous or malicious suit, action, claim, proceeding, or

22  appeal in any court of this state or in any federal court,

23  which is filed after June 30, 1996, or who knowingly or with

24  reckless disregard for the truth brought false information or

25  evidence before the court, is subject to disciplinary

26  procedures pursuant to the rules of the Department of

27  Corrections. The court shall issue a written finding and

28  direct that a certified copy be forwarded to the appropriate

29  institution or facility for disciplinary procedures pursuant

30  to the rules of the department as provided in s. 944.09.

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    Florida Senate - 2003                                  SB 2474
    3-1394-03




 1         (2)  Effective for filings on or after June 30, 2003,

 2  this section shall This section does not apply to a criminal

 3  proceeding or a collateral criminal proceeding.

 4         (3)  For purposes of this section, "prisoner" means a

 5  person who is convicted of a crime and is incarcerated for

 6  that crime or who is being held in custody pending extradition

 7  or sentencing.

 8         Section 2.  This act shall take effect upon becoming a

 9  law.

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12                          SENATE SUMMARY

13    Provides that disciplinary procedures for frivolous
      filings by a prisoner is applicable to a criminal
14    proceeding or a collateral criminal proceeding filed on
      or after June 30, 2003.
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CODING: Words stricken are deletions; words underlined are additions.