Senate Bill sb1596

    Florida Senate - 2004                                  SB 1596

    By Senator Smith





    14-1255-04

  1                      A bill to be entitled

  2         An act relating to disciplinary procedures

  3         applicable to a prisoner for filing frivolous

  4         or malicious actions; amending s. 944.279,

  5         F.S.; providing that if a court finds that a

  6         prisoner brought a frivolous or malicious

  7         collateral criminal proceeding that is filed

  8         after a specified date, the prisoner is subject

  9         to disciplinary procedures under the rules of

10         the Department of Corrections; providing an

11         effective date.

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

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15         Section 1.  Section 944.279, Florida Statutes, is

16  amended to read:

17         944.279  Disciplinary procedures applicable to prisoner

18  for filing frivolous or malicious actions or bringing false

19  information before court.--

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

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

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

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

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

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

26  which is filed after June 30, 1996, or to have brought a

27  frivolous or malicious collateral criminal proceeding, which

28  is filed after September 30, 2004, or who knowingly or with

29  reckless disregard for the truth brought false information or

30  evidence before the court, is subject to disciplinary

31  procedures pursuant to the rules of the Department of

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1596
    14-1255-04




 1  Corrections. The court shall issue a written finding and

 2  direct that a certified copy be forwarded to the appropriate

 3  institution or facility for disciplinary procedures pursuant

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

 5         (2)  This section does not apply to a criminal

 6  proceeding or a collateral criminal proceeding.

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

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

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

10  or sentencing.

11         Section 2.  This act shall take effect October 1, 2004.

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14                          SENATE SUMMARY

15    Provides that if a court finds that a prisoner has filed
      a frivolous or malicious collateral criminal proceeding
16    after a specified date, the prisoner is subject to
      disciplinary procedures under the rules of the Department
17    of Corrections.

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CODING: Words stricken are deletions; words underlined are additions.