October 23, 2019
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The Florida Statutes

The 2009 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 924
CRIMINAL APPEALS AND COLLATERAL REVIEW
View Entire Chapter
Section 924.395, Florida Statutes 2009

924.395  Sanctions.--

(1)  The Legislature strongly encourages the courts, through their inherent powers and pursuant to this section, to impose sanctions against any person within the court's jurisdiction who is found by a court, in a capital postconviction proceeding or appeal therefrom, to have:

(a)  Abused a petition for extraordinary relief, postconviction motion, or appeal therefrom;

(b)  Raised a claim that a court has found to be frivolous or procedurally barred or that should have been raised on the direct appeal;

(c)  Improperly withheld evidence or testimony; or

(d)  Adversely affected the orderly administration of justice.

(2)  Sanctions the court may and should consider, when applicable and appropriate in a case, include, but are not limited to:

(a)  Dismissal of a pleading;

(b)  Disciplinary sanctions;

(c)  A fine; and

(d)  Any other sanction that is available to the court under its inherent powers.

History.--s. 17, ch. 2000-3.

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