Florida Statutes

Fla. Stat. § 944.279 (2025)

Disciplinary procedures applicable to prisoner for filing frivolous or malicious actions or bringing false information before court.

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944.279 Disciplinary procedures applicable to prisoner for filing frivolous or malicious actions or bringing false information before court.—

(1) At any time, and upon its own motion or on motion of a party, a court may conduct an inquiry into whether any action or appeal brought by a prisoner was brought in good faith. A prisoner who is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal in any court of this state or in any federal court, which is filed after June 30, 1996, or to have brought a frivolous or malicious collateral criminal proceeding, which is filed after September 30, 2004, or who knowingly or with reckless disregard for the truth brought false information or evidence before the court, is subject to disciplinary procedures pursuant to the rules of the Department of Corrections. The court shall issue a written finding and direct that a certified copy be forwarded to the appropriate institution or facility for disciplinary procedures pursuant to the rules of the department as provided in s. 944.09.

(2) This section does not apply to a criminal proceeding.

(3) For purposes of this section, “prisoner” means a person who is convicted of a crime and is incarcerated for that crime or who is being held in custody pending extradition or sentencing.

History.—s. 5, ch. 96-106; s. 14, ch. 97-78; s. 1, ch. 2004-285.

Notes of Decisions

Cited in 661 cases (152 in the last 5 years), 1997–2026 · leading case: Hall v. State, 752 So. 2d 575 (Fla. 2000).

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Hall v. State, 752 So. 2d 575 (Fla. 2000). · cites it 24× “[3] Not only did the act provide statutory authority permitting the courts, upon a determination that the pleading was frivolous, to send that finding to the prisoner's institution for disciplinary action, see § 944.279, Fla. Stat. (1999); ch. 96-106, § 5, Laws of Fla.”

Isom v. State, 43 So. 3d 776 (Fla. 5th DCA 2010). · cites it 16× “Section 944.279 was amended, effective October 1, 2004, and now provides: 944.”

Clift v. State, 43 So. 3d 778 (Fla. 1st DCA 2010). · cites it 10× “We therefore find Appellant’s appeal to be frivolous, and write to refer Appellant to the Department of Corrections for disciplinary procedures in accordance with section 944.279, Florida Statutes (2004).”

Spencer v. Florida Dept. of Corr., 823 So. 2d 752 (Fla. 2002). · cites it 8× “" § 944.279, Fla. Stat. (2001). The department's rules specifically provide for discipline when a court finds that an inmate has filed a frivolous lawsuit.”

Saucer v. State, 736 So. 2d 10 (Fla. 1st DCA 1998). · cites it 13× “" This sanction is without the limiting language of section 944.279 and appears to apply in both civil and criminal proceedings.”

McCutcheon v. State, 117 So. 3d 769 (Fla. 2013). · cites it 6× “See § 944.279, Fla. Stat. (2012). McCutcheon has compiled a history of pro se filings in this Court that, like the instant habeas corpus petitions, were devoid of merit or inappropriate for review in this Court.”

Hedrick v. State, 6 So. 3d 688 (Fla. 4th DCA 2009). · cites it 4× “§ 944.279(1), Fla. Stat. (2008). However, disciplinary procedures may not be effective to deter those serving life sentences without eligibility for parole.”

Jimenez v. State, 196 So. 3d 499 (Fla. 3d DCA 2016). · cites it 4× “The trial court also adjudged that any violation of its order would result in the trial court referring the matter to the Department of Corrections , for appropriate disciplinary action pursuant to.”

Ibarra v. State, 45 So. 3d 911 (Fla. 4th DCA 2010). · cites it 6× “We reject appellant’s argument because the trial court only referred him to the Department of *914 Corrections under section 944.279, and did not prohibit pro se filings.”

Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003). · cites it 2× “In addition, it amended the gain time forfeiture statute to add that the filing of a pleading found frivolous by a court may also subject a prisoner to gain time forfeiture.”

Bradley v. State, 703 So. 2d 1176 (Fla. 5th DCA 1997). · cites it 7× “When the Florida legislature enacted chapter 96-106, Laws of Florida, which created section 944.279, Florida Statutes and amended section 944.”

Pettway v. McNeil, 987 So. 2d 20 (Fla. 2008). · cites it 2× “Further, if Pettway submits any more filings that violate this order, he may be subjected to further appropriate sanctions, including but not limited to, the Clerk of this Court forwarding a certified copy of this Court's finding that Pettway's filings are frivolous or malicious…”

Show all 661 citing cases →

— 944.279(1) — 459 cases

Hedrick v. State, 6 So. 3d 688 (Fla. 4th DCA 2009). “§ 944.279(1), Fla. Stat. (2008). However, disciplinary procedures may not be effective to deter those serving life sentences without eligibility for parole.”

Pettway v. McNeil, 987 So. 2d 20 (Fla. 2008). “Further, if Pettway submits any more filings that violate this order, he may be subjected to further appropriate sanctions, including but not limited to, the Clerk of this Court forwarding a certified copy of this Court's finding that Pettway's filings are frivolous or malicious…”

Ibarra v. State, 45 So. 3d 911 (Fla. 4th DCA 2010). “We reject appellant’s argument because the trial court only referred him to the Department of *914 Corrections under section 944.279, and did not prohibit pro se filings.”

Spera v. State, 971 So. 2d 754 (Fla. 2007).

McCutcheon v. State, 117 So. 3d 769 (Fla. 2013). “See § 944.279, Fla. Stat. (2012). McCutcheon has compiled a history of pro se filings in this Court that, like the instant habeas corpus petitions, were devoid of merit or inappropriate for review in this Court.”

— 944.279(2) — 4 cases

Isom v. State, 43 So. 3d 776 (Fla. 5th DCA 2010). “Section 944.279 was amended, effective October 1, 2004, and now provides: 944.”

Hall v. State, 752 So. 2d 575 (Fla. 2000). “[3] Not only did the act provide statutory authority permitting the courts, upon a determination that the pleading was frivolous, to send that finding to the prisoner's institution for disciplinary action, see § 944.279, Fla. Stat. (1999); ch. 96-106, § 5, Laws of Fla.”

Bradley v. State, 703 So. 2d 1176 (Fla. 5th DCA 1997). “When the Florida legislature enacted chapter 96-106, Laws of Florida, which created section 944.279, Florida Statutes and amended section 944.”

Saucer v. State, 736 So. 2d 10 (Fla. 1st DCA 1998). “" This sanction is without the limiting language of section 944.279 and appears to apply in both civil and criminal proceedings.”

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