Florida Statutes
Fla. Stat. § 27.06 (2025)
Habeas corpus and preliminary trials.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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27.06 Habeas corpus and preliminary trials.—The several state attorneys of this state shall represent the state in all cases of habeas corpus arising in their respective circuits, and shall also represent the state, either in person or by assistant, in cases of preliminary trials of persons charged with capital offenses in all cases where the committing trial court judge shall have given due and timely notice of the time and place of such trial. Notice of the application for the writ of habeas corpus shall be given to the prosecuting officer of the court wherein the statute under attack is being applied, the criminal law proceeding is being maintained, or the conviction has occurred.
History.—s. 3, ch. 5399, 1905; RGS 3010; CGL 4746; s. 4, ch. 29737, 1955; s. 4, ch. 73-334; s. 2, ch. 2004-11.
Notes of Decisions
Cited in 2
cases, 1958–1968 · leading case: City of Miami v. Gilbert, 102 So. 2d 818 (Fla. 3d DCA 1958).
City of Miami v. Gilbert, 102 So. 2d 818 (Fla. 3d DCA 1958). “See also 9 McQuillin, Municipal Corporations, § 27.06 (3d Ed. 1950).”
City of Fort Lauderdale v. King, 30 Fla. Supp. 115 (Fla. Cir. Ct., Broward Cty. 1968). “But as offenses against municipal ordinances providing penalties for certain acts in violation thereof are neither crimes nor misdemeanors, strictly speaking, within the meaning of the constitutional provision, or Section 27.06 . . . *118 and the court further said — The general…”
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