Florida Statute 79.1 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 79
HABEAS CORPUS

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F.S. 79.01

79.01 Application and writ.—When any person detained in custody, whether charged with a criminal offense or not, applies to the Supreme Court or any justice thereof, or to any district court of appeal or any judge thereof or to any circuit judge for a writ of habeas corpus and shows by affidavit or evidence probable cause to believe that he or she is detained without lawful authority, the court, justice, or judge to whom such application is made shall grant the writ forthwith, against the person in whose custody the applicant is detained and returnable immediately before any of the courts, justices, or judges as the writ directs.

History.—s. 1, Sept. 16, 1822; s. 1, ch. 3129, 1879; RS 1771; GS 2248; RGS 3571; CGL 5435; s. 29, ch. 67-254; s. 413, ch. 95-147.

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Amendments to 79.01

Annotations, Discussions, Cases:

Cases Citing Statute 79.01

Total Results: 46

Conagra, Inc., a Corporation v. Robert C. Singleton, an Individual, D/B/A Singleton Shrimp Boats, Singleton Shrimp Boats, Inc., a Corporation

743 F.2d 1508, 224 U.S.P.Q. (BNA) 552, 1984 U.S. App. LEXIS 17817

Court of Appeals for the Eleventh Circuit | Filed: Oct 11, 1984 | Docket: 2308882

Cited 138 times | Published

Unfair Competition, Trademarks and Monopolies § 79.1 (1982). We examine each of these doctrines

Baggett v. Wainwright

229 So. 2d 239

Supreme Court of Florida | Filed: Nov 25, 1969 | Docket: 101174

Cited 65 times | Published

jurisdiction over habeas corpus proceedings. F.S. Section 79.01, F.S.A., confers similar jurisdiction to circuit

Alachua Reg. Juv. Detention v. To

684 So. 2d 814, 1996 WL 726865

Supreme Court of Florida | Filed: Dec 19, 1996 | Docket: 1482225

Cited 32 times | Published

Rubin, 122 So.2d 807 (Fla. 3d DCA 1960); see also § 79.01, Fla. Stat. (1995) ("[T]he court, justice, or judge

State v. Bolyea

520 So. 2d 562, 1988 WL 12562

Supreme Court of Florida | Filed: Feb 18, 1988 | Docket: 476897

Cited 24 times | Published

its constitution and implemented by statute, section 79.01, Florida Statutes (1985), that habeas relief

Sneed v. Mayo

66 So. 2d 865, 1953 Fla. LEXIS 1608

Supreme Court of Florida | Filed: Jul 31, 1953 | Docket: 2520380

Cited 23 times | Published

Justices did not conform with the requirements of section 79.01, Florida Statutes 1951, F.S.A., governing applications

Murray v. Regier

872 So. 2d 217, 2002 WL 31728885

Supreme Court of Florida | Filed: Dec 5, 2002 | Docket: 1706644

Cited 19 times | Published

petition to the Fourth District Court); see also § 79.01, Fla. Stat. (2000) ("[T]he court, justice, or judge

Thompson v. Secretary, Department of Corrections

595 F.3d 1233, 2010 U.S. App. LEXIS 1837, 2010 WL 298034

Court of Appeals for the Eleventh Circuit | Filed: Jan 27, 2010 | Docket: 1576423

Cited 10 times | Published

district court of appeal. See Fla. Stat. Ann. § 79.01 (2009) (vesting the state supreme court, district

Steele v. Kehoe

724 So. 2d 1192, 1998 WL 121499

District Court of Appeal of Florida | Filed: Mar 20, 1998 | Docket: 1734025

Cited 10 times | Published

is available to address this problem. [1] Section 79.01 Application and writ: When any person detained

Sullivan v. State Ex Rel. McCrory

49 So. 2d 794, 1951 Fla. LEXIS 1780

Supreme Court of Florida | Filed: Jan 5, 1951 | Docket: 1450964

Cited 10 times | Published

be discussed in this opinion. The statute, Section 79.01, Florida Statutes, same F.S.A., requires that

Collingsworth v. Mayo

37 So. 2d 696

Supreme Court of Florida | Filed: Sep 28, 1948 | Docket: 3273889

Cited 9 times | Published

without lawful authority"; as is required under section 79.01, Florida Statutes 1941, F.S.A. As to the averment

Taylor v. Wainwright

418 So. 2d 1095

District Court of Appeal of Florida | Filed: Aug 6, 1982 | Docket: 1288837

Cited 7 times | Published

petition, therefore, are accepted as true. See § 79.01, Fla. Stat. (1981); Velluci v. Cochran, 138 So

Jenrette v. Wainwright

410 So. 2d 575

District Court of Appeal of Florida | Filed: Feb 16, 1982 | Docket: 477969

Cited 7 times | Published

of this late and begrudging concession.[6] Section 79.01, Florida Statutes (1981), expressly provides

Clough v. State

136 So. 3d 680, 2014 Fla. App. LEXIS 1194, 2014 WL 340672

District Court of Appeal of Florida | Filed: Jan 31, 2014 | Docket: 60240057

Cited 5 times | Published

his petition for a writ of habeas corpus. See § 79.01, Fla. Stat. (2009). We have jurisdiction, see Fla

McLeroy v. State

704 So. 2d 151, 1997 WL 749240

District Court of Appeal of Florida | Filed: Dec 5, 1997 | Docket: 2576234

Cited 4 times | Published

jurisdiction where the petitioner is incarcerated. See § 79.01, Fla. Stat. (1995). However, petitions for writ

State Ex Rel. Renaldi v. Sandstrom

276 So. 2d 109

District Court of Appeal of Florida | Filed: Apr 16, 1973 | Docket: 1439137

Cited 4 times | Published

This is so because of the express provision of § 79.01 Fla. Stat., F.S.A., that the court (whether Supreme

Bradford B. Banks, Jr. v. State

211 So. 3d 1104, 2017 WL 651802, 2017 Fla. App. LEXIS 2161

District Court of Appeal of Florida | Filed: Feb 17, 2017 | Docket: 4609716

Cited 3 times | Published

Section 13 of the Florida Constitution, and section 79.01 of the Florida Statutes (2013).” Banks argued

Brown v. McNeil

22 So. 3d 741, 2009 Fla. App. LEXIS 17263, 2009 WL 3817867

District Court of Appeal of Florida | Filed: Nov 17, 2009 | Docket: 1639633

Cited 3 times | Published

he or she is detained without lawful authority. § 79.01, Fla. Stat. Appellant is currently detained by

Glinton v. Wille

457 So. 2d 563

District Court of Appeal of Florida | Filed: Oct 10, 1984 | Docket: 426399

Cited 3 times | Published

failure to file an affidavit as required by Section 79.01 of Florida Statutes; (2) failure to verify the

Piccirillo v. Wainwright

382 So. 2d 743

District Court of Appeal of Florida | Filed: Mar 28, 1980 | Docket: 1255742

Cited 3 times | Published

2d 435, 442 (Fla. 1971). [5] Florida Statutes, § 79.01, is, in pertinent part, as follows: "Whenever

D.F. v. State

248 So. 3d 1232

District Court of Appeal of Florida | Filed: Jun 5, 2018 | Docket: 64683050

Cited 2 times | Published

petition for writ of habeas corpus pursuant to section 79.01, Florida Statutes (2017), and section 394.459(8)

Quarles v. State

56 So. 3d 857, 2011 Fla. App. LEXIS 2677, 2011 WL 711998

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 2363188

Cited 2 times | Published

requiring a response from the detaining authority. § 79.01, Fla. Stat.; Fla. R. Civ. P. 1.630(d)(5). In order

Bonner v. State

866 So. 2d 163, 2004 WL 314484

District Court of Appeal of Florida | Filed: Feb 20, 2004 | Docket: 1273944

Cited 2 times | Published

or was being held without lawful authority. See § 79.01, Fla. Stat. The circuit court treated his petition

Kohler v. Sandstrom

305 So. 2d 76

District Court of Appeal of Florida | Filed: Nov 26, 1974 | Docket: 1512362

Cited 2 times | Published

evidence under oath, denying identity; and (that § 79.01, Fla. Stat. provides) that the state does not have

Hennig v. William G. Prummel, Jr., Sheriff of Charlotte County

198 So. 3d 17, 2015 Fla. App. LEXIS 11191, 2015 WL 4497724

District Court of Appeal of Florida | Filed: Jul 24, 2015 | Docket: 2679090

Cited 1 times | Published

detained without lawful authority. See § 79.01, Fla. Stat. (2014). In Stafford v. State

Franklin v. State

25 So. 3d 645, 2009 Fla. App. LEXIS 20494, 2009 WL 5152593

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 2548656

Cited 1 times | Published

he or she is detained without lawful authority. § 79.01, Fla. Stat. Petitioner is currently detained by

Seccia v. Wainwright

487 So. 2d 1156, 11 Fla. L. Weekly 960, 1986 Fla. App. LEXIS 7575

District Court of Appeal of Florida | Filed: Apr 23, 1986 | Docket: 64619065

Cited 1 times | Published

the cause of his imprisonment or restraint. Section 79.01, Florida Statutes. The application for the writ

Wayne A. Adams v. Ricky D. Dixon, Secretary, Florida Dept. of Corrections, and C. Maiorana, Facility Admin.

District Court of Appeal of Florida | Filed: Apr 23, 2025 | Docket: 69929796

Published

writ requiring the Department to respond. See § 79.01, Fla. Stat.; Fla. R. Civ. P. 1.630(d)(4)–(e); Jones

Robert Jones A/K/A Obadyah Baraq Yisrael v. State of Florida - State of Florida Department of Corrections and Florida Commission on Offender Review

District Court of Appeal of Florida | Filed: Jul 26, 2024 | Docket: 68980756

Published

requiring a response from the detaining authority. § 79.01, Fla. Stat. (2022); Fla. R. Civ. P. 1.630(d)(4)

SHIRD T. MYRICK v. MARK INCH, SECRETARY D. O. C.

District Court of Appeal of Florida | Filed: Sep 9, 2020 | Docket: 18420362

Published

a petitioner improperly seeks relief under section 79.01, the postconviction court may convert the [habeas]

D.F. v. State

District Court of Appeal of Florida | Filed: Jun 4, 2018 | Docket: 7172924

Published

petition for writ of habeas corpus pursuant to section 79.01, Florida Statutes (2017), and section 394.459(8)

Howarth v. Department of Corrections

220 So. 3d 485, 2017 WL 1534817, 2017 Fla. App. LEXIS 5947

District Court of Appeal of Florida | Filed: Apr 28, 2017 | Docket: 6058985

Published

properly, tiled pursuant to the provisions of section 79.01 of the Florida Statutes (2016), and' rule 1

Bradford v. State, Parole Commision

93 So. 3d 1180, 2012 WL 3139586, 2012 Fla. App. LEXIS 12616

District Court of Appeal of Florida | Filed: Aug 3, 2012 | Docket: 60310480

Published

detained by the State without lawful authority (see § 79.01, Fla. Stat.), the circuit court’s denial of the

ROBENSON v. McNeil

39 So. 3d 350, 2010 Fla. App. LEXIS 7701, 2010 WL 2219709

District Court of Appeal of Florida | Filed: Jun 4, 2010 | Docket: 2409984

Published

he or she is detained without lawful authority. § 79.01, Fla. Stat. Appellant is currently detained by

Newkirk v. Jenne

754 So. 2d 61, 2000 Fla. App. LEXIS 1987, 2000 WL 232765

District Court of Appeal of Florida | Filed: Mar 1, 2000 | Docket: 64796127

Published

section 5(b) of the Florida Constitution and section 79.01, Florida Statutes, provide that a circuit court

Carter v. State

693 So. 2d 111, 1997 Fla. App. LEXIS 4955, 1997 WL 231542

District Court of Appeal of Florida | Filed: May 9, 1997 | Docket: 64773324

Published

03(2)(a)4. and 893.13(l)(a)l„ Fla. Stat. (1995). . § 79.01(2), Fla. Stat. (1995). . §§ 784.021(l)(a), 775

Roy v. Tomlinson

639 So. 2d 1112, 1994 Fla. App. LEXIS 7295, 1994 WL 382916

District Court of Appeal of Florida | Filed: Jul 25, 1994 | Docket: 64749719

Published

provides no such authority to a county court. § 79.01, Fla.Stat. County courts exercise only the jurisdiction

Department of Health & Rehabilitative Services v. M.G.

584 So. 2d 600, 1991 Fla. App. LEXIS 7374, 16 Fla. L. Weekly Fed. D 2034

District Court of Appeal of Florida | Filed: Jul 31, 1991 | Docket: 64660961

Published

legal obligation to issue a writ pursuant to section 79.01, Florida Statutes (1989), there may be no need

In the Interest of M.S.

455 So. 2d 557, 9 Fla. L. Weekly 1877, 1984 Fla. App. LEXIS 14908

District Court of Appeal of Florida | Filed: Aug 27, 1984 | Docket: 64606700

Published

as *560such. First, it did not comply with section 79.01, Florida Statutes (1983), as there was no showing

Beckham v. State

397 So. 2d 449, 1981 Fla. App. LEXIS 19357

District Court of Appeal of Florida | Filed: Apr 28, 1981 | Docket: 64582158

Published

Porter, 60 Fla. 407, 53 So. 546 (1910). See Section 79.01, Florida Statutes (1979). An analogous construction

Polk v. Crockett

379 So. 2d 368, 1979 Fla. App. LEXIS 16322

District Court of Appeal of Florida | Filed: Dec 19, 1979 | Docket: 64574087

Published

39A C.J.S. Habeas Corpus § 168(c) (1976). And § 79.01, Fla.Stat., requires that such a petition shall

Cox v. State

180 So. 2d 467, 1965 Fla. App. LEXIS 3866

District Court of Appeal of Florida | Filed: Dec 1, 1965 | Docket: 64494745

Published

contrary or contradicting proof whatever, as here. Section 79.01, Florida Statutes, F.S.A., imposes the burden

O'Neal v. O'Neal

158 So. 2d 586

District Court of Appeal of Florida | Filed: Dec 20, 1963 | Docket: 60217343

Published

See Porter v. Porter, 60 Fla. 407, 53 So. 546; § 79.01, Fla.Stat., F.S.A. The rule, as I understand it

Negron v. Cochran

130 So. 2d 65

Supreme Court of Florida | Filed: May 10, 1961 | Docket: 60197536

Published

file a new or amended petition conforming to Section 79.01, F.S.A., and clearly showing by affidavit or

Wood v. Cochran

118 So. 2d 193

Supreme Court of Florida | Filed: Feb 12, 1960 | Docket: 60194358

Published

complaint. We think it appropriate to remind that Section 79.01, Florida Statutes, F.S.A., requires that an

Shoemaker v. Mayo

75 So. 2d 690, 1954 Fla. LEXIS 1823

Supreme Court of Florida | Filed: Nov 12, 1954 | Docket: 64486075

Published

habeas corpus, sworn to as the law requires, section 79.01, Florida Statutes 1951, F.S.A., and prayed for

Blackburn v. Jackson

74 So. 2d 80, 1954 Fla. LEXIS 1089

Supreme Court of Florida | Filed: Jul 30, 1954 | Docket: 64485906

Published

them bond, as the circumstances might suggest. Section 79.-01, Florida Statutes, F.S.A., governing applications