Florida Statutes
Fla. Stat. § 79.01 (2025)
Application and writ.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 47
cases (5 in the last 5 years), 1951–2025 · leading case: Clough v. State, 136 So. 3d 680 (Fla. 2d DCA 2014).
Clough v. State, 136 So. 3d 680 (Fla. 2d DCA 2014). “See § 79.01, Fla. Stat. (2009). We have jurisdiction, see Fla.”
Murray v. Regier, 872 So. 2d 217 (Fla. 2002). “2d DCA 1999) (declining to exercise jurisdiction over habeas petition challenging constitutionality of pretrial detention under Jimmy Ryce Act where petitioners were detained in the territorial jurisdiction of the Fourth District Court of Appeal and transferring petition to the…”
Thompson v. Sec'y, Dep't of Corr., 595 F.3d 1233 (11th Cir. 2010). “See Fla. Stat. Ann. § 79.01 (2009) (vesting the state supreme court, district courts of appeal, and circuit courts with concurrent original jurisdiction to issue writs of habeas corpus); see also id.”
Alachua Reg. Juv. Det. v. To, 684 So. 2d 814 (Fla. 1996). “" ) (emphasis added). Thus, the Fifth District Court could not have issued the writ to the Center because it is located in Alachua County, which falls outside the Fifth District's territorial jurisdiction and into that of the First District.”
State v. Bolyea, 520 So. 2d 562 (Fla. 1988). “In so holding, we reaffirm the long-standing policy of this state, expressed in article I, section 13 of its constitution and implemented by statute, section 79.01, Florida Statutes (1985), that habeas relief shall be freely grantable of right to those unlawfully deprived of…”
Sneed v. Mayo, 66 So. 2d 865 (Fla. 1953). “* * *" Although the informal communication sent by the prisoner to one of the Justices did not conform with the requirements of section 79.01, Florida Statutes 1951, F.S.”
Brown v. McNeil, 22 So. 3d 741 (Fla. 1st DCA 2009). “§ 79.01, Fla. Stat. Appellant is currently detained by the Florida Department of Corrections under the lawful authority of two judgments and sentences.”
Baggett v. Wainwright, 229 So. 2d 239 (Fla. 1969). “Section 79.01, F.S.A., confers similar jurisdiction to circuit judges.”
Jenrette v. Wainwright, 410 So. 2d 575 (Fla. 3d DCA 1982). “At oral argument, the respondent, for the first time, conceded that the facts set forth in Jenrette's affidavit should be accepted as true.”
Taylor v. Wainwright, 418 So. 2d 1095 (Fla. 5th DCA 1982). “See § 79.01, Fla. Stat. (1981); Velluci v. Cochran, 138 So.”
D.F. v. State, 248 So. 3d 1232 (Fla. 5th DCA 2018). “Petitioner filed a petition for writ of habeas corpus pursuant to section 79.01, Florida Statutes (2017), and section 394.”
Quarles v. State, 56 So. 3d 857 (Fla. 1st DCA 2011). “§ 79.01, Fla. Stat.; Fla. R. Civ. P. 1.630(d)(5).”
— 79.01(2) — 1 case
Carter v. State, 693 So. 2d 111 (Fla. 5th DCA 1997).
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