Florida Statute 79.03 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 79
HABEAS CORPUS

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F.S. 79.03

79.03 Service of writ.—When issued, the writ shall be served by the sheriff of the county in which the petitioner is alleged to be detained on the officer or other person against whom it is issued, or in his or her absence from the place where the prisoner is confined, on the person having the immediate custody of the prisoner. When the sheriff of the county is the person holding the party detained, a delivery to or receipt of the writ by the sheriff is sufficient service.

History.—s. 2, ch. 3129, 1879; RS 1772; GS 2249; RGS 3572; CGL 5436; s. 29, ch. 67-254; s. 415, ch. 95-147.

F.S. 79.03 on Google Scholar

F.S. 79.03 on Casetext

Amendments to 79.03

Arrestable Offenses / Crimes under Fla. Stat. 79.03

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 79.03.

Annotations, Discussions, Cases:

Cases Citing Statute 79.03

Total Results: 20

CITY OF SARASOTA, OFFICER JUAN JAIMES v. ESTATE OF JOHN KAAFI, SOUCY

Court: District Court of Appeal of Florida | Date Filed: 2024-08-14

Snippet: "served upon the party to whom it is made." § 768.79(3). The statute then goes on to explain when and how

Cunningham v. Department of Health

Court: District Court of Appeal of Florida | Date Filed: 2024-01-03

Snippet: mitigating or aggravating circumstances.” § 456.079(3), Fla. Stat. (2022). The Board failed to do so here

Kimberley McQueary v. Florida Department of Health, State of Florida Board of Nursing

Court: District Court of Appeal of Florida | Date Filed: 2022-09-21

Snippet: order of . . . aggravating circumstances.” § 456.079(3), Fla. Stat. The board must “adopt by rule disciplinary

Jerry Leon Haliburton v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2021-06-17

Snippet: chance that Haliburton’s actual IQ is between 70 and 79.3 Dr. Frumkin testified that the 70- 79 range is

LAW OFFICES OF FRED C. COHEN, P.A. v. H.E.C. CLEANING, LLC.

Court: District Court of Appeal of Florida | Date Filed: 2020-02-05

Snippet: enforce the provisions of the statute. § 768.79(3), Fla. Stat. (2018). Similarly, the rule that

Palmentere Bros. Cartage Service, Inc. v. Heather Copeland and Phillip Copeland, her husband

Court: District Court of Appeal of Florida | Date Filed: 2019-07-29

Snippet: offer that included punitive damages. See § 768.79(3), Fla. Stat. (allowing subsequent offers and requiring

Sandra Kent Wheaton v. Mardella Wheaton

Court: Supreme Court of Florida | Date Filed: 2019-01-04

Citation: 261 So. 3d 1236

Snippet: to enforce the provisions of this section." § 768.79(3), Fla. Stat. (2018). Section 768.79 is implemented

Atlantic Civil v. Swift III

Court: District Court of Appeal of Florida | Date Filed: 2018-10-03

Citation: 271 So. 3d 21

Snippet: Proposal for Settlement,” pursuant to section 768.79.3 Swift and Key Haven filed a memorandum in opposition

Goersch v. City of Satellite Beach

Court: District Court of Appeal of Florida | Date Filed: 2018-07-16

Citation: 252 So. 3d 309

Snippet: for acceptance or enforcement under section 768.79(3), Florida Statutes (2013), or Florida Rule of Civil

TAKENDRICK CAMPBELL v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-06-08

Citation: 247 So. 3d 102

Snippet: cocaine conviction, 10.79 -3- years on the possession

Enoch D Hall v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2018-04-12

Snippet: Hall I, 107 So. 3d at 278-79. -3-

Haas Automation, Inc. v. Fox

Court: District Court of Appeal of Florida | Date Filed: 2018-04-04

Citation: 243 So. 3d 1017

Snippet: enforce the provisions of this rule.” Section 768.79(3) of the Florida Statutes (2016) provides that “[t]he

Oldcastle Southern Group, Inc. v. Railworks Track System Inc.

Court: District Court of Appeal of Florida | Date Filed: 2017-12-21

Citation: 235 So. 3d 993

Snippet: v. Reid, 930 So.2d 598 (Fla. 2006). Section 768.79(3), Florida Statutes (2014), requires service of the

Denise Melissa Campbell, L.P.N. v. Department of Health

Court: District Court of Appeal of Florida | Date Filed: 2017-12-18

Snippet: the Department’s disciplinary guidelines. § 456.079(3), Fla. Stat. (2015). And while the disciplinary

JOHN MCCOY v. R.J. REYNOLDS TOBACCO COMPANY

Court: District Court of Appeal of Florida | Date Filed: 2017-10-25

Citation: 229 So. 3d 827

Snippet: to enforce the provisions of this section.” § 768.79(3), Fla. Stat. (2014). Echoing the requirements of

Boatright v. Philip Morris USA, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2017-04-12

Snippet: to enforce the provisions of the statute. § 768.79(3). Similarly, rule 1.442(d) states that "[a]

Boatright v. Philip Morris USA, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2017-04-12

Citation: 218 So. 3d 962, 2017 WL 1363915, 2017 Fla. App. LEXIS 5018

Snippet: to enforce the provisions of the statute. § 768.79(3). Similarly, rule 1.442(d) states that “[a] proposal

Wheaton v. Wheaton

Court: District Court of Appeal of Florida | Date Filed: 2017-02-15

Citation: 217 So. 3d 125, 2017 WL 608523, 2017 Fla. App. LEXIS 2031

Snippet: enforce the provisions of this rule.” Section 768.79(3), Fla. Stat. (2015) provides similarly: “The

Fernandez v. Department of Health

Court: District Court of Appeal of Florida | Date Filed: 2013-08-14

Citation: 120 So. 3d 117, 2013 WL 4081026, 2013 Fla. App. LEXIS 12656

Snippet: noted above, we reversed (Fernandez I). Section 456.079(3), Florida Statutes (2008), gives the Board discretion

Fernandez v. Florida Department of Health, Board of Nursing

Court: District Court of Appeal of Florida | Date Filed: 2012-03-21

Citation: 82 So. 3d 1202, 2012 WL 933082, 2012 Fla. App. LEXIS 4478

Snippet: the guidelines. We acknowledge that section 456.079(3), Florida Statutes (2008), gives the Board discretion