Florida Statute 79.5 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 79
HABEAS CORPUS

View Entire Chapter

F.S. 79.05

79.05 Compelling return and production of body.—

(1) CIVIL LIABILITY.—Any person failing to return to the writ served on him or her with the cause of the prisoner’s detention, or to bring the body of the prisoner before the court, justice, or judge, according to the command of the writ for 3 days after the service shall forfeit and pay to the prisoner the sum of $300.

(2) BY PROCEEDINGS BY THE COURT.—A justice or judge in vacation may enforce obedience to any writ of habeas corpus and in cases pending before the Supreme Court, or any of the justices thereof, writs for the enforcement of obedience may be directed to the sheriff or other officer.

History.—ss. 3, 4, Sept. 16, 1822; ss. 3, 4, ch. 3129, 1879; RS 1774; GS 2251; RGS 3574; CGL 5438; s. 29, ch. 67-254; s. 416, ch. 95-147.

F.S. 79.05 on Google Scholar

F.S. 79.05 on CourtListener

Amendments to 79.05

Annotations, Discussions, Cases:

Cases Citing Statute 79.05

Total Results: 2

Kerlin v. State

352 So. 2d 45

Supreme Court of Florida | Filed: Jun 30, 1977 | Docket: 1757599

Cited 8 times | Published

should not be protected. McCormick on Evidence, § 79.[5] *52 Public policy favors such a restrictive construction

Oaks v. Wainwright

305 So. 2d 1

Supreme Court of Florida | Filed: Dec 17, 1974 | Docket: 457246

Cited 3 times | Published

1973 seeking $300 damages pursuant to F.S. Section 79.05(1), F.S.A., which provides: "(1) Civil liability