Florida Statutes
Fla. Stat. § 79.05 (2025)
Compelling return and production of body.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 1
case, 1974–1974 · leading case: Oaks v. Wainwright, 305 So. 2d 1 (Fla. 1974).
Oaks v. Wainwright, 305 So. 2d 1 (Fla. 1974). “Section 79.05(1), F.S.A., which provides: "(1) Civil liability.”
— 79.05(1) — 1 case
Oaks v. Wainwright, 305 So. 2d 1 (Fla. 1974). “Section 79.05(1), F.S.A., which provides: "(1) Civil liability.”
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