Florida Statute 79.05 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 79
HABEAS CORPUS

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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 Casetext

Amendments to 79.05

Arrestable Offenses / Crimes under Fla. Stat. 79.05

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 79.05.

Annotations, Discussions, Cases:

Cases Citing Statute 79.05

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: duties created by section 768.79. 5 offeree to empower the survivor

JOSE NEGRON GIL DE RUBIO v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-05-10

Citation: 272 So. 3d 811

Snippet: would be reduced from 233.25 months (19.4 years) to 79.5 1Negron appealed other issues

Camellon v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-10-14

Citation: 178 So. 3d 910, 2015 Fla. App. LEXIS 15192, 2015 WL 5965226

Snippet: calculates that Camel-Ion's sentencing range was 79,5 to 132.5, months under the 1995 guidelines, and

Menendez v. West Gables Rehabilitation Hospital, LLC

Court: District Court of Appeal of Florida | Date Filed: 2013-09-18

Citation: 123 So. 3d 1178, 2013 WL 5225563, 2013 Fla. App. LEXIS 14831

Snippet: by the pleadings.”); Miller v. Ungar, 149 Fla. 79, 5 So.2d 598, 599 (1941) (“It is the duty of the court

R.J. Reynolds Tobacco Co. v. Townsend

Court: District Court of Appeal of Florida | Date Filed: 2012-02-14

Citation: 90 So. 3d 307

Snippet: Morris USA, Inc., 344 Or. 45, 176 P.3d 1255 (2008) ($79.5 million), and Boeken v. Philip Morris, Inc., 127

Kroener v. Florida Insurance Guaranty Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2011-06-22

Citation: 63 So. 3d 914, 2011 Fla. App. LEXIS 9613, 2011 WL 2462679

Snippet: filed. Once withdrawn, an offer is void.” § 768.79(5). In addition, Florida Rule of Civil Procedure 1

Attorneys' Title Insurance Fund, Inc. v. Gorka

Court: Supreme Court of Florida | Date Filed: 2010-04-01

Citation: 36 So. 3d 646, 35 Fla. L. Weekly Supp. 196, 2010 Fla. LEXIS 470, 2010 WL 1235268

Snippet: amounts attributable to each offer- or. See id. at 278-79.5 Thereafter, in *651Lamb v. Matetzschk, 906 So.2d

Sloss v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-03-31

Citation: 925 So. 2d 419, 2006 WL 846741

Snippet: of both counts to which he pled, and sentenced to 79.5 months' imprisonment, followed by 8.38 years of

Hibbard Ex Rel. Carr v. McGraw

Court: District Court of Appeal of Florida | Date Filed: 2005-12-02

Citation: 918 So. 2d 967, 2005 WL 3234411

Snippet: proposal for settlement are set forth in section 768.79[5] and Florida Rule of Civil Procedure *971 1.442

State v. Brooks

Court: District Court of Appeal of Florida | Date Filed: 2005-01-05

Citation: 890 So. 2d 503, 2005 WL 17404

Snippet: reflects that her lowest permissible prison sentence is 79.5 months, or 6.625 years, and that her maximum sentence

Liggett Group, Inc. v. Engle

Court: District Court of Appeal of Florida | Date Filed: 2003-05-21

Citation: 853 So. 2d 434, 2003 WL 21180319

Snippet: argument, the plaintiffs' brief boasts an award of $79.5 million dollars in punitive damages was entered

Gregg v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-02-19

Citation: 839 So. 2d 794, 2003 Fla. App. LEXIS 1822, 2003 WL 355308

Snippet: instead of a permitted sentencing range of 46.5 to 79.5 months pursuant to a proper scoresheet, which precluded

State v. Lemon

Court: Supreme Court of Florida | Date Filed: 2002-06-06

Citation: 825 So. 2d 927, 2002 WL 1207707

Snippet: which reflected Lemon's sentencing range as 47.7 to 79.5 months' imprisonment. The trial court sentenced

Javier v. Home Depot, U.S.A., Inc.

Court: District Court of Appeal of Florida | Date Filed: 2002-02-06

Citation: 813 So. 2d 110, 2002 Fla. App. LEXIS 1155, 2002 WL 181160

Snippet: the change in her circumstances. See section 768.79(5), Fla. Stat. (2000); Fla. R. Civ. P. 1.442(e). He

Brown v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-03-21

Citation: 781 So. 2d 484, 2001 WL 273893

Snippet: guidelines his sentencing scoresheet ranged between 79.5 and 132.5 points. The trial court denied Appellant's

Kaufman v. Smith

Court: District Court of Appeal of Florida | Date Filed: 1997-05-14

Citation: 693 So. 2d 133, 1997 WL 249125

Snippet: ineffective. The legislature did provide in section 768.79(5) that if an offer of judgment is withdrawn prior

Hamilton v. Royal Caribbean Cruises, Ltd.

Court: District Court of Appeal of Florida | Date Filed: 1995-07-19

Citation: 660 So. 2d 729, 1995 Fla. App. LEXIS 7751, 1995 WL 421910

Snippet: acceptance is filed” [e.s.] as required by section 768.79(5). Because the deposition, specifically including

Scope v. Fannelli

Court: District Court of Appeal of Florida | Date Filed: 1994-07-01

Citation: 639 So. 2d 141, 1994 Fla. App. LEXIS 6505, 1994 WL 287929

Snippet: the offeree’s written acceptance is filed. § 768.79(5). No alternative method of reducing the time for

Ago

Court: Florida Attorney General Reports | Date Filed: 1993-02-19

Snippet: Act). 14 Section 553.79(2), F.S. 15 Section 553.79(5)(a), F.S. 16 Section 553.79(7)(a), F.S. 17 The phrase

Fletcher v. Metro Dade Police Dept. Law Enforcement Trust Fund

Court: District Court of Appeal of Florida | Date Filed: 1992-01-14

Citation: 593 So. 2d 266, 1992 WL 4088

Snippet: warrant, produced 16 individual bags of marijuana and 79.5 grams of cocaine, and Fletcher's money can easily