Florida Statute 79.05 - Full Text and Legal Analysis

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.

Cases Citing F.S. 79.05

Fla. Stat. § 79.05 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Kerlin v. State, 352 So. 2d 45 (Fla. 1977).
Cited 8 times | Published | Supreme Court of Florida
should not be protected. McCormick on Evidence, § 79.[5] *52 Public policy favors such a restrictive construction
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Cited as authority(citing case) (2025)
phrase: "rule_authority"
Cited as authorityBolin (2013)
phrase: "rule_authority"
Cited as authorityKaczmar (2012)
phrase: "rule_authority"
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Oaks v. Wainwright, 305 So. 2d 1 (Fla. 1974).
Cited 3 times | Published | Supreme Court of Florida
...1972. Petitioner has since filed a petition for writ of mandamus with the United States Supreme Court and numerous further pleadings with this Court, including a motion for declaratory judgment on June 14, 1973 seeking $300 damages pursuant to F.S. Section 79.05(1), F.S.A., which provides: "(1) Civil liability....
...d not agree to, the conditions of his parole. Accordingly, the Petitioner is hereby released from custody, the writ is discharged, and the Respondent is ordered to pay Petitioner $300 in damages for failure to timely file his return pursuant to F.S. Section 79.05(1), F.S.A....

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Cases Citing F.S. 79.05

·Kerlin v. State, 352 So. 2d 45 (Fla. 1977).

Oaks v. Wainwright, 305 So. 2d 1 (Fla. 1974).