The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 79
HABEAS CORPUS

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F.S. 79.06

79.06 Effect of the return.—

(1) GENERALLY.—The return made to the writ may be amended, and is not conclusive as to the facts stated therein, but the court, justice or judge before whom the return is made may examine into the cause of the imprisonment or detention, receive evidence in contradiction of the return, and determine it as the truth of the case requires.

(2) IN CASES OF CONTEMPT.—On the return of the writ when the cause of detention appears to be a contempt, plainly and specifically charged in the commitment by some court officer or body having authority to commit for the contempt so charged and for the time stated, the court, justice or judge before whom the writ is returnable shall remand the prisoner forthwith if the time for detention for contempt has not expired.

History.—s. 6, Sept. 16, 1822; s. 6, ch. 3129, 1879; RS 1775; GS 2252; RGS 3575; CGL 5439; s. 29, ch. 67-254.

F.S. 79.06 on Google Scholar

F.S. 79.06 on Casetext

Amendments to 79.06

Arrestable Offenses / Crimes under Fla. Stat. 79.06

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 79.06.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BARD, v. A. WOLSON,, 687 So. 2d 254 (Fla. Dist. Ct. App. 1996)

. . . .” § 79.06(1). . . .

UNITED STATES v. ACRES, MORE OR LESS, IN KEELER TOWNSHIP, VANBUREN COUNTY, MICHIGAN, a, 666 F. Supp. 1017 (W.D. Mich. 1987)

. . . 2.40 Net Cash Income X (1 — Tax Rate) = 32.81 X .85 = $27.89 Total $30.29 NPV-Investment $128.00 $ 79.06 . . .

GRAYSON, v. L. WAINWRIGHT,, 330 So. 2d 461 (Fla. 1976)

. . . . § 79.06(1) (197S). . . .

MATERA, v. T. A. BUCHANAN,, 192 So. 2d 18 (Fla. Dist. Ct. App. 1966)

. . . The facts set forth in the return are not conclusive, (79.06(1) Fla.Stat., F.S.A.), but the allegations . . . See 79.06(1) Fla.Stat., F.S.A.; Boyd v. Cochran, 1960, Fla., 118 So.2d 627; Cooper v. . . . contradiction of the return, and to determine the same as the very truth of the case shall require.” 79.06 . . .

C. BOYD, v. H. G. COCHRAN, Jr., 118 So. 2d 627 (Fla. 1960)

. . . While the return to the writ is not conclusive of the facts stated therein, § 79.06(1), F.S.A., its allegations . . .

PULEO, v. STATE, 109 So. 2d 39 (Fla. Dist. Ct. App. 1959)

. . . . § 79.06]) seems to recognize habeas corpus as an appropriate remedy, by declaring the extent of the . . .