Florida Statute 79.08 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 79
HABEAS CORPUS

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F.S. 79.08

79.08 Hearing and judgment.—The court, justice, or judge before whom the prisoner is brought shall inquire without delay into the cause of the prisoner’s imprisonment, and shall either discharge the prisoner, admit him or her to bail or remand him or her to custody, as the law and the evidence require; and shall either award against the prisoner the charges of his or her transportation, not exceeding 15 cents per mile and the costs of the proceedings, or shall award the costs in the prisoner’s favor, or shall award no costs or charges against either party, as is right. The clerk of the court in which such action is pending shall issue execution for the costs and charges awarded.

History.—s. 5, Sept. 16, 1822; s. 8, ch. 3129, 1879; RS 1777; GS 2254; RGS 3577; CGL 5441; s. 29, ch. 67-254; s. 418, ch. 95-147.

F.S. 79.08 on Google Scholar

F.S. 79.08 on Casetext

Amendments to 79.08

Arrestable Offenses / Crimes under Fla. Stat. 79.08

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 79.08.

Annotations, Discussions, Cases:

Cases Citing Statute 79.08

Total Results: 20

Mitchell Robert Landis v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-12-11

Snippet: the defendant’s lowest permissible sentence was 79.8 months. Id. at 65. “The State urged the court to

Brinda Coates, etc. v. R.J. Reynolds Tobacco Company

Court: Supreme Court of Florida | Date Filed: 2023-06-15

Snippet: additional delay if litigation is prolonged. § 768.79(8)(b). The judge is also expressly authorized to consider

Champagne v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-04-24

Citation: 269 So. 3d 629

Snippet: 4th DCA 2016) (noting that the offender's LPS was 79.8 months (6.65 years) yet he was sentenced to five

Champagne v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-04-24

Citation: 269 So. 3d 629

Snippet: 4th DCA 2016) (noting that the offender's LPS was 79.8 months (6.65 years) yet he was sentenced to five

RENALDO CHAMPAGNE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-04-24

Snippet: DCA 2016) (noting that the offender's LPS was 79.8 months (6.65 years) yet he was sentenced to five

ANGELA GLADETTE KEMP v. PAM STEWART, as the Commissioner of Education

Court: District Court of Appeal of Florida | Date Filed: 2018-03-07

Citation: 239 So. 3d 101

Snippet: correct the procedural problem. Section 1012.79(8)(a), Florida Statutes (2017), provides the EPC shall:

Charles v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-10-26

Citation: 204 So. 3d 63, 2016 Fla. App. LEXIS 15940

Snippet: scoresheet, Appellant’s lowest permissible sentence was 79.8 months; The State urged the court to impose the

Futo Charles v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-05-31

Snippet: scoresheet, Charles’s lowest permissible sentence was 79.8 months. The State urged the court to impose the

In re Senate Joint Resolution of Legislative Apportionment 1176

Court: Supreme Court of Florida | Date Filed: 2012-03-09

Citation: 83 So. 3d 597, 37 Fla. L. Weekly Supp. 181, 2012 Fla. LEXIS 507, 2012 WL 753122

Snippet: District 29 would be Democratic and would have voted 79.8% for Sink (D), 82.6% for Obama (D), and 75.1% for

Payne v. City of Miami

Court: District Court of Appeal of Florida | Date Filed: 2010-12-08

Citation: 52 So. 3d 707, 2010 Fla. App. LEXIS 18759, 2010 WL 4962859

Snippet: Comprehensive Plan amendments to 27.4 acres of the remaining 79.8 acres of the designated Marine Industrial sites

Hamilton v. Ford Motor Co.

Court: District Court of Appeal of Florida | Date Filed: 2006-09-01

Citation: 936 So. 2d 1203, 2006 WL 2520089

Snippet: rendered the offer of judgment inadmissible. § 768.79(8), Fla. Stat. (2002). [2] In Florida, generally

Metro-Dade Fire Rescue v. Metro. Dade County

Court: District Court of Appeal of Florida | Date Filed: 2002-06-19

Citation: 819 So. 2d 915, 2002 WL 1332720

Snippet: Florida Attorney General Opinions Nos. 85-53; 67-44; 79-8; 75-250; 51-160; 53-188. *919 The Florida rule against

Bard v. Wolson

Court: District Court of Appeal of Florida | Date Filed: 1997-02-04

Citation: 687 So. 2d 254, 1996 WL 685577

Snippet: to custody, as the law and evidence require." § 79.08. In the present case, the trial court seemed to

Ago

Court: Florida Attorney General Reports | Date Filed: 1985-07-08

Snippet: be gratuitous. Attorney General Opinions 67-44; 79-8; 75-250; 51-160, January 14, 1951, Biennial Report

Ago

Court: Florida Attorney General Reports | Date Filed: 1983-10-25

Snippet: Stoutamire, 38 So.2d 684 (Fla. 1948); AGO's 79-35, 79-8, 75-249, 75-250. Moreover, it is not necessary or

Ago

Court: Florida Attorney General Reports | Date Filed: 1981-08-04

Snippet: J.S. Officers s. 224; and AGO's 079-59, 079-35, 079-8, 078-157, 078-134. It is also well settled that

Ago

Court: Florida Attorney General Reports | Date Filed: 1981-04-27

Snippet: service is deemed to be gratuitous. See, e.g., AGO's 079-8 and 079-59 and authorities cited and discussed therein

Finney v. Wonder Development Corp.

Court: District Court of Appeal of Florida | Date Filed: 1980-12-17

Citation: 392 So. 2d 583, 1980 Fla. App. LEXIS 17879

Snippet: WONDER DEVELOPMENT CORPORATION et al., Appellees. No. 79-8. District Court of Appeal of Florida, Fifth District

Cummings v. South Carolina Insurance

Court: District Court of Appeal of Florida | Date Filed: 1979-07-24

Citation: 373 So. 2d 88, 1979 Fla. App. LEXIS 15490

Snippet: PER CURIAM. The final and amended final declaratory judgments appealed from are reversed and the cause remanded to the trial court with directions to (a) grant the appellant’s motion for rehearing, (b) allow the appellant to file an amended answer, and (c) proceed to re-consider the legal issues in this cause in the light of Dewberry v. Auto-Owners Insurance Co., 363 So.2d 1077 (Fla.1978).

Ago

Court: Florida Attorney General Reports | Date Filed: 1979-04-03

Snippet: Fussell, 24 So.2d 804 (Fla. 1946); see also AGO 079-8 and the authorities cited therein which are applicable