Florida Statute 79.9 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 79
HABEAS CORPUS

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F.S. 79.09

79.09 Filing of papers.—Before a circuit judge the petition and the papers shall be filed with the clerk of the circuit court of the county in which the prisoner is detained. Before the other courts, justices or judges, the papers shall be filed with the clerk of the court on which the justice or judge sits.

History.—s. 8, Sept. 16, 1822; s. 8, ch. 3129, 1879; RS 1778; GS 2255; RGS 3578; CGL 5442; s. 29, ch. 67-254.

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Amendments to 79.09

Annotations, Discussions, Cases:

Cases Citing Statute 79.09

Total Results: 62

Bush v. State

945 So. 2d 1207, 2006 WL 3741041

Supreme Court of Florida | Filed: Dec 21, 2006 | Docket: 1399816

Cited 80 times | Published

petitions are specifically addressed by statute. See § 79.09, Fla. Stat. (2005). [9] See, e.g., Burgess, 870

Baggett v. Wainwright

229 So. 2d 239

Supreme Court of Florida | Filed: Nov 25, 1969 | Docket: 101174

Cited 65 times | Published

jurisdiction to circuit judges. Nevertheless, F.S. Section 79.09, F.S.A., imposes the venue requirement that

Valdez-Garcia v. State

965 So. 2d 318, 2007 WL 2713557

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 1509281

Cited 43 times | Published

This provision remains unchanged today as section 79.09, Florida Statutes (2006). Because the writ is

Doby v. State

25 So. 3d 598, 2009 Fla. App. LEXIS 18398, 2009 WL 4282285

District Court of Appeal of Florida | Filed: Dec 2, 2009 | Docket: 2517579

Cited 34 times | Published

in the circuit where the prisoner is detained. § 79.09, Fla. Stat. (2008). In this instance, the Charlotte

Richardson v. State

918 So. 2d 999, 2006 WL 140403

District Court of Appeal of Florida | Filed: Jan 20, 2006 | Docket: 1361614

Cited 34 times | Published

GRIFFIN and TORPY, JJ., concur. NOTES [1] See § 79.09, Fla. Stat. (2004) ("Before a circuit judge the

Alachua Reg. Juv. Detention v. To

684 So. 2d 814, 1996 WL 726865

Supreme Court of Florida | Filed: Dec 19, 1996 | Docket: 1482225

Cited 32 times | Published

the county in which the prisoner is detained. § 79.09, Fla. Stat. (1995); Ruiter v. Wainwright, 249 So

Raley v. State

675 So. 2d 170, 1996 WL 237709

District Court of Appeal of Florida | Filed: May 10, 1996 | Docket: 1694625

Cited 27 times | Published

Mr. Raley is incarcerated in Volusia County. Section 79.09, Florida Statutes (1993), requires that petitions

Stovall v. Cooper

860 So. 2d 5, 2003 WL 22012691

District Court of Appeal of Florida | Filed: Aug 27, 2003 | Docket: 454696

Cited 22 times | Published

are governed by chapter 79, Florida Statutes. Section 79.09, Florida Statutes (2001), provides that "[b]efore

Collins v. State

859 So. 2d 1244, 2003 WL 22681773

District Court of Appeal of Florida | Filed: Nov 14, 2003 | Docket: 1284582

Cited 13 times | Published

v. T.O., 684 So.2d 814, 816 (Fla.1996) (citing § 79.09, Fla. Stat. (1995); Ruiter v. Wainwright, 249 So

Finley v. State

394 So. 2d 215

District Court of Appeal of Florida | Filed: Feb 23, 1981 | Docket: 2588395

Cited 13 times | Published

Wainwright, 249 So.2d 67 (Fla. 2d DCA 1971). Section 79.09, Fla. Stat. (1979), requires that a petition

Thompson v. Secretary, Department of Corrections

595 F.3d 1233, 2010 U.S. App. LEXIS 1837, 2010 WL 298034

Court of Appeals for the Eleventh Circuit | Filed: Jan 27, 2010 | Docket: 1576423

Cited 10 times | Published

to issue writs of habeas corpus); see also id. § 79.09 (requiring a habeas petition filed before a circuit

Lewis v. FLORIDA PAROLE COM'N

697 So. 2d 965, 1997 Fla. App. LEXIS 8824, 1997 WL 433940

District Court of Appeal of Florida | Filed: Aug 5, 1997 | Docket: 1777025

Cited 9 times | Published

as appellant was incarcerated in Polk County. § 79.09, Fla. Stat.; see Ruiter v. Wainwright, 249 So.2d

Johnson v. FLORIDA PAROLE COM'N

841 So. 2d 615, 2003 WL 1738429

District Court of Appeal of Florida | Filed: Apr 3, 2003 | Docket: 1234136

Cited 7 times | Published

v. Simmons, 506 So.2d 434 (Fla. 2d DCA 1987); § 79.09, Fla. Stat. (2000). Because there is no right to

Jackson v. State

802 So. 2d 1213, 2002 WL 21707

District Court of Appeal of Florida | Filed: Jan 9, 2002 | Docket: 1332948

Cited 7 times | Published

authority to address the relief sought by him. See § 79.09, Fla. Stat. (1999); Alachua Reg'l Juvenile Det

Bush v. State

545 So. 2d 506, 1989 WL 72729

District Court of Appeal of Florida | Filed: Jun 29, 1989 | Docket: 465191

Cited 7 times | Published

have the authority to issue the writ under section 79.09, Florida Statutes (1987). Finley v. State, 394

State Ex Rel. Wainwright v. Holley

234 So. 2d 409

District Court of Appeal of Florida | Filed: Apr 17, 1970 | Docket: 1705845

Cited 7 times | Published

writ of habeas corpus. As such, Fla. Stat. 1967, § 79.09, F.S.A., clearly imposed the venue requirement

Perkins v. State

766 So. 2d 1173, 2000 WL 1268826

District Court of Appeal of Florida | Filed: Sep 8, 2000 | Docket: 1329731

Cited 6 times | Published

in the county where the defendant is detained, § 79.09, Fla. Stat. (1997), Raley v. State, 675 So.2d 170

Campbell v. Florida Parole Com'n

630 So. 2d 1210, 1994 Fla. App. LEXIS 317, 1994 WL 11628

District Court of Appeal of Florida | Filed: Jan 20, 1994 | Docket: 1519549

Cited 6 times | Published

Simmons, 506 So.2d 434, 435 (Fla.2d DCA 1987); § 79.09, Fla. Stat. (1991). Because the authority of the

Clough v. State

136 So. 3d 680, 2014 Fla. App. LEXIS 1194, 2014 WL 340672

District Court of Appeal of Florida | Filed: Jan 31, 2014 | Docket: 60240057

Cited 5 times | Published

the county in which the prisoner is detained.” § 79.09. A habeas petition may not substitute as a vehicle

Newman v. Hornsby

385 So. 2d 1106

District Court of Appeal of Florida | Filed: Jun 18, 1980 | Docket: 1337124

Cited 5 times | Published

County rather than in Orange where it was filed. Section 79.09 of the Florida Statutes (1977) provides for

State v. Sampson

297 So. 2d 120

District Court of Appeal of Florida | Filed: Jul 5, 1974 | Docket: 451121

Cited 5 times | Published

prisoner is detained. Fla. Stat. 1967 F.S.A., § 79.09; State ex rel. Wainwright v. Holley, 234 So.2d

Vierra v. State

980 So. 2d 588, 2008 WL 1884045

District Court of Appeal of Florida | Filed: Apr 30, 2008 | Docket: 2565268

Cited 4 times | Published

detained.'" Bush, 945 So.2d at 1213 n. 11 (quoting § 79.09, Fla. Stat. (2005)). Because Mr. Vierra was incarcerated

Stanley v. Moore

744 So. 2d 1160, 1999 WL 982976

District Court of Appeal of Florida | Filed: Nov 1, 1999 | Docket: 493166

Cited 4 times | Published

Circuit where the petition was actually filed, see § 79.09, Fla. Stat. (1997); Alday v. Singletary, 719 So

Alday v. Singletary

719 So. 2d 1260, 1998 WL 764131

District Court of Appeal of Florida | Filed: Nov 4, 1998 | Docket: 2585751

Cited 4 times | Published

Ctr. v. T.O., 684 So.2d 814, 816 (Fla.1996); see § 79.09, Fla. Stat. ("Before a circuit judge the [habeas

Harris v. State

133 So. 3d 1169, 2014 WL 1232424, 2014 Fla. App. LEXIS 2594

District Court of Appeal of Florida | Filed: Feb 26, 2014 | Docket: 60238706

Cited 3 times | Published

the county where the petitioner is located. See § 79.09, Fla. Stat. (2013) (providing that a petition for

Morel v. Wilkins

84 So. 3d 226, 37 Fla. L. Weekly Supp. 161, 2012 WL 739209, 2012 Fla. LEXIS 490

Supreme Court of Florida | Filed: Mar 8, 2012 | Docket: 60306685

Cited 3 times | Published

is incarcerated has jurisdiction.”); see also § 79.09, Fla. Stat. (2011) *253(“Before a circuit judge

Torres v. State

700 So. 2d 1247, 1997 WL 662364

District Court of Appeal of Florida | Filed: Oct 24, 1997 | Docket: 2554666

Cited 3 times | Published

county where he is incarcerated has jurisdiction. § 79.09, Fla. Stat. (1995); Alachua Regional Juvenile Detention

Buss v. Reichman

53 So. 3d 339, 2011 Fla. App. LEXIS 46, 2011 WL 92956

District Court of Appeal of Florida | Filed: Jan 12, 2011 | Docket: 60298076

Cited 2 times | Published

for which rule 3.850 relief is unavailable. Section 79.09, Florida Statutes, provides that when habeas

Coakley v. State

43 So. 3d 790, 2010 Fla. App. LEXIS 11704, 2010 WL 3120220

District Court of Appeal of Florida | Filed: Aug 10, 2010 | Docket: 1286095

Cited 2 times | Published

county in which the petitioner is imprisoned. See § 79.09, Florida Statutes (2009). But when a petitioner

Coney v. State

995 So. 2d 1038, 2008 WL 4865029

District Court of Appeal of Florida | Filed: Nov 12, 2008 | Docket: 1684924

Cited 2 times | Published

appropriate venue. See Bush, 945 So.2d at 1213 n. 11; § 79.09, Fla. Stat. (2007), see, e.g., Vierra v. State

Ashley v. Singletary

706 So. 2d 1373, 1998 WL 60416

District Court of Appeal of Florida | Filed: Feb 17, 1998 | Docket: 2302059

Cited 2 times | Published

circuit court properly denied his petition. See § 79.09, Fla. Stat. ("Before a circuit judge the [habeas

Savage v. State

662 So. 2d 750, 1995 WL 675299

District Court of Appeal of Florida | Filed: Nov 15, 1995 | Docket: 2559153

Cited 2 times | Published

being detained outside its territorial authority. § 79.09, Fla. Stat. (1993); Bush v. State, 545 So.2d 506

Edwards v. Crews

124 So. 3d 422, 2013 Fla. App. LEXIS 17056, 2013 WL 5779485

District Court of Appeal of Florida | Filed: Oct 25, 2013 | Docket: 60235491

Cited 1 times | Published

court in the county in which he is detained. See § 79.09, Fla. Stat. In the petition for writ of habeas

Morris v. State

978 So. 2d 259, 2008 WL 902112

District Court of Appeal of Florida | Filed: Apr 4, 2008 | Docket: 445268

Cited 1 times | Published

C.J., and GRIFFIN, J., concur. NOTES [1] See § 79.09, Fla. Stat. (2007); Bush v. State, 945 So.2d 1207

Williams v. Florida Parole Commission

760 So. 2d 959, 2000 Fla. App. LEXIS 1344, 2000 WL 158495

District Court of Appeal of Florida | Filed: Feb 16, 2000 | Docket: 64798093

Cited 1 times | Published

Florida Constitution fcontemplates. Although section 79.09, Florida Statutes (1999), can be viewed as authority

Woods v. State of Florida

District Court of Appeal of Florida | Filed: Aug 6, 2025 | Docket: 71038142

Published

303 So. 3d 269, 272 (Fla. 2d DCA 2020). Compare § 79.09, Fla. Stat. (2024) (providing that a petition for

Gerald Shiflet v. State of Florida

District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962809

Published

jurisdiction to adjudicate the petition. See § 79.09, Fla. Stat. (2024) (“Before a circuit judge the

Wayne A. Adams v. Ricky D. Dixon, Secretary, Florida Dept. of Corrections, and C. Maiorana, Facility Admin.

District Court of Appeal of Florida | Filed: Apr 23, 2025 | Docket: 69929796

Published

So. 2d 1260, 1261 (Fla. 1st DCA 1998); see also § 79.09, Fla. Stat. Under these circumstances, we find

Roderick Owens v. State of Florida

District Court of Appeal of Florida | Filed: Jan 15, 2025 | Docket: 69546086

Published

court that handled the criminal case. Compare § 79.09, Fla. Stat. (requiring a petition for writ of habeas

SHIRD T. MYRICK v. MARK INCH, SECRETARY D. O. C.

District Court of Appeal of Florida | Filed: Sep 9, 2020 | Docket: 18420362

Published

petition to Dade before the trial court."). Section 79.09, Florida Statutes (2019), provides that "[b]efore

JAMES ARTHUR LEE v. STATE OF FLORIDA

273 So. 3d 1147

District Court of Appeal of Florida | Filed: May 31, 2019 | Docket: 15704314

Published

county in which the prisoner is detained. See § 79.09, Fla. Stat. (2018). 2Lee did not

Rodriguez v. State

237 So. 3d 1069

District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240836

Published

located in Punta Gorda, Florida. Pursuant to section 79.09, Florida Statutes (2016), only the circuit court

Shanklin v. State

174 So. 3d 621, 2015 Fla. App. LEXIS 13558, 2015 WL 5308977

District Court of Appeal of Florida | Filed: Sep 11, 2015 | Docket: 60250445

Published

county in which he is detained, pursuant to section 79.09, Florida Statutes. He further asserts that the

Terry D. Bright v. Florida Commission on Offender Review

159 So. 3d 366

District Court of Appeal of Florida | Filed: Mar 11, 2015 | Docket: 2641084

Published

interpretation of the petition was incorrect. Section 79.09, Florida Statutes (2014), provides that petitions

Greene v. Tucker

113 So. 3d 45, 2012 WL 5935669, 2012 Fla. App. LEXIS 20328

District Court of Appeal of Florida | Filed: Nov 28, 2012 | Docket: 60231562

Published

So.2d 1207, 1213 n. 11 (Fla.2006) (quoting section 79.09, Florida Statutes (2005), the supreme court

Bradford v. State, Parole Commision

93 So. 3d 1180, 2012 WL 3139586, 2012 Fla. App. LEXIS 12616

District Court of Appeal of Florida | Filed: Aug 3, 2012 | Docket: 60310480

Published

Circuit Court in Lafayette County, pursuant to section 79.09, Florida Statutes. On appeal, Bradford seeks

Jamison v. State

73 So. 3d 317, 2011 Fla. App. LEXIS 16839, 2011 WL 5057077

District Court of Appeal of Florida | Filed: Oct 25, 2011 | Docket: 60303369

Published

the county in which the prisoner is detained. § 79.09, Fla. Stat. We, however, treat Appellant’s petition

LLEO v. State

41 So. 3d 1106, 2010 Fla. App. LEXIS 12191, 2010 WL 3239129

District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 364709

Published

744 So.2d 1160, 1161 (Fla. 1st DCA 1999). Section 79.09, Florida Statutes (2009), requires the inmate

Brown v. State

28 So. 3d 120, 2010 Fla. App. LEXIS 569, 2010 WL 323026

District Court of Appeal of Florida | Filed: Jan 29, 2010 | Docket: 1166405

Published

county in which the prisoner is detained.' See § 79.09, Fla. Stat. (2005)."). In his second issue, Brown

Wilder v. State

909 So. 2d 536, 2005 Fla. App. LEXIS 13666, 2005 WL 2085595

District Court of Appeal of Florida | Filed: Aug 31, 2005 | Docket: 64840177

Published

county in which the appellant is detained. See § 79.09, Fla. Stat. (2004). Accordingly, we VACATE the

Spencer v. Florida Parole Commission

874 So. 2d 718, 2004 Fla. App. LEXIS 7777, 2004 WL 1207875

District Court of Appeal of Florida | Filed: Jun 3, 2004 | Docket: 64830951

Published

county in which appellant is currently detained. § 79.09, Fla. Stat. (2003); Gillard v. Florida Parole Comm’n

Clark v. State

779 So. 2d 606, 2001 Fla. App. LEXIS 2084, 2001 WL 194042

District Court of Appeal of Florida | Filed: Feb 28, 2001 | Docket: 64804235

Published

the circuit in which the petitioner is detained. § 79.09, Fla. Stat. (1997); Savage v. State, 662 So.2d

Magnus v. State

738 So. 2d 446, 1999 WL 512070

District Court of Appeal of Florida | Filed: Jul 21, 1999 | Docket: 314493

Published

relief through the Department of Corrections. Section 79.09, Florida Statutes (1993) provides that a petition

Baker v. Singletary

721 So. 2d 1234, 1998 Fla. App. LEXIS 15972, 1998 WL 883201

District Court of Appeal of Florida | Filed: Dec 21, 1998 | Docket: 64784819

Published

23 Fla. L. Weekly D2476 (Fla. 1st DCÁ 1998); § 79.09, Fla. Stat. (1997). MINER, LAWRENCE and BROWNING

Wigfals v. Florida Parole Commission

691 So. 2d 644, 1997 Fla. App. LEXIS 4332, 1997 WL 186273

District Court of Appeal of Florida | Filed: Apr 18, 1997 | Docket: 64772480

Published

that it no *645longer had jurisdiction because section 79.09, Florida Statutes (1995) requires writs to be

Gaffney v. State

681 So. 2d 1211, 1996 Fla. App. LEXIS 11374, 1996 WL 631566

District Court of Appeal of Florida | Filed: Nov 1, 1996 | Docket: 64768557

Published

County. He filed his petition in Putnam County. Section 79.09, Florida Statutes (1995), requires that a petition

Flimming v. State

545 So. 2d 447, 1989 Fla. App. LEXIS 3477, 1989 WL 65865

District Court of Appeal of Florida | Filed: Jun 20, 1989 | Docket: 64643295

Published

2d DCA 1970); Article V, § 5(b), Fla. Const.; § 79.09 Fla.Stat. (1987).

Flimming v. State

545 So. 2d 447, 1989 Fla. App. LEXIS 3477, 1989 WL 65865

District Court of Appeal of Florida | Filed: Jun 20, 1989 | Docket: 64643295

Published

2d DCA 1970); Article V, § 5(b), Fla. Const.; § 79.09 Fla.Stat. (1987).

Mathis v. Wainwright

484 So. 2d 96, 11 Fla. L. Weekly 592, 1986 Fla. App. LEXIS 6805

District Court of Appeal of Florida | Filed: Mar 6, 1986 | Docket: 64617730

Published

5(b), Florida Constitution. Although, under section 79.09, Florida Statutes, the circuit court would not

Sheptin v. State, Probation & Parole Commission

308 So. 2d 557

District Court of Appeal of Florida | Filed: Feb 25, 1975 | Docket: 64544631

Published

and we would have affirmed on the authority of § 79.09, Fla.Stat.; Anderson v. State, Fla.App. 1962, 141

Sheptin v. State, Probation & Parole Commission

308 So. 2d 557

District Court of Appeal of Florida | Filed: Feb 25, 1975 | Docket: 64544631

Published

and we would have affirmed on the authority of § 79.09, Fla.Stat.; Anderson v. State, Fla.App. 1962, 141

Ruiter v. Wainwright

249 So. 2d 67, 1971 Fla. App. LEXIS 6341

District Court of Appeal of Florida | Filed: May 6, 1971 | Docket: 64520866

Published

County, in which Ruiter is in custody. Fla.Stat. § 79.09 (1969), F.S.A.; State ex rel. Wainwright v. Holley