Florida Statutes
Fla. Stat. § 79.09 (2025)
Filing of papers.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 59
cases (4 in the last 5 years), 1969–2025 · leading case: Valdez-Garcia v. State, 965 So. 2d 318 (Fla. 2d DCA 2007).
Valdez-Garcia v. State, 965 So. 2d 318 (Fla. 2d DCA 2007). “This provision remains unchanged today as section 79.09, Florida Statutes (2006). Because the writ is designed to obtain power over the jailor to order the release of the prisoner, it does not function well as a method to review the legal correctness of a criminal judgment.”
Bush v. State, 945 So. 2d 1207 (Fla. 2006). “See § 79.09, Fla. Stat. (2005). [9] See, e.g.”
Doby v. State, 25 So. 3d 598 (Fla. 2d DCA 2009). “§ 79.09, Fla. Stat. (2008). In this instance, the Charlotte County Circuit Court does not have jurisdiction over Mr.”
Richardson v. State, 918 So. 2d 999 (Fla. 5th DCA 2006). “NOTES [1] See § 79.09, Fla. Stat. (2004) ("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.”
Stovall v. Cooper, 860 So. 2d 5 (Fla. 2d DCA 2003). “Section 79.09, Florida Statutes (2001), provides that "[b]efore 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.”
Raley v. State, 675 So. 2d 170 (Fla. 5th DCA 1996). “Section 79.09, Florida Statutes (1993), requires that petitions for habeas corpus be filed with the clerk of the court in the county where the defendant is detained.”
Buss v. Reichman, 53 So. 3d 339 (Fla. 4th DCA 2011). “” § 79.09, Fla. Stat. (2010). This provision, however, cannot be used to circumvent the limitations on postconviction relief imposed by rule 3.”
Collins v. State, 859 So. 2d 1244 (Fla. 5th DCA 2003). “1996) (citing § 79.09, Fla. Stat. (1995); Ruiter v. Wainwright, 249 So.”
Alachua Reg. Juv. Det. v. To, 684 So. 2d 814 (Fla. 1996). “§ 79.09, Fla. Stat. (1995); Ruiter v. Wainwright, 249 So.”
Johnson v. Florida Parole Com'n, 841 So. 2d 615 (Fla. 1st DCA 2003). “100(c)(4), to file a petition challenging an order of the Department of Corrections entered in prisoner disciplinary proceedings, the Florida Supreme Court has not by rule adopted a similar time limit to challenge orders of FPC in parole revocation or PPRD proceedings.”
Morel v. Wilkins, 84 So. 3d 226 (Fla. 2012). “”); see also § 79.09, Fla. Stat. (2011) *253 (“Before a circuit judge the [habeas] petition and the papers shall be filed with the clerk of the circuit court of the county in which the prisoner is detained.”
Vierra v. State, 980 So. 2d 588 (Fla. 2d DCA 2008). “11 (quoting § 79.09, Fla. Stat. (2005)). Because Mr. Vierra was incarcerated in Pasco County the Hillsborough County court should have transferred the petition to the circuit court in Pasco County without consideration of the petition's facial sufficiency or its merits.”
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