The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

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F.S. 394.9215

394.9215 Right to habeas corpus.—

(1)(a) At any time after exhausting all administrative remedies, a person held in a secure facility under this part may file a petition for habeas corpus in the circuit court for the county in which the facility is located alleging that:

1. The person’s conditions of confinement violate a statutory right under state law or a constitutional right under the State Constitution or the United States Constitution; or

2. The facility in which the person is confined is not an appropriate secure facility, as that term is used in s. 394.915.

(b) Upon filing a legally sufficient petition stating a prima facie case under paragraph (a), the court may direct the Department of Children and Families to file a response. If necessary, the court may conduct an evidentiary proceeding and issue an order to correct a violation of state or federal rights found to exist by the court. A final order entered under this section may be appealed to the district court of appeal. A nonfinal order may be appealed to the extent provided by the Florida Rules of Appellate Procedure. An appeal by the department shall stay the trial court’s order until disposition of the appeal.

(2) Any claim referred to in subsection (1) may be asserted only as provided in this section. No claim referred to in subsection (1) shall be considered in commitment proceedings brought under this part. A person does not have a right to appointed counsel in any proceeding initiated under this section.

(3) Relief granted on a petition filed under this section must be narrowly drawn and may not exceed that which is minimally necessary to correct, in the least intrusive manner possible, the violation of the state or federal rights of a particular petitioner. A court considering a petition under this section must give substantial weight to whether the granting of relief would adversely impact the operation of the detention and treatment facility or would adversely impact public safety.

(4) The court may not enter an order releasing a person from secure detention unless the court expressly finds that no relief short of release will remedy the violation of state or federal rights which is found to have occurred.

History.—s. 1, ch. 2002-36; s. 106, ch. 2014-19.

F.S. 394.9215 on Google Scholar

F.S. 394.9215 on Casetext

Amendments to 394.9215

Arrestable Offenses / Crimes under Fla. Stat. 394.9215

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.9215.

Annotations, Discussions, Cases:

Cases from cite.case.law:

GERING, v. STATE, 252 So. 3d 334 (Fla. App. Ct. 2018)

. . . -S.V.P. 4.460; § 394.9215, Fla. Stat. (2016). . . .

McKEE, v. JACOBO, As, 127 So. 3d 857 (Fla. Dist. Ct. App. 2013)

. . . , 243 (Fla. 2d DCA 2005), this court held: [T]he trial court erred in its interpretation of section 394.9215 . . . as a limitation on the general habeas corpus rights of detainees [and construing] section 394.9215 as . . . See § 394.9215(l)(b). Mr. . . . We conclude that such an allegation is not cognizable in a petition for habeas corpus under section 394.9215 . . . Section 394.9215(l)(b) provides: Upon filing a legally sufficient petition stating a prima facie case . . .

MOREL, v. E. WILKINS,, 84 So. 3d 226 (Fla. 2012)

. . . That changed in 2002, when the Legislature added section 394.9215, Florida Statutes, to the Act, providing . . . See § 394.9215(l)(a), Fla. Stat. (2011). . . . The terms of 394.9215, which are clearly directed at redressing the wrongs DCF commits while a respondent . . . is, respondents wishing to challenge pretrial delay should not be confined by the terms of section 394.9215 . . . Without referring to section 394.9215, which was newly enacted at the time, this Court in Murray, 872 . . .

In COMMITMENT OF MOREL, v., 67 So. 3d 1062 (Fla. Dist. Ct. App. 2010)

. . . See § 394.9215, Fla. Stat. (2010). . . .

In FLORIDA RULES OF CIVIL PROCEDURE FOR INVOLUNTARY COMMITMENT OF SEXUALLY VIOLENT PREDATORS, 13 So. 3d 1025 (Fla. 2009)

. . . By its terms, the rule does not apply to habeas corpus proceedings brought under section 394.9215, Florida . . . All other habeas corpus petitions, including petitions filed pursuant to section 394.9215(l)(a), Florida . . . Section 394.9215(l)(a) permits the filing of a habeas petition upon allegations that the person’s confinement . . .

F. CURRY, Jr. v. HADI,, 903 So. 2d 242 (Fla. Dist. Ct. App. 2005)

. . . The trial court rested its dismissal on the rationale that the petition did not comply with section 394.9215 . . . We conclude that the trial court erred in its interpretation of section 394.9215 as a limitation on the . . . We do not construe section 394.9215 as an attempt by the legislature to limit the rights of Jimmy Ryce . . .

PEARSON, v. STATE, 888 So. 2d 110 (Fla. Dist. Ct. App. 2004)

. . . See § 394.9215(2), Fla. Stat. (2002). . . . affirmance is without prejudice to the defendant to institute a habeas corpus proceeding under section 394.9215 . . .

STATE v. DUCHARME,, 881 So. 2d 70 (Fla. Dist. Ct. App. 2004)

. . . I note that automatic stay provisions are contained in section 394.9215, Florida Statutes (2002), which . . .