CopyCited 6 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 405, 2009 Fla. LEXIS 1020, 2009 WL 1956384
...The rule expressly provides that the habeas petition be filed in the county in which the respondent *1027 was adjudged a sexually violent predator subject to chapter 394. By its terms, the rule does not apply to habeas corpus proceedings brought under section 394.9215, Florida Statutes (2008)....
...POST JUDGMENT HABEAS CORPUS The respondent may file a petition for habeas corpus alleging ineffective assistance of counsel in the county in which the judgment was rendered within two years after the judgment becomes final. All other habeas corpus petitions, including petitions filed pursuant to section 394.9215(1)(a), Florida Statutes, must be filed in the county where the facility in which the petitioner is confined is located....
...NOTES [1] The Legislature, in Chapter 99-222, Laws of Florida, renumbered sections 916.30 through 916.49, Florida Statutes, as sections
394.910 through
394.930. In Chapter 99-222, Section 1, Laws of Florida, the Legislature removed reference to "Jimmy Ryce" in the title of the act. [2] Section
394.9215(1)(a) permits the filing of a habeas petition upon allegations that the person's confinement violates a statutory right under state law or a constitutional right under the state or federal constitutions, or that the facility in which...
CopyCited 3 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 161, 2012 WL 739209, 2012 Fla. LEXIS 490
changed in 2002, when the Legislature added section
394.9215, Florida Statutes, to the Act, providing respondents
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2004 WL 1856023
...or this court to vacate it, thereby rendering the continued application of the stay a matter of discretion. Moreover, the concept of the automatic stay pending review is not foreign to the Act. I note that automatic stay provisions are contained in section 394.9215, Florida Statutes (2002), which provides that individuals held in a secure facility may file a petition for writ of habeas corpus alleging that the conditions of confinement violate their statutory or constitutional rights and the tr...
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...4.400(b); the right to
an adversarial probable cause hearing under certain circumstances, see Fla. R. Civ.
P.—S.V.P. 4.220 and §
394.915, Fla. Stat. (2016); the right to seek habeas corpus
relief based upon a claim of ineffective assistance of counsel, see Fla. R. Civ. P.—
S.V.P. 4.460; §
394.9215, Fla....
CopyPublished | Florida 3rd District Court of Appeal
including petitions filed pursuant to Section
394.9215(1)(a), Florida Statutes, must be filed
CopyPublished | Supreme Court of Florida
...POST JUDGMENT HABEAS CORPUS
The respondent may file a petition for habeas corpus alleging
ineffective assistance of counsel in the county in which the
judgment was rendered within two years after the judgment
becomes final. All other habeas corpus petitions, including petitions
filed pursuant to section 394.9215(1)(a), Florida Statutes, must be
- 25 -
filed in the county where the facility in which the petitioner is
confined is located....
CopyPublished | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 17880, 2004 WL 2729599
...We affirm the trial court’s ruling which declined to entertain the constitutional challenge based on the conditions of confinement. The statute contains a specific method for bringing such a challenge, but such a challenge cannot be brought during commitment proceedings. See § 394.9215(2), Fla. Stat. (2002). Our affirmance is without prejudice to the defendant to institute a habeas corpus proceeding under section 394.9215, Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 2013 WL 6246167, 2013 Fla. App. LEXIS 19202
...Having a myriad of complaints pertaining to both the quality and quantity of the rehabilitative services and treatment that the for-profit operator of the facility provides him and others similarly detained, he filed a petition seeking the issuance of a writ of habeas corpus pursuant to section 394.9215, Florida Statutes (2011)....
...By the plain language of the statute in its title and elsewhere, a habeas petition is the proper method to seek the type of relief Mr. McKee sought. In Curry v. Hadi,
903 So.2d 242, 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 an attempt by the legislature to limit the rights of ......
...Having been properly filed as a petition for habeas, it must be reviewed for facial sufficiency. And although the circuit court did not reach this step, our review of the petition leads to a conclusion that the first of Mr. McKee’s allegations is facially sufficient so as to require a response from DCF. 2 See § 394.9215(l)(b)....
...McKee’s petition for a writ of habeas corpus and remand with directions to the circuit court to require a response to the petition from DCF. Further proceedings shall be held in accordance with the procedures outlined in part V of chapter 394. Reversed and remanded with directions. SILBERMAN and VILLANTI, JJ., Concur. . Section 394.9215, titled “Right to habeas corpus,” provides in subsection (l)(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....
...y prepare his annual psychological evaluation because the operator has a profit motive for keeping him and other detainees committed for as long as possible. We conclude that such an allegation is not cognizable in a petition for habeas corpus under section 394.9215 because it does not relate to a condition of his confinement....
...The person may retain or, if the person is indigent and so requests, the court may appoint, a qualified professional to examine the person.”). As such, the circuit court did *859 not err in summarily denying this portion of Mr. McKee’s petition. . Section 394.9215(l)(b) provides: Upon filing a legally sufficient petition stating a prima facie case under paragraph (a), the court may direct the Department of Children and Family Services to file a response....
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 18305, 2010 WL 4861507
...other circuits. Nevertheless, we know from the appeals we receive that detainees often call upon that court to take such steps and statutory law expressly authorizes the use of habeas corpus petitions to challenge some conditions of confinement. See § 394.9215, Fla....
CopyPublished | Supreme Court of Florida
...POST JUDGMENT HABEAS CORPUS
The respondent may file a petition for habeas corpus alleging
ineffective assistance of counsel in the county in which the
judgment was rendered within two years after the judgment
becomes final. All other habeas corpus petitions, including petitions
filed pursuant to section 394.9215(1)(a), Florida Statutes, must be
- 25 -
filed in the county where the facility in which the petitioner is
confined is located....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 6056, 2005 WL 991493
...n in its order, we nevertheless affirm because the petition would have been properly denied had the trial court addressed the substance of the claims raised. The trial court rested its dismissal on the rationale that the petition did not comply with section 394.9215, Florida Statutes (2003), a provision of the Jimmy Ryce Act authorizing a detainee to file a petition for habeas corpus to challenge conditions of confinement or the appropriateness of the secure facility in which the person is confined, after first exhausting administrative remedies....
...he trial court’s order makes no mention of that chapter. On appeal, Curry argues that the trial court imposed an unconstitutional limitation on his right to seek habeas corpus relief. We conclude that the trial court erred in its interpretation of section 394.9215 as a limitation on the general habeas corpus rights of detainees under the Jimmy Ryce Act. We do not construe section 394.9215 as an attempt by the legislature to limit the rights of Jimmy Ryce detainees to invoke the writ of habeas corpus....
