Florida Statute 394.9215 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 394.9215

Total Results: 11

Aaron Shaw v. the State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-09-25

Snippet: including petitions filed pursuant to Section 394.9215(1)(a), Florida Statutes, must be filed in

In Re: Amendments to Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators

Court: Supreme Court of Florida | Date Filed: 2023-09-14

Snippet: including petitions filed pursuant to section 394.9215(1)(a), Florida Statutes, must be

In Re: Amendments to Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators

Court: Supreme Court of Florida | Date Filed: 2023-08-31

Snippet: including petitions filed pursuant to section 394.9215(1)(a), Florida Statutes, must be

Gering v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-07-25

Citation: 252 So. 3d 334

Snippet: counsel, see Fla. R. Civ. P.— S.V.P. 4.460; § 394.9215, Fla. Stat. (2016). Additionally, the state attorney’s

McKee v. Jacobo

Court: District Court of Appeal of Florida | Date Filed: 2013-12-04

Citation: 127 So. 3d 857, 2013 WL 6246167, 2013 Fla. App. LEXIS 19202

Snippet: of a writ of habeas corpus pursuant to section 394.9215, Florida Statutes (2011).1 The circuit court concluded

Morel v. Wilkins

Court: Supreme Court of Florida | Date Filed: 2012-03-08

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

Snippet: changed in 2002, when the Legislature added section 394.9215, Florida Statutes, to the Act, providing respondents

Morel v. Sheldon

Court: District Court of Appeal of Florida | Date Filed: 2010-12-01

Citation: 67 So. 3d 1062, 2010 Fla. App. LEXIS 18305

Snippet: challenge some conditions of confinement. See § 394.9215, Fla. Stat. (2010). This case is an extreme example

In Re Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators

Court: Supreme Court of Florida | Date Filed: 2009-07-09

Citation: 13 So. 3d 1025, 34 Fla. L. Weekly Supp. 405, 2009 Fla. LEXIS 1020, 2009 WL 1956384

Snippet: habeas corpus proceedings brought under section 394.9215, Florida Statutes (2008).[2] Rule 4.460 is modified

Curry v. Hadi

Court: District Court of Appeal of Florida | Date Filed: 2005-04-29

Citation: 903 So. 2d 242, 2005 Fla. App. LEXIS 6056, 2005 WL 991493

Snippet: that the petition did not comply with section 394.9215, Florida Statutes (2003), a provision of the Jimmy

Pearson v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-11-24

Citation: 888 So. 2d 110, 2004 Fla. App. LEXIS 17880, 2004 WL 2729599

Snippet: be brought during commitment proceedings. See § 394.9215(2), Fla. Stat. (2002). Our affirmance is without

State v. Ducharme

Court: District Court of Appeal of Florida | Date Filed: 2004-08-20

Citation: 881 So. 2d 70, 2004 WL 1856023

Snippet: automatic stay provisions are contained in section 394.9215, Florida Statutes (2002), which provides that