Florida Statute 79.03 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 79
HABEAS CORPUS

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79.03 Service of writ.—When issued, the writ shall be served by the sheriff of the county in which the petitioner is alleged to be detained on the officer or other person against whom it is issued, or in his or her absence from the place where the prisoner is confined, on the person having the immediate custody of the prisoner. When the sheriff of the county is the person holding the party detained, a delivery to or receipt of the writ by the sheriff is sufficient service.

History.—s. 2, ch. 3129, 1879; RS 1772; GS 2249; RGS 3572; CGL 5436; s. 29, ch. 67-254; s. 415, ch. 95-147.

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Amendments to 79.03

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Cases Citing Statute 79.03

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Young v. Simmons, 506 So. 2d 434 (Fla. 2d DCA 1987).

Cited 3 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 586

...ction to hear the petition. The proper method for challenging an order of the Parole and Probation Commission when revoking parole is by a petition for writ of habeas corpus filed in the circuit court of the county in which the prisoner is detained. § 79.03, Fla....

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