Florida Statute 79.08 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 79
HABEAS CORPUS

View Entire Chapter

79.08 Hearing and judgment.—The court, justice, or judge before whom the prisoner is brought shall inquire without delay into the cause of the prisoner’s imprisonment, and shall either discharge the prisoner, admit him or her to bail or remand him or her to custody, as the law and the evidence require; and shall either award against the prisoner the charges of his or her transportation, not exceeding 15 cents per mile and the costs of the proceedings, or shall award the costs in the prisoner’s favor, or shall award no costs or charges against either party, as is right. The clerk of the court in which such action is pending shall issue execution for the costs and charges awarded.

History.—s. 5, Sept. 16, 1822; s. 8, ch. 3129, 1879; RS 1777; GS 2254; RGS 3577; CGL 5441; s. 29, ch. 67-254; s. 418, ch. 95-147.

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Amendments to 79.08

Annotations, Discussions, Cases:

Cases Citing Statute 79.08

Total Results: 2

Bard v. Wolson

687 So. 2d 254, 1996 WL 685577

District Court of Appeal of Florida | Filed: Feb 4, 1997 | Docket: 1718423

Cited 2 times | Published

to custody, as the law and evidence require." § 79.08. In the present case, the trial court seemed to

Ago

Florida Attorney General Reports | Filed: May 18, 1976 | Docket: 3255598

Published

General Revenue Fund of the State Treasury. Section 79.08, F. S., further addresses the matter of habeas

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.