Florida Statute 79.08 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 79
HABEAS CORPUS

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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

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Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1997).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1996 WL 685577

...termine it as the truth of the case requires." § 79.06(1). The court then determines the legality of the detention and "shall either discharge the prisoner, admit him or her to bail or remand him or her to custody, as the law and evidence require." § 79.08....

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Ago (Fla. Att'y Gen. 1976).

Published | Florida Attorney General Reports

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

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