Florida Statute 394.9215 - Full Text and Legal Analysis

The 2025 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

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Amendments to 394.9215

Annotations, Discussions, Cases:

Cases Citing Statute 394.9215

Total Results: 11

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

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

Supreme Court of Florida | Filed: Jul 9, 2009 | Docket: 1188234

Cited 6 times | Published

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

Morel v. Wilkins

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

Supreme Court of Florida | Filed: Mar 8, 2012 | Docket: 60306685

Cited 3 times | Published

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

State v. Ducharme

881 So. 2d 70, 2004 WL 1856023

District Court of Appeal of Florida | Filed: Aug 20, 2004 | Docket: 1466233

Cited 3 times | Published

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

Gering v. State

252 So. 3d 334

District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 7511606

Cited 1 times | Published

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

Aaron Shaw v. the State of Florida

District Court of Appeal of Florida | Filed: Sep 25, 2024 | Docket: 69193514

Published

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

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

Supreme Court of Florida | Filed: Sep 14, 2023 | Docket: 67748975

Published

petitions, 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

Supreme Court of Florida | Filed: Aug 31, 2023 | Docket: 67748975

Published

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

McKee v. Jacobo

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

District Court of Appeal of Florida | Filed: Dec 4, 2013 | Docket: 60236899

Published

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

Morel v. Sheldon

67 So. 3d 1062, 2010 Fla. App. LEXIS 18305, 2010 WL 4861507

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 60301921

Published

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

Curry v. Hadi

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

District Court of Appeal of Florida | Filed: Apr 29, 2005 | Docket: 64838755

Published

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

Pearson v. State

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

District Court of Appeal of Florida | Filed: Nov 24, 2004 | Docket: 64834444

Published

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