What is a Habeas Corpus petition in Florida?

Florida recognizes the writ of habeas corpus as a secondary post-conviction relief remedy.

A Florida writ of habeas corpus is used instead of a Rule 3.850 post-conviction relief motion where the Rule 3.850 motion would ineffective or inadequate. It can also be used where there is a claim that does not attack the validity of the conviction or sentence. Such an instance would be to protect the rights of someone in custody, but not attack the validity of that custody.

The writ of habeas corpus in Florida is specifically provided for in the Florida Constitution, the Florida Statutes, and Florida court rules. A petition for writ of habeas corpus can be used when seeking a belated appeal in non-capital cases and for allegations of ineffective assistance of appellate counsel. Florida writs of habeas corpus have a custody requirement outlined in Florida Statute Section 79 and are typically filed in the circuit court with the notable exception being the claim of ineffective assistance of appellate counsel.

Florida habeas corpus petitions that have been denied can be appealed to the proper district court of appeal in the case of a circuit court filing, or via a petition for writ of certiorari to the supreme court in the event of a district court of appeal filing.

While there is no statute of limitations per se, a petition for writ of habeas corpus in Florida can be denied under laches. Like many other states, Florida does not permit the writ of habeas to be used where the claims could have been raised either at trial or on direct appeal. Similarly, claims that could have been raised under a Rule 3.850 motion for post-conviction relief or a previous habeas corpus petition are barred.