ALLEN BOCHARSKI, PETITIONER,
v.
THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA, RESPONDENT
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A writ of mandamus is granted to compel the circuit court to process a habeas corpus petition without requiring a filing fee or affidavit of insolvency.
Petitioner sought a writ of mandamus to compel a circuit court to act on a pending habeas corpus petition. The circuit court had not acted on the peti…
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PER CURIAM.
Petitioner seeks a writ of mandamus to compel the Second Judicial Circuit Court to issue an order on petitioner’s pending writ of habeas corpus. Petitioner filed his petition for writ of habeas corpus in the Seventh Judicial Circuit and it was transferred to the Second Judicial Circuit on July 25, 1988. Since that time, the petition for writ of habeas corpus has been pending without action.
Respondent states that petitioner has not submitted a properly executed affidavit of insolvency to the clerk of the circuit court. Respondent argues that the affidavit is mandatory in order to waive filing fees. The Constitution of the State of Florida requires the clerk to receive, docket and deliver to the assigned judge all petitions for writs of habeas corpus without any delay and at no cost to petitioner or anyone. Article I, section 13, Florida Constitution, reads:
Habeas corpus. — The writ of habeas corpus shall be grantable of right, freely and without cost. It shall be returnable without delay, and shall never be suspended unless, in case of rebellion or invasion, suspension is essential to the public safety.
A petitioner is not required to either pay a filing fee or submit an oath of indigency before his petition for writ of habeas corpus will be processed. Bradley v. Sturgis, 541 So. 2d 766 (Fla. 5th DCA 1989).
The petition for writ of mandamus is granted. The clerk of the circuit court is directed to deliver to the assigned judge the petition for writ of habeas corpus without any further delay at no cost to petitioner. Writ issued.
SHIVERS, C.J., and WENTWORTH and WIGGINTON, JJ., concur.
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Peace River/Manasota Reg'l Water Supply Auth. v. IMC Phosphates Co., 18 So. 3d 1079 (Fla. 2d DCA 2009)…adverse impacts will remain postmitigation, DEP has properly exercised its statutory discretion under section 373.414(l)(b) to determine whether the proposed mitigation is suffi- [*1087] dent. See 1800 Atl. Developers v. Dep’t of Envtl. Regulation, 552 So. 2d 946, 955 (Fla. 1st DCA 1989) (analyzing the statutory predecessor to section 373.414(l)(b) and holding that “[i]t is the responsibility of DER ... to establish mitigative measures acceptable to it under the statute” and “to define mitigative measures th…
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Robert E. Banks v. Jones, 197 So. 3d 1152 (Fla. 1st DCA 2016)…thout cost. It shall be returnable without delay[.]” Art. .1, § 13, Fla. Const, -(emphasis added). District courts have enforced this constitutional mandate unequivocally. Bocharski v. Circuit Court of Second Judicial Circuit In and For Leon County, 552 So. 2d 946 (Fla. 1st DCA 1989); Bradley v. Sturgis, 541 So. 2d 766 (Fla. 5th DCA 1989). But where the claim is not based on the assertion that a person is detained without lawful authority, but. solely on the claim that, administration of the detention is not…
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Kendrick v. McNEIL, 6 So. 3d 657 (Fla. 1st DCA 2009)…9 So. 2d 391 (Fla. 1st DCA 1987); see also Holland v. State, 791 So. 2d 1256 (Fla. 5th DCA 2001). No filing fee may be assessed in a true habeas corpus proceeding. See Art. I, § 13, Fla. Const.; Bocharski v. Circuit Court of Second Judicial Circuit, 552 So. 2d 946 (Fla. 1st DCA 1989). The circuit court departed from the essential requirements of law by converting the habe-as corpus petition to mandamus. It should have determined whether it was the proper court to consider the petition for writ of habeas corpu…
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