CHRISTIFA A. KNOWLES A/K/A CHRISTOPHER KNOWLES, PETITIONER,
v.
FLORIDA PAROLE COMMISSION, RESPONDENT
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The circuit court departed from essential requirements of law by ordering a filing fee and ruling on a habeas petition outside its jurisdiction.
Knowles filed a habeas corpus petition challenging revocation of his conditional release supervision. The circuit court treated it as a petition for o…
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PER CURIAM.
Christifa Knowles filed a petition for habeas corpus in the Circuit Court of Leon County challenging an order of the Florida Parole Commission revoking his conditional release supervision. The circuit court treated the petition as a petition for other extraordinary relief, ordered Knowles to pay a filing fee and once the fee was paid, denied the petition. Knowles then filed a petition for writ of certiorari in this court. We grant the petition.
The filing of a petition for writ of habeas corpus is the proper method of challenging the revocation of an inmate’s conditional release supervision. See Heard v. Florida Parole Comm’n 811 So. 2d 808 (Fla. 1st DCA 2002); Gillard v. Florida Parole Comm’n, 784 So. 2d 1214 (Fla. 1st DCA 2001). An inmate’s petition for habeas corpus must be filed in the circuit court of the county in which the inmate is incarcerated. See Heard; Gil-lard. Moreover, a filing fee is not required in a habeas proceeding. See Heard.
In this case, Knowles was incarcerated in Charlotte County at the time he filed his petition for writ of habeas corpus. Thus, the circuit court for Leon County was without jurisdiction to rule on Knowles’ petition and should have transferred the petition to the circuit court for Charlotte County. The circuit court also departed from the essential requirements of the law when it ordered Knowles to pay a filing fee. We, therefore, quash the circuit court’s order and remand this case to the circuit court with directions to refund the filing fee paid by Knowles in accordance with the case management order, and to transfer Knowles’ petition to the circuit court of the Twentieth Judicial Circuit in and for Charlotte County, Florida.
VAN NORTWICK, PADOVANO and LEWIS, JJ, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Martin v. Fla. Parole Comm'n, 951 So. 2d 84 (Fla. 1st DCA 2007)…onal release supervision and his consequent incarceration was properly presented by petition for writ of habeas corpus, and the trial court further erred in converting the petition to one seeking non-habeas relief. See Knowles v. Fla. Parole Comm’n, 846 So. 2d 1246 (Fla. 1st DCA 2003); Heard v. Fla. Parole Comm’n, 811 So. 2d 808 (Fla. 1st DCA 2002). The parole commission suggests that the trial court nonetheless reached the correct result in light of section 95.11(5)(f), Florida Statutes (2006), which provide…
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Cooper v. Fla. Parole Comm'n, 924 So. 2d 966 (Fla. 4th DCA 2006)…ons challenging quasi-judicial actions to be filed within thirty days of rendition of the order to be reviewed. Although the trial court incorrectly converted appellant’s habeas petition into a mandamus petition, see Knowles v. Fla. Parole Comm’n, 846 So. 2d 1246 (Fla. 1st DCA 2003); Heard v. Fla. Parole Comm’n, 811 So. 2d 808 (Fla. 1st DCA 2002), the court properly denied the petition as untimely. § 95.11(5)(f), Fla. Stat. Accordingly, we affirm the dismissal of the petition. However, we reverse the trial c…
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Armour v. Fla. Parole Comm'n, 963 So. 2d 305 (Fla. 1st DCA 2007)…r directing him to pay a filing fee, and to transfer his petition to the Union County Circuit Court, the county where Armour is incarcerated. See, e.g., Carter v. Fla. Parole Comm’n, 955 So. 2d 665 (Fla. 1st DCA 2007); Knowles v. Fla. Parole Comm’n, 846 So. 2d 1246 (Fla. 1st DCA 2003). WOLF, PADOVANO, and ROBERTS, JJ., concur. . The petition for writ of certiorari was timely, because his motion for rehearing below was timely under the appellate rules and thus tolled the time for filing his notice of appeal.…
Authorities Cited
- Heard v. Fla. Parole Comm'n, 811 So. 2d 808 (Fla. 1st DCA 2002)
- Gillard v. Fla. Parole Comm'n, 784 So. 2d 1214 (Fla. 1st DCA 2001)