AARON SHAW

v.

THE STATE OF FLORIDA

LOBREE, J.

Aaron Shaw appeals the trial court’s order treating his motion to vacate

his civil commitment or alternative petition for writ of habeas corpus for

release from custody of the Florida Department of Children and Family

Services as a motion for postconviction relief and denying the motion as time

barred under Florida Rule of Criminal Procedure 3.850(b). We reverse the

denial of the petition with directions that it be transferred to the circuit court

in the county where the facility in which Shaw is confined is located.

BACKGROUND

On February 4, 1986, Shaw entered a plea of guilty to sexual battery

in lower tribunal case number F85-27788. He was sentenced to two and a

half years in a youthful offender facility. Thereafter, Shaw was found guilty

of kidnapping and sexual battery with force in lower tribunal case number

F88-18402. Following direct appeal, his sentence was corrected to

seventeen years in prison. See Shaw v. State, 586 So. 2d 1276 (Fla. 3d DCA

1991).

On October 19, 2004, in lower tribunal case number 04-21999-CA-01,

the State filed a petition for involuntary civil commitment of Shaw as a

sexually violent predator. The trial court found probable cause and the civil

commitment proceedings proceeded to trial. In 2007, after a jury trial, the

jury was unable to return a unanimous verdict.

The State filed another petition in November 2007. Probable cause

was found. On May 5, 2008, after a jury trial, Shaw was committed to the

custody of the Florida Department of Children and Family Services as a

sexually violent predator. His commitment was affirmed on direct appeal.

Shaw v. State, 36 So. 3d 108 (Fla. 3d DCA 2010) (table).

Almost thirteen years later, in March 2023, Shaw filed his motion to

vacate civil commitment or alternative petition for habeas corpus in the trial

court, contending that commencement of his civil commitment proceedings

was barred by the controlling statutory limitations of section 95.11, Florida

Statutes. The State responded to the motion/petition, noting that

proceedings regarding the involuntary commitment of sexually violent

predators are governed by a specific set of rules, “Florida Rules of Civil

Procedure for Involuntary Commitment of Sexually Violent Predators.” See

In re Fla. Rules of Civ. Proc. for Involuntary Commitment of Sexually Violent

Predators, 13 So. 3d 1025 (Fla. 2009). While the State recognized that

Florida Rule of Civil Procedure for Involuntary Commitment of Sexually

Violent Predators 4.460 allows a committed individual to file a petition for

habeas corpus alleging ineffective assistance of counsel in the county in

which the judgment was rendered within two years after the judgment

becomes final, it then argued that the petition should be denied as untimely

under rule 3.850, and also contended that the issues raised could have been

raised in a prior timely motion or in Shaw’s direct appeal. The trial court

denied the motion as untimely. This appeal follows.

ANALYSIS

The State correctly argued below that rule 4.460 governs post

judgment habeas corpus petitions. The rule provides:

The respondent may file a petition for habeas corpus alleging ineffective assistance of counsel in the county in which the judgment was rendered within two years after the judgment becomes final. All other habeas corpus petitions, including petitions filed pursuant to Section 394.9215(1)(a), Florida Statutes, must be filed in the county where the facility in which the petitioner is confined is located. Habeas corpus proceedings brought under this rule shall be governed by Fla. R. Crim. P. 3.850.

Fla. R. Civ. P.–S.V.P. 4.460 (2023) (emphasis added).¹ As the trial court is

not located in the county where Shaw is confined at the Florida Civil

Commitment Center in Arcadia, Florida, it lacked authority to deny the

motion/petition on review.

Accordingly, we decline to reach the merits and reverse the order

denying the petition for writ of habeas corpus and remand with directions that

it be transferred to the Circuit Court of the Twelfth Judicial Circuit, in and for

DeSoto County, Florida, for consideration as a petition for habeas corpus

pursuant to rules 4.460 and 4.440(a)(2). See generally Snipes v. Florida

Dep’t of Child. & Families, SC20-1303, 2020 WL 7330057, at *1 (Fla. Dec.

14, 2020).2

Reversed and remanded with directions.