KEVIN JORDAN
v.
THE STATE OF FLORIDA
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Kevin Jordan, a sexually violent predator civilly committed under Florida law, appealed the dismissal of his habeas corpus petition filed in the wrong judicial circuit. The court reversed because the petition was filed in the Eleventh Judicial Circuit when Florida Rules of Civil Procedure required it be filed in the Twelfth Judicial Circuit where the facility holding him is located.
The Eleventh Judicial Circuit lacked authority to hear the petition because Florida Rule of Civil Procedure 4.460 requires that habeas corpus petitions in sexually violent predator cases be filed in the county where the facility in which the petitioner is confined is located. The petition should have been filed in the Twelfth Judicial Circuit.
[1] A habeas corpus petition filed under Chapter 394, Florida Statutes, by a person subject to involuntary civil commitment as a sexually violent predator must be filed in th…
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Join FLexlaw to unlock all legal intelligence“be filed in the county where the facility in which the petitioner is confined is located”
Establishes the mandatory venue requirement for habeas corpus petitions in sexually violent predator cases under Fla. R. Civ. P.–S.V.P. 4.460
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Join FLexlaw to unlock all legal intelligenceKevin Jordan is confined at a facility in Arcadia, which is located in DeSoto County, Florida. He filed a petition for habeas corpus challenging his c…
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MILLER, J.
Appellant, Kevin Jordan, the respondent in involuntary civil commitment proceedings below, appeals from the dismissal of his petition for habeas corpus. Having been committed as a sexually violent predator under Chapter 394, Florida Statutes, he is currently in the custody of the Florida Department of Children and Families. Because there were no allegations of ineffective assistance of counsel, under rule 4.460 of the Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators, the petition had to “be filed in the county where the facility in which the petitioner is confined is located.” Fla. R. Civ. P.–S.V.P. 4.460. Petitioner is currently confined in Arcadia, which is located in DeSoto County, Florida. Concluding therefore that the Eleventh Judicial Circuit lacked authority to deny the petition under review, we decline to reach the merits and, instead, reverse the order dismissing the petition for writ of habeas corpus and remand with instructions to transfer the petition to the Twelfth Judicial Circuit. See Shaw v. State, 49 Fla. L. Weekly D1941 (Fla. 3d DCA Sept. 25, 2024).
Reversed and remanded.
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Cited By
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Jordan v. State, 49 Fla. L. Weekly D1941 (Fla. 3d DCA 2024)
Authorities Cited
- Jordan v. State, 49 Fla. L. Weekly D1941 (Fla. 3d DCA 2024)