Gillard v. FLORIDA PAROLE COM'N, No. 1D00-3702.

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM.
Citation784 So.2d 1214
PartiesHoward L. GILLARD, Petitioner, v. FLORIDA PAROLE COMMISSION, Respondent.
Docket NumberNo. 1D00-3702.
Decision Date17 April 2001

784 So.2d 1214

Howard L. GILLARD, Petitioner,
v.
FLORIDA PAROLE COMMISSION, Respondent.

No. 1D00-3702.

District Court of Appeal of Florida, First District.

April 17, 2001.

Rehearing Denied May 25, 2001.


784 So.2d 1215
Howard L. Gillard, Petitioner, pro se.

William L. Camper, General Counsel, Florida Parole Commission, Tallahassee, for Respondent.

PER CURIAM.

Petitioner, Howard L. Gillard, a prisoner incarcerated in Walton County, filed a petition for writ of mandamus in the Circuit Court of Leon County in which he challenged the Florida Parole Commission's revocation of his conditional release. He claimed that the Commission lacked the authority to revoke after it waited more than 45 days to conduct the final revocation hearing. See sec. 947.141(2), Fla. Stat. (1991). The lower court denied the petition, and Petitioner filed a petition for writ of certiorari in this court. We grant the petition.

Because Petitioner claimed an entitlement to immediate release, the appropriate vehicle for raising the claim is a petition for writ of habeas corpus in the county in which he is currently incarcerated. See, e.g., Stanley v. Moore, 744 So.2d 1160 (Fla. 1st DCA 1999); Steele v. State, 733 So.2d 1117 (Fla. 4th DCA 1999); sec. 79.09, Fla. Stat. (1999). Thus, because Petitioner was not incarcerated in Leon County, the Circuit Court of Leon County lacked territorial jurisdiction over this action. See Lewis v. Florida Parole Commission, 697 So.2d 965 (Fla. 1st DCA 1997). Accordingly, we grant the petition for writ of certiorari, quash the order below, and remand with instructions to treat the action as a petition for writ of habeas corpus and immediately transfer the petition to the circuit court that has jurisdiction over the correctional facility in which Petitioner is currently incarcerated.

MINER, KAHN and WEBSTER, JJ., concur.

To continue reading

Request your trial
6 practice notes
  • Spencer v. Florida Parole Commission, No. 1D03-5534.
    • United States
    • Court of Appeal of Florida (US)
    • June 3, 2004
    ...judicial circuit of the county in which appellant is currently detained. § 79.09, Fla. Stat. (2003); Gillard v. Florida Parole Comm'n, 784 So.2d 1214 (Fla. 1st DCA 2001); Williams v. Florida Parole Comm'n, 760 So.2d 959 (Fla. 1st DCA 2000); Clark v. State, 779 So.2d 606 (Fla. 2d DCA 2001); ......
  • Heard v. Florida Parole Commission, No. 1D01-2274.
    • United States
    • Court of Appeal of Florida (US)
    • March 20, 2002
    ...conditions of an early release program is properly filed in a petition for a writ of habeas corpus, see Gillard v. Florida Parole Comm'n, 784 So.2d 1214, 1215 (Fla. 1st DCA 2001), and "a petition for a writ of habeas corpus ... is constitutionally exempt from all court costs and filing fees......
  • Knowles v. FLORIDA PAROLE COM'N, No. 1D02-2941.
    • United States
    • Court of Appeal of Florida (US)
    • June 9, 2003
    ...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 incarc......
  • Thomas v. McNeil, No. 1D08-0763.
    • United States
    • Court of Appeal of Florida (US)
    • September 22, 2008
    ...court having jurisdiction over the correctional facility in which petitioner is currently housed. See Gillard v. Fla. Parole Comm'n, 784 So.2d 1214 (Fla. 1st DCA 2001); Stanley v. Moore, 744 So.2d 1160 (Fla. 1st DCA PETITION FOR WRIT OF CERTIORARI GRANTED, ORDER QUASHED AND MATTER REMANDED ......
  • Request a trial to view additional results
6 cases
  • Spencer v. Florida Parole Commission, No. 1D03-5534.
    • United States
    • Court of Appeal of Florida (US)
    • June 3, 2004
    ...judicial circuit of the county in which appellant is currently detained. § 79.09, Fla. Stat. (2003); Gillard v. Florida Parole Comm'n, 784 So.2d 1214 (Fla. 1st DCA 2001); Williams v. Florida Parole Comm'n, 760 So.2d 959 (Fla. 1st DCA 2000); Clark v. State, 779 So.2d 606 (Fla. 2d DCA 2001); ......
  • Heard v. Florida Parole Commission, No. 1D01-2274.
    • United States
    • Court of Appeal of Florida (US)
    • March 20, 2002
    ...conditions of an early release program is properly filed in a petition for a writ of habeas corpus, see Gillard v. Florida Parole Comm'n, 784 So.2d 1214, 1215 (Fla. 1st DCA 2001), and "a petition for a writ of habeas corpus ... is constitutionally exempt from all court costs and filing fees......
  • Knowles v. FLORIDA PAROLE COM'N, No. 1D02-2941.
    • United States
    • Court of Appeal of Florida (US)
    • June 9, 2003
    ...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 incarc......
  • Thomas v. McNeil, No. 1D08-0763.
    • United States
    • Court of Appeal of Florida (US)
    • September 22, 2008
    ...court having jurisdiction over the correctional facility in which petitioner is currently housed. See Gillard v. Fla. Parole Comm'n, 784 So.2d 1214 (Fla. 1st DCA 2001); Stanley v. Moore, 744 So.2d 1160 (Fla. 1st DCA PETITION FOR WRIT OF CERTIORARI GRANTED, ORDER QUASHED AND MATTER REMANDED ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT