To get a writ of habeas corpus, you must file a petition for a civil (not criminal) proceeding in either state or federal court. Article I, Section 13 of the Florida Constitution provides: AThe writ of habeas corpus shall be grantable of right, freely and without cost.79.01 Application and writ. What is a Habeas Corpus petition in Florida? Florida recognizes the writ of habeas corpus as a secondary post conviction relief remedy. At the state level in Florida, the writ can be filed in the circuit court, the district court of appeals or even the state supreme court. Latin phrase meaning "you have the body"; A civil proceeding used to review the legality of a prisoner's confinement in criminal cases. A person held in a secure facility under this part may file a petition for habeas corpus in the circuit court for the county in which the facility is located. § 2255 is not a petition for a writ of habeas corpus, but it has the same effect. Therefore, it is still referred to as a habeas petition. 7.
