DALE v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES (2025)

Appellant was civilly committed under the Sexually Violent Predators Act in October 2021. See § 394.917, Fla. Stat. (2021). In August 2023, Appellant filed a timely petition for writ of habeas corpus claiming ineffective assistance of counsel. See Fla. R. Civ. P.–S.V.P. 4.460. The circuit court summarily denied the habeas petition without explanation.

“Habeas corpus proceedings brought under rule 4.460 are governed by Fla. R. Crim. P. 3.850.” Fla. R. Civ. P.–S.V.P. 4.440(a)(2). The circuit court did not provide a rationale for its ruling and did not attach records conclusively showing Appellant was entitled to no relief. If the denial was because the petition was legally insufficient, Appellant was entitled to amend the petition. See Fla. R. Crim. P. 3.850(f)(2). If the denial was because the petition was conclusively resolved by the court record, the circuit court was required to attach “that portion of the files and records that conclusively shows that the [petitioner] is entitled to no relief.” See Fla. R. Crim. P. 3.850(f)(5). Otherwise, Appellant is entitled to an evidentiary hearing on the allegations in his petition. See Thomason v. State, 389 So. 3d 782, 782–83 (Fla. 1st DCA 2024). We therefore reverse and remand for further proceedings as required by rule 3.850.

Reversed and Remanded.

Per Curiam.

Roberts, Ray, and Bilbrey, JJ., concur.