Widel v. Venz
Widel v. Venz
Opinion of the Court
Widel petitions this court for relief,
In his petition, Widel alleges he opted to represent himself in a detainment proceeding held on November 30, 1999, and has been incarcerated at South Bay since that time. He also asserts that the DCF has promulgated no rules regarding access to
Thereafter, Widel sought relief in the trial court in Osceola County, the court where he had been convicted of a lewd assault and sexual battery on a victim under the age of sixteen,
Widel then filed his petition in the Florida Supreme Court, which in turn treated his petition as mandamus and transferred the matter to the Fifth District Court of Appeal. Like the circuit court in the Ninth Judicial Circuit, we conclude that we also lack jurisdiction to entertain this petition, although we are in sympathy with a person’s right to defend him/herself in an involuntary commitment proceeding like the Jimmy Ryce Act and as a part of that, to be provided with adequate legal research facilities, copying machines, and the like. See Bounds v. Smith, 430 U.S. 817, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977); Mitchell v. Moore, 786 So.2d 521 (Fla. 2001).
Analogous to the criminal cases,
If relief is not obtained in the administrative setting, he or she may then file a Petition for Writ of'Mandamus in the circuit court which has jurisdiction over the institution in which he or she is being held. Holveck v. State, 730 So.2d 407, 408 (Fla. 5th DCA 1999); Killings v. State, 567 So.2d 60 (Fla. 4th DCA 1990). The district court of appeal having jurisdiction over the circuit court would then have appellate jurisdiction to review the ruling of that court. In this case, that appellate court would be the Fourth District Court of Appeal.
Petition for Writ of Mandamus DISMISSED.
. We elect to treat his petition as one for mandamus relief.
. DCF is the entity responsible for placing detainees in “an appropriate secure facility.” See § 394.9135(1), Fla. Stat. (2000). See also Ch. 99-222 § 1, at 961, Laws of Fla.
.DCF uses South Bay to house pretrial detainees who have declined to participate in voluntary counseling/treatment programs offered by DCF. No counseling or treatment is provided at that facility. State, Dept. of Children & Families v. Jaclcson, 790 So.2d 535 (Fla. 2d DCA2001).
. §§ 794.011, 800.04, Fla. Stats. (1987).
. Moore v. Peavey, 729 So.2d 494 (Fla. 5th DCA 1999); Smith v. State, 785 So.2d 1237 (Fla. 4th DCA 2001).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.