Can Legislature Impose Procedural Limitations on Habeas Corpus Petitions ?
In Allen v. Butterworth, 756 So. 2d 52 (Fla. 2000), this Court held:
The writ of habeas corpus and other postconviction remedies are not the type of "original civil action" described in Williams v. Law, 368 So. 2d 1285 (Fla. 1979), for which the Legislature can establish deadlines pursuant to a statute of limitations.
Due to the constitutional and quasi-criminal nature of habeas proceedings and the fact that such proceedings are the primary avenue through which convicted defendants are able to challenge the validity of a conviction and sentence, we hold that article V, section 2(a) of the Florida Constitution grants this Court the exclusive authority to set deadlines for postconviction motions. Id. at 62.
The clear rule established by Allen is that the Legislature cannot impose procedural limitations on habeas petitions.
Section 95.11(5)(f) provides that "a petition for extraordinary writ, other than a petition challenging a criminal conviction," must commence within one year.