Florida Statutes Part I - Uniform Interstate Extradition (Ss. 941.01-941.42)

• 941.01 - Definition.
  Where appearing in this chapter, the term “Governor” includes any person performing the functions of Governor by authority of the law of this state. The...
• 941.02 - Fugitives From Justice; Duty Of Governor.
  Subject to the provisions of this chapter, the provisions of the Constitution of the United States controlling, and any and all Acts of Congress enacted...
• 941.03 - Form Of Demand.
  No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except...
• 941.04 - Governor May Investigate Case.
  When a demand shall be made upon the Governor of this state by the executive authority of another state for the surrender of a person...
• 941.05 - Extradition Of Persons Imprisoned Or Awaiting Trial In Another State Or Who Have Left The Demanding State Under Compulsion.
  (1) When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or...
• 941.06 - Extradition Of Persons Not Present In Demanding State At Time Of Commission Of Crime.
  The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in...
• 941.07 - Issue Of Governor’s Warrant Of Arrest; Its Recitals.
  If the Governor decides that the demand should be complied with, he or she shall sign a warrant of arrest, which shall be sealed with...
• 941.08 - Manner And Place Of Execution.
  Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he...
• 941.09 - Authority Of Arresting Officer.
  Every such peace officer or other person empowered to make the arrest, shall have the same authority, in arresting the accused, to command assistance therein,...
• 941.10 - Rights Of Accused Person; Application For Writ Of Habeas Corpus.
  (1) No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person shall have appointed to receive...
• 941.11 - Penalty For Noncompliance With S. 941.10.
  Any officer who shall deliver to the agent for extradition of the demanding state a person in his or her custody under the Governor’s warrant,...
• 941.12 - Confinement In Jail When Necessary.
  (1) The officer or persons executing the Governor’s warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered,...
• 941.13 - Arrest Prior To Requisition.
  Whenever any person within this state shall be charged on the oath of any credible person before any judge of this state with the commission...
• 941.14 - Arrest Without A Warrant.
  The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that...
• 941.15 - Commitment To Await Requisition; Bail.
  If from the examination before the judge it appears that the person held is the person charged with having committed the crime alleged and, except...
• 941.16 - Bail; In What Cases; Conditions Of Bond.
  Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of...
• 941.17 - Extension Of Time Of Commitment, Adjournment.
  If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge...
• 941.18 - Forfeiture Of Bail.
  If the prisoner is admitted to bail, and fails to appear and surrender himself or herself according to the conditions of his or her bond,...
• 941.19 - Persons Under Criminal Prosecution In This State At Time Of Requisition.
  If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the Governor, in his or...
• 941.20 - Guilt Or Innocence Of Accused, When Inquired Into.
  The guilt or innocence of the accused as to the crime of which he or she is charged may not be inquired into by the...
• 941.21 - Governor May Recall Warrant Or Issue Alias.
  The Governor may recall his or her warrant or warrants of arrest or may issue another warrant whenever he or she deems proper.History.—s. 21, ch....
• 941.22 - Fugitives From This State; Duty Of Governor.
  Whenever the Governor of this state shall demand a person charged with crime or with escaping from confinement or breaking the terms of his or...
• 941.23 - Application For Issuance Of Requisition; By Whom Made; Contents.
  (1) When the return to this state of a person charged with crime in this state is required, the bailiff or state attorney shall present to...
• 941.24 - Costs And Expenses.
  The costs and expenses of confinement of persons convicted in this state after extradition shall be paid as now or hereafter provided by law.History.—s. 24,...
• 941.25 - Immunity From Service Of Process In Certain Civil Actions.
  A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal...
• 941.26 - Written Waiver Of Extradition Proceedings.
  (1) Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the...
• 941.27 - Nonwaiver By This State.
  Nothing in this chapter contained shall be deemed to constitute a waiver by this state of its right, power, or privilege to try such demanded...
• 941.28 - No Right Of Asylum; No Immunity From Other Criminal Prosecutions While In This State.
  After a person has been brought back to this state by, or after waiver of, extradition proceedings, the person may be tried in this state...
• 941.29 - Interpretation.
  The provisions of ss. 941.01-941.30 shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states...
• 941.30 - Short Title; Ss. 941.01-941.29.
  Sections 941.01-941.29 may be cited as the “Uniform Criminal Extradition Law.”History.—s. 30, ch. 20460, 1941.
• 941.31 - Fresh Pursuit; Authority Of Officers Of Other States; Etc.
  Any duly authorized state, county, or municipal arresting officer of another state of the United States who enters this state in fresh pursuit, and continues...
• 941.32 - Fresh Pursuit; Arrest; Etc.
  If an arrest is made in this state by an officer of another state in accordance with the provisions of s. 941.31, the officer shall...
• 941.33 - Fresh Pursuit; Validity Of Arrest.
  Section 941.31 shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful.History.—s. 3, ch. 20461, 1941.
• 941.34 - Definition Of “state.”
  For the purpose of this law the word “state” shall include the District of Columbia.History.—s. 4, ch. 20461, 1941.
• 941.35 - Definition Of “fresh Pursuit.”
  The term “fresh pursuit” as used in this law shall include fresh pursuit as defined by the common law, and also the pursuit of a...
• 941.37 - Short Title; Ss. 941.31-941.35.
  Sections 941.31-941.35 may be cited as the “Uniform Law on Fresh Pursuit.”History.—s. 8, ch. 20461, 1941; s. 56, ch. 83-215.
• 941.38 - Extradition Of Persons Alleged To Be Of Unsound Mind.
  (1) A person alleged to be of unsound mind found in this state who has fled from another state in which at the time of flight,...
• 941.39 - Extradition Of Persons Alleged To Be Of Unsound Mind; Definitions.
  In this chapter, unless the context or subject matter otherwise requires:(1) “Flight” or “fled” means any voluntary or involuntary departure from the jurisdiction of the court...
• 941.40 - Extradition Of Persons Alleged To Be Of Unsound Mind; Procedure; Limitation Of Detention; Costs.
  (1) Whenever the executive authority of any state demands of the executive authority of this state any fugitive within the purview of s. 941.38 and produces...
• 941.41 - Extradition Of Persons Alleged To Be Of Unsound Mind; Governor To Demand.
  The Governor is vested with the power, on the application of any person interested, to demand the return to this state of any fugitive within...
• 941.42 - Extradition Of Persons Alleged To Be Of Unsound Mind; Purpose Of Law.
  This law is remedial and shall be in addition and as a supplement to any and all existing methods of procedure, including reciprocal agreements between...

Last modified: September 23, 2016