Extradition Laws in Florida
The attorneys at Sammis Law Firm in Tampa, FL, represent clients who are facing extradition to Florida. For more information about extradition to or from Florida, contact us to discuss your case.
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Florida Statute Section 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 of Florida unless in writing alleging, except in cases arising under s. 941.06, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he or she fled from Florida, and accompanied by an authenticated copy of an indictment found or by information supported by affidavit in Florida, or by a copy of a warrant supported by an affidavit made before a committing magistrate of Florida; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his or her bail, probation, or parole.
The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of Florida; and the copy of indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand.
Florida Statute Section 941.05
Extradition of persons imprisoned or awaiting trial in another state or who have left Florida under compulsion.–
(1) When it is desired to have returned to Florida a person charged in Florida with a crime, and such person is imprisoned or is held under criminal proceedings then pending against the person in another state, the Governor of Florida may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or the person’s term of sentence in such other state, upon condition that such person be returned to such other state at the expense of Florida as soon as the prosecution in Florida is terminated.
(2) The Governor of Florida may also surrender on demand of the executive authority of any other state any person in Florida who is charged in the manner provided in s. 941.23 with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.
Florida Statute Section 941.06
Extradition of persons not present in demanding state at time of commission of crime.–The Governor of Florida may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in s. 941.03 with committing an act in Florida, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this chapter not otherwise inconsistent, shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.
Florida Statute Section 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 him or her unless the person shall first be taken forthwith before a judge of a court of record in Florida, who shall inform the person of the demand made for his or her surrender and of the crime with which the person is charged, and that the person has the right to demand and procure legal counsel; and if the prisoner or his or her counsel shall state that he or she or they desire to test the legality of the arrest, the judge of such court of record shall fix a reasonable time to be allowed him or her within which to apply for a writ of habeas corpus.
When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the state attorney for the county in which the arrest is made, and in which the accused is in custody, and to the said agent of the demanding state.
(2) A warrant issued under s. 941.07 shall be presumed to be valid, and unless a court finds that the person in custody is not the same person named in the warrant, or that the person is not a fugitive from justice, or otherwise subject to extradition under s. 941.06, or that there is no criminal charge or criminal proceeding pending against the person in the demanding state, or that the documents are not on their face in order, the person named in the warrant shall be held in custody at all times and shall not be eligible for release on bail.
Florida Statute Section 941.22
Fugitives from Florida ; duty of Governor.–Whenever the Governor of Florida shall demand a person charged with crime or with escaping from confinement or breaking the terms of his or her bail, probation, or parole in Florida, from the executive authority of any other state, or from the Chief Justice or an associate justice of the Supreme Court of the District of Columbia authorized to receive such demand under the laws of the United States, the Governor of Florida shall issue a warrant under the seal of Florida, to some agent, commanding the agent to receive the person so charged if delivered to him or her and convey the person to the proper officer of the county in Florida in which the offense was committed.
This article was last updated on Wednesday, June 13, 2018.