Florida Statutes
Fla. Stat. § 941.02 (2025)
Fugitives from justice; duty of Governor.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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 in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.
History.—s. 2, ch. 20460, 1941.
Arrestable Offenses under F.S. 941.02
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§941.02OUT-OF-STATE-FUG
Notes of Decisions
Cited in 12
cases (2 in the last 5 years), 1965–2025 · leading case: Paley v. Bieluch, 785 So. 2d 692 (Fla. 4th DCA 2001).
Paley v. Bieluch, 785 So. 2d 692 (Fla. 4th DCA 2001). “It is without dispute that on August 23, 2000, Petitioner began to be held without bond in Collier County as an out-of-state fugitive from justice on a Georgia warrant issued January 14, 1999, pursuant to section 941.02, Florida Statutes, for possible extradition.”
Fauls v. Sheriff of Leon Cnty., 394 So. 2d 117 (Fla. 1981). “Section 941.02, Florida Statutes (1979). The demand is considered proper when the executive authority of the demanding state alleges in writing that the accused was present in the demanding state when the crime was committed and has since fled from the state.”
State v. Ducharme, 881 So. 2d 70 (Fla. 5th DCA 2004). “[4] The authority to extradite fugitives from justice emanates from Article IV, Section 2, United States Constitution, and only applies to those charged with "treason, felony or other crime.”
Matter of Extradition of Dixon, 487 So. 2d 1195 (Fla. 2d DCA 1986). “§§ 941.02, 941.03, Fla. Stat. (1985). In such cases, the only issues the prisoner may contest are whether he is the person named in the warrant and whether there is sufficient evidence to show he was in the demanding state at the time of the offense.”
Josey v. Galloway, 482 So. 2d 376 (Fla. 1st DCA 1985). “Section 941.02 directs the governor of Florida "to have arrested and delivered up" to another state "any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.”
Carter v. Coleman, 443 So. 2d 491 (Fla. 2d DCA 1984). “It is not logical to assume that in considering appellant’s initial habeas corpus petition, the trial court dismissed the entire extradition proceeding when it ordered in pertinent part: “[Tjhese proceedings against Defendant be and are hereby dismissed and the Warrant For…”
France v. Judd, 932 So. 2d 1263 (Fla. 2d DCA 2006). “§§ 3182 , 3194, and 3195; § 941.02, Fla. Stat. (2005). Likewise, under the uniform law the extradition process is primarily an executive function, in which the governor of the state from which the fugitive has fled may issue a written demand, or "requisition," to the governor of…”
Thomas E. Johnson v. State of Florida (Fla. 3d DCA 2025). “Under section 941.02, Florida Statutes, “it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state .”
York v. King (E.D.N.Y 2025). “54; Fla Stat. §§ 941.02–03, 941.23. The asylum state may issue a governor’s warrant, but a warrantless arrest of the individual is also permissible in the asylum state “upon reasonable information that the accused stands charged in Criminal Extradition Act, 11 U.”
Brown v. Purdy, 222 So. 2d 239 (Fla. 3d DCA 1969). “He relies on Fla.Stat. § 941.02, F.S.A. which provides: “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 in pursuance thereof, it is the duty of the governor of this state to…”
Farrell v. Buchanan, 26 Fla. Supp. 158 (Fla. Cir. Ct., Miami-Dade Cty. 1965). “03, Florida Statutes; (2) The petitioner has not fled from justice within the meaning of the statute, §§941.02 and 941.39; (3) The demand does not set forth an'offense under the laws of South Carolina; (4) That there is a divorce pending in South Carolina between petitioner’s…”
Abbott v. Genung, 238 So. 2d 135 (Fla. 2d DCA 1970). “Our Governors properly cooperated, as the Uniform Act requires in Section 941.02, toward this end. We are unable to say why Abbott was held six months before being brought back.”
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