Florida Statutes
Fla. Stat. § 941.03 (2025)
Form of demand.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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 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 the state, and accompanied by an authenticated copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of a warrant supported by an affidavit made before a committing magistrate of the demanding state; 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 that state; and the copy of indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand.
Notes of Decisions
Cited in 49
cases (1 in the last 5 years), 1953–2025 · leading case: Josey v. Galloway, 482 So. 2d 376 (Fla. 1st DCA 1985).
Josey v. Galloway, 482 So. 2d 376 (Fla. 1st DCA 1985). “See § 941.03, Fla. Stat. (1983). [2] The governor of the asylum state must then determine, as a matter of law, whether the accused has been substantially charged with a crime in the demanding state and whether, as a matter of fact, upon such evidence as is satisfactory to him,…”
Clarke v. Blackburn, 151 So. 2d 325 (Fla. 2d DCA 1963). “NOTES [1] Section 941.03, Florida Statutes 1961, F.”
Blasi v. State, 192 So. 2d 307 (Fla. 4th DCA 1966). “The formal requirements as to the content of this demand are provided in F.S.A. § 941.03 [1] . Paraphrasing the pertinent portions, we notice that no such demand shall be recognized by the Governor of Florida unless it is accompanied by either 1) a copy of the indictment, or a…”
Shapiro v. State, 456 So. 2d 968 (Fla. 2d DCA 1984). “Both the indictment and capias were duly authenticated by the clerk of the court in Texas from which they were issued.”
Moore v. State, 407 So. 2d 991 (Fla. 3d DCA 1981). “Upon determining that the demand should be honored, the governor issues a warrant of arrest. A fugitive who opposes extradition may seek a writ of habeas corpus.”
Fauls v. Sheriff of Leon Cnty., 394 So. 2d 117 (Fla. 1981). “Upon determining that the requirements of section 941.03, Florida Statutes (1979), had been met, the governor of Florida signed a rendition warrant for Fauls' arrest and return to Georgia.”
State v. Cox, 306 So. 2d 156 (Fla. 2d DCA 1974). “Fla. Stat. § 941.03 (1973). The Governor of Florida must examine the demand for the formal allegations required by Fla.”
Britton v. State, 447 So. 2d 458 (Fla. 2d DCA 1984). “§ 941.03, Fla. Stat. (1981). In the case at bar, no such copy was provided.”
Lawrence v. Luster, 575 So. 2d 220 (Fla. 3d DCA 1991). “Luster petitioned for a writ of habeas corpus, alleging that the California extradition documents failed to meet the requirements of the Florida extradition statute, section 941.03, Florida Statutes (1989). The trial court correctly granted the petition.”
State v. Luster, 596 So. 2d 454 (Fla. 1992). “§ 941.03, Fla. Stat. (1989). [2] To facilitate compliance with the federal standards, most states including Florida and California have adopted the Uniform Criminal Extradition Act.”
State v. Soto, 423 So. 2d 362 (Fla. 1982). “06 provides that the Governor of Florida may surrender on demand of the governor of any other state, any person in Florida charged in such other state in the manner provided in section 941.03 with committing an act in Florida or in a third state, intentionally resulting in a…”
Lawrence v. Pestana, 560 So. 2d 248 (Fla. 3d DCA 1990). “The trial court granted the petition for writ of habeas corpus because it found that the affidavit upon which the warrant was issued had not been duly authenticated by the executive authority of the demanding state as required by section 941.03, Florida Statutes (1987). Section…”
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