Florida Statutes
Fla. Stat. § 941.05 (2025)
Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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 is held under criminal proceedings then pending against the person in another state, the Governor of this state 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 this state as soon as the prosecution in this state is terminated.
(2) The Governor of this state may also surrender on demand of the executive authority of any other state any person in this state 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.
Arrestable Offenses under F.S. 941.05
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§941.05FLIGHT TO AVOIDGOVERNORS WARRANT EXTRADITION
Notes of Decisions
Cited in 3
cases, 1956–1986 · leading case: Matter of Extradition of Dixon, 487 So. 2d 1195 (Fla. 2d DCA 1986).
Matter of Extradition of Dixon, 487 So. 2d 1195 (Fla. 2d DCA 1986). “On the other hand, section 941.05(2), Florida Statutes (1985), provides that the governor may order the arrest and transport of persons who have left the demanding state involuntarily.”
Jenkins v. Wainwright, 45 Fla. Supp. 185 (Fla. Cir. Ct. 1977). “The respondent and petitioner agree that petitioner while in custody of the state of Kentucky was returned to the state of Florida pursuant to an executive agreement as authorized by Section 941.05, Florida Statutes, which required that he be returned to the state of Kentucky as…”
Chick v. Prosecuting Attorney & Sheriff, 142 F. Supp. 314 (N.D. Fla. 1956). “And just to protect this Court from any further annoyances from this plaintiff to attempt to secure from this Court a writ of mandamus against the Governor directing him to proceed under the provision of 941.”
— 941.05(2) — 1 case
Matter of Extradition of Dixon, 487 So. 2d 1195 (Fla. 2d DCA 1986). “On the other hand, section 941.05(2), Florida Statutes (1985), provides that the governor may order the arrest and transport of persons who have left the demanding state involuntarily.”
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