Florida Statute 941.05 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 941
CORRECTIONS: INTERSTATE COOPERATION

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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.

History.—s. 5, ch. 20460, 1941; s. 1598, ch. 97-102.

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Amendments to 941.05

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 941.05

Level: Degree
Misdemeanor/Felony: First/Second/Third

S941.05 - FLIGHT TO AVOID - GOVERNORS WARRANT EXTRADITION - N: N

Cases Citing Statute 941.05

Total Results: 2 | Sort by: Relevance | Newest First

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Matter of Extradition of Dixon, 487 So. 2d 1195 (Fla. 2d DCA 1986).

Cited 4 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1045

...the warrant and whether there is sufficient evidence to show he was in the demanding state at the time of the offense. See, e.g., State v. Cox, 306 So.2d 156 (Fla. 2d DCA 1974). Neither of these defenses has been raised by Dixon. 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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Chick v. Prosecuting Attorney & Sheriff, 142 F. Supp. 314 (N.D. Fla. 1956).

Published | District Court, N.D. Florida | 1956 U.S. Dist. LEXIS 3108

...securing relief by such writs. Covington & Cincinnati Bridge Co. v. Hager, 203 U.S. 109 , 27 S.Ct. 24 , 51 L.Ed. 111 ; Updegraff v. Talbott, 4 Cir., 221 F.2d 342 . In the petition filed in this case plaintiff makes reference to Florida Statutes, § 941.05, F.S.A., which provides a method by which a person charged with crime in this State and in custody of the law in some other state may be brought back to Florida for trial....

...The authority to bring about such procedure is vested entirely in the Governor of the State and is discretionary with him. 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 941.05, supra, the Court states here and now that the legal principles announced above with reference to this case would be as controlling in a suit for mandamus brought against the Governor in this Court as it is in the case now before the Court....