Florida Statute 941.10 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 941
CORRECTIONS: INTERSTATE COOPERATION

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F.S. 941.10

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 this state, 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.

History.—s. 10, ch. 20460, 1941; s. 7, ch. 22858, 1945; s. 1, ch. 65-518; s. 44, ch. 73-334; s. 9, ch. 88-381; s. 1, ch. 93-126; s. 1601, ch. 97-102.

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Amendments to 941.10

Annotations, Discussions, Cases:

Cases Citing Statute 941.10

Total Results: 12

State v. Cox

306 So. 2d 156

District Court of Appeal of Florida | Filed: Nov 1, 1974 | Docket: 1376764

Cited 9 times | Published

is to seek a writ of habeas corpus. Fla. Stat. § 941.10 (1973). In this habeas corpus proceeding, the

Frankie Mann v. Warden of Eglin Air Force Base, Federal Penal Institution

771 F.2d 1453, 1985 U.S. App. LEXIS 23284

Court of Appeals for the Eleventh Circuit | Filed: Sep 24, 1985 | Docket: 268777

Cited 4 times | Published

Cuyler he should benefit from Florida Statute § 941.10, which provides for a “judicial determination”

Fauls v. Sheriff of Leon County

394 So. 2d 117

Supreme Court of Florida | Filed: Jan 29, 1981 | Docket: 1315268

Cited 3 times | Published

the warrant in a habeas corpus proceeding. Section 941.10, Florida Statutes (1979). The role of the trial

Moore v. State

407 So. 2d 991

District Court of Appeal of Florida | Filed: Dec 15, 1981 | Docket: 467384

Cited 2 times | Published

extradition may seek a writ of habeas corpus. § 941.10, Fla. Stat. (1979). Our scope of review of a habeas

Payne v. Askew

350 So. 2d 831

District Court of Appeal of Florida | Filed: Oct 17, 1977 | Docket: 1757772

Cited 2 times | Published

failed to follow the procedure set forth in Section 941.10(1), Florida Statutes (1975). A grand jury of

Bentzel v. State

585 So. 2d 1118, 1991 Fla. App. LEXIS 9087, 1991 WL 180707

District Court of Appeal of Florida | Filed: Sep 12, 1991 | Docket: 64661597

Cited 1 times | Published

statutorily entitled to counsel pursuant to section 941.10(1), Florida Statutes (1989), we reverse and

Josey v. Galloway

482 So. 2d 376, 10 Fla. L. Weekly 2238

District Court of Appeal of Florida | Filed: Sep 26, 1985 | Docket: 1769229

Cited 1 times | Published

Snead, 620 F.2d 481, 483 (5th Cir.1980). See section 941.10, Florida Statutes (1983). To be a fugitive

Burkhart v. Jenne

814 So. 2d 1064, 2001 Fla. App. LEXIS 15905, 2001 WL 1660259

District Court of Appeal of Florida | Filed: Sep 28, 2001 | Docket: 64814650

Published

legality of the extradition may be tested. See § 941.10(1), Fla. Stat. (2000). Under section 941.16, a

Silvers v. Coleman

504 So. 2d 20, 12 Fla. L. Weekly 584, 1987 Fla. App. LEXIS 6838

District Court of Appeal of Florida | Filed: Feb 18, 1987 | Docket: 64625883

Published

appellant asserts that he has rights under section 941.10, Florida Statutes (1985), and indicates that

State v. Davila

481 So. 2d 486, 10 Fla. L. Weekly 2609

District Court of Appeal of Florida | Filed: Nov 20, 1985 | Docket: 64616626

Published

habeas corpus proceedings brought pursuant to section 941.10, Florida Statutes (1983), is extremely limited

Masciarelli v. Brescher ex rel. Broward County

459 So. 2d 1168, 9 Fla. L. Weekly 2536, 1984 Fla. App. LEXIS 16044

District Court of Appeal of Florida | Filed: Dec 5, 1984 | Docket: 64608494

Published

proceedings. We do so upon the authority of Section 941.10, Florida Statutes (1983); Fauls v. Sheriff

Todd v. Florida Parole & Probation Commission

410 So. 2d 584, 1982 Fla. App. LEXIS 19333

District Court of Appeal of Florida | Filed: Feb 23, 1982 | Docket: 64588256

Published

extradition rights of an accused person are set forth in § 941.10, Florida Statutes (1979), a law administered by