Florida Statutes
Fla. Stat. § 941.10 (2025)
Rights of accused person; application for writ of habeas corpus.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 16
cases (4 in the last 5 years), 1965–2025 · leading case: Payne v. Askew, 350 So. 2d 831 (Fla. 1st DCA 1977).
Payne v. Askew, 350 So. 2d 831 (Fla. 1st DCA 1977). “We deny, but without prejudice, petitioner's application for habeas corpus because the trial court failed to follow the procedure set forth in Section 941.10(1), Florida Statutes (1975).”
Bentzel v. State, 585 So. 2d 1118 (Fla. 1st DCA 1991). “Based upon our conclusion that claimant was statutorily entitled to counsel pursuant to section 941.10(1), Florida Statutes (1989), we reverse and remand for further proceedings.”
Fauls v. Sheriff of Leon Cnty., 394 So. 2d 117 (Fla. 1981). “The demand must be accompanied by either an indictment or an information or warrant supported by an affidavit which charges the accused with a crime, or a judgment of conviction or sentence supported by a statement from the executive authority that the accused is an escapee or…”
Moore v. State, 407 So. 2d 991 (Fla. 3d DCA 1981). “§ 941.10, Fla. Stat. (1979). Our scope of review of a habeas corpus proceeding is exceedingly narrow.”
State v. Cox, 306 So. 2d 156 (Fla. 2d DCA 1974). “Fla. Stat. § 941.10 (1973). In this habeas corpus proceeding, the extent of inquiry is narrow.”
Josey v. Galloway, 482 So. 2d 376 (Fla. 1st DCA 1985). “See section 941.10, Florida Statutes (1983). To be a fugitive from justice within the meaning of Article IV, Section 2, United States Constitution, and 18 U.”
Todd v. Florida Parole & Prob. Comm'n, 410 So. 2d 584 (Fla. 1st DCA 1982). “The extradition rights of an accused person are set forth in § 941.10, Florida Statutes (1979), a law administered by prescribed officers other than the Commission.”
State v. Davila, 481 So. 2d 486 (Fla. 3d DCA 1985). “Our supreme court has held that the constitutional and statutory provisions relating to interstate extradition must be liberally construed to effectuate their purpose.”
Scocozzo v. Rhoden (M.D. Fla. 2023). “According to Petitioner, he seeks to challenge the legality of the Pennsylvania extradition hold under § 941.10, Florida Statutes. Id. at 1-2. He also appears to challenge the facts underlying the pending state charge in Pennsylvania.”
Burkhart v. Jenne, 814 So. 2d 1064 (Fla. 4th DCA 2001). “See § 941.10(1), Fla. Stat. (2000). Under section 941.”
York v. Warden Shannon (E.D.N.Y 2022). “24 (McKinney's 2022); Fla. Stat. § 941.10 (2022). Additionally, federal courts in both states have previously found that Section 2241 challenges to state extradition practices may only be brought after state remedies have been exhausted.”
Malvezzi (E.D.N.Y 2025). “24 (McKinney’s 2022); Fla. Stat. § 941.10 (2022)); see also Powell v.”
— 941.10(1) — 3 cases
Payne v. Askew, 350 So. 2d 831 (Fla. 1st DCA 1977). “We deny, but without prejudice, petitioner's application for habeas corpus because the trial court failed to follow the procedure set forth in Section 941.10(1), Florida Statutes (1975).”
Bentzel v. State, 585 So. 2d 1118 (Fla. 1st DCA 1991). “Based upon our conclusion that claimant was statutorily entitled to counsel pursuant to section 941.10(1), Florida Statutes (1989), we reverse and remand for further proceedings.”
Burkhart v. Jenne, 814 So. 2d 1064 (Fla. 4th DCA 2001). “See § 941.10(1), Fla. Stat. (2000). Under section 941.”
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