941.13
Arrest prior to requisition.
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941.13 Arrest prior to requisition.—Whenever any person within this state shall be charged on the oath of any credible person before any judge of this state with the commission of any crime in any other state, and, except in cases arising under s. 941.06, with having fled from justice or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his or her bail, probation, or parole, or whenever complaint shall have been made before any judge in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under s. 941.06, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his or her bail, probation, or parole, and is believed to be in this state, the judge shall issue a warrant directed to any peace officer commanding him or her to apprehend the person named therein, wherever the person may be found in this state, and to bring the person before the same or any other judge or court who or which may be available in, or convenient of, access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
History.—s. 13, ch. 20460, 1941; s. 1604, ch. 97-102; s. 44, ch. 2004-11.
Notes of Decisions
Cited in 7
cases, 1975–2018 · leading case: Sands v. McCormick
Sands v. McCormick (2007)
“§ 9134; Fla. Stat. § 941.13 . Using this process, a judge in Florida can issue a warrant for the arrest of a person there based on credible information that the individual has been charged in Pennsylvania with the commission of a crime and “fled” from justice.”
United States v. Frank (1998)
“See Fla. Stat. Ann. §§ 941.13 and 941.14 (the “Extradition Act”).”
Carter v. Coleman (1984)
“§ 941.13, Fla.Stat. (1981). He was admitted to bail for the allowable thirty-day period to enable his arrest to be made under a warrant of the Governor of Florida.”
France v. Judd (2006)
“A Florida court may order the pre-requisition arrest of an accused fugitive by issuing an arrest warrant, commonly known as a "fugitive warrant," under section 941.13. That statute authorizes the issuance of a fugitive warrant under two scenarios.”
Graziano v. State (1975)
“§§ 941.13, 941.05(2) Fla.Stat., F.S.A. Appellant filed a petition for habeas corpus in the Circuit Court of Dade County asserting as a ground for relief that he was not the person so charged in New York.”
Sands v. McCormick (2007)
“§ 9134; Fla. Stat. § 941.13 . Using this process, a judge in Florida can issue a warrant for the arrest of a person there based on credible information that the individual has been charged in Pennsylvania with the commission of a crime and “fled” from justice.”
Avant v. Judd (2018)
“(2018) (describing rendition warrants); § 941.13 (describing two procedures under which a "credible person" may bring forth appropriate allegations to effect the arrest and detention of an alleged out-of-state fugitive from justice); France v.”
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