Florida Statutes

Fla. Stat. § 941.17 (2025)

Extension of time of commitment, adjournment.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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941.17 Extension of time of commitment, adjournment.—If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge may discharge the accused or may recommit him or her for a further period not to exceed 60 days, or a judge may again take bail for his or her appearance and surrender, as provided in s. 941.16, but within a period not to exceed 60 days after the date of such new bond.

History.—s. 17, ch. 20460, 1941; s. 1608, ch. 97-102; s. 47, ch. 2004-11.

Notes of Decisions

Cited in 9 cases, 1973–2018 · leading case: Orton v. State, 431 So. 2d 236 (Fla. 1st DCA 1983).

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Orton v. State, 431 So. 2d 236 (Fla. 1st DCA 1983). · cites it 8× “Appellants appeal an order granting their extradition from Florida to Tennessee, urging that they are entitled to dismissal of the extradition proceedings pursuant to Section 941.17, Florida Statutes, and 18 U.”

State v. Bivona, 496 So. 2d 130 (Fla. 1986). · cites it 2× “262 (1974); § 941.17, Fla. Stat. (1983); Cal. Penal Code § 1552.”

Carter v. Coleman, 443 So. 2d 491 (Fla. 2d DCA 1984). · cites it 4× “§ 941.17, Fla.Stat. (1981). After this extension period expired, appellant filed a petition for writ of habeas corpus which requested that the trial judge dismiss the action and discharge him.”

Lewis v. Boone, 418 So. 2d 319 (Fla. 1st DCA 1982). · cites it 3× “That detention permits time for the procedures required for production of a governor's warrant. If the prisoner is not arrested under the governor's warrant within thirty days, he may be recommitted for up to sixty more days.”

Basulto Vargas v. Junior, 254 So. 3d 1092 (Fla. 3d DCA 2018). · cites it 3× “[T]he trial court, in compliance with section 941.17, Florida Statutes (1981), intended only to dismiss its own court proceedings and to discharge the fugitive warrant .”

Paley v. Bieluch, 785 So. 2d 692 (Fla. 4th DCA 2001). “Section 941.17 allows for an extension of the commitment period for up to another sixty days, if there is no arrest by the governor within the time specified in the warrant or bond.”

Treadway v. Heidtman, 284 So. 2d 473 (Fla. 4th DCA 1973). · cites it 2× “, Section 941.17, F.S.A. That extension expired October 5, 1973.”

State v. Fulkerson, 300 So. 2d 276 (Fla. 2d DCA 1974). “The order of dismissal recites that Fulkerson had been held beyond the statutory maximum of thirty days confinement provided for in F.”

France v. Judd, 932 So. 2d 1263 (Fla. 2d DCA 2006). · cites it 2× “§ 941.17, Fla. Stat. (2005). In this case, none of the foregoing statutes were honored.”

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