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Florida Statute 941.26 - Full Text and Legal Analysis
Florida Statute 941.26 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 941.26 Case Law from Google Scholar Google Search for Amendments to 941.26

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 941
CORRECTIONS: INTERSTATE COOPERATION
View Entire Chapter
941.26 Written waiver of extradition proceedings.
(1) Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his or her bail, probation, or parole may waive the issuance and service of the warrant provided for in ss. 941.07 and 941.08, and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that the person consents to return to the demanding state; provided, however, that before such waiver shall be executed or subscribed by such person, it shall be the duty of such judge to inform such person of his or her rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in s. 941.10.
(2) If and when such consent has been duly executed, it shall forthwith be forwarded to the office of the Governor of this state and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent; provided, however, that nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of this state.
(3) Notwithstanding any other provision of law, a law enforcement agency in this state holding a person who is alleged to have broken the terms of his or her probation, parole, bail, or other release in the demanding state shall immediately deliver the person to the duly authorized agent of the demanding state without the requirement of a governor’s warrant if:
(a) The person has signed a prior waiver of extradition as a term of his or her current probation, parole, bail, or other release in the demanding state; and
(b) The law enforcement agency holding the person has received a copy of the prior waiver of extradition signed by the person and confirmed by the demanding agency, as well as photographs or fingerprints or other evidence properly identifying the person as the person who signed the waiver.
History.s. 25-A, ch. 20460, 1941; s. 2, ch. 93-126; s. 1616, ch. 97-102.

F.S. 941.26 on Google Scholar

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Amendments to 941.26


Annotations, Discussions, Cases:

Cases Citing Statute 941.26

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Chandler v. State, 626 So. 2d 1064 (Fla. 2d DCA 1993).

Published | Florida 2nd District Court of Appeal | 1993 Fla. App. LEXIS 11431, 1993 WL 461955

Legislature when it included such waivers in section 941.26, Florida Statutes (1991). See Ch. 93-126 at
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Tymenski v. State, 816 So. 2d 814 (Fla. 5th DCA 2002).

Published | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 6746, 27 Fla. L. Weekly Fed. D 1173

...henticated by the executive authority making the demand. Although the documentation in this case may not meet all the formalities set forth in section 941.03, the fact that Tymenski executed a waiver as a condition of his probation is determinative. Section 941.26(3), Florida Statutes, addresses that issue: (3) Notwithstanding any other provision of law, a law enforcement agency in this state holding a person who is alleged to have broken the terms of his or her probation, parole, bail, or other...
...See Chandler v. State, 626 So.2d 1064 (Fla. 2d DCA 1993) (question whether Florida would recognize a waiver of extradition previously signed in another state as a condition of probation was resolved by the Florida Legislature when it included such waivers in section 941.26)....