Florida Statutes
Fla. Stat. § 941.40 (2025)
Extradition of persons alleged to be of unsound mind; procedure; limitation of detention; costs.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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941.40 Extradition of persons alleged to be of unsound mind; procedure; limitation of detention; costs.—
(1) Whenever the executive authority of any state demands of the executive authority of this state any fugitive within the purview of s. 941.38 and produces a copy of the commitment, decree, or other judicial process and proceeding, certified as authentic by the governor or chief magistrate of the state from which the person so charged has fled, with an affidavit made before a proper officer showing the person to be such a fugitive, it shall be the duty of the executive authority of this state to cause the fugitive to be apprehended and secured, if found in this state; to cause immediate notice of the apprehension to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive; and to cause the fugitive to be delivered to such agent when he or she shall appear.
(2) Any agent so appointed who receives the fugitive into custody shall be empowered to transmit the fugitive to the state from which he or she has fled.
(3) If no such agent appears within 30 days from the time of the apprehension, the fugitive may be discharged.
(4) All costs and expenses incurred in apprehending, securing, maintaining, and transmitting such fugitive to the state making such demand shall be paid by such state.
Notes of Decisions
Cited in 1
case, 1999–1999 · leading case: Reniewicz v. State, 734 So. 2d 1115 (Fla. 2d DCA 1999).
Reniewicz v. State, 734 So. 2d 1115 (Fla. 2d DCA 1999). “Section 941.40 authorizes a defendant to test the legality of an arrest on an extradition warrant by habeas petition.”
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