Florida Statute 942.2 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 942
INTERSTATE EXTRADITION OF WITNESSES

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F.S. 942.02

942.02 Summoning witness in this state to testify in another state.—

(1) If a judge of a court of record, in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state, certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution or grand jury investigation, and that that person’s presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing and shall make an order directing the witness to appear at a time and place certain for the hearing. The witness shall at all times be entitled to counsel.

(2) If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence, will give to the witness protection from arrest and the service of civil and criminal process, the judge shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.

(3) If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure her or his attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before her or him for said hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability, may, in lieu of issuing subpoena or summons, order that said witness be forthwith taken in custody and delivered to an officer of the requesting state.

(4) If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $5 for each day that the witness is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.

History.—s. 2, ch. 20458, 1941; s. 1, ch. 61-491; s. 1625, ch. 97-102.

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Amendments to 942.02

Annotations, Discussions, Cases:

Cases Citing Statute 942.02

Total Results: 11

State v. Bastos

985 So. 2d 37, 2008 WL 2356368

District Court of Appeal of Florida | Filed: Jun 11, 2008 | Docket: 1178384

Cited 6 times | Published

compelling the attendance of the witness. Id. § 942.02. In this case, the county court issued its certificate

Delit v. State

583 So. 2d 1083, 1991 WL 128336

District Court of Appeal of Florida | Filed: Jul 17, 1991 | Docket: 1284048

Cited 3 times | Published

that the trial court erred in concluding that section 942.02, Florida Statutes, did not extend to a subpoena

CMI, Inc. v. Ulloa

73 So. 3d 787, 2011 Fla. App. LEXIS 14664, 2011 WL 4102296

District Court of Appeal of Florida | Filed: Sep 16, 2011 | Docket: 2353818

Cited 2 times | Published

attendance of the witness in the other state. § 942.02(1). The prevailing view is that the Uniform Law

Epstein v. New York

157 So. 2d 705

District Court of Appeal of Florida | Filed: Nov 12, 1963 | Docket: 60216631

Cited 2 times | Published

legislature may provide.” As has been pointed out above, § 942.02(1) provides for the presentation of an appropriate

Ulloa v. CMI, Inc.

133 So. 3d 914, 38 Fla. L. Weekly Supp. 804, 2013 WL 5942299, 2013 Fla. LEXIS 2420

Supreme Court of Florida | Filed: Nov 7, 2013 | Docket: 60238970

Cited 1 times | Published

is found. Id. As this is a reciprocal law, section 942.02 provides the procedures for a Florida court

State v. Alain L. Gonzalez

212 So. 3d 1094, 2017 WL 945567, 2017 Fla. App. LEXIS 3198

District Court of Appeal of Florida | Filed: Mar 10, 2017 | Docket: 4618890

Published

answer a subpoena in this state pursuant to section 942.02, Florida Statutes (2005), because the information

Mastrapa v. South Florida Money Laundering Strike Force

928 So. 2d 421, 2006 Fla. App. LEXIS 5959, 2006 WL 1148642

District Court of Appeal of Florida | Filed: Apr 26, 2006 | Docket: 64844551

Published

Circuit — and a proceeding begun, pursuant to section 942.02, in the Florida court. The Strike Force produced

Skakel v. State

738 So. 2d 468, 1999 Fla. App. LEXIS 10082, 1999 WL 543262

District Court of Appeal of Florida | Filed: Jul 28, 1999 | Docket: 64789771

Published

before a grand jury in Connecticut pursuant to section 942.02, Florida Statutes (1997). Chapter 942 is entitled

In re Superior Court

471 So. 2d 171, 10 Fla. L. Weekly 1527, 1985 Fla. App. LEXIS 14632

District Court of Appeal of Florida | Filed: Jun 18, 1985 | Docket: 64612670

Published

of materiality and necessity as required by section 942.02(2), Florida Statutes (1983). See generally

McGrath v. People of the State of New York

258 So. 2d 291, 1972 Fla. App. LEXIS 7210

District Court of Appeal of Florida | Filed: Feb 22, 1972 | Docket: 64524487

Published

involved here is authorized by and in conformity to § 942.02 Fla.Stat., F.S.A. On remand of this cause to the

Terl v. State ex rel. Grand Jury of Baltimore City

237 So. 2d 830, 1970 Fla. App. LEXIS 6248

District Court of Appeal of Florida | Filed: Jul 8, 1970 | Docket: 64515905

Published

Act (Ch. 942, F.S. 1969, F.S.A.). Pursuant to § 942.02(2) of said Act the court below found; among other