(1) No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person shall have appointed to receive him or her unless the person shall first be taken forthwith before a judge of a court of record in this state, who shall inform the person of the demand made for his or her surrender and of the crime with which the person is charged, and that the person has the right to demand and procure legal counsel; and if the prisoner or his or her counsel shall state that he or she or they desire to test the legality of the arrest, the judge of such court of record shall fix a reasonable time to be allowed him or her within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the state attorney for the county in which the arrest is made, and in which the accused is in custody, and to the said agent of the demanding state.
(2) A warrant issued under s. 941.07 shall be presumed to be valid, and unless a court finds that the person in custody is not the same person named in the warrant, or that the person is not a fugitive from justice, or otherwise subject to extradition under s. 941.06, or that there is no criminal charge or criminal proceeding pending against the person in the demanding state, or that the documents are not on their face in order, the person named in the warrant shall be held in custody at all times and shall not be eligible for release on bail.
History.—s. 10, ch. 20460, 1941; s. 7, ch. 22858, 1945; s. 1, ch. 65-518; s. 44, ch. 73-334; s. 9, ch. 88-381; s. 1, ch. 93-126; s. 1601, ch. 97-102.
Structure Florida Statutes
Title XLVII - Criminal Procedure and Corrections
Chapter 941 - Corrections: Interstate Cooperation
Part I - Uniform Interstate Extradition (Ss. 941.01-941.42)
941.02 - Fugitives from justice; duty of Governor.
941.04 - Governor may investigate case.
941.06 - Extradition of persons not present in demanding state at time of commission of crime.
941.07 - Issue of Governor’s warrant of arrest; its recitals.
941.08 - Manner and place of execution.
941.09 - Authority of arresting officer.
941.10 - Rights of accused person; application for writ of habeas corpus.
941.11 - Penalty for noncompliance with s. 941.10.
941.12 - Confinement in jail when necessary.
941.13 - Arrest prior to requisition.
941.14 - Arrest without a warrant.
941.15 - Commitment to await requisition; bail.
941.16 - Bail; in what cases; conditions of bond.
941.17 - Extension of time of commitment, adjournment.
941.19 - Persons under criminal prosecution in this state at time of requisition.
941.20 - Guilt or innocence of accused, when inquired into.
941.21 - Governor may recall warrant or issue alias.
941.22 - Fugitives from this state; duty of Governor.
941.23 - Application for issuance of requisition; by whom made; contents.
941.25 - Immunity from service of process in certain civil actions.
941.26 - Written waiver of extradition proceedings.
941.27 - Nonwaiver by this state.
941.28 - No right of asylum; no immunity from other criminal prosecutions while in this state.
941.30 - Short title; ss. 941.01-941.29.
941.31 - Fresh pursuit; authority of officers of other states; etc.
941.32 - Fresh pursuit; arrest; etc.
941.33 - Fresh pursuit; validity of arrest.
941.34 - Definition of “state.”
941.35 - Definition of “fresh pursuit.”
941.37 - Short title; ss. 941.31-941.35.
941.38 - Extradition of persons alleged to be of unsound mind.
941.39 - Extradition of persons alleged to be of unsound mind; definitions.
941.41 - Extradition of persons alleged to be of unsound mind; Governor to demand.
941.42 - Extradition of persons alleged to be of unsound mind; purpose of law.