Fla. Stat. 941.10
Rights of accused person; application for writ of habeas corpus


(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.

Source: Section 941.10 — Rights of accused person; application for writ of habeas corpus, https://www.­flsenate.­gov/Laws/Statutes/2024/0941.­10 (accessed Aug. 7, 2025).

941.01
Definition
941.02
Fugitives from justice
941.03
Form of demand
941.04
Governor may investigate case
941.05
Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion
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
941.08
Manner and place of execution
941.09
Authority of arresting officer
941.10
Rights of accused person
941.11
Penalty for noncompliance with s
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
941.16
Bail
941.17
Extension of time of commitment, adjournment
941.18
Forfeiture of bail
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
941.23
Application for issuance of requisition
941.24
Costs and expenses
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
941.29
Interpretation
941.30
Short title
941.31
Fresh pursuit
941.32
Fresh pursuit
941.33
Fresh pursuit
941.34
Definition of “state.”
941.35
Definition of “fresh pursuit.”
941.37
Short title
941.38
Extradition of persons alleged to be of unsound mind
941.39
Extradition of persons alleged to be of unsound mind
941.40
Extradition of persons alleged to be of unsound mind
941.41
Extradition of persons alleged to be of unsound mind
941.42
Extradition of persons alleged to be of unsound mind

Current through Fall 2025

§ 941.10. Rights of accused person; application for writ of habeas corpus's source at flsenate​.gov