Fla. Stat. 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: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; andThe 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.

(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.

Source: Section 941.26 — Written waiver of extradition proceedings, https://www.­flsenate.­gov/Laws/Statutes/2024/0941.­26 (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

§ 941.26. Written waiver of extradition proceedings's source at flsenate​.gov