Fla. Stat. 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.

Source: Section 941.40 — Extradition of persons alleged to be of unsound mind; procedure; limitation of detention; costs, https://www.­flsenate.­gov/Laws/Statutes/2024/0941.­40 (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

§ 941.40. Extradition of persons alleged to be of unsound mind; procedure; limitation of detention; costs's source at flsenate​.gov