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Florida Statute 941.03 | Lawyer Caselaw & Research
F.S. 941.03 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 941.03

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 941
CORRECTIONS: INTERSTATE COOPERATION
View Entire Chapter
F.S. 941.03
941.03 Form of demand.No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under s. 941.06, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he or she fled from the state, and accompanied by an authenticated copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of a warrant supported by an affidavit made before a committing magistrate of the demanding state; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his or her bail, probation, or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand.
History.s. 3, ch. 20460, 1941; s. 1596, ch. 97-102.

F.S. 941.03 on Google Scholar

F.S. 941.03 on Casetext

Amendments to 941.03


Arrestable Offenses / Crimes under Fla. Stat. 941.03
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 941.03.



Annotations, Discussions, Cases:

Cases from cite.case.law:

AVANT, s v. C. JUDD, Jr. s, 259 So. 3d 832 (Fla. App. Ct. 2018)

. . . See § 941.03., .07, Fla. . . .

IN RE BAILEY J. Jr. Jr. Jr. v., 555 B.R. 557 (Bankr. N.D. Miss. 2016)

. . . Thomas Brown: $941.03 10. Wayne Tubbs: $1,143.58 11. Kenneth Jones: $134.48 Id. at *13. . . .

E. FRANCE, v. JUDD,, 932 So. 2d 1263 (Fla. Dist. Ct. App. 2006)

. . . . §§ 941.03, .22, Fla. Stat. (2005). . . . . § 941.03, Fla. Stat. (2005). . . .

D. TYMENSKI, v. STATE, 816 So. 2d 814 (Fla. Dist. Ct. App. 2002)

. . . Pennsylvania because the documentation produced was not properly authenticated pursuant to section 941.03 . . . Section 941.03 sets out the formal requirements needed for a demand for extradition: No demand for the . . . Although the documentation in this case may not meet all the formalities set forth in section 941.03, . . .

RENIEWICZ, a k a v. STATE, 734 So. 2d 1115 (Fla. Dist. Ct. App. 1999)

. . . Because the Wisconsin demand complies with section 941.03, Florida Statutes (1997), we affirm the order . . .

STATE v. LUSTER,, 596 So. 2d 454 (Fla. 1992)

. . . district court certified the following question as being of great public importance: Whether section 941.03 . . . copy of a judgment of conviction or of a sentence imposed in execution thereof” as required by section 941.03 . . . judgment of conviction, or sentence must be authenticated by the executive authority making the demand. § 941.03 . . .

STATE v. HUNT,, 584 So. 2d 228 (Fla. Dist. Ct. App. 1991)

. . . concession that Hunt was not in Ohio at any time relevant to the charges in the Ohio indictment, section 941.03 . . . other state, any person in this state charged in such other state in the manner provided in section 941.03 . . .

LAWRENCE, v. LUSTER,, 575 So. 2d 220 (Fla. Dist. Ct. App. 1991)

. . . California extradition documents failed to meet the requirements of the Florida extradition statute, section 941.03 . . . Section 941.03 requires that the extradition demand be accompanied by “an authenticated copy of an indictment . . . A certificate of conviction signed by a clerk of court does not meet the mandate of section 941.03. . . . California extradition documents also satisfied the letter of California law and the spirit of section 941.03 . . . Section 941.03, Florida Statutes (1989) reads: No demand for the extradition of a person charged with . . . Abstract of the Judgment signed by the clerk of the California court clearly meets the mandate of section 941.03 . . . the following question as one that passes upon an issue of great public importance: Whether section 941.03 . . .

LAWRENCE, v. PESTANA,, 560 So. 2d 248 (Fla. Dist. Ct. App. 1990)

. . . not been duly authenticated by the executive authority of the demanding state as required by section 941.03 . . . Section 941.03, Florida Statutes (1987), requires that the demand for extradition must be accompanied . . . As stated above, section 941.03 does require that the affidavit upon which the warrant was issued be . . . We find that the complaint in the present case satisfies the “affidavit” requirement of section 941.03 . . . 2d DCA 1984), a practically identical statement has been held to satisfy the requirement of section 941.03 . . .

McFARLAND, v. CARSON,, 504 So. 2d 429 (Fla. Dist. Ct. App. 1987)

. . . reversible error in the state’s alleged failure to comply with the statutory requirements of sections 941.03 . . .

C. SCHULTZ C. v. FRISBY, R. A., 807 F.2d 1339 (7th Cir. 1986)

. . . Wisconsin Statute § 941.03 makes it a felony to interfere with the orderly flow of traffic on a street . . . : “941.03 HIGHWAY OBSTRUCTION (1) Whoever creates an unreasonable risk and high probability of causing . . .

HENRY, v. STATE, 496 So. 2d 832 (Fla. Dist. Ct. App. 1986)

. . . .” § 941.03, Fla.Stat. (1985). . . . conviction signed by the clerk of a New York court does not comply with the requirement of section 941.03 . . .

In EXTRADITION OF DIXON, a k a, 487 So. 2d 1195 (Fla. Dist. Ct. App. 1986)

. . . . §§ 941.02, 941.03, Fla.Stat. (1985). . . .

STATE v. DAVILA,, 481 So. 2d 486 (Fla. Dist. Ct. App. 1985)

. . . . § 941.03, Fla.Stat. (1983). . See supra note 2. . . .

JOSEY, v. GALLOWAY,, 482 So. 2d 376 (Fla. Dist. Ct. App. 1985)

. . . See § 941.03, Fla.Stat. (1983). . . . This is also true in the case of a proceeding under section 941.03, Florida Statutes (1983). . . . Section 941.03, Florida Statutes (1981), requires that the governor of Florida have before him a valid . . . this fundamental constitutional right, we hold that the demand for extradition required by section 941.03 . . . Section 941.03, Florida Statutes (1983), states: Form of demand. — No demand for the extradition of a . . . particularly take issue with the majority’s holding that “the demand for extradition required by section 941.03 . . .

H. SHAPIRO, v. STATE, 456 So. 2d 968 (Fla. Dist. Ct. App. 1984)

. . . INASMUCH AS THEY FAILED TO INCLUDE A PROPER SUPPORTING AFFIDAVIT TO THE WARRANT AS REQUIRED BY SECTION 941.03 . . . It is unfortunate that by the order of placement of the alternatives in section 941.03, it appears that . . . A capias and a warrant, particularly as is contemplated by section 941.03, are not the same documents . . . The warrant, to be supported by affidavit of a committing magistrate as contemplated by section 941.03 . . . There was no warrant as contemplated by section 941.03. . . .

STATE v. SCORATOW,, 456 So. 2d 922 (Fla. Dist. Ct. App. 1984)

. . . See §§ 941.03; 941.07, Fla.Stat.(1983). . . .

M. BRITTON, v. STATE, 447 So. 2d 458 (Fla. Dist. Ct. App. 1984)

. . . Petitioner contends that there was inadequate compliance with section 941.03, Florida Statutes (1981) . . . copy of a judgment of conviction or of a sentence imposed in execution thereof” must be provided. § 941.03 . . . someone’s conclusion as to the effect of that court action was acceptable, we must presume section 941.03 . . .

DOSTER, v. MIMS,, 444 So. 2d 1153 (Fla. Dist. Ct. App. 1984)

. . . no doubt that this request was sufficient to meet the requirements of law as provided for in section 941.03 . . .

E. CARTER, v. A. COLEMAN,, 443 So. 2d 491 (Fla. Dist. Ct. App. 1984)

. . . . §§ 941.02, 941.03, 941.04, 941.07, Fla.Stat. (1981); see also Orton v. . . .

BRUNELLE, v. C. L. NORVELL, St., 433 So. 2d 19 (Fla. Dist. Ct. App. 1983)

. . . Section- 941.03, Florida Statutes (1981) does not require the affidavits to aver that an accused was . . .

DOWDELL, v. STATE, 423 So. 2d 612 (Fla. Dist. Ct. App. 1982)

. . . Under Section 941.03, Florida Statutes, the extradition demand must allege that the person charged was . . . The trial court, construing Section 941.03, Florida Statutes, correctly held that the extradition was . . .

STATE v. SOTO,, 423 So. 2d 362 (Fla. 1982)

. . . This Court held that sections 941.03 and 941.06, Florida Statutes (1941), of the Florida Uniform Criminal . . . any other state, any person in Florida charged in such other state in the manner provided in section 941.03 . . . Section 941.03, as it relates to section 941.06, requires that the demand for extradition be in writing . . . ALDERMAN, C.J., and ADKINS, BOYD, OVERTON and MeDONALD, JJ., concur. . 941.03 Form of demand. — No demand . . . any other state, any person in this state charged in such other state in the manner provided in s. 941.03 . . .

C. SHUFTY, v. STATE, 419 So. 2d 1171 (Fla. Dist. Ct. App. 1982)

. . . Concerning appellant’s extradition process, pursuant to section 941.03, Florida Statutes (1981), a copy . . .

WHEATON, v. STATE, 420 So. 2d 604 (Fla. Dist. Ct. App. 1982)

. . . time of the commission of the crime charged and was not therefore subject to extradition under Section 941.03 . . . Section 941.03, Florida Statutes (1979), provides in pertinent part: “No demand for the extradition of . . . The requirement of Section 941.03 that the Governor’s demand be accompanied by an authenticated copy . . . Under Section 941.03, it must be shown “that the accused was present in the demanding state at the time . . .

SOTO, v. STATE, 409 So. 2d 1123 (Fla. Dist. Ct. App. 1982)

. . . with a crime in the [demanding state]. (3) Whether petitioner was a fugitive from justice, section 941.03 . . . Baden, supra, the court discussed the contents of an indictment which would satisfy Sections 941.03 and . . . 941.06, supra: So, when the two sections [§§ 941.03 & 941.06, Fla.Stat. (1941) ] are read in paria materia . . .

G. MOORE, v. STATE, 407 So. 2d 991 (Fla. Dist. Ct. App. 1981)

. . . When extradition is sought, a written demand is filed in accordance with Section 941.03, Florida Statutes . . . The governor examines the demand to see that it contains the allegations required by Section 941.03, . . . misrepresentation, of which the appellant complains, does not relate to any allegations required under Section 941.03 . . .

J. FAULS, v. SHERIFF OF LEON COUNTY,, 394 So. 2d 117 (Fla. 1981)

. . . Upon determining that the requirements of section 941.03, Florida Statutes (1979), had been met, the . . .

STATE MEYERS, v. MILLER,, 388 So. 2d 1358 (Fla. Dist. Ct. App. 1980)

. . . See § 941.03, Fla.Stat. (1979); Chase v. Chase, 93 Fla. 963, 103 So. 113 (1927). In Cossette v. . . .

J. FAULS, v. SHERIFF OF LEON COUNTY,, 384 So. 2d 238 (Fla. Dist. Ct. App. 1980)

. . . properly authenticated by the executive authority of Georgia making the demand, pursuant to Section 941.03 . . .

STACK, v. STATE MORGAN,, 381 So. 2d 366 (Fla. Dist. Ct. App. 1980)

. . . The foregoing is consistent with Section 941.03, Florida Statutes (1977). . . . probable cause was established, we recede therefrom and reaffirm the simple test set down by Section 941.03 . . . Section 941.03, Florida Statutes: No demand for the extradition of a person charged with crime in another . . .

STATE GANDERT, III, v. T. ROBERTS,, 381 So. 2d 1191 (Fla. Dist. Ct. App. 1980)

. . . The provisions of Section 941.03, Florida Statutes (1979), require that the written demand from the governor . . . requisition attached to the Michigan governor’s demand, the demand satisfies the requirements of Section 941.03 . . .

STATE KRASNER v. SANSTROM, 48 Fla. Supp. 107 (Dade Cty. Cir. Ct. 1978)

. . . papers filed by New York state did not satisfy the jurisdictional requirements of Florida Statutes 941.03 . . . When Florida Statute 941.03 and 941.06 are read with reference to one another they require that the person . . . Because the indictment does not meet the requirements of Florida Statutes 941.03 and 941.06, the indictment . . . Because affidavits do not meet the requirements of Florida Statute 941.03, the affidavits and Oneida . . . As petitioner interprets Florida Statutes 941.03 and 941.06, an indictment must stand or fall on its . . .

SALAZAR, v. R. SANDSTROM, E., 355 So. 2d 145 (Fla. Dist. Ct. App. 1978)

. . . The warrant was issued, pursuant to Sections 941.03 and 941.06, Florida Statutes (1975), upon the requisition . . .

E. MILES, v. STATE O D., 339 So. 2d 246 (Fla. Dist. Ct. App. 1976)

. . . Second, Section 941.03, Florida Statutes (1975), provides in pertinent part: . . . .

STATE v. GALE,, 312 So. 2d 824 (Fla. Dist. Ct. App. 1975)

. . . the extradition of appellee, together with the properly authenticated documents as provided for in § 941.03 . . . authenticated copies of the documents required to be furnished by the demanding state pursuant to § 941.03 . . . with a crime in the State of New York. (3) Whether petitioner was a fugitive from justice, section 941.03 . . .

PALMER, v. STATE, 312 So. 2d 476 (Fla. Dist. Ct. App. 1975)

. . . . § 941.03 require that the Governor’s Requisition and accompanying papers be signed or duly authenticated . . .

STATE v. D. COX,, 306 So. 2d 156 (Fla. Dist. Ct. App. 1974)

. . . . § 941.03 (1973). . . . . § 941.03 (1973) to determine whether the demand should be recognized. Blasi v. State, Fla. . . . with a crime in th|- State of New York. (3) Whether petitioner was a fugitive from justice, section 941.03 . . .

STACK, v. STATE EBBOLE,, 284 So. 2d 472 (Fla. Dist. Ct. App. 1973)

. . . Section 941.03, F.S.A., provides, in part, that the affidavit made before the committing magistrate “ . . .

STATE DYER, v. S. WILSON,, 260 So. 2d 241 (Fla. Dist. Ct. App. 1972)

. . . The test, both by statute, Section 941.03, F.S.1969, F.S.A., and case law, Chase v. . . .

STATE GOODMAN, v. E. PURDY,, 240 So. 2d 96 (Fla. Dist. Ct. App. 1970)

. . . appeal, Goodman argues, and the State agrees that these proceedings are under the alternative part of § 941.03 . . .

BROWN, v. E. PURDY,, 222 So. 2d 239 (Fla. Dist. Ct. App. 1969)

. . . . § 941.03, F. . . .

BONAZZO, v. B. MICHELL,, 221 So. 2d 186 (Fla. Dist. Ct. App. 1969)

. . . F.S.1967, Section 941.03, F.S.A.; State ex rel. Owens v. . . .

COSSETTE, v. STATE, 221 So. 2d 427 (Fla. Dist. Ct. App. 1969)

. . . F.S. 941.03, F.S.A. “ * * * The indictment, information or affidavit made before the magistrate must . . .

STATE, SHERWOOD v. MICHELL,, 30 Fla. Supp. 106 (Broward Cty. Cir. Ct. 1968)

. . . me that the accused was present in this State at the time of the commission of said crime,” whereas §941.03 . . .

STATE OWENS, v. E. BOYER,, 207 So. 2d 29 (Fla. Dist. Ct. App. 1968)

. . . Fla.Stat., Sec. 941.03, F.S.A. (1965). . . .

S. BLASI, v. STATE, 192 So. 2d 307 (Fla. Dist. Ct. App. 1966)

. . . . § 941.03 . . . . state defends the trial court decision by arguing that the enumeration of documents found in F.S.A. 941.03 . . . To do so would be to nullify the explicit statutory alternatives found in F.S.A. § 941.03 and, in effect . . . Thus, we construe F.S.A. § 941.03 to require that those concerned pay heed to its terms to the end that . . . ANDREWS, J., dissents with opinion. . “941.03 Form of demand. — No demand for the extradition of a person . . . . § 941.03. . . .

W. COX, Jr. v. STATE, 180 So. 2d 467 (Fla. Dist. Ct. App. 1965)

. . . Section 941.03 Florida Statutes, F.S.A., provides safeguards for such person so sought to be extradited . . .

STATE, LATINO v. BUCHANAN,, 27 Fla. Supp. 119 (Dade Cty. Cir. Ct. 1965)

. . . It follows that provisions of §941.03, Florida Statutes, have been thoroughly complied with in that the . . .

FARRELL v. BUCHANAN,, 26 Fla. Supp. 158 (Dade Cty. Cir. Ct. 1965)

. . . (1) The demand of the governor of South Carolina fails to comply with the Uniform Extradition Act, §941.03 . . .

Ed BLACKBURN, Jr. v. T. MUNSON,, 155 So. 2d 730 (Fla. Dist. Ct. App. 1963)

. . . Sec. 941.03, Fla.Stat.1961, F.S.A., provides : “No demand for the extradition of a person charged with . . . authentication by incorporation by reference of said papers, which satisfied the criteria set forth in Sec. 941.03 . . . papers together, then, we hold that they contain sufficient information to meet the requirements of Sec. 941.03 . . .

TRICE, v. Ed BLACKBURN, Jr., 153 So. 2d 32 (Fla. Dist. Ct. App. 1963)

. . . The Demand was in the form prescribed by § 941.03, Florida Statutes, F.S.A. . . . Chapter 941, Florida Statutes, and he is not subject to extradition under the procedure provided in § 941.03 . . .

F. CLARKE, v. Ed BLACKBURN, Jr., 151 So. 2d 325 (Fla. Dist. Ct. App. 1963)

. . . the State of North Carolina at the time of the commission of the alleged crime (as is required by § 941.03 . . . The demand did not meet the requirements of either § 941.03 or § 941.06, supra, and it was, therefore . . . The remaining requirement of § 941.03, supra (that the demand shall be in writing and accompanied by . . . Section 941.03, Florida Statutes 1961, F.S.A.: “No demand for the extradition of a person charged with . . . of any other state, any person in this state charged in such other state in the manner provided in § 941.03 . . .

PECNIK, v. Ed BLACKBURN, Jr., 132 So. 2d 604 (Fla. Dist. Ct. App. 1961)

. . . Deleting the alternatives not applicable to this case, Section 941.03, Florida Statutes 1959, F.S.A., . . . record of trial or conviction and in addition, the proceedings in that case were both under Section 941.03 . . .

O BRIEN v. STATE, 13 Fla. Supp. 57 (Palm Beach Cty. Cir. Ct. 1958)

. . . Section 941.03, Florida Statutes, provides— “No demand for the extradition of a person charged with crime . . . , that such officer is a “committing magistrate” within the meaning of that term as used in section 941.03 . . .

STATE v. C. BENNETT,, 90 So. 2d 43 (Fla. 1956)

. . . Sec. 941.03, F.S.A. requires in part that: “No demand for the extradition of a-person charged with crime . . . Sec. 941.03, F.S.A., insofar as it requires an allegation that the accused was present in the demanding . . .

PERRY v. CULBREATH,, 6 Fla. Supp. 181 (Hillsborough Cty. Cir. Ct. 1953)

. . . did not contain the necessary allegation as to presence in the demanding state as required by section 941.03 . . . Baden, Sheriff (Fla.), 28 So. 2d 160, in discussing the two sections, 941.03 and 941.06, the Court says . . .

WILLIAM ENNIST v. ROY BADEN,, 158 Fla. 141 (Fla. 1946)

. . . properly issued because of the provisions of Section 3 and 6 of Chapter 20460 and now being sections 941.03 . . . Now, when we come to consider how the person is to be charged as provided by Sec. 941.03 we find that . . .