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Florida Statute 942.02 | Lawyer Caselaw & Research
F.S. 942.02 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 942.02

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 942
INTERSTATE EXTRADITION OF WITNESSES
View Entire Chapter
F.S. 942.02
942.02 Summoning witness in this state to testify in another state.
(1) If a judge of a court of record, in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state, certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution or grand jury investigation, and that that person’s presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing and shall make an order directing the witness to appear at a time and place certain for the hearing. The witness shall at all times be entitled to counsel.
(2) If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence, will give to the witness protection from arrest and the service of civil and criminal process, the judge shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.
(3) If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure her or his attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before her or him for said hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability, may, in lieu of issuing subpoena or summons, order that said witness be forthwith taken in custody and delivered to an officer of the requesting state.
(4) If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $5 for each day that the witness is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
History.s. 2, ch. 20458, 1941; s. 1, ch. 61-491; s. 1625, ch. 97-102.

F.S. 942.02 on Google Scholar

F.S. 942.02 on Casetext

Amendments to 942.02


Arrestable Offenses / Crimes under Fla. Stat. 942.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 942.02.



Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. GONZALEZ,, 212 So. 3d 1094 (Fla. Dist. Ct. App. 2017)

. . . witness” and accordingly could not be compelled to answer a subpoena in this state pursuant to section 942.02 . . .

A. ULLOA, v. CMI, INC., 133 So. 3d 914 (Fla. 2013)

. . . As this is a reciprocal law, section 942.02 provides the procedures for a Florida court to follow if . . . set a time and place for a hearing in Florida and direct the witness to appear for such a hearing. § 942.02 . . . whether the witness will suffer undue hardship if compelled to appear and testify in the sister state. § 942.02 . . . See § 942.02(3), Fla. Stat. (2010). . . . . § -942.02(4), Fla. Stat. (2010). . . .

CMI, INC. v. A. ULLOA,, 73 So. 3d 787 (Fla. Dist. Ct. App. 2011)

. . . . § 942.02(1). . . .

STATE v. BASTOS, 985 So. 2d 37 (Fla. Dist. Ct. App. 2008)

. . . . § 942.02. In this case, the county court issued its certificate stating that: Mr. . . .

MASTRAPA, v. SOUTH FLORIDA MONEY LAUNDERING STRIKE FORCE,, 928 So. 2d 421 (Fla. Dist. Ct. App. 2006)

. . . court — the Circuit Court for the 11th Judicial Circuit — and a proceeding begun, pursuant to section 942.02 . . . Section 942.02, Florida Statutes, sets out the procedure for the State Court wherein the criminal proceeding . . .

GLOVER, v. MIRO,, 262 F.3d 268 (4th Cir. 2001)

. . . . § 942.02. Glover was forced to trial on June 19. . . .

SKAKEL, Sr. v. STATE, 738 So. 2d 468 (Fla. Dist. Ct. App. 1999)

. . . final order compelling him to appear and testify before a grand jury in Connecticut pursuant to section 942.02 . . . Pursuant to section 942.02, a hearing was set before the trial judge to determine whether the witness . . . In any such hearing the certificate shall be prima facie evidence of all the facts stated therein. § 942.02 . . .

DELIT, v. STATE, 583 So. 2d 1083 (Fla. Dist. Ct. App. 1991)

. . . We need not reach the state’s claim that the trial court erred in concluding that section 942.02, Florida . . .

In SUPERIOR COURT, 471 So. 2d 171 (Fla. Dist. Ct. App. 1985)

. . . court failed to make an independent determination of materiality and necessity as required by section 942.02 . . .

COX BROADCASTING CORP. v. COHN, 420 U.S. 469 (U.S. 1975)

. . . . §942.02 (1968). . . . The Wisconsin Supreme Court upheld the constitutionality of a predecessor of §942.02 in State v. . . .

W. McGRATH, v. PEOPLE STATE OF NEW YORK,, 258 So. 2d 291 (Fla. Dist. Ct. App. 1972)

. . . The procedure involved here is authorized by and in conformity to § 942.02 Fla.Stat., F.S.A. . . .

TERL, v. STATE OF MARYLAND GRAND JURY OF BALTIMORE CITY,, 237 So. 2d 830 (Fla. Dist. Ct. App. 1970)

. . . Pursuant to § 942.02(2) of said Act the court below found; among other things, that the appellant is . . . In arguing his first point, appellant apparently finds great solace in the language of § 942.02(2), supra . . .

EPSTEIN, v. PEOPLE OF STATE OF NEW YORK,, 157 So. 2d 705 (Fla. Dist. Ct. App. 1963)

. . . As has been pointed out above, § 942.02(1) provides for the presentation of an appropriate certificate . . .

In O NEILL No., 17 Fla. Supp. 199 (Dade Cty. Cir. Ct. 1960)

. . . “Renewal of Motion to Quash” the rule issued to said respondent challenging the validity of section 942.02 . . . O’Neill (Fla.), 112 So. 2d 837) the first contention is that section 942.02, Florida Statutes, violates . . . There can be no doubt that both the summons provided for in section 942.02(2), Florida Statutes, and . . . the order provided for in sub-section (3) of section 942.02, are both “process”. . . . Supp. 153) it was pointed out that sub-section 3 of section. 942.02, Florida Statutes, makes no provision . . .

NEW YORK v. O NEILL, 359 U.S. 1 (U.S. 1959)

. . . Stat., 1957, § 942.02) gives the witness who is extradited only $5 a day for his mainténance in New York . . . Stat., 1957, §942.02 (2). . . .

PEOPLE OF STATE OF NEW YORK C. O NEILL, 100 So. 2d 149 (Fla. 1958)

. . . was filed O’Neill was apprehended and gave bond, although there is no provision in our statute, Sec. 942.02 . . . Subsequently the judge, basing his opinion on the record, concluded that Sec. 942.02, supra, was unconstitutional . . . to a determination of the dispute on the merits,, that is, the adjudication of the validity of Sec. 942.02 . . . In the circumstances it seems to be our obligation to decide the constitutionality of Sec. 942.02, supra . . . IV has no application to the facts of this case because, as we understand it, the statute, Sec. 942.02 . . .

In O NEILL, 9 Fla. Supp. 153 (Dade Cty. Cir. Ct. 1956)

. . . Second, by the issuance or entry of an order, provided by subsection (3) of section 942.02, that the . . . the constitutionality of the particular subsection of the “uniform law” (subsection (8) of section 942.02 . . . with the question whether the “summons” or subpoena provided for by the Act (subsection (2), section 942.02 . . . Insofar as subsection 1 of section 942.02 attempts to confer any such power, authority, or , jurisdiction . . . Subsection 3 of section 942.02, invoked by the applicant in this case, is clearly unconstitutional and . . .