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Florida Extradition Statutes (excerpts) [1]

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Date: 2023-01-17

The topic of this story is ‘extradition statutes of Florida’. The research document is from the following link, the Florida Government’s Official Statutes.

Link: Florida extradition statutes

The purpose of writing this is to depict possible scenarios when the State of Georgia issues a warrant for Trump’s arrest. Specifically for crimes related to ‘election interference’, for which there is much evidence.

Some notable portions of the statutes are below. But the ironic circumstance is that Florida Governor DeSantis is the one who decides if Trump is to be delivered to Georgia. (Section 941.06)

Caveat: I did not investigate the activities required by the State of Georgia to demand extradition, I solely looked at the actions that are required by statute in Florida for extradition upon demand from another State. I did not research what actions might be taken by the Secret Service detail that is assigned to Trump, related to extradition activities by the State of Florida.

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Section 941.02

….. it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.

Section 941.03

….. 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.

Section 941.06

The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in s. 941.03 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this chapter not otherwise inconsistent, shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.

Section 941.07

If the Governor decides that the demand should be complied with, he or she shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom the Governor may think fit to entrust with the execution thereof.

Section 941.08

Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he or she may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this chapter, tot he duly authorized agent of the demanding state.

Section 941.10 (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 betaken 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.

Section941.10 (2)

A warrant issued under s. 941.07 shall be presumed to be valid, … (and) the person named in the warrant shall be held in custody at all times and shall not be eligible for release on bail.

Section941.20

The guilt or innocence of the accused as to the crime of which he or she is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided shall have been presented to the Governor

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[1] Url: https://www.dailykos.com/stories/2023/1/17/2147684/-Florida-Extradition-Statutes-excerpts

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