Category: Warrants · Statute: F.S. 941.45 · Source: Florida Legislature
Understanding Detainer (Hold) in Florida
In Florida, a detainer—often referred to as a "hold"—is an official written request filed by one law enforcement agency, court, or government jurisdiction with the detention facility currently housing an inmate. This mechanism notifies the holding facility that the inmate is wanted elsewhere to face unresolved criminal charges, serve an uncompleted sentence, or address an active warrant. Under Florida law, including the Interstate Agreement on Detainers codified in Section 941.45 of the Florida Statutes, these holds can originate from other Florida counties, federal authorities, or out-of-state jurisdictions.
A detainer does not initiate an immediate transfer; rather, it acts as a legal stopgap. When a Florida jail receives a detainer, it is legally obligated to notify the requesting agency before releasing the inmate. If the local charges in the holding county are dismissed, resolved, or if the inmate posts bail, the facility will not release the individual to the street. Instead, they will continue to hold the inmate for a designated period—typically up to 72 hours, excluding weekends and holidays—to allow the requesting jurisdiction to arrive and take physical custody of the individual.
How Detainers Impact Bail and Pretrial Release
The presence of a detainer fundamentally alters the pretrial release process in Florida. While a defendant may successfully secure a bond or be granted supervised release on their local Florida charges, the active hold prevents their actual physical release from jail. Posting bail on the local charge merely triggers the clock for the demanding jurisdiction to extradite the defendant. Consequently, posting a bail bond while a detainer is active requires careful coordination, as the defendant will be transferred directly into the custody of the requesting agency rather than returning home.