Category: Warrants · Statute: F.S. 941.19 · Source: Florida Legislature
Understanding Fugitive Warrant in Florida
Under the Florida Uniform Interstate Extradition Act, specifically Section 941.19 of the Florida Statutes, a fugitive warrant is a legal directive issued by a Florida judge to arrest an individual who has fled from another state (the demanding state) to avoid prosecution, sentencing, or confinement. This warrant is typically triggered when out-of-state law enforcement enters an active warrant into national databases, such as the National Crime Information Center (NCIC). When Florida law enforcement locates the individual within state borders, they apply for a fugitive warrant to legally detain them pending formal extradition proceedings.
A fugitive warrant is distinct from a standard Florida arrest warrant because its primary purpose is not to try the individual for a crime committed in Florida, but rather to hold them secure until the demanding state can arrange for their transport. Once arrested on a fugitive warrant, the individual is brought before a Florida judge for an initial appearance. Under Florida law, the state can hold the accused for up to 30 days—which can be extended for an additional 60 days under Section 941.17—to allow the demanding state's governor to issue a formal Governor’s Warrant to finalize the extradition process.
Bail and Pretrial Release for Fugitive Warrants
Under Florida Statute 941.16, a judge may grant bail to an individual arrested on a fugitive warrant, provided the underlying out-of-state offense is bailable in the state where it was committed. However, bail is strictly prohibited if the individual is charged with a crime punishable by death or life imprisonment in the demanding state. To secure release, the fugitive must post a bond conditioned on their appearance at a specified time for their extradition hearing, or face immediate re-arrest.