Category: Court Process · Statute: F.S. 941.11 · Source: Florida Legislature
Understanding Waiver of Extradition in Florida
In Florida, a Waiver of Extradition occurs when an individual arrested in another state voluntarily agrees to return to Florida to face pending criminal charges, or vice versa, without forcing the demanding state to go through the formal, lengthy legal process of obtaining a Governor’s Warrant. Under Florida Statute Section 941.11, part of the Uniform Interstate Extradition Act, this waiver must be executed in writing before a judge. The court must advise the individual of their rights to demand a formal requisition and to test the legality of their arrest through a writ of habeas corpus before they can legally sign the waiver.
When a defendant waives extradition, they bypass the formal hearings that would otherwise challenge the demanding state's paperwork, identity of the accused, or the validity of the charge. This process is common in Florida because many individuals are arrested on out-of-state warrants while visiting or residing in the state. By signing the waiver, the defendant expedites their transfer, allowing the demanding state’s law enforcement agency to transport them directly back to the jurisdiction where the charges originated, rather than remaining in a local Florida jail for up to 30 or 90 days while formal governor-to-governor paperwork is processed.
Impact on Bail and Pretrial Release
Under Florida law, an out-of-state fugitive is generally held without bail while awaiting extradition. However, waiving extradition can drastically affect pretrial release. Once a defendant waives extradition, the demanding state has a limited window—typically 15 to 30 days—to transport them. If the demanding state fails to pick up the defendant within this statutory timeframe, the Florida court may grant a bond or release the defendant altogether. Additionally, waiving extradition demonstrates cooperation, which defense attorneys often use to argue for a lower bond once the defendant is returned to the demanding court.