Florida/Georgia Personal Injury & Workers Compensation

...Penal Code §§ 1548-1556.2 (Deering 1980); enacted in all states, 11 U.L.A. 21 (Cumulative Annual Pocket Part 1985). The federal and state laws provide for discharge of a fugitive if a state is dilatory in seeking return of a fugitive. 18 U.S.C. § 3182 (1982); Unif. Criminal Extradition Act § 17, 11 U.L.A. 262 (1974); § 941.17, Fla....

...The State of Florida appeals this order. The order of dismissal recites that Fulkerson had been held beyond the statutory maximum of thirty days confinement provided for in F.S. 941.15, F.S.A., and that no extension of confinement had been sought by the State pursuant to F.S. 941.17, F.S.A....

...Jim Smith, Atty. Gen., and Lawrence A. Kaden, Asst. Atty. Gen., for appellee. WIGGINTON, Judge. Appellants appeal an order granting their extradition from Florida to Tennessee, urging that they are entitled to dismissal of the extradition proceedings pursuant to Section 941.17, Florida Statutes, and 18 U.S.C....

...The charges lodged against the Ortons were fraudulent breach of trust and failure to appear. On the same day both were given an appearance bond in the amount of $2,502. On appellee's oral motion, extradition time under the bond was extended until April 29, 1981, as allowed by the provisions of Section 941.17, Florida Statutes. The court minutes reflect that on April 29, a hearing was held and appellants "were discharged from the bond" because they had not been extradited within the sixty-day extension allowed by Section 941.17....

...On June 7, 1982, appellants' motion for discharge was heard in the trial court. By order dated August 16, 1982, the trial court denied appellants' motion for discharge and granted extradition. Appellants argue on appeal that they are entitled to dismissal of the extradition proceedings pursuant to Section 941.17, Florida Statutes, which provides that if the accused is not arrested under the governor's warrant by expiration of the time specified in the warrant or bond, a judge "may discharge him or may recommit him for a further period not to e...

...within a period not to exceed sixty days after the date of such new bond." Appellants submit that when they were discharged pursuant to that statute on April 29, 1981, the extradition proceedings against them were, in effect, dismissed. We disagree with appellants' interpretation that the term "discharge" as used in Section 941.17 means dismissal of the proceedings....

...riod up to thirty days. That detention permits time for the procedures required for production of a governor's warrant. If the prisoner is not arrested under the governor's warrant within thirty days, he may be recommitted for up to sixty more days. § 941.17, Florida Statutes (1981). Since appellant was neither arrested within thirty days nor recommitted under § 941.17, he contends he is unlawfully confined and entitled to immediate release....

...In Fulkerson, the defendant had escaped from jail four days after he was served with an untimely governor's warrant. As a defense to the escape charge, Fulkerson argued that because he was held beyond the thirty-day limit in § 941.15, and was not recommitted under § 941.17, he was not in lawful custody at the time of the escape....

...ate must commit the person to county jail for a period not exceeding thirty days, to enable the arrest under a warrant of the governor by requisition from the state having jurisdiction of the offense, or allow the person to give bail. See § 941.15. Section 941.17 allows for an extension of the commitment period for up to another sixty days, if there is no arrest by the governor within the time specified in the warrant or bond....

...ion 941.15, F.S.A. Upon completion of this period of thirty days, and because the Governor’s warrant had not been received, the court thereupon remanded petitioner to the custody of the respondent for a further thirty-day period pursuant to, F.S., Section 941.17, F.S.A....

...On this latter date, petitioner was again brought before the court and in the ab-sense of a Governor’s warrant having been received, the court once again and over objection of petitioner’s counsel, remanded petitioner to the custody of respondent for a further thirty-day period of time. It is our judgment that Section 941.17 permits the judge to recommit an accused one time for a period not to exceed sixty days....

...her to the county jail for a specified period, not exceeding thirty days, pending her arrest on a governor's rendition warrant. If the rendition warrant is not forthcoming during that period, the court may extend the commitment for up to sixty days. § 941.17, Fla....

bail for the maximum sixty-day extension period. § 941.17, Fla.Stat. (1981). After this extension period

...However, under section 941.16, the trial judge properly exercised her discretion to not admit Vargas to bail by bond on the fugitive warrant as the language of the statute is permissive because it uses the term “may.” After the section 941.15 time limit of 30 days expires, section 941.17 allows for an extension of time of commitment, as follows: “If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge may discharge the accused or may recommit him or her for a further period not to exceed 60 days ....

...2d DCA 1984) (“The trial judge ‘dismissed’ the proceedings against appellant on the grounds that the Governor's warrant had not been forthcoming within the maximum statutory ninety-day time period. . . . [T]he trial court, in compliance with section 941.17, Florida Statutes (1981), intended only to dismiss its own court proceedings and to discharge the fugitive warrant ....