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Florida Statute 941.45 | Lawyer Caselaw & Research
F.S. 941.45 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 941
CORRECTIONS: INTERSTATE COOPERATION
View Entire Chapter
F.S. 941.45
941.45 Interstate Agreement on Detainers.The interstate compact known as the “Interstate Agreement on Detainers” is enacted into law and entered into by the state as a party, and is of full force and effect between the state and any other states joining therein in the form substantially as follows:

INTERSTATE AGREEMENT
ON DETAINERS

ARTICLE I

Policy and Purpose

The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations, or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations, or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.

ARTICLE II

Definitions

As used in this agreement:

(a) “State” means the United States of America, a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

(b) “Sending state” means a state in which a prisoner is incarcerated at the time he or she initiates a request for final disposition pursuant to Article III or at the time that a request for custody or availability is initiated pursuant to Article IV.

(c) “Receiving state” means the state in which trial is to be had on an indictment, information, or complaint pursuant to Article III or Article IV.

ARTICLE III

Request for Final Disposition

(a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information, or complaint on the basis of which a detainer has been lodged against the prisoner, he or she shall be brought to trial within 180 days after the prisoner shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer’s jurisdiction written notice of the place of his or her imprisonment and the prisoner’s request for a final disposition to be made of the indictment, information, or complaint; provided that, for good cause shown in open court, the prisoner or the prisoner’s counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.

(b) The written notice and request for final disposition referred to in paragraph (a) shall be given or sent by the prisoner to the warden, commissioner of corrections, or other official having custody of the prisoner, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.

(c) The warden, commissioner of corrections, or other official having custody of the prisoner shall promptly inform the prisoner of the source and contents of any detainer lodged against him or her and shall also inform the prisoner of his or her right to make a request for final disposition of the indictment, information, or complaint on which the detainer is based.

(d) Any request for final disposition made by a prisoner pursuant to paragraph (a) shall operate as a request for final disposition of all untried indictments, informations, or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, commissioner of corrections, or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner’s request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner’s written notice, request, and the certificate. If trial is not had on any indictment, information, or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

(e) Any request for final disposition made by a prisoner pursuant to paragraph (a) shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d), and a waiver of extradition to the receiving state to serve any sentence there imposed upon him or her, after completion of the prisoner’s term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his or her body in any court where the prisoner’s presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law.

(f) Escape from custody by the prisoner subsequent to his or her execution of the request for final disposition referred to in paragraph (a) shall void the request.

ARTICLE IV

Request for Custody or Availability

(a) The appropriate officer of the jurisdiction in which an untried indictment, information, or complaint is pending shall be entitled to have a prisoner against whom the officer has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with Article V(a) upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated; provided that the court having jurisdiction of such indictment, information, or complaint shall have duly approved, recorded, and transmitted the request and provided further that there shall be a period of 30 days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon the governor’s own motion or upon motion of the prisoner.

(b) Upon receipt of the officer’s written request as provided in paragraph (a), the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.

(c) In respect of any proceeding made possible by this article, trial shall be commenced within 120 days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or the prisoner’s counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.

(d) Nothing contained in this article shall be construed to deprive any prisoner of any right which the prisoner may have to contest the legality of his or her delivery as provided in paragraph (a), but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery.

(e) If trial is not had on any indictment, information, or complaint contemplated hereby prior to the prisoner’s being returned to the original place of imprisonment pursuant to paragraph (e) of Article V, such indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

ARTICLE V

Offer to Deliver Temporary Custody

(a) In response to a request made under Article III or Article IV, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information, or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in Article III. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this article or to the prisoner’s presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian.

(b) The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:

1. Proper identification and evidence of the officer’s authority to act for the state into whose temporary custody the prisoner is to be given, and

2. A duly certified copy of the indictment, information, or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.

(c) If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information, or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in Article III or Article IV, the appropriate court of the jurisdiction where the indictment, information, or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.

(d) The temporary custody referred to in this article shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations, or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for the prisoner’s attendance at court and while being transported to or from any place at which his or her presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.

(e) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.

(f) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow.

(g) For all purposes other than that for which temporary custody as provided in this article is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law.

(h) From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations, or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping, and returning the prisoner. The provisions of this paragraph shall govern unless the states concerned have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies, and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs or responsibilities therefor.

ARTICLE VI

Tolling Period and Limitations

(a) In determining the duration and expiration dates of the time periods provided in Articles III and IV, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.

(b) No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill.

ARTICLE VII

Designation of Officer

Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement and who shall provide, within and without the state, information necessary to the effective operation of this agreement.

ARTICLE VIII

Effectiveness and Withdrawal

This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.

ARTICLE IX

Construction and Severability

This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable, and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

History.s. 1, ch. 73-287; s. 3, ch. 89-531; s. 1623, ch. 97-102.

F.S. 941.45 on Google Scholar

F.S. 941.45 on Casetext

Amendments to 941.45


Arrestable Offenses / Crimes under Fla. Stat. 941.45
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 941.45.



Annotations, Discussions, Cases:

Cases from cite.case.law:

CROCKETT, v. STATE, 206 So.3d 742 (Fla. Dist. Ct. App. 2016)

. . . .” § 941.45(Art, III)(c), Fla. Stat. (2004). . . .

DOZIER, v. STATE, 175 So. 3d 322 (Fla. Dist. Ct. App. 2015)

. . . . § 941.45, Fla. Stat. (2012). . . .

DAWES, v. STATE, 135 So. 3d 420 (Fla. Dist. Ct. App. 2014)

. . . See § 941.45(1), Fla. Stat. (2011); United States v. . . . has entered upon “a term of imprisonment in a penal or correctional institution of a party state.” § 941.45 . . . . 5th DCA 1987), which states it is to be “liberally construed so as to effectuate its purposes.” § 941.45 . . . See § 941.45(III)(a), Fla. Stat. (2011). . . .

DEVINE, v. STATE, 120 So. 3d 171 (Fla. Dist. Ct. App. 2013)

. . . Section 941.45, article III, governs prisoners’ requests for final dispositions of charges pending in . . . eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. § 941.45 . . . Indeed, the IAD provides that its provisions are to be liberally construed, § 941.45, art. . . .

CHURCHWELL, v. STATE, 44 So. 3d 645 (Fla. Dist. Ct. App. 2010)

. . . warrant is not an ‘untried indictment, information or complaint’ so as to trigger compliance with section 941.45 . . .

WALKER, v. STATE, 43 So. 3d 915 (Fla. Dist. Ct. App. 2010)

. . . States and Florida Constitutions, and under the Interstate Agreement on Detainers Act (“IADA”), section 941.45 . . . See § 941.45, Fla. . . . jurisdiction written notice of the place of his imprisonment and his request for a final disposition....” § 941.45 . . .

PARKS, v. STATE, 43 So. 3d 858 (Fla. Dist. Ct. App. 2010)

. . . his request for final disposition under the Interstate Agreement on Detainers Act [“IADA”], Section 941.45 . . . The State replied that the Defendant had not substantially complied with § 941.45, Fla. . . . Florida courts agree that substantial compliance with section 941.45(a) is sufficient. See State v. . . . (3), explaining: We conclude that Appellee’s request did not substantially comply with section 941.45 . . . Halle, however, involved a section 941.45(d) issue. . . .

MONROE, v. STATE, 978 So. 2d 177 (Fla. Dist. Ct. App. 2007)

. . . final disposition pursuant to the Interstate Agreement on Detainers Act (IADA), codified as section 941.45 . . . The IADA is codified in Florida law as section 941.45. In 2003, Mr. . . . , the court having jurisdiction of the matter may grant any necessary or reasonable continuance.” § 941.45 . . . In Garza, the defendant filed a “notice of violation of section 941.45, claiming that the IAD[A]’s speedy . . . Monroe established a violation of section 941.45, article 111(a), one that occurred well before any action . . .

D. GEE, v. STATE, 954 So. 2d 83 (Fla. Dist. Ct. App. 2007)

. . . prohibition, contending that his right to a speedy trial under the Interstate Agreement on Detainers, section 941.45 . . .

CANDELARIA, v. STATE, 937 So. 2d 1266 (Fla. Dist. Ct. App. 2006)

. . . Candelaria did not comply substantially with the requirements of section 941.45, Florida Statutes (2005 . . .

HALLE, v. STATE, 914 So. 2d 470 (Fla. Dist. Ct. App. 2005)

. . . the so-called “anti-shuttling” provision of the Interstate Agreement on Detainers [“IAD”], section 941.45 . . . Massachusetts to Florida pursuant to his request for final disposition of all untried cases in Florida. § 941.45 . . . of Halle to Massachusetts without disposition of the Hernando County case mandates its dismissal. § 941.45 . . .

AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 886 So. 2d 197 (Fla. 2004)

. . . As an alternative, certain prisoners may claim the benefit of sections 941.45-941.50, Florida Statutes . . .

SOLORIO, v. STATE, 884 So. 2d 154 (Fla. Dist. Ct. App. 2004)

. . . is without prejudice to Solorio’s seeking any relief to which he may be entitled pursuant to section 941.45 . . .

LETT, v. STATE, 837 So. 2d 614 (Fla. Dist. Ct. App. 2003)

. . . See § 941.45, Fla. Stat. (1993); 18 U.S.CApp. 2, § 1 et seq. Id. at 741-42 (footnotes omitted). . . .

STATE v. GARZA,, 807 So. 2d 790 (Fla. Dist. Ct. App. 2002)

. . . between Florida Rule of Criminal Procedure 3.191 and the Interstate Agreement on Detainers, section 941.45 . . . 3.191 speedy trial grounds, defense counsel, on August 16, 2000, filed a notice of violation of section 941.45 . . . Garza’s discharge motion based on section 941.45 grounds, granted it, and discharged him. . . . Although we find that the circuit court erred in the way it applied section 941.45, Florida Statutes . . .

PHILLIPS, v. STATE, 795 So. 2d 1033 (Fla. Dist. Ct. App. 2001)

. . . attorney was ineffective because he did not seek to enforce the Interstate Agreement on Detainers, section 941.45 . . .

AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 794 So. 2d 457 (Fla. 2000)

. . . Nothing hereinabove- statedin this rule shall affect a prisoner’s right to speedy trial under sections 941.45 . . . As an alternative, certain prisoners may claim the benefit of sections 941.45-941.50, Florida Statutes . . .

G. GUERRERO, v. STATE, 779 So. 2d 392 (Fla. Dist. Ct. App. 2000)

. . . Guerrero filing a request for final disposition pursuant to section 941.45, article III, Florida Statutes . . .

STATE v. FAY,, 763 So. 2d 473 (Fla. Dist. Ct. App. 2000)

. . . ground that his right to a speedy trial under the Interstate Agreement on Detainers (IAD), section 941.45 . . . Section 941.45(3), Florida Statutes, the IAD, provides for disposition of charges pending against a prisoner . . . Substantial compliance with the requirements of section 941.45(3) is sufficient to invoke the benefits . . . We conclude that Appellee’s request did not substantially comply with section 941.45(3) because it was . . .

QUINN, v. STATE, 713 So. 2d 1046 (Fla. Dist. Ct. App. 1998)

. . . the failure of appellee, state, to bring him to trial within the time periods set forth in sections 941.45 . . . the foregoing time periods warrants a dismissal of the charges against a defendant with prejudice. § 941.45 . . .

BOGUE, v. E. FENNELLY,, 705 So. 2d 575 (Fla. Dist. Ct. App. 1997)

. . . prohibition, finding that the statutory safeguards of the Interstate Agreement on Detainers (IAD), section 941.45 . . . ANALYSIS OF THE IAD Section 941.45, Florida Statutes (1995), adopts and incorporates into this state’ . . . disposition ... of any and all detainers based on untried indictments, informa-tions, or complaints. § 941.45 . . . Bivona, 496 So.2d 130, 132 n. 2 (1986), our supreme court recognized that section 941.45 would apply . . . See § 941.45, Fla. Stat. (1995). . In Lee v. . . . IX, § 941.45, Fla. Stat. (1995). . . .

REMETA, v. K. SINGLETARY, Jr., 85 F.3d 513 (11th Cir. 1996)

. . . . § 941.45, is an issue of first impression in this circuit and therefore warrants discussion. . . . See Fla.Stat. § 941.45(e). . . .

CLARK, v. STATE, 662 So. 2d 729 (Fla. Dist. Ct. App. 1995)

. . . . § 941.45, Fla.Stat. (1991). . . .

BROWN, v. STATE, 674 So. 2d 738 (Fla. Dist. Ct. App. 1995)

. . . See § 941.45, Fla.Stat. (1993); 18 U.S.C.App. 2, § 1 et seq. . . .

HOLMES, v. STATE, 653 So. 2d 464 (Fla. Dist. Ct. App. 1995)

. . . they obtained custody of appellant, apparently pursuant to the Interstate Agreement on Detainers (§§ 941.45 . . .

A. WISNIEWSKI, v. STATE, 650 So. 2d 188 (Fla. Dist. Ct. App. 1995)

. . . See § 941.45, Fla.Stat. (1993); § 24-60-501, Colo.Rev.Stat. (1990). . . . See § 941.45, art. V(c), Fla.Stat. (1993). . . .

SCHUHART, v. STATE, 647 So. 2d 1049 (Fla. Dist. Ct. App. 1994)

. . . . —, —, 113 S.Ct. 1085, 1091, 122 L.Ed.2d 406 (1993); § 941.45(3)(2), Fla.Stat. (1987). . . . proper status of any and all detainers based on untried indictments, informations, or complaints.” § 941.45 . . . The IAD also has an additional time period to mandate compliance with speedy trial mandates. § 941.45 . . . the state where the prisoner is to be tried, the receiving state has 120 days to try the prisoner. § 941.45 . . . 831.01, Fla.Stat. (1987). . § 812.014(2)(c), Fla.Stat. (1987). . § 843.15(l)(a), Fla.Stat. (1987). . §§ 941.45 . . .

VINING, v. STATE, 637 So. 2d 921 (Fla. 1994)

. . . . § 941.45(3), Fla.Stat. (1987). . . . complaint] with prejudice, and any detainer based thereon shall cease to be of any force or effect.” § 941.45 . . . GRIMES, C.J., and OVERTON, MCDONALD, SHAW, KOGAN and HARDING, JJ., concur. . § 941.45, Fla.Stat. (1987 . . . brought to trial on the charges within 180 days after his request for final disposition under section 941.45 . . .

G. SEGROVES, v. STATE, 629 So. 2d 967 (Fla. Dist. Ct. App. 1993)

. . . Georgia and Florida have adopted the Interstate Agreement on Detainers Act (IAD), provisions of sections 941.45 . . . He argues that pursuant to section 941.45(3), Florida Statutes (1991), he was denied a speedy trial. . . .

KRAMER, v. METRO- DADE CORRECTIONS AND REHABILITATION DEPARTMENT,, 822 F. Supp. 1572 (S.D. Fla. 1993)

. . . . § 941.45 (West Ann.1985 & Supp. 1983). . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 606 So. 2d 227 (Fla. 1992)

. . . As an alternative, certain prisoners may claim the benefit of sections 941.45-941.50, Florida Statutes . . .

F. BENTZEL, v. STATE, 585 So. 2d 1118 (Fla. Dist. Ct. App. 1991)

. . . custody of appellant under the Interstate Agreement on Detainers (IAD) Chapter 941, Part 2, sections 941.45 . . .

STATE v. T. AGEE, a k a,, 588 So. 2d 600 (Fla. Dist. Ct. App. 1991)

. . . Nothing hereinabove stated shall affect a prisoner’s right to speedy trial under section 941.45-941.50 . . .

S. TAYLOR, v. STATE, 582 So. 2d 152 (Fla. Dist. Ct. App. 1991)

. . . warrant is not an “untried indictment, information or complaint” so as to trigger compliance with section 941.45 . . .

STATE v. ANTONIETTI,, 558 So. 2d 192 (Fla. Dist. Ct. App. 1990)

. . . defendant moved for extradition to Florida pursuant to the Florida Interstate Agreement on Detainers Act, § 941.45 . . .

FUENTE, v. STATE, 549 So. 2d 652 (Fla. 1989)

. . . days after his request for final disposition under the Interstate Agreement on Detainers, paragraph 941.45 . . . motion for discharge claiming that his right to be brought to trial within 180 days pursuant to section 941.45 . . . for discharge, the state took the position that the 180-day period was tolled pursuant to paragraph 941.45 . . . Section 941.45(3)(a), Florida Statutes (1985), provides in pertinent part: (3) REQUEST FOR FINAL DISPOSITION . . . Section 941.45(3)(b) provides in pertinent part: The written notice and request for final disposition . . .

PARKER, v. STATE, 539 So. 2d 1168 (Fla. Dist. Ct. App. 1989)

. . . on the ground that his right to a speedy trial under the Interstate Agreement on Detainers,; section 941.45 . . . although appellant did demand speedy trial pursuant to the statute, contrary to the requirement of section 941.45 . . .

JOHN, v. STATE, 534 So. 2d 895 (Fla. Dist. Ct. App. 1988)

. . . to dismiss criminal charges alleging that while incarcerated in a foreign state pursuant to section 941.45 . . . time limits contained in said statute having expired, the defendant was entitled, pursuant to section 941.45 . . .

STATE v. SMILEY,, 529 So. 2d 349 (Fla. Dist. Ct. App. 1988)

. . . 180 days as required under the provisions of the Interstate Agreement on Detainers (IAD), sections 941.45 . . . We note, however, some important differences in the purposes of Rule 3.191 and section 941.45(3)(a), . . . There is no requirement under section 941.45(3)(a) (as there is in Rule 3.191) that the defendant shall . . . Section 941.45(6), provides that the time period provided for in the statute shall be tolled whenever . . . Request for final disposition under the IAD is initiated by "the prisoner," section 941.45(3)(a); the . . .

WELCH, v. STATE, 528 So. 2d 1236 (Fla. Dist. Ct. App. 1988)

. . . detain-er against him, and petitioner allegedly filed a request for disposition pursuant to section 941.45 . . . Section 941.45 Fla.Stat.; Fla.R.Crim.P. 3.191(b)(1). . . .

TORRES- ARBOLEDO, v. STATE, 524 So. 2d 403 (Fla. 1988)

. . . Section 941.45(3)(a) provides in pertinent part: (3) REQUEST FOR FINAL DISPOSITION.— (a) Whenever a person . . . Section 941.45(3)(b) states that the prisoner shall give or send the “written notice and request for . . . .2d 787 (Fla. 2d DCA 1983), which holds that substantial compliance with the requirements of section 941.45 . . . Under section 941.45(3)(b), a custodial officer has no duty to forward a notice and request for disposition . . . pass through the prison’s mail system is insufficient to establish a custodian’s duty under section 941.45 . . .

SHARP, v. STATE, 522 So. 2d 51 (Fla. Dist. Ct. App. 1988)

. . . denial of his motion to dismiss a charge of escape, based on the state’s failure to comply with section 941.45 . . . Sharp’s contention that section 941.45 applies to him is patently without merit. . . . The trial court correctly denied Sharp’s motion to dismiss, since the requirements of section 941.45( . . .

H. BURNS, v. STATE, 523 So. 2d 604 (Fla. Dist. Ct. App. 1987)

. . . handwritten letter to the Florida State Attorney’s Office, requesting a final disposition pursuant to section 941.45 . . . On February 25, 1986, appellant filed a motion for discharge pursuant to section 941.45, alleging that . . . Next, appellant contends error was committed in denial of the motion for discharge under section 941.45 . . . However, use of section 941.45(3), Florida Statutes (1985), was not then available to appellant because . . .

J. CASPER, M- v. RYAN,, 822 F.2d 1283 (3d Cir. 1987)

. . . . §§ 941.45-941.50 and 42 Pa.Cons.Stat. Ann. § 9101. . . .

STATE v. EDWARDS,, 509 So. 2d 1161 (Fla. Dist. Ct. App. 1987)

. . . 18, 1985, the date Edwards made his demand for disposition of the charges against him under section 941.45 . . . This case is governed by section 941.45(3)(a), one of two speedy trial provisions contained in the Interstate . . . Section 941.45(3)(a) provides that where, as here, an incarcerated defendant makes a demand for disposition . . . , he must be tried within 180 days; and section 941.45(4) provides that a defendant must be tried within . . .

STATE OF FLORIDA v. KRESLER, 24 Fla. Supp. 2d 105 (Fla. Cir. Ct. 1987)

. . . Section 941.45(3)(a), however provides in relevant part that such a request . . . shall be accompanied . . . November 17, 1984) that he would be entitled to a discharge under Section 941.45(3)(d). . . . The Defendant pursuant to Section 941.45(4)(c) arrived within the receiving state (i.e. . . . Within the time frame provided by 941.45(4) that statutory framework was adhered to. . . . the Defendant of 941.45(3). . . .

M. MARTIN, v. STATE, 503 So. 2d 994 (Fla. Dist. Ct. App. 1987)

. . . demand for speedy trial pursuant to Florida Rule of Criminal Procedure 3.191, as authorized by section 941.45 . . .

STATE v. BUTLER,, 496 So. 2d 916 (Fla. Dist. Ct. App. 1986)

. . . Butler filed the necessary forms pursuant to the Interstate Agreement on Detainers, §§ 941.45 ff., Fla.Stat . . . provide certainty and prevent obstruction in “programs of prisoner treatment and rehabilitation.” § 941.45 . . .

STATE v. BIVONA, Jr., 496 So. 2d 130 (Fla. 1986)

. . . Amendment, such prisoners still have the benefit of the Interstate Agreement on Detainers, sections 941.45 . . .

CAVANAUGH, v. STATE, 495 So. 2d 1232 (Fla. Dist. Ct. App. 1986)

. . . wants that done his remedy is provided by the Interstate Agreement on Detainers set forth in sections 941.45 . . . -941.-50, Florida Statutes, and particularly section 941.45(3)(a) which permits the defendant to request . . .

TORO a k a v. STATE, 479 So. 2d 298 (Fla. Dist. Ct. App. 1985)

. . . Sec. 941.45(4)(c) provides: (c) In respect of any proceeding made possible by this subsection, trial . . .

STATE v. B. CULLIGAN,, 454 So. 2d 700 (Fla. Dist. Ct. App. 1984)

. . . Fla. 2d DCA 1983), which holds that substantial compliance with the requirements contained in Section 941.45 . . . substantial compliance test; his motion was inadequate to provide the information required by Section 941.45 . . .

C. DISTISO, a k a v. WAINWRIGHT,, 451 So. 2d 988 (Fla. Dist. Ct. App. 1984)

. . . requested temporary custody of Distiso pursuant to the Interstate Agreement on De-tainers, section 941.45 . . . Section 941.45(5)(b)2, Florida Statutes (1983), obligates the state accepting an offer of temporary custody . . . Distiso by submitting a new request and, upon demand, presenting proper documentation under section 941.45 . . .

HAWKINS, v. STATE, 451 So. 2d 903 (Fla. Dist. Ct. App. 1984)

. . . Nothing hereinabove stated shall affect a prisoner’s right to speedy trial under section 941.45-941.50 . . .

SHUMATE, v. STATE, 449 So. 2d 387 (Fla. Dist. Ct. App. 1984)

. . . The Florida Interstate Agreement on De-tainers Act (§§ 941.45-50, Fla.Stat.) ■ does not require that . . . attorney and Florida court notice of his place of confinement and his request for trial under section 941.45 . . .

STATE v. S. MOSER,, 445 So. 2d 696 (Fla. Dist. Ct. App. 1984)

. . . for noncompliance with the speedy trial provisions of the Interstate Agreement on Detainers, section 941.45 . . . dismissed with prejudice notwithstanding the speedy trial issue because the state violated section 941.45 . . . The anti-shuffling provision of the Interstate Agreement on Detainers, section 941.45(4)(e), provides . . . Accordingly, we hold that the state violated section 941.45(4)(e) by returning defendant to Maryland . . . trial issue would accomplish nothing in light of defendant's return to Maryland in violation of séction 941.45 . . .

E. GRIZZELL, v. STATE OF TENNESSEE,, 601 F. Supp. 230 (M.D. Tenn. 1984)

. . . . §§ 941.45941.50, inclusive: T.C.A. §§ 40-3901 — 40-3908, inclusive. . . .

M. JOHNSON, v. STATE, 442 So. 2d 193 (Fla. 1983)

. . . against him once the 120-day limits specified in the Interstate Agreement on Detainers (IAD), section 941.45 . . . the “expeditious and orderly disposition of ... charges” against one in custody of another state. § 941.45 . . . See § 941.45(1), Fla.Stat. (1979). We find no merit in this issue. . . .

COIT, v. STATE, 440 So. 2d 409 (Fla. Dist. Ct. App. 1983)

. . . since the State did not try him on the burglary charge in accordance with the provisions of Section 941.45 . . . to furnish appellant with notice of the lodging of the May 28, 1982 detainer as required by Section 941.45 . . . Nevertheless, appellant contends that he is entitled to discharge because, contrary to Section 941.45 . . . forms 2, 3 and 4, which presumably would have supplied the factual information required under Section 941.45 . . . Lincoln, 601 P.2d 641 (Colo.App.1979), in support of his position that Section 941.45(3)(c) is mandatory . . .

STATE v. ROBERTS,, 427 So. 2d 787 (Fla. Dist. Ct. App. 1983)

. . . be strict or substantial compliance with the Interstate Agreement on Detainers Act (IADA), section 941.45 . . . The issue of strict versus substantial compliance with the requirements of section 941.45(3) has not . . . Florida has adopted the liberal construction provision. § 941.45(9), Florida Statutes (1979). . . . . § 941.45(1). In State ex rel. Saxton v. . . . In the case sub judice, Roberts substantially complied with section 941.45(3) by sending the documents . . .

IRBY, v. STATE OF MISSOURI,, 427 So. 2d 367 (Fla. Dist. Ct. App. 1983)

. . . On November 6, 1981, appellant, pursuant to section 941.45, Florida Statutes (1981), submitted to the . . .

WILLIAMS, v. STATE, 426 So. 2d 1121 (Fla. Dist. Ct. App. 1983)

. . . Williams appeals, contending that he was entitled to a discharge pursuant to Section 941.45(4)(e), Florida . . . Pursuant to Section 941.45(4), Florida Statutes (1977), Marion County filed a request for temporary custody . . . available for trial in December 1977 when he was in Marion County, that the 120-day time limit of Section 941.45 . . . Union County that Williams was being brought to Florida as required by the last sentence of Section 941.45 . . .

STATE v. WIGGINS,, 425 So. 2d 621 (Fla. Dist. Ct. App. 1983)

. . . The trial court held that under Section 941.45(3), Florida Statutes (1981) (a section of the Interstate . . . Sections 941.45(3)(d) and 941.-45(4)(b) & (e), Florida Statutes (1981), rather clearly provide for notice . . . therefore hold that dismissal of the charges would have been mandated by the application of either Section 941.45 . . . (3)(d) or Section 941.45(4)(e), Florida Statutes (1981) and we accordingly affirm the dismissal. . . .

P. LORENZO, v. STATE, 422 So. 2d 1058 (Fla. Dist. Ct. App. 1982)

. . . revoked for failure to follow the time limitations of the Interstate Agreement on Detainers Act, section 941.45 . . . Section 941.45(3)(a), Florida Statutes (1979), reads in pertinent part: (3) REQUEST FOR FINAL DISPOSITION . . .

SAXON, v. STATE, 416 So. 2d 904 (Fla. Dist. Ct. App. 1982)

. . . s office in Escambia County requesting final disposition of the pending charges pursuant to Section 941.45 . . . failed to utilize the appropriate provisions of the Interstate Agreement on Detainers Act, Section 941.45 . . . s efforts over the past five years have wreaked havoc on the orderly processes set forth in Section 941.45 . . .

STATE v. MINNICK,, 413 So. 2d 168 (Fla. Dist. Ct. App. 1982)

. . . Appellant, State of Florida, takes this appeal from a final order entered under the authority of section 941.45 . . . Section 941.45(3) requires a requesting state to bring a prisoner requesting final disposition to trial . . . We conclude that the 180-day period was tolled, pursuant to section 941.45(6), during the time appellee . . . However, inasmuch as section 941.45(6) provides that the Florida court, the court having jurisdiction . . . (3) or 120 days from receipt of the prisoner as provided in section 941.45(4). . . .

A. DILLMAN, v. STATE, 411 So. 2d 964 (Fla. Dist. Ct. App. 1982)

. . . who had requested final disposition of a detainer resulting from pending Florida charges, see Section 941.45 . . . extradition and deprived him of any right to be tried within 180 days of his request under Section 941.45 . . . A request for final disposition is deemed to be a waiver of extradition. § 941.45(3)(e), Fla. . . .

STATE v. IVEY,, 410 So. 2d 636 (Fla. Dist. Ct. App. 1982)

. . . against appellee by transmitting to the Federal Institution a request for custody pursuant to section 941.45 . . . Section 941.45(4)(c), Florida Statutes (1979). . . . Thus, the tolling provisions of section 941.45(6)(a) came into effect, and the 120-day period specified . . . , by section 941.45(4)(c) was extended. . . .

D. MAGGARD, v. L. WAINWRIGHT,, 411 So. 2d 200 (Fla. Dist. Ct. App. 1982)

. . . disposition of the parole violation charge under the Interstate Agreement on Detainers Act (IAD), Sections 941.45 . . . Petitioner alleges his full compliance with the requirements of Section 941.45(3), “Request For Final . . . executed the “Offer To Deliver Temporary Custody” (Form Four), in compliance with the act, Section 941.45 . . . Section 941.45(5)(c). . . . ’s failure to return him to Kentucky upon his request for disposition of the detainer under Section 941.45 . . . . § 941.45(3)(a), Florida Statutes. . . .

E. PROCTOR, Jr. v. L. WAINWRIGHT,, 408 So. 2d 793 (Fla. Dist. Ct. App. 1982)

. . . parole revocation hearing within the time prescribed by the Interstate Agreement on Detainers, Sections 941.45 . . . Section 941.45(3)(a), Florida Statutes (1979), requires trial, on any indictment, information, or complaint . . .

R. HUNTER, v. J. FRANZA, 405 So. 2d 1035 (Fla. Dist. Ct. App. 1981)

. . . request for custody made through the provisions of the Interstate Agreement on Detainers Act, Sections 941.45 . . . Under Section 941.45(4)(c) petitioner was entitled to be tried within 120 days of his arrival in Florida . . .

L. WAINWRIGHT, v. EVANS,, 403 So. 2d 1123 (Fla. Dist. Ct. App. 1981)

. . . 12, 1978 for final disposition of the warrant within one hundred eighty days as required by section 941.45 . . . Section 941.45, Florida Statutes, encourages the expeditious and orderly disposition of charges based . . . the Second District Court of Appeal concluded that probationers were within the coverage of section 941.45 . . . Section 941.45 was enacted in 1973, well before Hofmann which was decided in 1976. . . .

STATE v. GRIZZELL,, 399 So. 2d 1091 (Fla. Dist. Ct. App. 1981)

. . . Tennessee authorities on the grounds that the “anti-shuttling” provision of the interstate act, Section 941.45 . . . SHIVERS and WENTWORTH, JJ., concur. . §§ 941.45 et seq., F.S. . § 941.45(4), F.S. . § 941.45(4)(e): “ . . .

O CONNELL, v. STATE, 400 So. 2d 136 (Fla. Dist. Ct. App. 1981)

. . . request for temporary custody of O’Connell pursuant to the Interstate Agreement on Detainers, sections 941.45 . . . Pursuant to section 941.45(5)(e), Florida Statutes (1979), the dismissal provision of the agreement, . . . UP-CHURCH, Jr., J., concur. . § 941.45(4)(c), Fla.Stat. (1979). . . . . Section 941.45(4)(a), Florida Statutes (1979), provides that the appropriate officer of the jurisdiction . . .

M. SHEWAN, v. STATE, 396 So. 2d 1133 (Fla. Dist. Ct. App. 1980)

. . . the denial of his motion for discharge because of lapse of the speedy trial time set forth in section 941.45 . . . final disposition of the state charges against him on August 23, 1978, and that pursuant to section 941.45 . . . Shewan argues that section 941.45(4)(c) sets a 120 day period within which a prisoner confined in another . . . court by requesting a “final disposition” of the information filed against him, pursuant to section 941.45 . . . The information was amended on September 7, 1978. . § 941.45, Fla.Stat. (1977). . . . Florida, rather than Shewan, initiated the trial proceedings in the state court pursuant to section 941.45 . . . There is a conflict in this case between application of the time periods established by section 941.45 . . . time runs only from the prisoner’s demand for trial, and there is no comparable provision to section 941.45 . . .

L. COX, v. STATE, 389 So. 2d 1028 (Fla. Dist. Ct. App. 1980)

. . . The Interstate Agreement on Detainers, section 941.45(3)(a), Florida Statutes (1979), provides that when . . . Section 941.45, the Interstate Agreement on Detainers, provides that the prisoner must send written notice . . .

THE FLORIDA BAR. IN RE RULES OF CRIMINAL PROCEDURE, 389 So. 2d 610 (Fla. 1980)

. . . Nothing herein-above stated shall affect a prisoner’s right to speedy trial under section 941.45-941.50 . . . As an alternative, certain prisoners may claim the benefit of sections 941.45-941.50, Florida Statutes . . .

PINNOCK, v. STATE, 384 So. 2d 738 (Fla. Dist. Ct. App. 1980)

. . . information pursuant to the interstate agreement on detainers (re: speedy trial) defined in section 941.45 . . . The Interstate Agreement on Detainers, to which Florida became a party by its enactment of section 941.45 . . . Appellee contends that section 941.45 conflicts with Rule 3.191, Florida Rules of Criminal Procedure, . . . Section 941.45(3)(a) is analogous to the provisions of Rule 3.191(b)(3) insofar as they both cover instances . . . J., and SHARP, J., concur. . § 941.45, Fla.Stat. (1979). . . .

JONES, v. STATE, 386 So. 2d 804 (Fla. Dist. Ct. App. 1980)

. . . dealing with a provision of the Interstate Agreement on Detainers Act comparable to Florida’s Section 941.45 . . . Section 941.45(5)(d), Florida Statutes (1979), provides in part: “The temporary custody referred to in . . .

GADDY, Jr. v. L. TURNER L., 376 So. 2d 1225 (Fla. Dist. Ct. App. 1979)

. . . Does the Interstate Agreement on De-tainers Act, Section 941.45, Florida Statutes (1977), apply to a . . . disposition of the probation violation charge pursuant to the Interstate Agreement on Detainers Act. § 941.45 . . . Id. § 941.45(3)(a). . . . Id. § 941.45(3)(d). . . . Section 941.45(3)(a) provides: Whenever a person has entered upon a term of imprisonment in a penal or . . .

R. STONE, v. STATE, 378 So. 2d 765 (Fla. 1979)

. . . was first taken into custody in Missouri under the authority of a detainer lodged pursuant to section 941.45 . . .

HURST, v. R. HOGAN,, 435 F. Supp. 125 (N.D. Ga. 1977)

. . . . §§ 941.45 to 941.50. . . .

GRAYSON, v. L. WAINWRIGHT,, 330 So. 2d 461 (Fla. 1976)

. . . . §§ 941.45(5) (f) and 941.45(8) (1975). . . . . . §§ 941.45-50 (1975). . . .