The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . .” § 941.45(Art, III)(c), Fla. Stat. (2004). . . .
. . . . § 941.45, Fla. Stat. (2012). . . .
. . . 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). . . .
. . . 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. . . .
. . . warrant is not an ‘untried indictment, information or complaint’ so as to trigger compliance with section 941.45 . . .
. . . 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 . . .
. . . 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. . . .
. . . 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 . . .
. . . prohibition, contending that his right to a speedy trial under the Interstate Agreement on Detainers, section 941.45 . . .
. . . Candelaria did not comply substantially with the requirements of section 941.45, Florida Statutes (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 . . .
. . . As an alternative, certain prisoners may claim the benefit of sections 941.45-941.50, Florida Statutes . . .
. . . is without prejudice to Solorio’s seeking any relief to which he may be entitled pursuant to section 941.45 . . .
. . . See § 941.45, Fla. Stat. (1993); 18 U.S.CApp. 2, § 1 et seq. Id. at 741-42 (footnotes omitted). . . .
. . . 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 . . .
. . . attorney was ineffective because he did not seek to enforce the Interstate Agreement on Detainers, section 941.45 . . .
. . . 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 . . .
. . . Guerrero filing a request for final disposition pursuant to section 941.45, article III, Florida Statutes . . .
. . . 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 . . .
. . . 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 . . .
. . . 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). . . .
. . . . § 941.45, is an issue of first impression in this circuit and therefore warrants discussion. . . . See Fla.Stat. § 941.45(e). . . .
. . . . § 941.45, Fla.Stat. (1991). . . .
. . . See § 941.45, Fla.Stat. (1993); 18 U.S.C.App. 2, § 1 et seq. . . .
. . . they obtained custody of appellant, apparently pursuant to the Interstate Agreement on Detainers (§§ 941.45 . . .
. . . See § 941.45, Fla.Stat. (1993); § 24-60-501, Colo.Rev.Stat. (1990). . . . See § 941.45, art. V(c), Fla.Stat. (1993). . . .
. . . . —, —, 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 . . .
. . . . § 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 . . .
. . . 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. . . .
. . . . § 941.45 (West Ann.1985 & Supp. 1983). . . .
. . . As an alternative, certain prisoners may claim the benefit of sections 941.45-941.50, Florida Statutes . . .
. . . custody of appellant under the Interstate Agreement on Detainers (IAD) Chapter 941, Part 2, sections 941.45 . . .
. . . Nothing hereinabove stated shall affect a prisoner’s right to speedy trial under section 941.45-941.50 . . .
. . . warrant is not an “untried indictment, information or complaint” so as to trigger compliance with section 941.45 . . .
. . . defendant moved for extradition to Florida pursuant to the Florida Interstate Agreement on Detainers Act, § 941.45 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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). . . .
. . . 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 . . .
. . . 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( . . .
. . . 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 . . .
. . . . §§ 941.45-941.50 and 42 Pa.Cons.Stat. Ann. § 9101. . . .
. . . 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 . . .
. . . 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). . . .
. . . demand for speedy trial pursuant to Florida Rule of Criminal Procedure 3.191, as authorized by section 941.45 . . .
. . . 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 . . .
. . . Amendment, such prisoners still have the benefit of the Interstate Agreement on Detainers, sections 941.45 . . .
. . . 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 . . .
. . . Sec. 941.45(4)(c) provides: (c) In respect of any proceeding made possible by this subsection, trial . . .
. . . 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 . . .
. . . 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 . . .
. . . Nothing hereinabove stated shall affect a prisoner’s right to speedy trial under section 941.45-941.50 . . .
. . . 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 . . .
. . . 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 . . .
. . . . §§ 941.45— 941.50, inclusive: T.C.A. §§ 40-3901 — 40-3908, inclusive. . . .
. . . 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. . . .
. . . 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 . . .
. . . 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 . . .
. . . On November 6, 1981, appellant, pursuant to section 941.45, Florida Statutes (1981), submitted to the . . .
. . . 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 . . .
. . . 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. . . .
. . . 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 . . .
. . . 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 . . .
. . . 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). . . .
. . . 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. . . .
. . . 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. . . .
. . . 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. . . .
. . . 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 . . .
. . . 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 . . .
. . . 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. . . .
. . . 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): “ . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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). . . .
. . . 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 . . .
. . . 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 . . .
. . . was first taken into custody in Missouri under the authority of a detainer lodged pursuant to section 941.45 . . .
. . . . §§ 941.45 to 941.50. . . .
. . . . §§ 941.45(5) (f) and 941.45(8) (1975). . . . . . §§ 941.45-50 (1975). . . .