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In accordance with State v. Akers, 367 So. 2d 700 - Fla: Dist. Court of Appeals, 2nd Dist. 1979
person in custody - be they a convicted individual or an individual charged but not yet convicted - can be charged with this:
"...we conclude that the legislature intended that any person under arrest and in the lawful custody
of a law enforcement official who escapes while being transported to or from a place of confinement shall be guilty of a felony..."
Ergo, this applies to someone also just arrested.
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