Fla. Stat. § 901.02
Issuance of arrest warrants
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2013
As of January 1, 2011
(1) A warrant may be issued for the arrest of the person complained against if the trial court judge, from the examination of the complainant and other witnesses, reasonably believes that the person complained against has committed an offense within the trial court judge’s jurisdiction. A warrant is issued at the time it is signed by the trial court judge.
(1) A judge, upon examination of the complaint and proofs submitted, if satisfied that probable cause exists for the issuance of an arrest warrant for any crime committed within the judge’s jurisdiction, shall thereupon issue an arrest warrant signed by the judge with the judge’s name of office.
(2) The court may issue a warrant for the defendant’s arrest when all of the following circumstances apply: (a) A complaint has been filed charging the commission of a misdemeanor only; (b) The summons issued to the defendant has been returned unserved; and (c) The conditions of subsection (1) are met.
(2) The court may issue a warrant for the defendant’s arrest when all of the following circumstances apply: (a) A complaint has been filed charging the commission of a misdemeanor only. (b) The summons issued to the defendant has been returned unserved. (c) The conditions of subsection (1) are met.
(3) A judge may electronically sign an arrest warrant if the requirements of subsection (1) or subsection (2) are met and the judge, based on an examination of the complaint and proofs submitted, determines that the complaint:
(a) Bears the affiant’s signature, or electronic signature if the complaint was submitted electronically.
(b) Is supported by an oath or affirmation administered by the judge or other person authorized by law to administer oaths.
(c) If submitted electronically, is submitted by reliable electronic means.
(4) An arrest warrant shall be deemed to be issued by a judge at the time the judge affixes the judge’s signature or electronic signature to the warrant. As used in this section, the term “electronic signature” has the same meaning as provided in s. 933.40.
Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.