Fla. Stat. 901.02
Issuance of arrest warrants


(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 complaint has been filed charging the commission of a misdemeanor only.The summons issued to the defendant has been returned unserved.The conditions of subsection (1) are met.

(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:Bears the affiant’s signature, or electronic signature if the complaint was submitted electronically.Is supported by an oath or affirmation administered by the judge or other person authorized by law to administer oaths.If submitted electronically, is submitted by reliable electronic means.

(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.

Source: Section 901.02 — Issuance of arrest warrants, https://www.­flsenate.­gov/Laws/Statutes/2024/0901.­02 (accessed Aug. 7, 2025).

901.01
Judicial officers have committing authority
901.02
Issuance of arrest warrants
901.04
Direction and execution of warrant
901.07
Admission to bail when arrest occurs in another county
901.08
Issue of warrant when offense triable in another county
901.09
When summons shall be issued
901.10
How summons served
901.11
Effect of not answering summons
901.12
Summons against corporation
901.14
Effect of failure by corporation to answer summons
901.15
When arrest by officer without warrant is lawful
901.16
Method of arrest by officer by a warrant
901.17
Method of arrest by officer without warrant
901.18
Officer may summon assistance
901.19
Right of officer to break into building
901.20
Use of force to effect release of person making arrest detained in building
901.21
Search of person arrested
901.22
Arrest after escape or rescue
901.24
Right of person arrested to consult attorney
901.25
Fresh pursuit
901.26
Arrest and detention of foreign nationals
901.28
Notice to appear for misdemeanors or violations of municipal or county ordinances
901.29
Authorization to take person to medical facility
901.31
Failure to obey written promise to appear
901.35
Financial responsibility for medical expenses
901.36
Prohibition against giving false name or false identification by person arrested or lawfully detained
901.41
Prearrest diversion programs
901.43
Dissemination of arrest booking photographs
901.151
Stop and Frisk Law
901.211
Strip searches of persons arrested
901.215
Search of person arrested for identifying device indicating a medical disability
901.245
Interpreter services for deaf persons
901.252
Authority to patrol municipally owned or leased property and facilities outside municipal limits
901.1503
When notice to appear by officer without warrant is lawful
901.1505
Federal law enforcement officers

Current through Fall 2025

§ 901.02. Issuance of arrest warrants's source at flsenate​.gov