THE BILL ITSELF
HB 749
Criminal Warrants
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A bill to be entitled
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An act relating to criminal warrants; amending s.
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901.02, F.S.; revising conditions under which a judge
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may issue an arrest warrant for a misdemeanor offense;
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authorizing a judge to issue a summons or notice to
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appear in lieu of arrest in certain circumstances;
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amending s. 901.09, F.S.; authorizing a judge to issue
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a summons instead of a warrant in certain
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circumstances; amending s. 901.15, F.S.; providing
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that a law enforcement officer may arrest a person
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without a warrant when there is probable cause to
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believe such person has committed certain criminal
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acts or offenses; amending s. 933.02, F.S.;
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authorizing the issuance of a search warrant on
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certain grounds; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (2) of section 901.02, Florida
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Statutes, is amended, and subsection (1) of that section is
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republished, to read:
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901.02 Issuance of arrest warrants.—
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(1) A judge, upon examination of the complaint and proofs
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submitted, if satisfied that probable cause exists for the
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issuance of an arrest warrant for any crime committed within the
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judge's jurisdiction, shall thereupon issue an arrest warrant
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signed by the judge with the judge's name of office.
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(2) If a complaint alleges the commission of a misdemeanor
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only, a judge may The court may issue a warrant for the
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defendant's arrest when all of the following circumstances
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apply:
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(a) Issue an arrest warrant in accordance with subsection
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(1); or A complaint has been filed charging the commission of a
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misdemeanor only.
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(b) In his or her discretion, issue a The summons pursuant
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to s. 901.09(2) or a notice to appear in lieu of an arrest
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warrant if she or he reasonably believes that the person against
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whom the complaint was made will appear upon the summons or
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notice to appear and does not believe that special conditions of
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pretrial release are necessary to protect the victim or the
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community issued to the defendant has been returned unserved.
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(c) The conditions of subsection (1) are met.
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Section 2. Subsection (2) of section 901.09, Florida
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Statutes, is amended to read:
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901.09 When summons shall be issued.—
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(2) When the complaint is for a misdemeanor that the trial
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court judge is not empowered to try summarily, the trial court
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judge may shall issue a summons instead of a warrant if she or
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he reasonably believes that the person against whom the
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complaint was made will appear upon a summons and does not
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believe that special conditions of pretrial release are
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necessary to protect the victim or the community.
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Section 3. Subsection (6) of section 901.15, Florida
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Statutes, is amended, and new paragraphs (h) and (i) are added to subsection (9) of that section, to read:
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901.15 When arrest by officer without warrant is lawful.—A
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law enforcement officer may arrest a person without a warrant
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when:
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(6) There is probable cause to believe that the person has
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committed a criminal act according to s. 790.233 or according to
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s. 741.31, s. 784.047, s. 784.0487, or s. 825.1036 which
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violates an injunction for protection entered pursuant to s.
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741.30, s. 784.046, s. 784.0485, or s. 825.1035 or a foreign
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protection order accorded full faith and credit pursuant to s.
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741.315, over the objection of the petitioner, if necessary.
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(9) There is probable cause to believe that the person has
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committed:
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(h) Driving under the influence in violation of s.
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316.193.
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(i) Boating under the influence in violation of s. 327.35.
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Section 4. Subsections (6), (7), and (8) are added to
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section 933.02, Florida Statutes, to read:
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933.02 Grounds for issuance of search warrant.—Upon proper
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affidavits being made, a search warrant may be issued under the
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provisions of this chapter upon any of the following grounds:
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(6) When a sample of the blood of a person or any property
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constitutes evidence relevant to proving that a violation of s.
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316.193 or s. 327.35 has been committed.
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(7) When the laws in relation to domestic violence, as
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defined in s. 741.28(2), have been or are violated in any
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particular building or place.
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(8) When the laws in relation to any misdemeanor offense
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which involves the use or threat of physical force or violence
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against any individual have been or are violated in any
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particular building or place.
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This section also applies to any papers or documents used as a
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means of or in aid of the commission of any offense against the
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laws of the state.
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This act shall take effect October 1, 2026. Section 5.