SESSION WATCH
Died HOUSE · SESSION 2026

No. HB 749

Criminal Warrants
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SPONSOR
Persons-Mulicka
FILED BY
Jenna Persons-Mulicka — District 78, Republican [search donations]
EFFECTIVE
10/1/2026
DIED IN
Criminal Justice Subcommittee

Filed under Criminal Justice.

PROVIDED SUMMARY

Criminal Warrants; Revises conditions under which judge may issue arrest warrant for misdemeanor offense; authorizes judge to issue summons or notice to appear in lieu of arrest in certain circumstances; authorizes judge to issue summons instead of warrant in certain circumstances; provides that law enforcement officer may arrest person without warrant when there is probable cause to believe such person has committed certain criminal acts or offenses; authorizes issuance of search warrant on certain grounds.

Full bill text →

Plain English Summary

AI-GENERATED
Expands warrantless arrest and search authority for DUI and domestic violence cases.

Judges may now choose summons or notices to appear instead of arrest warrants for misdemeanors, replacing a mandatory arrest requirement.

Law enforcement officers may arrest without a warrant for new categories of domestic violence injunction violations and for driving or boating under the influence.

Courts may issue search warrants for blood samples in DUI cases and for evidence of domestic violence or violent misdemeanors in specific locations.

These changes shift discretion to judges and officers, allowing them to bypass traditional arrest and search procedures in specific criminal scenarios.

KEY PROVISIONS
§ 1 Summons Condition majors. 901.09(2)

AIJudges may issue a summons instead of a warrant for non-summary misdemeanors if they believe the defendant will appear and special pretrial release conditions are unnecessary.

“may issue a summons instead of a warrant if she or he reasonably believes that the person against whom the complaint was made will appear upon a summons and does not believe that”
§ 2 Warrantless Arrest for Injunction Violations moderates. 901.15(6)

AIOfficers may arrest without a warrant for violations of new types of protection orders, including those under s. 784.0485 and s. 784.0487.

“s. 784.0487, or s. 825.1036 which violates an injunction for protection entered pursuant to s. 741.30, s. 784.046, s. 784.0485, or s. 825.1035” bill text, line 61 →
§ 3 Warrantless Arrest for DUI and BUI moderates. 901.15(9)

AIOfficers may arrest without a warrant based on probable cause for driving or boating under the influence.

“Driving under the influence in violation of s. 316.193. (i) Boating under the influence in violation of s. 327.35.” bill text, line 68 →
§ 4 Search Warrants for DUI and BUI moderates. 933.02(6)

AISearch warrants may be issued to obtain blood samples or property as evidence of DUI or BUI violations.

“When a sample of the blood of a person or any property constitutes evidence relevant to proving that a violation of s. 316.193 or s. 327.35 has been committed.” bill text, line 76 →
§ 5 Search Warrants for Domestic Violence moderates. 933.02(7)

AISearch warrants may be issued for buildings or places where domestic violence laws have been or are being violated.

“When the laws in relation to domestic violence, as defined in s. 741.28(2), have been or are violated in any particular building or place.” bill text, line 79 →
§ 6 Search Warrants for Misdemeanor Violence moderates. 933.02(8)

AISearch warrants may be issued for buildings or places where misdemeanor offenses involving physical force or violence have been or are being violated.

“When the laws in relation to any misdemeanor offense which involves the use or threat of physical force or violence against any individual have been or are violated in any” bill text, line 82 →
TIMELINE
3/13/2026
Died in Criminal Justice Subcommittee
1/13/2026
1st Reading (Original Filed Version)
1/5/2026
Now in Criminal Justice Subcommittee
1/5/2026
Referred to Judiciary Committee
1/5/2026
Referred to Criminal Justice Subcommittee
12/11/2025
Filed
STATUTES IT CHANGES
s. 901.02
+88 / −46
s. 901.09
+20 / −1
s. 901.15
+24 / −0
s. 933.02
+90 / −0