RULE 3.120. COMMITTING JUDGE

Each state and county judge is a committing judge and may
issue a summons to, or a warrant for the arrest of, a person against
whom a complaint is made in writing and sworn to before a person
authorized to administer oaths, when the complaint states facts
that show that such person violated a criminal law of this state
within the jurisdiction of the judge to whom the complaint is
presented. The judge may take testimony under oath to determine if
there is reasonable ground to believe the complaint is true. The
judge may commit the offender to jail, may order the defendant to
appear before the proper court to answer the charge in the
complaint, or may discharge the defendant from custody or from
any undertaking to appear. The judge may authorize the clerk to
issue a summons.

Committee Notes

1968 Adoption. This is substantially the same as part of
section 901.01, Florida Statutes. (The remaining part should be
retained as a statute.) It differs from the statute by requiring the
complaint to be in writing and by identifying the initiating
instrument as a “complaint,” thus adopting the federal terminology
which is more meaningful and modern. Some doubt was expressed
as to whether the terms of the statute incorporated in the rule are
within the rulemaking power of the Supreme Court.

1972 Amendment. Substantially same as former rule. Altered
to incorporate the provision for testimony under oath formerly
contained in rule 3.121(a), and authorize the execution of the
affidavit before a notary or other person authorized to administer
oaths.