RULE 3.121. ARREST WARRANT

(a) Issuance. An arrest warrant, when issued, shall:

(1) be in writing and in the name of the State of Florida;

(2) set forth substantially the nature of the offense;

(3) command that the person against whom the
complaint was made be arrested and brought before a judge;

(4) specify the name of the person to be arrested or, if
the name is unknown to the judge, designate the person by any
name or description by which the person can be identified with
reasonable certainty, and include a photograph if reasonably
available;

(5) state the date when issued and the county where
issued;

(6) be signed by the judge with the title of the office; or,
may be electronically signed by the judge if the arrest warrant bears
the affiant’s signature, or electronic signature, is supported by an
oath or affirmation administered by the judge, or other person
authorized by law to administer oaths, and, if submitted
electronically, is submitted by reliable electronic means; and

(7) for offenses where a right to bail exists, set the
amount of bail or other conditions of release, and the return date.

(b) Amendment. No arrest warrant shall be dismissed nor
shall any person in custody be discharged because of any defect as
to form in the warrant; but the warrant may be amended by the
judge to remedy such defect.

Committee Notes

1968 Adoption. (a) This is substantially the same as section
901.02, Florida Statutes, except that the rule requires a written
complaint. Also, the rule does not incorporate that seldom used
part of the statute that permits the magistrate to issue an arrest
warrant upon affidavits made before the prosecuting attorney.

(b) This is the same as section 901.03, Florida Statutes.

(c) This is the same as section 901.05, Florida Statutes,
except for modernizing the language.

1972 Amendment. (a) of former rule has been deleted, as its
substance is now contained in rules 3.120 and 3.130; (b) has been
renumbered as (a); (c) has been renumbered as (b).