Florida Statute 901.2 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 901
ARRESTS AND TEMPORARY DETENTIONS

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F.S. 901.02

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) A complaint has been filed charging the commission of a misdemeanor only.

(b) The summons issued to the defendant has been returned unserved.

(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:

(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.

(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.

History.—s. 2, ch. 19554, 1939; CGL 1940 Supp. 8663(2); s. 5, ch. 70-339; s. 1452, ch. 97-102; s. 1, ch. 99-169; s. 19, ch. 2004-11; s. 1, ch. 2013-247.

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Amendments to 901.02

Annotations, Discussions, Cases:

Cases Citing Statute 901.02

Total Results: 39

Hillcrest Property, LLP v. Pasco County

915 F.3d 1292

Court of Appeals for the Eleventh Circuit | Filed: Feb 13, 2019 | Docket: 14550643

Cited 30 times | Published

Pasco County, Fla., Land Development Code ch. 900, § 901.2(A)(2). The County found that "provision of an adequate

State Ex Rel. Wilson v. Quigg

17 So. 2d 697, 154 Fla. 348, 1944 Fla. LEXIS 702

Supreme Court of Florida | Filed: Apr 18, 1944 | Docket: 3263916

Cited 23 times | Published

Section 34, Article V of the Constitution. Section 901.02 deals with "when warrant of arrest to be issued;"

State v. Boyd

717 So. 2d 524, 1998 WL 540014

Supreme Court of Florida | Filed: Aug 27, 1998 | Docket: 1681516

Cited 16 times | Published

ANSTEAD and PARIENTE, JJ., concur. NOTES [1] Section 901.02, Florida Statutes (1991), provides: A warrant

Crain v. State

914 So. 2d 1015, 2005 WL 3076606

District Court of Appeal of Florida | Filed: Nov 18, 2005 | Docket: 1781519

Cited 14 times | Published

Fla. Stat. (2003) (emphasis added). Because section 901.02, Florida Statutes, specifically governs the

Morgan v. State

757 So. 2d 618, 2000 WL 627658

District Court of Appeal of Florida | Filed: May 17, 2000 | Docket: 1331420

Cited 12 times | Published

the definition of when a warrant issues. Under § 901.02(1), Florida Statutes (1999), which is prospective

Mobley v. State

197 So. 3d 572, 2016 Fla. App. LEXIS 5606, 2016 WL 1445595

District Court of Appeal of Florida | Filed: Apr 13, 2016 | Docket: 60256264

Cited 9 times | Published

determine whether they were issued under section 901.02. Section 901.02 requires that a judge be “satisfied

Rodriguez v. State

29 So. 3d 310, 2009 Fla. App. LEXIS 11580, 2009 WL 2514168

District Court of Appeal of Florida | Filed: Aug 19, 2009 | Docket: 1134209

Cited 9 times | Published

an arrest warrant for a subsequent arrest. See § 901.02(2). Nothing in our case law limits investigatory

Slingbaum v. State

751 So. 2d 89, 1999 WL 1260142

District Court of Appeal of Florida | Filed: Dec 29, 1999 | Docket: 1310086

Cited 9 times | Published

now "issued" when it is signed by the judge. See § 901.02(1), Fla. Stat. (1999). The change, however, is

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

Adoption. (a) This is substantially the same as section 901.02, Florida Statutes, except that the rule requires

Bartlett v. State

993 So. 2d 157, 2008 WL 4722492

District Court of Appeal of Florida | Filed: Oct 29, 2008 | Docket: 1516286

Cited 8 times | Published

has been committed. See Amend. IV, U.S. Const.; § 901.02, Fla. Stat. (2006); Fla. R.Crim. P. 3.120; Johnson

Sepulveda v. State

909 So. 2d 568, 2005 WL 2105219

District Court of Appeal of Florida | Filed: Sep 2, 2005 | Docket: 1663221

Cited 8 times | Published

So.2d 1136, 1139 (Fla. 4th DCA 2005). Under section 901.02(1), the warrant is issued when the judge signs

Aponte v. State

896 So. 2d 836, 2005 WL 414840

District Court of Appeal of Florida | Filed: Feb 23, 2005 | Docket: 1282925

Cited 6 times | Published

that led to the sentences under review issue. See § 901.02(1), Fla. Stat. (2002) ("A warrant is issued at

Howard v. State

883 So. 2d 879, 2004 WL 2173670

District Court of Appeal of Florida | Filed: Sep 29, 2004 | Docket: 1718099

Cited 6 times | Published

"at the time it is signed by the magistrate." § 901.02(1), Fla. Stat. (2002). The transcript of the April

Williams v. State

202 So. 3d 917, 2016 Fla. App. LEXIS 15184

District Court of Appeal of Florida | Filed: Oct 13, 2016 | Docket: 60257311

Cited 5 times | Published

determine whether they were issued under section 901.02. Section 901.02 requires that a judge be “satisfied

Amend. to Rules of App. Proc., Civ. Proc.

887 So. 2d 1090, 2004 WL 2201732

Supreme Court of Florida | Filed: Sep 30, 2004 | Docket: 1515169

Cited 5 times | Published

Adoption. (a) This is substantially the same as section 901.02, Florida Statutes, except that the rule requires

Burns v. GCC Beverages, Inc.

469 So. 2d 806, 10 Fla. L. Weekly 954

District Court of Appeal of Florida | Filed: Apr 11, 1985 | Docket: 413153

Cited 5 times | Published

against has committed the offense, as required by Section 901.02, Florida Statutes, the aggrieved person should

Hillcrest Property, LLC v. Pasco County

754 F.3d 1279, 2014 WL 2748192, 2014 U.S. App. LEXIS 11409

Court of Appeals for the Eleventh Circuit | Filed: Jun 18, 2014 | Docket: 351990

Cited 4 times | Published

County. (ER 125; Pasco County Land Development Code § 901.2(H).) The Ordinance also contains a provision allowing

McNeal v. State

741 So. 2d 1205, 1999 WL 777633

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 226759

Cited 2 times | Published

effective July 1, 1999. Chapter 99-169 amends section 901.02(1), Florida Statutes (1997), to add the sentence

FLA. MIN. & MATERIALS CORP. v. City of Port Orange

518 So. 2d 311, 1987 WL 2036

District Court of Appeal of Florida | Filed: Dec 3, 1987 | Docket: 1777903

Cited 2 times | Published

1983); rev. denied, 450 So.2d 486 (Fla. 1984). [3] § 901.02 REVIEW CRITERIA AND REQUIREMENTS: When reviewing

FLA. MIN. & MATERIALS CORP. v. City of Port Orange

518 So. 2d 311, 1987 WL 2036

District Court of Appeal of Florida | Filed: Dec 3, 1987 | Docket: 1777903

Cited 2 times | Published

1983); rev. denied, 450 So.2d 486 (Fla. 1984). [3] § 901.02 REVIEW CRITERIA AND REQUIREMENTS: When reviewing

Hodges v. State

262 So. 3d 842

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64702066

Cited 1 times | Published

948.06(1)(f) is clear that a warrant under section 901.02 is required in order for the probationary period

State of Florida v. Flem Williams

260 So. 3d 472

District Court of Appeal of Florida | Filed: Dec 5, 2018 | Docket: 8346648

Cited 1 times | Published

from Mobley because it improperly interpreted section 901.02, Florida Statutes, as it is cited in section

Hennig v. William G. Prummel, Jr., Sheriff of Charlotte County

198 So. 3d 17, 2015 Fla. App. LEXIS 11191, 2015 WL 4497724

District Court of Appeal of Florida | Filed: Jul 24, 2015 | Docket: 2679090

Cited 1 times | Published

warrant is issued when it is signed by a judge. § 901.02(4), Fla. Stat. (2014); see also Morgan

In re Amendments to the Florida Rules of Criminal Procedure

132 So. 3d 123, 38 Fla. L. Weekly Supp. 890, 2013 WL 6500885, 2013 Fla. LEXIS 2685

Supreme Court of Florida | Filed: Dec 12, 2013 | Docket: 60238356

Cited 1 times | Published

See ch.2013-247, § 1, Laws of Fla. (amending section 901.02, Fla. Stat. (2012), to authorize a judge to

Franklin v. State

54 So. 3d 622, 2011 Fla. App. LEXIS 2214, 36 Fla. L. Weekly Fed. D 397

District Court of Appeal of Florida | Filed: Feb 22, 2011 | Docket: 60298355

Cited 1 times | Published

warrant issues “when signed by the magistrate.” § 901.02(1), Fla. Stat. (2002). Pursuant to section 948

Pennsylvania Blue Shield v. Wolfe

575 So. 2d 1361, 1991 Fla. App. LEXIS 2101, 1991 WL 31819

District Court of Appeal of Florida | Filed: Mar 12, 1991 | Docket: 64657059

Cited 1 times | Published

opposing party may challenge its genuineness.”); id. § 901.2, at 572 ("Records of a regularly conducted business

Curtis Wayne Hodges v. State of Florida

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 8455146

Published

948.06(1)(f) is clear that a warrant under section 901.02 is required in order for the probationary

Hodges v. State

262 So. 3d 842

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64702067

Published

948.06(1)(f) is clear that a warrant under section 901.02 is required in order for the probationary period

State of Florida v. Flem Williams

District Court of Appeal of Florida | Filed: Oct 15, 2018 | Docket: 8030096

Published

from Mobley because it improperly interpreted section 901.02, Florida Statutes, as it is cited in section

JOEL CANCHOLA v. STATE OF FLORIDA

255 So. 3d 442

District Court of Appeal of Florida | Filed: Sep 7, 2018 | Docket: 7821267

Published

set forth in section 901.02, whereas the 2018 version omits the reference to section 901.02. Compare §

STATE OF FLORIDA v. DESTINEY LEE BEERY

244 So. 3d 339

District Court of Appeal of Florida | Filed: Mar 14, 2018 | Docket: 6333477

Published

an arrest warrant must first be issued under section 901.02, Florida Statutes. Because that had not happened

Milton Mobley v. State of Florida

District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 3071390

Published

CRIME BE CONSIDERED A WARRANT ISSUED UNDER SECTION 901.02 OF THE FLORIDA STATUTES FOR THE PURPOSE

Mobley v. State

192 So. 3d 622, 2016 WL 3011684, 2016 Fla. App. LEXIS 7968

District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 60255372

Published

CRIME BE CONSIDERED A WARRANT ISSUED UNDER SECTION 901.02 OF THE FLORIDA STATUTES FOR THE PURPOSE OF

Hillcrest Property, LLP v. Pasco County

939 F. Supp. 2d 1240, 2013 U.S. Dist. LEXIS 53325, 2013 WL 1502627

District Court, M.D. Florida | Filed: Apr 12, 2013 | Docket: 65990606

Published

acceptable to the County.” Code § 319.8(A); Code § 901.2(H). If the property owner declines the dedication

Roshkind v. Roshkind

717 So. 2d 524

District Court of Appeal of Florida | Filed: Aug 27, 1998 | Docket: 64782784

Published

KOGAN, ANSTEAD and PARIENTE, JJ., concur. . Section 901.02, Florida Statutes (1991), provides: A warrant

Murphy v. State

627 So. 2d 51, 1993 Fla. App. LEXIS 11552, 1993 WL 469334

District Court of Appeal of Florida | Filed: Nov 16, 1993 | Docket: 64744250

Published

was otherwise legally defective as to form, see § 901.02, Fla.Stat. (1991); Fla.R.Crim.P. 3.121(a), or

Butler v. City of Vero Beach

495 So. 2d 266, 11 Fla. L. Weekly 2081, 1986 Fla. App. LEXIS 9910

District Court of Appeal of Florida | Filed: Oct 1, 1986 | Docket: 64622045

Published

against has committed the offense, as required by Section 901.02, Florida Statutes, the aggrieved person should

State v. Mastropanagiotis

251 So. 2d 726, 1971 Fla. App. LEXIS 6216

District Court of Appeal of Florida | Filed: Jul 16, 1971 | Docket: 64521839

Published

quash the warrant for his arrest. Florida Statutes § 901.02, 1969, F.S.A. provides: “When warrant of arrest

Shaheen v. State

228 So. 2d 444, 1969 Fla. App. LEXIS 4970

District Court of Appeal of Florida | Filed: Nov 26, 1969 | Docket: 64512169

Published

yet to be committed. Indeed, Florida Statutes Section 901.02 (1967), F.S.A. authorizes a magistrate to issue