Florida/Georgia Personal Injury & Workers Compensation

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

...ws of the State.” Again, violations of municipal ordinances are not mentioned, and “the proper court” could not be a municipal court, which court can only punish offenses against municipal ordinances. Section 34, Article V of the Constitution. Section 901.02 deals with “when warrant of arrest to be issued;” Section 901.03 prescribes the form and contents of the warrant, and Section 901.04 provides that the warrant shall be directed “to all and singular the sheriffs and constables of the State of Florida,” and shall be executed by officers of the class named....

...Shelby, 97 So.2d 631, 632 (Fla. 1st DCA 1957)). The issue in this case is whether warrants must be delivered to the proper executive officer for execution in order for the revocation process to be considered "set in motion." The State argues that sections 901.02 and 901.04, Florida Statutes (1991), [1] establish that a judicial signature on a warrant is all that is required for the warrant to be issued, thereby setting the revocation process in motion....

...In this case, the record fails to demonstrate that the warrant was delivered before Boyd's probationary period had expired. Therefore, we approve the decision of the First District. It is so ordered. HARDING, C.J., and OVERTON, SHAW, KOGAN, ANSTEAD and PARIENTE, JJ., concur. NOTES [1] Section 901.02, Florida Statutes (1991), provides: A warrant may be issued for the arrest of the person complained against if the magistrate, from the examination of the complainant and other witnesses, reasonably believes that the person complained against has committed an offense within his jurisdiction....

...arrant, upon the facts being made known to him or her by affidavit of one having knowledge of such facts ... [and] ... [u]pon the filing of an affidavit alleging a violation of probation or community control and following issuance of a warrant under s. 901.02, the probationary period is tolled until the court enters a ruling on the violation." § 948.06(1), Fla. Stat. (2003) (emphasis added). Because section 901.02, Florida Statutes, specifically governs the issuance of arrest warrants, section 948.06(1) requires an affidavit to establish probable cause for the issuance of an arrest warrant for the probation violator....

...as defined in Boyd was not set in motion within that period, and the county court did not have jurisdiction over these revocation proceedings."), review denied, 744 So.2d 457 (Fla. 1999). In response to the decision in Boyd, the Legislature amended section 901.02(1), Florida Statutes, to make clear that the arrest warrant is issued when signed by the judge. See Morgan v. State, 757 So.2d 618, 620 n. 1 (Fla. 2d DCA 2000). Nevertheless, the amendment to section 901.02(1) did not change the holding in Boyd that the triggering event is issuance of the warrant, not the affidavit....

...Reversed and remanded. BLUE, A.C.J., and FULMER, J., Concur. NOTES [1] In Slingbaum v. State, 751. So.2d 89 (Fla. 2d DCA 1999), this court recognized that Boyd has been superseded by statute regarding the definition of when a warrant issues. Under § 901.02(1), Florida Statutes (1999), which is prospective in application, a warrant is issued when the judge signs it....

...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 magistrate to remedy such defect. *234 Committee Notes 1968 Adoption. (a) This is substantially the same as section 901.02, Florida Statutes, except that the rule requires a written complaint....

...At the time relevant to this case, a warrant was not considered "issued" until it had been signed by the judge and delivered to the executive officer for execution. See id. This has since been changed by the legislature so that a warrant is now "issued" when it is signed by the judge. See § 901.02(1), Fla....

...Rodriguez had cooperated with the investigation, she would not have been arrested for trespassing at *314 that time. [6] Nevertheless, the State could still have acted upon the investigation to charge her with a misdemeanor and could have obtained an arrest warrant for a subsequent arrest. See § 901.02(2)....

...d in Shenfeld is applicable to this case. A probationer’s probation period is tolled when certain criteria are met. “Upon the filing of an affidavit alleging a violation of probation or community control and following issuance of a warrant under s. 901.02, a warrantless arrest under this section, or a notice to appear under this section, the probationary period is tolled until the court enters a ruling on the violation.” § 948.06(l)(f), Fla....

...g of an affidavit of violation and the issuance of an arrest warrant are required to toll the probationary period.” Sepulveda v. State, 909 So.2d 568, 570 (Fla. 2d DCA 2005). The statute is very specific on the warrant required: “a warrant under s.901.02.” § 948.06(l)(f) (emphasis added). The warrants issued on August 9 in this case do not reference the statute under which they were based. We therefore must determine whether they were issued under section 901.02. Section 901.02 requires that a judge be “satisfied that probable cause exists for the issuance of an arrest warrant for any crime committed .... ” § 901.02 (emphasis added)....

...the affidavit (failure to make various payments) were “crimes.” Instead, the State argues that Appellant’s original offenses which led him to be placed on probation in the first place constituted the crimes necessary to bring the warrant under section 901.02....

...The warrants clearly list Appellant’s previous crimes only in a descriptive manner, and order that the Sheriffs of Florida arrest Appellant only for the alleged failure-to-pay violations. Those violations, as already noted, were not “crimes.” Section 948.06(l)(f) is clear that a warrant under section 901.02 is required in order for the probationary period to be tolled (except when one of the other two alternatives are applicable, as is not the case here). Section 901.02 in turn requires that the warrant be for a “crime.” Here, the warrants issued were for violations of probation based on the failure to make restitution payments and a payment for drug testing. These are not “crimes.” The warrants were therefore not issued under section 901.02, and Appellant’s probation was never tolled....

...jurisdiction of a term of probation that expires during the course of a probation revocation proceeding, stating that "[u]pon the filing of an affidavit alleging a violation of probation or community control and following issuance of a warrant under s. 901.02, the probationary period is tolled until the court enters a ruling on the violation." (Emphasis added.) Both the filing of an affidavit of violation and the issuance of an arrest warrant are required to toll the probationary period, and the mere filing of the affidavit is insufficient. Shropshire v. State, 775 So.2d 349, 350 (Fla. 2d DCA 2000); Baroulette v. McCray, 904 So.2d 575, 576 (Fla. 3d DCA 2005); Stambaugh v. State, 891 So.2d 1136, 1139 (Fla. 4th DCA 2005). Under section 901.02(1), the warrant is issued when the judge signs it....

...Appellant notes that this subsection of the statute is not a substantive change in how the police investigate a case. Before any police officer can sign a criminal complaint, the officer must have probable cause to believe a crime has been committed. See Amend. IV, U.S. Const.; § 901.02, Fla....

...[1] The filing of the affidavit and issuance of the warrant toll the probationary period "until the court enters a ruling on the violation." § 948.06(1), Fla. Stat. (2002). A violation of probation warrant issues "at the time it is signed by the magistrate." § 901.02(1), Fla....

...5th DCA 2002) ("When a defendant is sentenced to a term in prison followed by probation, the combined times must not exceed the statutory maximum."). Only thereafter, on July 15, 2003, did the probation revocation arrest warrant that led to the sentences under review issue. See § 901.02(1), Fla....

...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 magistratejudge 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....

...Mobley, 197 So.3d at 574 . We reasoned: *920 A probationer’s probation period is tolled when certain criteria are met, “Upon the filing of an affidavit alleging a violation of probation or community control and following issuance of a warrant under s. 901.02, a warrantless arrest under this section, or a notice to appear under this section, the probationary period is tolled until the court enters a ruling on the violation.” § 948.06(1)(f), Fla....

...g of an affidavit of violation and the issuance of an arrest warrant are required to toll the probationary period.” Sepulveda v. State, 909 So.2d 568, 570 (Fla. 2d DCA 2005). The statute is very specific on the warrant required: “a warrant under s. 901.02.” § 948.06(1)(f) (emphasis added). The warrants issued ... in this case do not reference the statute under which they were based. We therefore must determine whether they were issued under section 901.02. Section 901.02 requires that a judge be “satisfied that probable cause exists for the issuance of an arrest warrant for any crime committed .... ” § 901.02 (emphasis added)....

...The warrants clearly list [the defendant’s] previous crimes only in a descriptive manner, and order that the Sheriffs of Florida arrest [the defendant] only for the alleged failure-to-pay violations. Those violations, as already noted, were not “crimes.” Section 948.06(1)© is clear that a warrant under section 901.02 is required in order for the probationary period to be tolled (except when one of the other two alternatives are applicable, as is not the case here). Section 901.02 in turn requires that the warrant be for a “crime.” Here, the warrants issued were for violations of probation based on the faitee to make restitution payments and a payment for drug testing. These are not “crimes.” The warrants were therefore not issued under section 901.02, and [the defendant’s] probation was never tolled....

...vitality. If a magistrate permits an arrest warrant to issue, without examination of the complainant or other witnesses, and fails to satisfy himself to a reasonable belief that the person complained against has committed the offense, as required by Section 901.02, Florida Statutes, the aggrieved person should not in my judgment be barred from establishing such facts in a later civil action for malicious prosecution....

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

...warrant and the warrant has been delivered to the proper executive officer for execution" (emphasis added). In the 1999 legislative session, however, chapter 99-169, Laws of Florida, was passed to become effective July 1, 1999. Chapter 99-169 amends section 901.02(1), Florida Statutes (1997), to add the sentence, "A warrant is issued at the time it is signed by the magistrate." Although the language of the amendment itself does not indicate whether the chapter law is to be applied retroactively, the staff analysis expressly states that the amendment will affect future cases only: The first amendment [to section 901.02] changes this result in future cases by providing that the revocation process begins when a warrant is signed by a judge....

...Del Marco, 426 So.2d 1029 (Fla. 5th DCA 1983); The Florida Companies v. Orange County, Florida, 411 So.2d 1008 (Fla. 5th DCA 1982). [2] Combs v. State, 436 So.2d 93, 96 (Fla. 1983); Henshaw v. Kelly, 440 So.2d 2 (Fla. 5th DCA 1983); rev. denied, 450 So.2d 486 (Fla. 1984). [3] § 901.02 REVIEW CRITERIA AND REQUIREMENTS: When reviewing an application for special exception, the Planning Commission and City Council shall consider the following requirements and criteria: 1....

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

...Id. This court held that although the trial court described its disposition as reinstating Mr. Daniels' probation, the record conclusively showed that the circuit court 1 The statutes have been revised, and now a warrant is issued when it is signed by a judge. § 901.02(4), Fla....

...Franklin’s probationary period indeed was tolled, but not strictly because he absconded from supervision. Rather, under section 948.06(1), Florida Statutes (2002), “[u]pon the filing of an affidavit alleging a violation of probation or community control and following issuance of a warrant under s. 901.02, the probationary period is tolled until the court enters a ruling on the violation.” A warrant issues “when signed by the magistrate.” § 901.02(1), Fla....

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

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

...proposed amendments. 1 The amendment to rule 3.121 (Arrest Warrant) adds language to subdivision (a)(6) recognizing that if certain conditions are met, a judge may electronically sign an arrest warrant. See ch.2013-247, § 1, Laws of Fla. (amending section 901.02, Fla....

...First, the legislature has set forth three situations where a probationary term may be tolled until the trial court enters a ruling on the violation. See § 948.06(1)(f). All three situations require the filing of a VOP affidavit. That VOP affidavit is followed by (1) the "issuance of a warrant under s.901.02," (2) "a warrantless arrest under [section 948.06]," or (3) "a notice to appear under this section." See § 948.06(1)(f).2 Next, our common law recognizes that a probationer's absconsion from supervision during his probatio...

...nary term have not changed. Ch. 2017-115, § 9, at 8, Laws of Fla. Instead, only the arrest warrant requirement has changed. That is, under the 2015 version of the statute, a warrant must have been issued under a probable cause standard set forth in section 901.02, whereas the 2018 version omits the reference to section 901.02....

...4th DCA 2016), a warrant cannot toll probation for technical violations. At a hearing on this motion, the State conceded that Mobley required that the affidavit be dismissed, but urged the trial court to “recede” from Mobley because it improperly interpreted section 901.02, Florida Statutes, as it is cited in section 948.06(1), Florida Statutes....

...Chief Judge Ervin concurred in the majority result but said: If a magistrate permits an arrest warrant to issue, without examination of the complainant or other witnesses, and fails to satisfy himself to a reasonable belief that the person complained against has committed the offense, as required by Section 901.02, Florida Statutes, the aggrieved person should not in my judgment be barred from establishing such facts in a later civil action for malicious prosecution....

...ed the night before to sell the marijuana and elaborate plans had been made by the officers to arrest him did not make it necessary for them to obtain a warrant to make an arrest for an offense which was yet to be committed. Indeed, Florida Statutes Section 901.02 (1967), F.S.A....

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

...Public Importance and certify the following question to the Florida Supreme Court: IN A SITUATION WHERE THERE IS NO WARRANTLESS ARREST OR NOTICE TO APPEAR, CAN A WARRANT THAT DOES NOT ALLEGE A PROBATIONER COMMITTED A NEW CRIME BE CONSIDERED A WARRANT ISSUED UNDER SECTION 901.02 OF THE FLORIDA STATUTES FOR THE PURPOSE OF TOLLING A PROBATIONARY PERIOD PURSUANT TO SECTION 948.06(1)(f)? STEVENSON, GROSS and FORST, JJ., concur. * * * 

...nce and certify the following question to the Florida Supreme Court: IN A SITUATION WHERE THERE IS NO WARRANTLESS ARREST OR NOTICE TO APPEAR, CAN A WARRANT THAT DOES NOT ALLEGE A PROBATIONER COMMITTED A NEW CRIME BE CONSIDERED A WARRANT ISSUED UNDER SECTION 901.02 OF THE FLORIDA STATUTES FOR THE PURPOSE OF TOLLING A PROBATIONARY PERIOD PURSUANT TO SECTION 948.06(1)(f)? STEVENSON, GROSS and FORST, JJ., concur.

...The trial court agreed with Ms. Beery. We reverse. Section 948.06(1)(f), Florida Statutes (2012), provides, as relevant here, that "[u]pon the filing of an affidavit alleging a violation of probation . . . and following issuance of a warrant under s. 901.02, a warrantless arrest under this section, or a notice to appear under this section, the probationary period is tolled until the court enters a ruling on the violation." The trial court held that for a period of probation to be tolled under this language, an arrest warrant must first be issued under section 901.02, Florida Statutes....

...decision in Mobley v. State, 197 So. 3d 572, 573-74 (Fla. 4th DCA 2016), review denied, No. SC16-936, 2016 WL 3149708 (Fla. Jun. 6, 2016).1 In Mobley, the Fourth District held that the text of "[s]ection 948.06(1)(f) is clear that a warrant under section 901.02 is required in order for the probationary period to be tolled," except in the case of a warrantless arrest or a notice to appear under the statute....

...On September 4, 1970, Mastropanagiotis sought to have the warrant for his arrest quashed upon the grounds that it had- been issued without probable cause. On September 8, 1970, Judge Beach granted Mas-tropanagiotis’s motion to quash the warrant for his arrest. Florida Statutes § 901.02, 1969, F.S.A....

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

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

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

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