Florida Statute 901.9 - 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. 901.09

901.09 When summons shall be issued.—

(1) When the complaint is for an offense that the trial court judge is empowered to try summarily, the trial court judge shall issue a summons instead of a warrant, unless she or he reasonably believes that the person against whom the complaint was made will not appear upon a summons, in which event the trial court judge shall issue a warrant.

(2) When the complaint is for a misdemeanor that the trial court judge is not empowered to try summarily, the trial court judge shall 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.

(3) The summons shall set forth substantially the nature of the offense and shall command the person against whom the complaint was made to appear before the trial court judge at a stated time and place.

History.—s. 9, ch. 19554, 1939; CGL 1940 Supp. 8663(9); s. 6, ch. 70-339; s. 1455, ch. 97-102; s. 22, ch. 2004-11.

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Amendments to 901.09

Annotations, Discussions, Cases:

Cases Citing Statute 901.09

Total Results: 3

Singletary v. State

322 So. 2d 551

Supreme Court of Florida | Filed: Oct 29, 1975 | Docket: 1413470

Cited 71 times | Published

comes within the jurisdiction of the court. Fla. Stat. 901.09(2) provides that: "(2) When the complaint

ITT Real Estate Equities, Inc. v. Chandler Ins. Agency, Inc.

617 So. 2d 750, 1993 Fla. App. LEXIS 4138, 1993 WL 113312

District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 457715

Cited 3 times | Published

it as being genuine." Erhardt, Florida Evidence § 901.9 at 698 (1992 ed.). It is undisputed in the present

Miller v. Johnson

466 So. 2d 340, 10 Fla. L. Weekly 514, 1985 Fla. App. LEXIS 12719

District Court of Appeal of Florida | Filed: Feb 28, 1985 | Docket: 64610937

Published

warrant are two different items. According to section 901.09 a magistrate sometimes issues a summons instead