Florida Statute 901.09 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 901
ARRESTS AND TEMPORARY DETENTIONS

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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 | Sort by: Relevance | Newest First

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Singletary v. State, 322 So. 2d 551 (Fla. 1975).

Cited 71 times | Published | Supreme Court of Florida

...The individual's freedom is restricted to the extent that he is required, under threat of arrest for non-compliance, to appear in court on the time and date specified in the summons. Fla. Stat. 901.11. Upon being served with a summons, an accused comes within the jurisdiction of the court. Fla. Stat. 901.09(2) provides that: "(2) When the complaint is for a misdemeanor that the magistrate is not empowered to try summarily, he shall issue a summons instead of a warrant if he reasonably believes that the person against whom the complaint was made w...

...on a summons." Where a person is arrested pursuant to a warrant issued by a magistrate, numerous cases have held that the person is in "custody" within the meaning of the speedy trial rule. We see no reason why a person served pursuant to Fla. Stat. 901.09(2) with a summons, as contrasted with an arrest pursuant to a warrant, should not likewise be considered as being "in custody" within the meaning of the speedy trial rule....

...We reject appellants' alternative argument that the time period in the rule does not commence until the date specified for the accused to appear in court. The anxiety and concern of the accused are not delayed until such time as the accused first appears in court. Since Fla. Stat. 901.09(2) provides that the summons is to be issued by a magistrate, an official of the court, the accused is within the "custody" of the court the moment he receives the summons....

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ITT Real Est. Equities, Inc. v. Chandler Ins. Agency, Inc., 617 So. 2d 750 (Fla. 4th DCA 1993).

Cited 3 times | Published | Florida 4th District Court of Appeal | 1993 Fla. App. LEXIS 4138, 1993 WL 113312

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

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Miller v. Johnson, 466 So. 2d 340 (Fla. Dist. Ct. App. 1985).

Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 514, 1985 Fla. App. LEXIS 12719

...in which event it may be executed by any sheriff who is advised of the existence of the warrant. An arrest may be made on any day and at any time of the day or night. It is apparent that a summons and a warrant are two different items. According to section 901.09 a magistrate sometimes issues a summons instead of a warrant when a criminal complaint is made....

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