Florida Statutes
Fla. Stat. § 901.01 (2025)
Judicial officers have committing authority.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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901.01 Judicial officers have committing authority.—Each state judicial officer is a conservator of the peace and has committing authority to issue warrants of arrest, commit offenders to jail, and recognize them to appear to answer the charge. He or she may require sureties of the peace when the peace has been substantially threatened or disturbed.
History.—s. 1, ch. 19554, 1939; CGL 1940 Supp. 8663(1); s. 1, ch. 70-338; s. 4, ch. 70-339; s. 34, ch. 73-334; s. 1451, ch. 97-102; s. 18, ch. 2004-11.
Notes of Decisions
Cited in 11
cases, 1944–2020 · leading case: State Ex Rel. Wilson v. Quigg, 17 So. 2d 697 (Fla. 1944).
State Ex Rel. Wilson v. Quigg, 17 So. 2d 697 (Fla. 1944). “07, above quoted, and also upon Section 901.01, F. S. 1941, which makes all judicial officers conservators of the peace and committing magistrates, with power to issue warrants and commit offenders to jail or recognize them to appeal before “the proper court,” or discharge them…”
Amend. to Rules of App. Proc., Civ. Proc., 887 So. 2d 1090 (Fla. 2004). “This is substantially the same as part of section 901.01, Florida Statutes. (The remaining part should be retained as a statute.”
In Re Amend. to Fla. Rules of Cr. Proc., 606 So. 2d 227 (Fla. 1992). “This is substantially the same as part of section 901.01, Florida Statutes. (The remaining part should be retained as a statute.”
Jefferson v. Sweat, 76 So. 2d 494 (Fla. 1954). “Section 901.01, F.S.A. every judicial officer of the state from Justice of the Peace to a Justice of the Supreme Court is a Committing Magistrate.”
Oliver Lee Kirkland & Elizabeth Smith v. Paul H. Preston & Luke Moore, 385 F.2d 670 (D.C. Cir. 1967). “, Fla. Stat. §§ 901.01-901.02 , F.S.A. (1944); Ill.”
Drake v. Henson, 448 So. 2d 1205 (Fla. 3d DCA 1984). “And § 901.01, F.S., provides in pertinent part that: Each state judicial officer including all judges of courts created by home rule charter counties which have five or less justices of the peace, is a conservator of the peace and a committing magistrate with authority to issue…”
Sharpe v. Sharpe, 695 So. 2d 1302 (Fla. 5th DCA 1997). “NOTES [1] We recognize that this language is inconsistent with the provisions of the form authorized by section 741.30(3)(b), but it appears that legislative intent is better reflected in its statutory language than in its forms.”
Ackies v. Purdy, 322 F. Supp. 38 (S.D. Fla. 1970). “” The Court takes judicial notice of Florida Statute § 901.01, F.S.A. which makes “all judicial officers of this state * * * committing magistrates, * * The defendant, E.”
Hill v. State, 132 So. 3d 925 (Fla. 1st DCA 2014). “V, § 19; Fla. Stat. § 901.01 (“[e]ach state judicial officer is a conservator of the peace and has committing authority to issue warrants of arrest, commit offenders to jail, and recognize them to appear to answer the charge”).”
Edge-Gougen v. State, 182 So. 3d 730 (Fla. 1st DCA 2015). “5, *734 § 19; § 901.01, Fla. Stat. (2015) (“Each state judicial officer is a conservator of the peace and has committing authority to issue warrants of arrest, commit offenders to jail, and recognize them to appear to answer the charge.”
Turner v. Williams (M.D. Fla. 2020). “As Turner was arrested under a warrant, Williams was not the final approving authority of the arrest, see §§ 901.01 et seq. (authorizing judicial officers to issue arrest warrants); 30.”
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