Florida Statutes

Fla. Stat. § 901.02 (2025)

Issuance of arrest warrants.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 37 cases, 1944–2019 · leading case: Mobley v. State, 197 So. 3d 572 (Fla. 4th DCA 2016).

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Mobley v. State, 197 So. 3d 572 (Fla. 4th DCA 2016). · cites it 7× “” § 901.02 (emphasis added). The State does not argue that the violations of probation that were alleged in the affidavit (failure to make various payments) were “crimes.”

Williams v. State, 202 So. 3d 917 (Fla. 4th DCA 2016). · cites it 6× “” § 901.02 (emphasis added). The State does not argue that the violations of probation that were alleged in the affidavit (failure to make various payments) were “crimes.”

Crain v. State, 914 So. 2d 1015 (Fla. 5th DCA 2005). · cites it 5× “Because section 901.02, Florida Statutes, specifically governs the issuance of arrest warrants, section 948.”

Commonwealth v. Almonor, 120 N.E.3d 1183 (Mass. 2019). “2 See Fla. Stat. §§ 901.02 (3) -(4), 933.07(3) -(4) ; 725 Ill.”

Aponte v. State, 896 So. 2d 836 (Fla. 1st DCA 2005). · cites it 2× “See § 901.02(1), Fla. Stat. (2002) ("A warrant is issued at the time it is signed by the magistrate.”

Amend. to Rules of App. Proc., Civ. Proc., 887 So. 2d 1090 (Fla. 2004). · cites it 2× “(a) This is substantially the same as section 901.02, Florida Statutes, except that the rule requires a written complaint.”

Bartlett v. State, 993 So. 2d 157 (Fla. 1st DCA 2008). · cites it 2× “; § 901.02, Fla. Stat. (2006); Fla. R.Crim.”

Howard v. State, 883 So. 2d 879 (Fla. 4th DCA 2004). · cites it 2× “" § 901.02(1), Fla. Stat. (2002). The transcript of the April 25, 2003 hearing reveals a possibility that an amended affidavit of violation of probation was filed before the hearing.”

State v. Boyd, 717 So. 2d 524 (Fla. 1998). · cites it 2× “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…”

In Re Amend. to Fla. Rules of Cr. Proc., 606 So. 2d 227 (Fla. 1992). · cites it 2× “(a) This is substantially the same as section 901.02, Florida Statutes, except that the rule requires a written complaint.”

Perez v. State, 620 So. 2d 1256 (Fla. 1993). “See generally §§ 901.02, .15, Fla. Stat. (1989). A temporary investigative stop, on the other hand, is permissible where police have a reasonable suspicion i.”

Slingbaum v. State, 751 So. 2d 89 (Fla. 2d DCA 1999). · cites it 2× “See § 901.02(1), Fla. Stat. (1999). The change, however, is prospective only and has no effect on the resolution of this case.”

Show all 37 citing cases →

— 901.02(1) — 8 cases

Crain v. State, 914 So. 2d 1015 (Fla. 5th DCA 2005). “Because section 901.02, Florida Statutes, specifically governs the issuance of arrest warrants, section 948.”

Aponte v. State, 896 So. 2d 836 (Fla. 1st DCA 2005). “See § 901.02(1), Fla. Stat. (2002) ("A warrant is issued at the time it is signed by the magistrate.”

Howard v. State, 883 So. 2d 879 (Fla. 4th DCA 2004). “" § 901.02(1), Fla. Stat. (2002). The transcript of the April 25, 2003 hearing reveals a possibility that an amended affidavit of violation of probation was filed before the hearing.”

Slingbaum v. State, 751 So. 2d 89 (Fla. 2d DCA 1999). “See § 901.02(1), Fla. Stat. (1999). The change, however, is prospective only and has no effect on the resolution of this case.”

Sepulveda v. State, 909 So. 2d 568 (Fla. 4th DCA 2005).

— 901.02(2) — 1 case

Rodriguez v. State, 29 So. 3d 310 (Fla. 2d DCA 2009).

— 901.02(4) — 1 case

Hennig v. William G. Prummel, Jr., Sheriff of Charlotte Cnty., 198 So. 3d 17 (Fla. 2d DCA 2015).

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