Florida Statutes

Fla. Stat. § 901.09 (2025)

When summons shall be issued.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 2 cases, 1978–1985 · leading case: State v. Allen, 47 Fla. Supp. 60 (Fla. Hillsborough Cty. Ct. 1978).

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State v. Allen, 47 Fla. Supp. 60 (Fla. Hillsborough Cty. Ct. 1978). “e to be followed in effectuating such an arrest the Attorney General stated that before a Florida Uniform Traffic Citation can be properly issued for a traffic violation committed in his presence a circuit judge “must take the arrested person before a neutral and detached…”

Miller v. Johnson, 466 So. 2d 340 (Fla. 5th DCA 1985). “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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