Florida Statute 901.09 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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

Arrestable Offenses / Crimes under Fla. Stat. 901.09

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 901.09.

Annotations, Discussions, Cases:

Cases Citing Statute 901.09

Total Results: 9

Amend. to Rules of App. Proc., Civ. Proc.

Court: Supreme Court of Florida | Date Filed: 2004-09-30

Citation: 887 So. 2d 1090, 2004 WL 2201732

Snippet: essentials of present sections 907.01, 907.02, and 901.09(3), Florida Statutes, a change of some of the terminology

Ago

Court: Florida Attorney General Reports | Date Filed: 2002-10-11

Snippet: provided as required by state law); Rule 33-601.901(9), Fla.Admin.C. (after victim information has been

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

Court: District Court of Appeal of Florida | Date Filed: 1993-04-14

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

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

In Re Amend. to Fla. Rules of Cr. Proc.

Court: Supreme Court of Florida | Date Filed: 1992-09-24

Citation: 606 So. 2d 227, 1992 WL 246494

Snippet: essentials of present sections 907.01, 907.02, and 901.09(3), Florida Statutes, a change of some of the terminology

Miller v. Johnson

Court: District Court of Appeal of Florida | Date Filed: 1985-02-28

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

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1984-05-18

Snippet: in question is controlled by ss 901.27 — 901.32, 901.09, 901.10 and48.011 — 48.021, F.S. A noncharter county

Ago

Court: Florida Attorney General Reports | Date Filed: 1977-07-27

Snippet: person and have a summons issued as provided in s. 901.09, F. S. By making an arrest as a conservator of

Singletary v. State

Court: Supreme Court of Florida | Date Filed: 1975-10-29

Citation: 322 So. 2d 551

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

In Re Florida Rules of Criminal Procedure

Court: Supreme Court of Florida | Date Filed: 1967-03-01

Citation: 196 So. 2d 124, 1967 Fla. LEXIS 3956

Snippet: of present Florida Statutes, 907.01, 907.02 and 901.09 (3) a change of some of the terminology being warranted