Florida Statutes

Fla. Stat. § 933.07 (2025)

Issuance of search warrants.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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933.07 Issuance of search warrants.—

(1) The judge, upon examination of the application and proofs submitted, if satisfied that probable cause exists for the issuing of the search warrant, shall thereupon issue a search warrant signed by him or her with his or her name of office, to any sheriff and the sheriff’s deputies or any police officer or other person authorized by law to execute process, commanding the officer or person forthwith to search the property described in the warrant or the person named, for the property specified, and to bring the property and any person arrested in connection therewith before the judge or some other court having jurisdiction of the offense.

(2) Notwithstanding any other provisions of this chapter, the Department of Agriculture and Consumer Services, based on grounds specified in s. 933.02(4)(d), may obtain a search warrant authorized by this chapter for an area in size up to and including the full extent of the county in which the search warrant is issued. The judge issuing such search warrant shall conduct a court proceeding prior to the issuance of such search warrant upon reasonable notice and shall receive, hear, and determine any objections by property owners to the issuance of such search warrant. Such search warrant may be served by employees or authorized contractors of the Department of Agriculture and Consumer Services. Such search warrant may be made returnable at any time up to 6 months from the date of issuance.

(3) A judge may electronically sign a search warrant if the requirements of subsection (1) or subsection (2) are met and the judge, based on an examination of the application and proofs submitted, determines that the application:

(a) Bears the affiant’s signature, or electronic signature if the application 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) A search 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. 7, ch. 9321, 1923; CGL 8509; s. 42, ch. 73-334; s. 1, ch. 79-131; s. 1570, ch. 97-102; s. 3, ch. 2002-11; s. 37, ch. 2004-11; s. 158, ch. 2007-5; s. 2, ch. 2013-247.

Notes of Decisions

Cited in 35 cases, 1944–2018 · leading case: Florida Dept. of Agric. & Consum. Servs. v. Haire, 836 So. 2d 1040 (Fla. 4th DCA 2003).

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Florida Dept. of Agric. & Consum. Servs. v. Haire, 836 So. 2d 1040 (Fla. 4th DCA 2003). · cites it 8× “184, Florida Statutes (2002), requiring the removal of citrus trees within 1900 feet of a tree infected with canker, violates substantive and procedural due process; (2) whether the Department has the authority to conduct warrantless searches of residential private property; (3)…”

Limbaugh v. State, 887 So. 2d 387 (Fla. 4th DCA 2004). · cites it 11× “See § 933.07, Fla. Stat. (1997). Pre-seizure hearings are `necessarily ex parte, since the subject of the search cannot be tipped off to the application for a warrant lest he destroy or remove evidence.”

Alford v. State, 307 So. 2d 433 (Fla. 1975). · cites it 2× “, and Fla. Stat. § 933.07 , F.S.A., defendant argues that each of these requires that warrants particularly describe the items to be seized; also, that Fla.”

State v. Haugee, 402 So. 2d 1216 (Fla. 5th DCA 1981). · cites it 2× “" Section 933.07, Florida Statutes (1979), provides the warrant is "to search the property described in the warrant or the person named.”

Haire v. Florida Dep't of Agric. & Consum. Servs., 870 So. 2d 774 (Fla. 2004). · cites it 3× “The Fourth District further concluded that section 933.07(2), Florida Statutes (2003), which authorizes county-wide search warrants, was unconstitutional under the Fourth Amendment to the United States Constitution and article 1, section 12 of the Florida Constitution.”

State v. Laiser, 322 So. 2d 490 (Fla. 1975). · cites it 4× “" Section 933.07, Florida Statutes (1973), states that search warrants shall command the searching officer to bring any seized property before the magistrate or some other court having jurisdiction of the offense.”

State v. Viatical Servs., Inc., 741 So. 2d 560 (Fla. 4th DCA 1999). · cites it 4× “See § 933.07, Fla. Stat. (1997). Pre-seizure hearings are "necessarily ex parte, since the subject of the search cannot be tipped off to the application for a warrant lest he destroy or remove evidence.”

Ryals v. State, 498 So. 2d 1365 (Fla. 5th DCA 1986). · cites it 2× “Section 933.07, Florida Statutes (1985), requires a finding of probable cause before a judge can issue a search warrant.”

State v. Schectman, 291 So. 2d 259 (Fla. 4th DCA 1974). · cites it 6× “as prescribed by Section 933.07 of the Florida Statutes, F.”

Joyner v. City of Lakeland, 90 So. 2d 118 (Fla. 1956). · cites it 2× “This contention is based upon F.S. § 933.07, F.S.A. which provides in part as follows: "The judge or magistrate * * shall thereupon issue a search warrant * * * to any * * * police officer * * * commanding the officer or person forthwith to search the property described in the…”

Martin v. State, 344 So. 2d 248 (Fla. 2d DCA 1976). · cites it 2× “While it may be argued that the omission to issue a duplicate copy or the failure to serve an unsigned duplicate on the person in charge of the premises to be searched may not be fatal, [1] we are of the view that the failure of the issuing magistrate to sign an original warrant…”

State of Florida v. Lewis Stouffer, Clark Jeffrey Thompson & Craig Turturo, 248 So. 3d 1165 (Fla. 4th DCA 2018). · cites it 2× “Section 933.07(1), Florida Statutes, provides: The judge, upon examination of the application and proofs submitted, if satisfied that probable cause exists for the issuing of the search warrant, shall thereupon issue a search warrant signed by him or her with his or her name of…”

Show all 35 citing cases →

— 933.07(1) — 3 cases

Limbaugh v. State, 887 So. 2d 387 (Fla. 4th DCA 2004). “See § 933.07, Fla. Stat. (1997). Pre-seizure hearings are `necessarily ex parte, since the subject of the search cannot be tipped off to the application for a warrant lest he destroy or remove evidence.”

State of Florida v. Lewis Stouffer, Clark Jeffrey Thompson & Craig Turturo, 248 So. 3d 1165 (Fla. 4th DCA 2018). “Section 933.07(1), Florida Statutes, provides: The judge, upon examination of the application and proofs submitted, if satisfied that probable cause exists for the issuing of the search warrant, shall thereupon issue a search warrant signed by him or her with his or her name of…”

Williams v. State, 130 So. 3d 757 (Fla. 2d DCA 2014).

— 933.07(2) — 4 cases

Florida Dept. of Agric. & Consum. Servs. v. Haire, 836 So. 2d 1040 (Fla. 4th DCA 2003). “184, Florida Statutes (2002), requiring the removal of citrus trees within 1900 feet of a tree infected with canker, violates substantive and procedural due process; (2) whether the Department has the authority to conduct warrantless searches of residential private property; (3)…”

Haire v. Florida Dep't of Agric. & Consum. Servs., 870 So. 2d 774 (Fla. 2004). “The Fourth District further concluded that section 933.07(2), Florida Statutes (2003), which authorizes county-wide search warrants, was unconstitutional under the Fourth Amendment to the United States Constitution and article 1, section 12 of the Florida Constitution.”

Haire v. Fla. Dept. of Agr. & Cons. Serv., 870 So. 2d 774 (Fla. 2004).

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