Florida HB 749: Benefits for Firefighters Injured During Training Exercises

Bill Text

HB 749 2026

CODING: Words stricken are deletions; words underlined are additions.
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A bill to be entitled 1
An act relating to criminal warrants; amending s. 2
901.02, F.S.; revising conditions under which a judge 3
may issue an arrest warrant for a misdemeanor offense; 4
authorizing a judge to issue a summons or notice to 5
appear in lieu of arrest in certain circumstances; 6
amending s. 901.09, F.S.; authorizing a judge to issue 7
a summons instead of a warrant in certain 8
circumstances; amending s. 901.15, F.S.; providing 9
that a law enforcement officer may arrest a person 10
without a warrant when there is probable cause to 11
believe such person has committed certain criminal 12
acts or offenses; amending s. 933.02, F.S.; 13
authorizing the issuance of a search warrant on 14
certain grounds; providing an effective date. 15
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Be It Enacted by the Legislature of the State of Florida: 17
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Section 1. Subsection (2) of section 901.02, Florida 19
Statutes, is amended, and subsection (1) of that section is 20
republished, to read: 21
901.02 Issuance of arrest warrants.— 22
(1) A judge, upon examination of the complaint and proofs 23
submitted, if satisfied that probable cause exists for the 24
issuance of an arrest warrant for any crime committed within the 25

HB 749 2026

CODING: Words stricken are deletions; words underlined are additions.
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judge's jurisdiction, shall thereupon issue an arrest warrant 26
signed by the judge with the judge's name of office. 27
(2) If a complaint alleges the commission of a misdemeanor 28
only, a judge may The court may issue a warrant for the 29
defendant's arrest when all of the following circumstances 30
apply: 31
(a) Issue an arrest warrant in accordance with subsection 32
(1); or A complaint has been filed charging the commission of a 33
misdemeanor only. 34
(b) In his or her discretion, issue a The summons pursuant 35
to s. 901.09(2) or a notice to appear in lieu of an arrest 36
warrant if she or he reasonably believes that the person against 37
whom the complaint was made will appear upon the summons or 38
notice to appear and does not believe that special conditions of 39
pretrial release are necessary to protect the victim or the 40
community issued to the defendant has been returned unserved. 41
(c) The conditions of subsection (1) are met. 42
Section 2. Subsection (2) of section 901.09, Florida 43
Statutes, is amended to read: 44
901.09 When summons shall be issued.— 45
(2) When the complaint is for a misdemeanor that the trial 46
court judge is not empowered to try summarily, the trial court 47
judge may shall issue a summons instead of a warrant if she or 48
he reasonably believes that the person against whom the 49
complaint was made will appear upon a summons and does not 50

HB 749 2026

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believe that special conditions of pretrial release are 51
necessary to protect the victim or the community. 52
Section 3. Subsection (6) of section 901.15, Florida 53
Statutes, is amended, and new paragraphs (h) and (i) are added 54
to subsection (9) of that section, to read: 55
901.15 When arrest by officer without warrant is lawful.—A 56
law enforcement officer may arrest a person without a warrant 57
when: 58
(6) There is probable cause to believe that the person has 59
committed a criminal act according to s. 790.233 or according to 60
s. 741.31, s. 784.047, s. 784.0487, or s. 825.1036 which 61
violates an injunction for protection entered pursuant to s. 62
741.30, s. 784.046, s. 784.0485, or s. 825.1035 or a foreign 63
protection order accorded full faith and credit pursuant to s. 64
741.315, over the objection of the petitioner, if necessary. 65
(9) There is probable cause to believe that the person has 66
committed: 67
(h) Driving under the influence in violation of s. 68
316.193. 69
(i) Boating under the influence in violation of s. 327.35. 70
Section 4. Subsections (6), (7), and (8) are added to 71
section 933.02, Florida Statutes, to read: 72
933.02 Grounds for issuance of search warrant.—Upon proper 73
affidavits being made, a search warrant may be issued under the 74
provisions of this chapter upon any of the following grounds: 75

HB 749 2026

CODING: Words stricken are deletions; words underlined are additions.
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(6) When a sample of the blood of a person or any property 76
constitutes evidence relevant to proving that a violation of s. 77
316.193 or s. 327.35 has been committed. 78
(7) When the laws in relation to domestic violence, as 79
defined in s. 741.28(2), have been or are violated in any 80
particular building or place. 81
(8) When the laws in relation to any misdemean