Florida SB 1284: Arrest and Search Warrants

Bill Text

1284 
Arrest and Search Warrants 
2026-01-07T03:09:49Z 
Authorizing a judge to issue an arrest warrant or issue a summons or a notice to appear in lieu of an arrest warrant under specified circumstances if a complaint alleges only the commission of a misdemeanor offense; authorizing, rather than requiring, a trial court judge to issue a summons under specified circumstances when a complaint is for a misdemeanor that the trial court judge is not empowered to try summarily; expanding the circumstances under which an arrest by an officer without a warrant is lawful to include when there is probable cause to believe that a person has committed a criminal act in violation of an injunction for protection against stalking or cyberstalking or has committed an act that constitutes driving under the influence or boating under the influence, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 1284 

 By Senator Martin 

 33-00883-26 20261284__ 
 1 A bill to be entitled 
 2 An act relating to arrest and search warrants; 
 3 amending s. 901.02, F.S.; authorizing a judge to issue 
 4 an arrest warrant or issue a summons or a notice to 
 5 appear in lieu of an arrest warrant under specified 
 6 circumstances if a complaint alleges only the 
 7 commission of a misdemeanor offense; amending s. 
 8 901.09, F.S.; authorizing, rather than requiring, a 
 9 trial court judge to issue a summons under specified 
 10 circumstances when a complaint is for a misdemeanor 
 11 that the trial court judge is not empowered to try 
 12 summarily; amending s. 901.15, F.S.; expanding the 
 13 circumstances under which an arrest by an officer 
 14 without a warrant is lawful to include when there is 
 15 probable cause to believe that a person has committed 
 16 a criminal act in violation of an injunction for 
 17 protection against stalking or cyberstalking or has 
 18 committed an act that constitutes driving under the 
 19 influence or boating under the influence; amending s. 
 20 933.02, F.S.; expanding the circumstances under which 
 21 a search warrant may be issued to include when a 
 22 sample of the blood of a person or other property 
 23 constitutes evidence of driving under the influence or 
 24 boating under the influence, when the laws in relation 
 25 to domestic violence are violated in any particular 
 26 building or place, and when the laws in relation to 
 27 any misdemeanor crime that involves the use or threat 
 28 of physical force or violence against an individual 
 29 are violated; reenacting s. 901.1501(2) and (3), F.S., 
 30 relating to immediate arrest of a person with a 
 31 significant medical condition, to incorporate the 
 32 amendments made to ss. 901.02 and 901.15, F.S., in 
 33 references thereto; reenacting ss. 20.165(9)(b), 
 34 39.504(5), 321.05(1), 570.65(2), 741.30(6)(d), and 
 35 784.0485(6)(c) and (9)(b), F.S., relating to the 
 36 Department of Business and Professional Regulation; 
 37 enforcement of certain injunctions; duties, functions, 
 38 and powers of patrol officers; law enforcement 
 39 officers of the Department of Agriculture and Consumer 
 40 Services; enforcement of domestic violence 
 41 injunctions; and enforcement of stalking injunctions; 
 42 respectively, to incorporate the amendment made to s. 
 43 901.15, F.S., in references thereto; providing an 
 44 effective date. 
 45 
 46 Be It Enacted by the Legislature of the State of Florida: 
 47 
 48 Section 1. Subsection (2) of section 901.02, Florida 
 49 Statutes, is amended to read: 
 50 901.02 Issuance of arrest warrants.— 
 51 (2) If a complaint alleges only the commission of a 
 52 misdemeanor offense, a judge may either The court may issue a 
 53 warrant for the defendant’s arrest when all of the following 
 54 circumstances apply: 
 55 (a) Issue an arrest warrant in accordance with subsection 
 56 (1); or A complaint has been filed charging the commission of a 
 57 misdemeanor only. 
 58 (b) Issue a summons pursuant s. 901.09(2) or a notice to 
 59 appear in lieu of an arrest warrant if she or he reasonably 
 60 believes that the person against whom the complaint was made 
 61 will appear upon the summons or notice to appear and does not 
 62 believe that special conditions of pretrial release are 
 63 necessary to protect a victim or the community The summons 
 64 issued to the defendant has been returned unserved. 
 65 (c) The conditions of subsection (1) are met. 
 66 Section 2. Subsection (2) of section 901.09, Florida 
 67 Statutes, is amended to read: 
 68 901.09 When summons shall be issued.— 
 69 (2) When the complaint is for a misdemeanor that the trial 
 70 court judge is not empowered to try summarily, the trial court 
 71 judge may shall issue a summons instead of a warrant if she or 
 72 he reasonably believes that the person against whom the 
 73 complaint was made will appear upon a summons and does not 
 74 believe that special conditions of pretrial rele