Title: Warrants

Summary: Specifies when arrest warrant may be issued; authorizes judge to electronically sign arrest & search warrants if certain conditions are met; provides that such warrants deemed electronically issued & signed by judge at time judge affixes his or her electronic signature to warrant.

Full Text:
An act relating to warrants; amending s. 901.02, F.S.; specifying when an arrest warrant may be issued; authorizing a judge to electronically sign an arrest warrant if certain conditions are met; providing that an arrest warrant is signed by a judge at the time the judge affixes his or her signature or electronic signature to the warrant; defining the term "electronic signature"; amending s. 933.07, F.S.; authorizing a judge to electronically sign a search warrant if certain conditions are met; providing that a search warrant is signed by a judge at the time the judge affixes his or her signature or electronic signature to the warrant; defining the term "electronic signature"; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 901.02, Florida Statutes, is amended to read: 901.02 Issuance of arrest warrants When warrant of arrest to be issued.-(1) A judge, upon examination of the complaint and proofs submitted, if satisfied that probable cause exists for the issuance of an arrest warrant for any crime committed within the judge's jurisdiction, shall thereupon issue an arrest warrant signed by th ejudge with the judge's name of office warrant may be issued for the arrest of the person complained against if the ENROLLED CS/HB 2013 Legislature trial court judge, from the examination of the complainant and other witnesses, reasonably believes that the person complained against has committed an offense within the trial court judge's jurisdiction. A warrant is issued at the time it is signed by the trial court judge.(2) The court may issue a warrant for the defendant's arrest when all of the following circumstances apply: (a) A complaint has been filed charging the commission of a misdemeanor only.; (b) The summons issued to the defendant has been returned unserved.; and (c) The conditions of subsection (1) are met. (3) A judge may electronically sign an arrest warrant if the requirements of subsection (1) or subsection (2) are met and the judge, based on an examination of the complaint and proofs submitted, determines that the complaint: (a) Bears the affiant's signature, or electronic signature if the complaint was submit ted electronically. (b) Is supported by an oath or affirmation administered by the judge or other person authorized by law to administer oaths. (c) If submitted electronically, is submitted by reliable electronic means. (4) An arrest 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. Section 2. Subsection (3 ) is added to section 933.07, ENROLLED CS/HB 2013 Legislature Florida Statutes, to read: 933.07 Issuance of search warrants.-(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. (c) If submitted electronically, is submitted by reliable electronic means. (4) A search warrant shall be deemed to be issued by a judge at the time the judge affixes the judge's signature or electron ic signature to the warrant. As used in this section, the term "electronic signature" has the same meaning as provided in s. 933.40. Section 3. This act shall take effect July 1, 2013.