Bill Text: FL S0962 | 2013 | Regular Session | Comm Sub
Bill Title: Warrants
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-04-24 - Laid on Table, companion bill(s) passed, see CS/HB 953 (Ch. 2013-247) [S0962 Detail]
Download: Florida-2013-S0962-Comm_Sub.html
Florida Senate - 2013 CS for SB 962 By the Committee on Judiciary; and Senator Gardiner 590-03891-13 2013962c1 1 A bill to be entitled 2 An act relating to warrants; amending s. 901.02, F.S.; 3 specifying when an arrest warrant may be issued; 4 authorizing a judge to electronically sign an arrest 5 warrant if certain conditions are met; providing that 6 an arrest warrant is signed by a judge at the time the 7 judge affixes his or her signature or electronic 8 signature to the warrant; defining the term 9 “electronic signature”; amending s. 933.07, F.S.; 10 authorizing a judge to electronically sign a search 11 warrant if certain conditions are met; providing that 12 a search warrant is signed by a judge at the time the 13 judge affixes his or her signature or electronic 14 signature to the warrant; defining the term 15 “electronic signature”; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 901.02, Florida Statutes, is amended to 20 read: 21 901.02 Issuance of arrest warrantsWhen warrant of arrest22to be issued.— 23 (1) A judge, upon examination of the complaint and proofs 24 submitted, if satisfied that probable cause exists for the 25 issuance of an arrest warrant for any crime committed within the 26 judge’s jurisdiction, shall thereupon issue an arrest warrant 27 signed by the judge with the judge’s name of officewarrant may28be issued for the arrest of the person complained against if the29trial court judge, from the examination of the complainant and30other witnesses, reasonably believes that the person complained31against has committed an offense within the trial court judge’s32jurisdiction. A warrant is issued at the time it is signed by33the trial court judge. 34 (2) The court may issue a warrant for the defendant’s 35 arrest when all of the following circumstances apply: 36 (a) A complaint has been filed charging the commission of a 37 misdemeanor only.; 38 (b) The summons issued to the defendant has been returned 39 unserved.; and40 (c) The conditions of subsection (1) are met. 41 (3) A judge may electronically sign an arrest warrant if 42 the requirements of subsection (1) or subsection (2) are met and 43 the judge, based on an examination of the complaint and proofs 44 submitted, determines that the complaint: 45 (a) Bears the affiant’s signature, or electronic signature 46 if the complaint was submitted electronically. 47 (b) Is supported by an oath or affirmation administered by 48 the judge or other person authorized by law to administer oaths. 49 (c) If submitted electronically, is submitted by reliable 50 electronic means. 51 (4) An arrest warrant shall be deemed to be issued by a 52 judge at the time the judge affixes the judge’s signature or 53 electronic signature to the warrant. As used in this section, 54 the term “electronic signature” has the same meaning as provided 55 in s. 933.40. 56 Section 2. Subsections (3) and (4) are added to section 57 933.07, Florida Statutes, to read: 58 933.07 Issuance of search warrants.— 59 (3) A judge may electronically sign a search warrant if the 60 requirements of subsection (1) or subsection (2) are met and the 61 judge, based on an examination of the application and proofs 62 submitted, determines that the application: 63 (a) Bears the affiant’s signature, or electronic signature 64 if the application was submitted electronically. 65 (b) Is supported by an oath or affirmation administered by 66 the judge or other person authorized by law to administer oaths. 67 (c) If submitted electronically, is submitted by reliable 68 electronic means. 69 (4) A search warrant shall be deemed to be issued by a 70 judge at the time the judge affixes the judge’s signature or 71 electronic signature to the warrant. As used in this section, 72 the term “electronic signature” has the same meaning as provided 73 in s. 933.40. 74 Section 3. This act shall take effect July 1, 2013.