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 release are
75 necessary to protect a victim or the community.
76 Section 3. Subsections (6) and (9) of section 901.15,
77 Florida Statutes, are amended to read:
78 901.15 When arrest by officer without warrant is lawful.—A
79 law enforcement officer may arrest a person without a warrant
80 when:
81 (6) There is probable cause to believe that the person has
82 committed a criminal act according to s. 790.233 or according to
83 s. 741.31, s. 784.047, s. 784.0487, or s. 825.1036 which
84 violates an injunction for protection entered pursuant to s.
85 741.30, s. 784.046, s. 784.0485, or s. 825.1035 or a foreign
86 protection order accorded full faith and credit pursuant to s.
87 741.315, over the objection of the petitioner, if necessary.
88 (9) There is probable cause to believe that the person has
89 committed any of the following:
90 (a) Any battery upon another person, as defined in s.
91 784.03.
92 (b) An act of criminal mischief or a graffiti-related
93 offense as described in s. 806.13.
94 (c) A violation of a safety zone, security zone, regulated
95 navigation area, or naval vessel protection zone as described in
96 s. 327.461.
97 (d) A racing, street takeover, or stunt driving violation
98 as described in s. 316.191(2).
99 (e) An exposure of sexual organs in violation of s. 800.03.
100 (f) Possession of a firearm by a minor in violation of s.
101 790.22(3).
102 (g) Trespass upon school grounds or facilities, including
103 school buses as defined in s. 810.097(5)(b), in violation of
104 that section.
105 (h) An act that constitutes driving under the influence in
106 violation of s. 316.193.
107 (i) An act that constitutes boating under the influence in
108 violation of s. 327.35.
109 Section 4. Section 933.02, Florida Statutes, is amended to
110 read:
111 933.02 Grounds for issuance of search warrant.—Upon proper
112 affidavits being made, a search warrant may be issued under the
113 provisions of this chapter upon any of the following grounds:
114 (1) When the property has shall have been stolen or
115 embezzled in violation of law.;
116 (2) When any property has shall have been used:
117 (a) As a means to commit any crime;
118 (b) In connection with gambling, gambling implements and
119 appliances; or
120 (c) In violation of s. 847.011 or other laws in reference
121 to obscene prints and literature.;
122 (3) When any property constitutes evidence relevant to
123 proving that a felony has been committed.;
124 (4) When any property is being held or possessed in
125 violation of:
126 (a) In violation of Any of the laws prohibiting the
127 manufacture, sale, and transportation of intoxicating liquors;
128 (b) In violation of The fish and game laws;
129 (c) In violation of The laws relative to food and drug; or
130 (d) In violation of The laws relative to citrus disease
131 pursuant to s. 581.184.; or
132 (5) When the laws in relation to cruelty to animals, as
133 provided in chapter 828, have been or are violated in any
134 particular building or place.
135 (6) When a sample of the blood of a person or other
136 property constitutes evidence relevant to proving that a
137 violation of s. 316.193 or s. 327.35 has been committed.
138 (7) When the laws in relation to domestic violence as
139 defined in s. 741.28 are violated in any particular building or
140 place.
141 (8) When the laws in relation to any misdemeanor crime that
142 involves the use or threat of physical force or violence against
143 an individual are violated.
144
145 This section also applies to any papers or documents used as a
146 means of or in aid of the commission of any offense against the
147 laws of the state.
148 Section 5. For the purpose of incorporating the amendments
149 made by this act to sections 901.02 and 901.15, Florida
150 Statutes, in references thereto, subsections (2) and (3) of
151 section 901.1501, Florida Statutes, are reenacted to read:
152 901.1501 Immediate arrest of a person with a significant
153 medical condition.—
154 (2) In determining whether to make an immediate arrest of a
155 person with a significant medical condition, including an arrest
156 for an offense committed against an elderly person or a disabled
157 adult, a law enforcement officer may use his or her discretion
158 based on the totality of the circumstances, including
159 consideration of whether the person is a current or continued
160 threat to public safety or himself or herself or a flight risk,
161 and may consider all available lawful methods of making an
162 arrest, including seeking an arrest warrant under s. 901.02.
163 (3) This section does not prohibit a law enforcement
164 officer from arresting a person without a warrant under s.
165 901.15, or making such an arrest by any lawful method.
166 Section 6. For the purpose of incorporating the amendment
167 made by this act to section 901.15, Florida Statutes, in a
168 reference thereto, paragraph (b) of subsection (9) of section
169 20.165, Florida Statutes, is reenacted to read:
170 20.165 Department of Business and Professional Regulation.
171 There is created a Department of Business and Professional
172 Regulation.
173 (9)
174 (b) Each employee serving as a law enforcement officer for
175 the division must meet the qualifications for employment or
176 appointment as a law enforcement officer set forth under s.
177 943.13 and must be certified as a law enforcement officer by the
178 Department of Law Enforcement under chapter 943. Upon
179 certification, each law enforcement officer is subject to and
180 has the same authority as provided for law enforcement officers
181 generally in chapter 901 and has statewide jurisdiction. Each
182 officer also has arrest authority as provided for state law
183 enforcement officers in s. 901.15. Each officer possesses the
184 full law enforcement powers granted to other peace officers of
185 this state, including the authority to make arrests, carry
186 firearms, serve court process, and seize contraband and the
187 proceeds of illegal activities.
188 1. The primary responsibility of each officer appointed
189 under this section is to investigate, enforce, and prosecute,
190 throughout the state, violations and violators of parts I and II
191 of chapter 210, part VII of chapter 559, and chapters 561-569,
192 and the rules adopted thereunder, as well as other state laws
193 that the division, all state law enforcement officers, or
194 beverage enforcement agents are specifically authorized to
195 enforce.
196 2. The secondary responsibility of each officer appointed
197 under this section is to enforce all other state laws, provided
198 that the enforcement is incidental to exercising the officer’s
199 primary responsibility as provided in subparagraph 1., and the
200 officer exercises the powers of a deputy sheriff, only after
201 consultation or coordination with the appropriate local
202 sheriff’s office or municipal police department or when the
203 division participates in the Florida Mutual Aid Plan during a
204 declared state emergency.
205 Section 7. For the purpose of incorporating the amendment
206 made by this act to section 901.15, Florida Statutes, in a
207 reference thereto, subsection (5) of section 39.504, Florida
208 Statutes, is reenacted to read:
209 39.504 Injunction; penalty.—
210 (5) Service of process on the respondent shall be carried
211 out pursuant to s. 741.30. The department shall deliver a copy
212 of any injunction issued pursuant to this section to the
213 protected party or to a parent, caregiver, or individual acting
214 in the place of a parent who is not the respondent. Law
215 enforcement officers may exercise their arrest powers as
216 provided in s. 901.15(6) to enforce the terms of the injunction.
217 Section 8. For the purpose of incorporating the amendment
218 made by this act to section 901.15, Florida Statutes, in a
219 reference thereto, subsection (1) of section 321.05, Florida
220 Statutes, is reenacted to read:
221 321.05 Duties, functions, and powers of patrol officers.
222 The members of the Florida Highway Patrol are hereby declared to
223 be conservators of the peace and law enforcement officers of the
224 state, with the common-law right to arrest a person who, in the
225 presence of the arresting officer, commits a felony or commits
226 an affray or breach of the peace constituting a misdemeanor,
227 with full power to bear arms; and they shall apprehend, without
228 warrant, any person in the unlawful commission of any of the
229 acts over which the members of the Florida Highway Patrol are
230 given jurisdiction as hereinafter set out and deliver him or her
231 to the sheriff of the county that further proceedings may be had
232 against him or her according to law. In the performance of any
233 of the powers, duties, and functions authorized by law, members
234 of the Florida Highway Patrol have the same protections and
235 immunities afforded other peace officers, which shall be
236 recognized by all courts having jurisdiction over offenses
237 against the laws of this state, and have authority to apply for,
238 serve, and execute search warrants, arrest warrants, capias, and
239 other process of the court. The patrol officers under the
240 direction and supervision of the Department of Highway Safety
241 and Motor Vehicles shall perform and exercise throughout the
242 state the following duties, functions, and powers:
243 (1) To patrol the state highways and regulate, control, and
244 direct the movement of traffic thereon; to maintain the public
245 peace by preventing violence on highways; to apprehend fugitives
246 from justice; to enforce all laws regulating and governing
247 traffic, travel, and public safety upon the public highways and
248 providing for the protection of the public highways and public
249 property thereon, including the security and safety of this
250 state’s transportation infrastructure; to make arrests without
251 warrant for the violation of any state law committed in their
252 presence in accordance with state law; providing that no search
253 may be made unless it is incident to a lawful arrest, to
254 regulate and direct traffic concentrations and congestions; to
255 enforce laws governing the operation, licensing, and taxing and
256 limiting the size, weight, width, length, and speed of vehicles
257 and licensing and controlling the operations of drivers and
258 operators of vehicles, including the safety, size, and weight of
259 commercial motor vehicles; to collect all state fees and
260 revenues levied as an incident to the use or right to use the
261 highways for any purpose, including the taxing and registration
262 of commercial motor vehicles; to require the drivers of vehicles
263 to stop and exhibit their driver licenses, registration cards,
264 or documents required by law to be carried by such vehicles; to
265 investigate traffic accidents, secure testimony of witnesses and
266 of persons involved, and make report thereof with copy, if
267 requested in writing, to any person in interest or his or her
268 attorney; to investigate reported thefts of vehicles; and to
269 seize contraband or stolen property on or being transported on
270 the highways. Each patrol officer of the Florida Highway Patrol
271 is subject to and has the same arrest and other authority
272 provided for law enforcement officers generally in chapter 901
273 and has statewide jurisdiction. Each officer also has arrest
274 authority as provided for state law enforcement officers in s.
275 901.15. This section does not conflict with, but is supplemental
276 to, chapter 933.
277 Section 9. For the purpose of incorporating the amendment
278 made by this act to section 901.15, Florida Statutes, in a
279 reference thereto, subsection (2) of section 570.65, Florida
280 Statutes, is reenacted to read:
281 570.65 Department of Agriculture and Consumer Services, law
282 enforcement officers.—
283 (2) Each law enforcement officer shall meet the
284 qualifications of law enforcement officers under s. 943.13 and
285 shall be certified as a law enforcement officer by the
286 Department of Law Enforcement under the provisions of chapter
287 943. Upon certification, each law enforcement officer is subject
288 to and shall have the same arrest and other authority provided
289 for law enforcement officers generally in chapter 901 and shall
290 have statewide jurisdiction. Each officer shall also have arrest
291 authority as provided for state law enforcement officers in s.
292 901.15. Such officers have full law enforcement powers granted
293 to other peace officers of this state, including the authority
294 to make arrests, carry firearms, serve court process, and seize
295 contraband and the proceeds of illegal activities.
296 Section 10. For the purpose of incorporating the amendment
297 made by this act to section 901.15, Florida Statutes, in a
298 reference thereto, paragraph (d) of subsection (6) of section
299 741.30, Florida Statutes, is reenacted to read:
300 741.30 Domestic violence; injunction; powers and duties of
301 court and clerk; petition; notice and hearing; temporary
302 injunction; issuance of injunction; statewide verification
303 system; enforcement; public records exemption.—
304 (6)
305 (d) A temporary or final judgment on injunction for
306 protection against domestic violence entered under this section
307 shall, on its face, indicate that:
308 1. The injunction is valid and enforceable in all counties
309 of the State of Florida.
310 2. Law enforcement officers may use their arrest powers
311 under s. 901.15(6) to enforce the terms of the injunction.
312 3. The court had jurisdiction over the parties and matter
313 under the laws of Florida and that reasonable notice and
314 opportunity to be heard was given to the person against whom the
315 order is sought sufficient to protect that person’s right to due
316 process.
317 4. The date the respondent was served with the temporary or
318 final order, if obtainable.
319 Section 11. For the purpose of incorporating the amendment
320 made by this act to section 901.15, Florida Statutes, in
321 references thereto, paragraph (c) of subsection (6) and
322 paragraph (b) of subsection (9) of section 784.0485, Florida
323 Statutes, are reenacted to read:
324 784.0485 Stalking; injunction; powers and duties of court
325 and clerk; petition; notice and hearing; temporary injunction;
326 issuance of injunction; statewide verification system;
327 enforcement.—
328 (6)
329 (c) A temporary or final judgment on injunction for
330 protection against stalking entered pursuant to this section
331 shall, on its face, indicate:
332 1. That the injunction is valid and enforceable in all
333 counties of this state.
334 2. That law enforcement officers may use their arrest
335 powers pursuant to s. 901.15(6) to enforce the terms of the
336 injunction.
337 3. That the court has jurisdiction over the parties and
338 matter under the laws of this state and that reasonable notice
339 and opportunity to be heard was given to the person against whom
340 the order is sought sufficient to protect that person’s right to
341 due process.
342 4. The date that the respondent was served with the
343 temporary or final order, if obtainable.
344 (9)
345 (b) If the respondent is arrested by a law enforcement
346 officer under s. 901.15(6) or for a violation of s. 784.0487,
347 the respondent shall be held in custody until brought before the
348 court as expeditiously as possible for the purpose of enforcing
349 the injunction and for admittance to bail in accordance with
350 chapter 903 and the applicable rules of criminal procedure,
351 pending a hearing.
352 Section 12. This act shall take effect July 1, 2026.