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HB0749 • 2026

Criminal Warrants

Criminal Warrants

Crime
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Persons-Mulicka
Last action
2026-03-13
Official status
House - Died in Criminal Justice Subcommittee
Effective date
2026-10-01

Plain English Breakdown

The official source material does not provide specific details on how judges will decide when special conditions are necessary, leading to uncertainty about this aspect.

Criminal Warrants for Misdemeanors

This bill changes how judges can issue arrest warrants and summons for misdemeanor offenses.

What This Bill Does

  • Allows a judge to issue a summons or notice to appear instead of an arrest warrant if the person is likely to show up in court without special conditions needed to protect others.
  • Gives judges more flexibility to decide whether to issue a warrant or a summons when dealing with misdemeanor cases that cannot be tried quickly by the judge.
  • Permits law enforcement officers to make arrests based on probable cause for certain criminal acts, including violations of injunctions and domestic violence laws.
  • Expands grounds for issuing search warrants to include evidence related to driving under the influence (DUI) or boating under the influence (BUI).
  • Adds new reasons for judges to issue search warrants when there is suspicion of misdemeanor offenses involving physical force or threats.

Who It Names or Affects

  • Judges who handle criminal cases and issue arrest warrants.
  • Law enforcement officers making arrests without a warrant.
  • People charged with misdemeanors in Florida.

Terms To Know

Summons
A legal document that orders someone to appear in court at a specific time and place.
Notice to Appear
An official notice telling someone they must go to court on a certain date for a criminal charge.

Limits and Unknowns

  • The bill does not specify how judges will decide when special conditions are necessary.
  • It is unclear if the changes will lead to fewer arrests or more summons being issued.
  • The effectiveness of these changes in reducing court congestion and improving public safety remains uncertain.

Bill History

  1. 2026-03-13 House

    • Died in Criminal Justice Subcommittee

  2. 2026-01-13 House

    • 1st Reading (Original Filed Version)

  3. 2026-01-05 House

    • Referred to Criminal Justice Subcommittee • Referred to Judiciary Committee • Now in Criminal Justice Subcommittee

  4. 2025-12-11 House

    • Filed

Official Summary Text

Criminal Warrants; Revises conditions under which judge may issue arrest warrant for misdemeanor offense; authorizes judge to issue summons or notice to appear in lieu of arrest in certain circumstances; authorizes judge to issue summons instead of warrant in certain circumstances; provides that law enforcement officer may arrest person without warrant when there is probable cause to believe such person has committed certain criminal acts or offenses; authorizes issuance of search warrant on certain grounds.

Current Bill Text

Read the full stored bill text 
HB 749 2026

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

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
16
Be It Enacted by the Legislature of the State of Florida: 17
18
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

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

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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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

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

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(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 misdemeanor offense 82
which involves the use or threat of physical force or violence 83
against any individual have been or are violated in any 84
particular building or place. 85
86
This section also applies to any papers or documents used as a 87
means of or in aid of the commission of any offense against the 88
laws of the state. 89
Section 5. This act shall take effect October 1, 2026. 90