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 warrants When warrant of arrest
   22  to 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 office warrant may
   28  be issued for the arrest of the person complained against if the
   29  trial court judge, from the examination of the complainant and
   30  other witnesses, reasonably believes that the person complained
   31  against has committed an offense within the trial court judge’s
   32  jurisdiction. A warrant is issued at the time it is signed by
   33  the 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.; and
   40         (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.