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Florida Statutes, Title XLVII

Florida/Statutes

← All Florida coverage

Title XLVII, Criminal Procedure and Corrections

42 chapters · 1,219 sections in this title.

All chapters in Title XLVII1,219 Ch 943, Department of Law Enforcement163 Ch 985, Juvenile Justice; Interstate Compact…111 Ch 944, State Correctional System103 Ch 945, Department of Corrections53 Ch 941, Corrections: Interstate Cooperation49 Ch 905, Grand Jury43 Ch 947, Florida Commission on Offender Revie…42 Ch 948, Probation and Community Control42 Ch 921, Sentence38 Ch 960, Victim Assistance38 Ch 903, Bail37 Ch 901, Arrests and Temporary Detentions36 Ch 951, County and Municipal Prisoners35 Ch 946, Inmate Labor and Correctional Work P…33

1,219 sections·Filtered byTitle XLVII✕

Fla. Stat. § 900.01 Title
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Chapters 900-925 may be cited as the “Criminal Procedure Law.”History.—s. 320, ch. 19554, 1939; CGL 1940 Supp. 8663(333); s. 7, ch. 22858, 1945; s. 1, ch. 70-339.Note.—Former s. 925.03.
Fla. Stat. § 900.02 Effective date
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The Criminal Procedure Law shall become effective at 12:01 a.m., January 1, 1971, and shall govern the procedure in all criminal cases instituted after that time.History.—s. 321, ch. 19554, 1939; CGL 1940 Supp. 8663(334); s. 1, ch. 70-339.Note.—Former s. 925.02.
Fla. Stat. § 900.03 Courts vested with criminal jurisdiction; process
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(1) Original jurisdiction in criminal cases is vested in the circuit courts and county courts.(2) Courts having criminal jurisdiction may issue writs and process necessary to the exercise of the criminal jurisdiction and the writs and process shall have effect through the state.H…
Fla. Stat. § 900.04 Contempts
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Said courts, in the exercise of their criminal jurisdiction may punish for contempts as in the exercise of their civil jurisdiction, and the county courts shall possess, in this respect, the same powers as the circuit courts.History.—RS 2794; GS 3844; RGS 5939; CGL 8205; s. 3, ch…

Showing 1–50 of 1,219

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Fla. Stat. § 900.05 Criminal justice data collection

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(1) LEGISLATIVE FINDINGS AND INTENT.—It is the intent of the Legislature to create a model of uniform criminal justice data collection by requiring local and state criminal justice agencies to report complete, accurate, and timely data, and making such data available to the publi…

Fla. Stat. § 901.01 Judicial officers have committing authority

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Each state judicial officer is a conservator of the peace and has committing authority to issue warrants of arrest, commit offenders to jail, and recognize them to appear to answer the charge. He or she may require sureties of the peace when the peace has been substantially threa…

Fla. Stat. § 901.02 Issuance of arrest warrants

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(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 the judge with the judge’s…

Fla. Stat. § 901.04 Direction and execution of warrant

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Warrants shall be directed to all sheriffs of the state. A warrant shall be executed only by the sheriff of the county in which the arrest is made unless the arrest is made in fresh pursuit, in which event it may be executed by any sheriff who is advised of the existence of the w…

Fla. Stat. § 901.07 Admission to bail when arrest occurs in another county

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(1) When an arrest by a warrant occurs in a county other than the one in which the alleged offense was committed and the warrant issued, if the person arrested has a right to bail, the arresting officer shall inform the person of his or her right and, upon request, shall take the…

Fla. Stat. § 901.08 Issue of warrant when offense triable in another county

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(1) When a complaint before a trial court judge charges the commission of an offense that is punishable by death or life imprisonment and is triable in another county of the state, but it appears that the person against whom the complaint is made is in the county where the compla…

Fla. Stat. § 901.09 When summons shall be issued

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(1) When the complaint is for an offense that the trial court judge is empowered to try summarily, the trial court judge shall issue a summons instead of a warrant, unless she or he reasonably believes that the person against whom the complaint was made will not appear upon a sum…

Fla. Stat. § 901.10 How summons served

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A summons shall be served in the same manner as a summons in a civil action.History.—s. 10, ch. 19554, 1939; CGL 1940 Supp. 8663(10); s. 6, ch. 70-339.

Fla. Stat. § 901.11 Effect of not answering summons

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Failure to appear as commanded by a summons without good cause is an indirect criminal contempt of court and may be punished by a fine of not more than $100. When a person fails to appear as commanded by a summons, the trial court judge shall issue a warrant. If the trial court j…

Fla. Stat. § 901.12 Summons against corporation

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When a complaint of an offense is made against a corporation, the trial court judge shall issue a summons that shall set forth substantially the nature of the offense and command the corporation to appear before the trial court judge at a stated time and place.History.—s. 12, ch.…

Fla. Stat. § 901.14 Effect of failure by corporation to answer summons

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If, after being summoned, the corporation does not appear, a plea of not guilty shall be entered by the court having jurisdiction to try the offense for which the summons was issued, and the court shall proceed to trial and judgment without further process.History.—s. 14, ch. 195…

Fla. Stat. § 901.15 When arrest by officer without warrant is lawful

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A law enforcement officer may arrest a person without a warrant when:(1) The person has committed a felony or misdemeanor or violated a municipal or county ordinance in the presence of the officer. An arrest for the commission of a misdemeanor or the violation of a municipal or c…

Fla. Stat. § 901.1501 Immediate arrest of a person with a significant medical condition

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(1) As used in this section, the term “person with a significant medical condition” means a person who is a patient or resident of a hospital licensed under chapter 395, a nursing home facility licensed under part II of chapter 400, or an assisted living facility licensed under p…

Fla. Stat. § 901.1503 When notice to appear by officer without warrant is lawful

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1A law enforcement officer may give a notice to appear to a person without a warrant when the officer has determined that he or she has probable cause to believe that a violation of s. 509.144 has been committed and the owner or manager of the public lodging establishment in whic…

Fla. Stat. § 901.1505 Federal law enforcement officers; powers

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(1) As used in this section, the term “federal law enforcement officer” means a person who is employed by the Federal Government as a full-time law enforcement officer as defined by the applicable provisions of the United States Code, who is empowered to effect an arrest for viol…

Fla. Stat. § 901.151 Stop and Frisk Law

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(1) This section may be known and cited as the “Florida Stop and Frisk Law.”(2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation …

Fla. Stat. § 901.16 Method of arrest by officer by a warrant

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A peace officer making an arrest by a warrant shall inform the person to be arrested of the cause of arrest and that a warrant has been issued, except when the person flees or forcibly resists before the officer has an opportunity to inform the person, or when giving the informat…

Fla. Stat. § 901.17 Method of arrest by officer without warrant

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A peace officer making an arrest without a warrant shall inform the person to be arrested of the officer’s authority and the cause of arrest except when the person flees or forcibly resists before the officer has an opportunity to inform the person or when giving the information …

Fla. Stat. § 901.18 Officer may summon assistance

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A peace officer making a lawful arrest may command the aid of persons she or he deems necessary to make the arrest. A person commanded to aid shall render assistance as directed by the officer. A person commanded to aid a peace officer shall have the same authority to arrest as t…

Fla. Stat. § 901.19 Right of officer to break into building

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(1) If a peace officer fails to gain admittance after she or he has announced her or his authority and purpose in order to make an arrest either by a warrant or when authorized to make an arrest for a felony without a warrant, the officer may use all necessary and reasonable forc…

Fla. Stat. § 901.20 Use of force to effect release of person making arrest detained in building

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A peace officer may use any reasonable force to liberate himself or herself or another person from detention in a building entered for the purpose of making a lawful arrest.History.—s. 20, ch. 19554, 1939; CGL 1940 Supp. 8663(20); s. 9, ch. 70-339; s. 1464, ch. 97-102.

Fla. Stat. § 901.21 Search of person arrested

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(1) When a lawful arrest is effected, a peace officer may search the person arrested and the area within the person’s immediate presence for the purpose of:(a) Protecting the officer from attack;(b) Preventing the person from escaping; or(c) Discovering the fruits of a crime.(2) …

Fla. Stat. § 901.211 Strip searches of persons arrested; body cavity search

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(1) As used in this section, the term “strip search” means having an arrested person remove or arrange some or all of his or her clothing so as to permit a visual or manual inspection of the genitals; buttocks; anus; breasts, in the case of a female; or undergarments of such pers…

Fla. Stat. § 901.215 Search of person arrested for identifying device indicating a medical disability

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Every law enforcement officer, sheriff, deputy sheriff, or other arresting officer shall, when arresting any person who appears to be inebriated, intoxicated, or not in control of his or her physical functions, examine such person to ascertain whether or not the person is wearing…

Fla. Stat. § 901.22 Arrest after escape or rescue

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If a person lawfully arrested escapes or is rescued, the person from whose custody she or he escapes or was rescued or any other officer may immediately pursue and retake the person arrested without a warrant at any time and in any place.History.—s. 22, ch. 19554, 1939; CGL 1940 …

Fla. Stat. § 901.24 Right of person arrested to consult attorney

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A person arrested shall be allowed to consult with any attorney entitled to practice in this state, alone and in private at the place of custody, as often and for such periods of time as is reasonable.History.—s. 24, ch. 19554, 1939; CGL 1940 Supp. 8663(24); s. 13, ch. 70-339.

Fla. Stat. § 901.245 Interpreter services for deaf persons

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In the event that a person who is deaf is arrested and taken into custody for an alleged violation of a criminal law of this state, the services of a qualified interpreter shall be sought prior to interrogating such deaf person. If the services of a qualified interpreter cannot b…

Fla. Stat. § 901.25 Fresh pursuit; arrest outside jurisdiction

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(1) The term “fresh pursuit” as used in this act shall include fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It shall also include the pursuit of a person suspect…

Fla. Stat. § 901.252 Authority to patrol municipally owned or leased property and facilities outside municipal limits; taking into custody outside territorial jurisdiction

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(1) A duly constituted law enforcement officer employed by a municipality may patrol property and facilities which are owned or leased by the municipality but are outside the jurisdictional limits of the municipality, and, when there is probable cause to believe a person has comm…

Fla. Stat. § 901.26 Arrest and detention of foreign nationals

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Failure to provide consular notification under the Vienna Convention on Consular Relations or other bilateral consular conventions shall not be a defense in any criminal proceeding against any foreign national and shall not be cause for the foreign national’s discharge from custo…

Fla. Stat. § 901.28 Notice to appear for misdemeanors or violations of municipal or county ordinances; effect on authority to conduct search

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The issuance of a notice to appear shall not be construed to affect a law enforcement officer’s authority to conduct an otherwise lawful search, as provided by law.History.—s. 1, ch. 73-27; s. 7, ch. 85-77.

Fla. Stat. § 901.29 Authorization to take person to medical facility

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Even though a notice to appear is issued, a law enforcement officer shall be authorized to take a person to a medical facility for such care as appropriate.History.—s. 1, ch. 73-27.

Fla. Stat. § 901.31 Failure to obey written promise to appear

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Any person who willfully fails to appear before any court or judicial officer as required by a written notice to appear shall be fined not more than the fine of the principal charge or imprisoned up to the maximum sentence of imprisonment of the principal charge, or both, regardl…

Fla. Stat. § 901.35 Financial responsibility for medical expenses

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(1) Notwithstanding any other provision of law, the responsibility for paying the expenses of medical care, treatment, hospitalization, and transportation for any person ill, wounded, or otherwise injured during or at the time of arrest for any violation of a state law or a count…

Fla. Stat. § 901.36 Prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders

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(1) It is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or otherwise falsely identify himself or herself in any way, to the law enforcement officer or any county jail personnel. Except as provided in subsection…

Fla. Stat. § 901.41 Prearrest diversion programs

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(1) LEGISLATIVE INTENT.—The Legislature encourages local communities and public or private educational institutions to implement prearrest diversion programs that afford certain adults who fulfill specified intervention and community service obligations the opportunity to avoid a…

Fla. Stat. § 901.43 Dissemination of arrest booking photographs

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(1) Any person or entity engaged in the business of publishing through a publicly accessible print or electronic medium or otherwise disseminating arrest booking photographs of persons who have previously been arrested may not solicit or accept a fee or other form of payment to r…

Fla. Stat. § 902.15 Undertaking by witness

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When a defendant is held to answer on a charge for a crime punishable by death or life imprisonment, the trial court judge at the preliminary hearing may require each material witness to enter into a written recognizance to appear at the trial or forfeit a sum fixed by the trial …

Fla. Stat. § 902.17 Procedure when witness does not give security

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(1) If a witness required to enter into a recognizance to appear refuses to comply with the order, the trial court judge shall commit the witness to custody until she or he complies or she or he is legally discharged.(2) If the trial court judge requires a witness to give securit…

Fla. Stat. § 902.19 When prosecutor liable for costs

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(1) If a person makes a complaint before a county court judge that a crime has been committed and is recognized by the county court judge to appear before the court having jurisdiction to give evidence of the crime and fails to appear, the person is liable for all costs occasione…

Fla. Stat. § 902.20 Contempts before committing trial court judge

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A committing trial court judge holding a preliminary hearing shall have the same power to punish for contempts that she or he has while presiding at the trial of criminal cases.History.—RS 2795; GS 3845; RGS 5940; CGL 8206; s. 19, ch. 70-339; s. 1473, ch. 97-102; s. 28, ch. 2004-…

Fla. Stat. § 902.21 Commitment to jail in another county

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If a person is committed in a county where there is no jail, the committing trial court judge shall direct the sheriff to deliver the accused to a jail in another county.History.—s. 7, ch. 6213, 1911; RS 2879; GS 3938; RGS 6039; CGL 8340; s. 20, ch. 70-339; s. 29, ch. 2004-11.Not…

Fla. Stat. § 903.011 Pretrial release; general terms; statewide uniform bond schedule

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(1) As used in this chapter, the terms “bail” and “bond” include any and all forms of pretrial release.(2) Any monetary or cash component of any form of pretrial release may be met by a surety bond.(3) Differing monetary amounts may not be set for cash, surety, or other forms of …

Fla. Stat. § 903.02 Actions following denial; changes in bail conditions or bond amount; separation by charge or offense

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(1) If application for bail is made to an authorized court and denied, no court of inferior jurisdiction shall admit the applicant to bail unless such court of inferior jurisdiction is the court having jurisdiction to try the defendant.(2) No judge of a court of equal or inferior…

Fla. Stat. § 903.03 Jurisdiction of trial court to admit to bail; duties and responsibilities of Department of Corrections

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(1) After a person is held to answer by a trial court judge, the court having jurisdiction to try the defendant shall, before indictment, affidavit, or information is filed, have jurisdiction to hear and decide all preliminary motions regarding bail and production or impounding o…

Fla. Stat. § 903.035 Applications for bail; information provided; hearing on application for modification; penalty for providing false or misleading information or omitting material information

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(1)(a) All information provided by a defendant, in connection with any application for or attempt to secure bail, to any court, court personnel, or individual soliciting or recording such information for the purpose of evaluating eligibility for, or securing, bail for the defenda…