October 31, 2020
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The Florida Statutes

The 2003 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 901
ARRESTS
View Entire Chapter
Section 901.09, Florida Statutes 2003

901.09  When summons shall be issued.--

(1)  When the complaint is for an offense that the magistrate is empowered to try summarily, the magistrate 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 summons, in which event the magistrate shall issue a warrant.

(2)  When the complaint is for a misdemeanor that the magistrate is not empowered to try summarily, the magistrate shall issue a summons instead of a warrant if she or he reasonably believes that the person against whom the complaint was made will appear upon a summons.

(3)  The summons shall set forth substantially the nature of the offense and shall command the person against whom the complaint was made to appear before the magistrate at a stated time and place.

History.--s. 9, ch. 19554, 1939; CGL 1940 Supp. 8663(9); s. 6, ch. 70-339; s. 1455, ch. 97-102.

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