Florida Warrant Search

Are Warrants Public Records in Florida?

Yes. Under Chapter 119 of the Florida Statutes, most records created by government institutions in the course of public service are deemed public records. This includes Florida criminal records, encompassing Florida warrants, arrest records, police reports, and other documents pertaining to the apprehension and prosecution of state residents. It is worth noting that not all warrants may be available to the public. Active warrants and those relating to an ongoing investigation may be exempt from public disclosure, especially if they are determined to have the potential to endanger the life and safety of the persons involved.

Warrants issued in Florida usually feature the personal data of the wanted person, including their first name, eye color, approximate weight and height, and their city or county of residence. If a wanted notice is listed on the department's website, additional warrant information may be included, such as the nature of the offense and an appeal to the public to report sightings of the individual.

What is Considered a Warrant in Florida?

A warrant authorizes law enforcement agents to arrest, search, detain, or carry out any other action that would otherwise be an infringement of a person’s rights. In Florida, judges typically issue warrants for different reasons relating to law enforcement for justice administration.

Florida courts issue different types of warrants depending on each case’s requirement. Common types of warrants are arrest, search, bench, and violation of probation warrants. Other types of warrants are complaint warrants, failure to appear warrants, child support arrest warrants, failure to pay warrants, execution warrants, and tax warrants. These warrants may authorize law enforcement agents to arrest and detain persons or seize such persons’ property.

As provided by Florida Statutes, a judge may issue a warrant after examining available complaints and proofs and determining that there is probable cause to issue a warrant. This means that a judge must determine that there are valid reasons to issue the warrant. Any law enforcement officer who requests or requires a warrant must show probable cause to the judge.

How to Find Out if You Have a Warrant in Florida?

Florida courts and law enforcement agents do not typically issue notices for warrants. Therefore, anyone who has reasons to believe they have a warrant in Florida may conduct a Florida Warrant Search. Interested parties may conduct Florida warrant searches in the following ways:

• Florida Department of Law Enforcement (FDLE) Warrant Search
• Clerk of Court or county website search
• Contact the Clerk of Court
• Sheriff’s Office website search
• Through a bail bondsman or an experienced criminal attorney

Conducting an FDLE warrant search is easy and free. Requesting parties must visit the FDLE website and use the Florida Crime Information Center’s Wanted Persons search tool. Requesting parties may conduct the search using the subject’s first and last names, gender, race, or birth date. FDLE updates the information on the FCIC database every day.

Interested persons may also visit specific Clerks of Court, county websites, or Sheriff’s Office websites to find warrants. Some of these websites offer search portals where requesting parties may search for warrants using case numbers, names, gender, race, gender, and date of birth. An example of these websites is the Hillsborough County Sheriff’s Office website, which has a warrant inquiry tool. For the contact details and the website of other Sheriff Departments in the state, use the FDLE Sheriff’s Office Directory.

Alternatively, interested persons may find existing warrants by contacting the Clerk of Court in the county where such persons live. Going through a bail bondsmen or experienced criminal attorney is quite helpful as they know how best to handle warrants if any exist.

Records of warrants issued or executed in various jurisdictions are also maintained and by third-party websites. While third-party sites make accessing these records substantially easier, the information available on the sites may vary since they are not government run sources. To obtain warrant records from a third-party site, the requesting party may be required to provide:

• The personal information of the alleged suspect
• Information regarding the issuing officer
• The location where the warrant was issued.

How Long Does a Warrant Stay Active in Florida?

There are no statutes of limitations for most Florida warrants. Some warrants are active even after the statutes of limitations for the violation or crime for which the court issues the warrant. This means, for example, that law enforcement agents can arrest a person for a felony offense even after the statutes of limitation for the crime have passed. Florida warrants only become inactive if a judge calls off the warrant or if the warrant’s subject resolves it in court. Waiting out a warrant or moving out of state will not make the warrant expire.

To avoid unexpected arrests, delays, or other complications, it is best for persons who have outstanding warrants to answer or resolve the warrants as soon as possible. Depending on the type of warrant and the case involved, an attorney may be able to petition the court to dismiss a warrant successfully. Persons interested in finding out whether they have Florida arrest warrants may conduct quick and free searches on the FDLE website or Court Clerk websites.

How Long Does It Take to Get a Warrant in Florida?

There is no specified length of time for getting a warrant in Florida. Rule 3.120 of the Florida Rules of Criminal Procedure governs the issuance of warrants in Florida. This rule permits a judge to issue a warrant based on an affidavit or sworn testimony establishing the warrant's grounds. When issuing a warrant, it is necessary to consider the time it takes law enforcement officers to gather the necessary evidence, the time it takes to prepare and present it to a judge, the judge's availability to review the affidavit and issue the warrant, and the complexity of the case. In simple cases, a warrant may be issued within a few hours, whereas complex cases may take several days or even longer.

How Do Search Warrants Work in Florida?

A Florida search warrant is a legal document that authorizes law enforcement agents and process executors such as sheriffs, sheriff’s deputies, and police officers to search a person or property. The search warrant also allows law enforcement agents to bring the property or persons named in the warrant before the judge that signed the warrant or a court that has jurisdiction to hear the case. As with other types of warrants, the requesting officer must show reasonable cause for the judge to issue a search warrant.

The requesting officer must swear an affidavit before the judge in order to ensure the protection of the subject’s Fourth Amendment rights. This law protects people against unreasonable seizures and searches, protecting the rights of people to be safe in their homes and person. The affidavit must contain reasonable grounds or probable cause for the issuance of a search warrant. Under Chapter 933 of the Florida Statutes, any judge in Florida can issue a Florida search warrant on if:

• The property contains evidence of a felony crime.
• Florida’s animal cruelty laws were violated in the property
• The property is embezzled or stolen
• The property contains evidence of or is used to commit sexual cyber harassment
• The property was used to commit any crime, including child abuse offenses
• The property was used in connection with gambling appliances or gambling
• The private residence was used for commercial purposes
• The property held or owned is in violation of
  • Intoxicating liquor manufacture, sale, possession, and transportation laws.
  • Fish and game laws
  • Citrus disease laws
  • Food and drug laws
  • Obscene print and literature laws

How Does a Florida Search Warrant Become Invalid?

In the issuance of a Florida search warrant, all involved parties must follow the prescribed state rules. Otherwise, the search warrant may be invalid, or the defendant may petition the court to dismiss the warrant. A judge is the only person that Florida state laws authorize to issue search warrants; therefore, search warrants must have a judge’s signature, name, and office. Additionally, requesting officers must accompany requests for search warrants with affidavits. Florida laws prohibit blank search warrants, requesting officers must name and describe the person or property to be searched on the warrant. Only officers named on a warrant can execute the warrant. The named officers can execute the warrant at any time of day or night.

Arrest Warrant in Florida: Rules of Procedure

Arrest warrants authorize the bearer, typically a sheriff, to arrest and detain the person named on the warrant at any time on any day. Courts issue arrest warrants in connection to crimes. According to Chapter 901 of the Florida State statutes, a judge must first examine the available complaints and proofs to determine whether there is probable cause to issue the arrest warrant. A judge may issue an arrest warrant after a jury indicts the subject or after a requesting officer demonstrates probable cause. The grounds on which a judge may issue a Florida arrest warrant are:

• An officer files a complaint about a misdemeanor charge
• The summons issued to the defendant is returned to the court without service

The requesting officer must sign an affidavit to support the warrant. The arrest warrant must also bear the judge’s signature and office. It is important to note that Florida laws permit law enforcement agents to arrest suspects without a warrant under certain circumstances, such as:

• When the suspect commits an offense in the arresting officer’s presence
• If the officer has reason to believe the suspect committed a felony
• When the court has issued a warrant for the suspect’s arrest to another officer
• When the suspect has violated the state Motor Vehicle Code
• When the arresting officer has probable cause to believe that the suspect has committed an act of domestic violence or child abuse

Child Support Arrest Warrants in Florida: What You Need to Know

Courts issue child support arrest warrants against parents who refuse or fail to make child support payments. When the court orders or approves child support payments, non-compliant payments may be found in contempt of court, as such parents violate a court order. The Florida Child Support Program or a custodial parent may file legal action against the non-compliant parent to enforce the child support order.

When there is legal action against a non-compliant parent, the court sets a hearing date where all case parties must be present. If the non-compliant parent fails to appear in court at the scheduled hearing, the court may issue a warrant for the parent’s arrest. Law enforcement agents can execute child support arrest warrants at any time and anywhere. Non-compliant parents may face fines and jail time or other consequences such as wage garnishment and driver’s license suspension.

Florida Bench Warrants: Issuing and Arrests

A Florida bench warrant is a type of arrest warrant which judges issue for the arrest of persons who fail to appear in court or who miss court hearings without notice. Florida courts issue two types of bench warrants, depending on the type of offense involved in the failure to appear. If the offense involved is a misdemeanor, the court issues a bench warrant. If the failure to appear involves a felony, the court issues an alias capias. Persons arrested on alias capias warrants may not be able to post bail. Bench warrants authorize law enforcement officers to arrest the person named on the warrant as soon as the person is identified. Persons with bench warrants may contact lawyers for advice on how best to resolve the warrant.

Failure to Appear in Florida: Rules and Consequences

Failing to appear in court is a serious offense in Florida. The court penalizes persons who miss scheduled court hearings without prior notice to the court and without sufficient reason. The circumstances where a person may be guilty of Failure to Appear are as follows:

• Failure to appear for a trial: This occurs when a defendant misses a trial. The court may continue the trial without the party - that is, a trial in absentia. The court may also deliver a conviction without the missing party’s defense.
• Failure to appear in a civil court hearing: Failure to appear in civil hearings, such as small claims suits, divorce, and other civil cases, may result in a default judgment against the defendant in favor of the plaintiff. If the plaintiff fails to appear, the court may dismiss the case.
• Failure to appear in a criminal court: It means missing pre-trial hearings is a criminal offense in Florida. The court may issue an arrest warrant for persons who fail to appear in criminal courts. Additionally, such a person may not be eligible to post bail after arrest. This means that the party will be detained until the resolution or conclusion of the case.
• Failure to appear after summons: The court summons people to appear as witnesses in civil or criminal cases. If such parties refuse to obey the court’s subpoena, the court may issue a warrant for the parties’ arrest.
• Failure to appear after bond: Persons who fail to appear in court after being released on bail in relation to a misdemeanor or felony offense may be charged to court for failing to appear. Failing to appear after posting bail for a misdemeanor offense is a first-degree misdemeanor in Florida. If the offense under trial is a felony, then failing to appear after posting bail is a third-degree felony in Florida.

How Long Do You Have to Stay in Jail for a Warrant for Missing Court in Florida?

The jail sentence for missing court or failure to appear depends on the type of case the person is a party to. The court issues bench warrants for the arrest of persons who fail to appear in court after posting bail. According to Chapter 843.15 of the Florida State Statutes, such a person may forfeit bail and remain in detention until the end of the case. Additionally, the person will be guilty of a criminal offense in Florida. If the person was released on bail in connection to a misdemeanor, the person is guilty of a first-degree misdemeanor. The penalty for first-degree misdemeanors in Florida is a fine of up to $1,000 and a jail term of up to 12 months. Failure to appear is a third-degree felony in Florida if:

• The person was arrested and released on bail in connection to a felony offense.
• The person missed court or failed to appear while awaiting a sentence
• The person failed to appear after a conviction while the sentence was under review by certiorari

Florida penalizes third-degree felony offenses with fines of up to $5,000 and jail terms of up to five (5) years.

Failure to Pay in Florida: How It Works

Failure to make court-ordered payments in Florida, such as child support, fines, or civil penalties, can result in serious consequences. The court may enforce payment through different means. It is also important to note that willful refusal to pay court-ordered fees is contempt of court, which can result in jail terms, fines, and suspension of the offender’s driver’s license. Other consequences include:

• Suspension of professional licenses
• Property lien
• Bank account seizure
• Paycheck and compensation withholding

No-Knock Warrant in Florida: General Laws

A no-knock warrant authorizes the bearer to enter a property without ringing the doorbell, knocking, or otherwise notifying the occupants of the property. Following the Supreme Court’s decision in the State vs. Bamber case of 1994, Florida does not issue no-knock warrants. However, Florida police may execute no-knock warrants if:

• The occupants of the property are aware of the police presence with a search warrant.
• The arresting officers have reason to believe that the occupants of the property are in imminent danger.
• The arresting officers have reason to believe that the occupants of the building are destroying evidence or attempting to escape.
• Knocking may increase the possibility of danger to the arresting officer.

How to Perform a Federal Warrant Search

There isn't a national public online database that allows inquirers to search for federal warrants. Federal warrants, unlike state or county warrants, are issued across states for various reasons, such as immigration or interstate crime. These are generally managed by federal law enforcement agencies, including the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), or the United States Marshals Service. Inquirers in search of a federal warrant should contact the federal district court in the area where the warrant may have been issued. For Florida, this would be either the United States District Court for the Northern District of Florida, the US District Court for the Middle District of Florida, or the Southern District of Florida District Court.

Does Florida DMV Check for Warrants?

Yes. The Florida Department of Motor Vehicles (DMV) may access the National Crime Information Center (NCIC) or other databases since a routine background check is required for issuing driver's license or registering a vehicle. A warrant may be discovered during this process. If an outstanding warrant is found, the Florida DMV may notify law enforcement agencies, which could lead to the individual's arrest.