Florida Statutes

Fla. Stat. § 1.04 (2025)

Statutory construction; amendatory acts passed at the same session.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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1.04 Statutory construction; amendatory acts passed at the same session.—Acts passed during the same legislative session and amending the same statutory provision are in pari materia, and full effect should be given to each, if that is possible. Language carried forward unchanged in one amendatory act, pursuant to s. 6, Art. III of the State Constitution, should not be read as conflicting with changed language contained in another act passed during the same session. Amendments enacted during the same session are in conflict with each other only to the extent that they cannot be given effect simultaneously.

History.—s. 1, ch. 74-153.

Notes of Decisions

Cited in 30 cases (7 in the last 5 years), 1969–2026 · leading case: Golf Channel v. Jenkins, 752 So. 2d 561 (Fla. 2000).

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Golf Channel v. Jenkins, 752 So. 2d 561 (Fla. 2000). · cites it 2× “; see also § 1.04, Fla.Stat. (1995) ("Acts passed during the same legislative session and amending the same statutory provision are in pari materia, and full effect should be given to each, if that is possible.”

Burdick v. State, 584 So. 2d 1035 (Fla. 1st DCA 1991). · cites it 2× “§ 1.04, Fla. Stat. (1989). Considering the above legislative changes in pari materia, I think it is entirely probable that the legislature, while removing habitual offender felony sentencing from the procedures provided for guideline sentencing, parole, and certain kinds of gain…”

Bradley v. State, 631 So. 2d 1096 (Fla. 1994). · cites it 2× “[1] As explained in section 1.04, Florida Statutes (1989): 1.”

City of Gainesville v. STATE, DOT, 778 So. 2d 519 (Fla. 1st DCA 2001). “(amending the charter of the City of Gainesville, and providing in Article I, section 1.04(2), that the city may "own, operate, or lease local public utilities, including: .”

Garcia v. Duffy, 492 So. 2d 435 (Fla. 2d DCA 1986). “4F Personal Injury: Actions, Defenses, Damages Masters and Servants § 1.04 (1982); see also, Jacksonville Journal Co.”

Comer v. Moore, 817 So. 2d 784 (Fla. 2002). · cites it 2× “1994), pursuant to section 1.04, Florida Statutes (2001) ("Statutory Construction"), enactments adopted in the same legislative session and amending the same statutory provision should be given full effect, be read in pari materia, and be construed in harmony to the extent…”

Pierre v. Handi Van, Inc., 717 So. 2d 1115 (Fla. 1st DCA 1998). · cites it 2× “See § 1.04, Fla. Stat. (1993). In applying this rule to the amended statute, we conclude that the legislature intended the added subsections to address chronologically the progression of a worker's injury from its initial occurrence through subsequent disputes.”

Gunite Works, Inc. v. Lovett, 392 So. 2d 910 (Fla. 1st DCA 1980). · cites it 2× “Section 1.04, Florida Statutes (1979), provides that amendatory acts passed in the same legislative session are to be read in pari materia and "full effect is to be given to each, if that is possible.”

Loxahatchee River Env't Control Dist. v. Mann, 403 So. 2d 363 (Fla. 1981). · cites it 2× “(1979); Ch. 71-822, § 6, Laws of Fla., as amended by Ch.”

Bradford v. State, 740 So. 2d 569 (Fla. 4th DCA 1999). · cites it 2× “1950); see also § 1.04, Fla. Stat. (1997). When reading subsection (8) in pari materia with subsection (1)(a), it becomes obvious that the legislature in enacting subsection (8) intended to punish only solicitations made for the sole purpose of defrauding that patient's PIP…”

Betancourt v. State, 650 So. 2d 1021 (Fla. 3d DCA 1995). “, Art of Advocacy-Jury Selection § 1.04[3] (1992). Because Garcia's status as a foreman and "leader" thus constitutes a legitimate, obviously "race-neutral" reason for the challenge, [5] the trial court abused its discretion in seating him for this reason as well.”

City of North Lauderdale v. SMM Props., Inc., 825 So. 2d 343 (Fla. 2002). “The City points to the Fire Rescue Assessment Ordinance (the Ordinance): Section 1.04. Legislative Determinations of Special Benefit.”

Show all 30 citing cases →

— 1.04(1) — 1 case

Alonso v. Leahy, 530 So. 2d 1076 (Fla. 3d DCA 1988).

— 1.04(2) — 1 case

— 1.04(A) — 2 cases

Bell v. Comm'r of Soc. Sec. (M.D. Fla. 2020).

Johns v. Comm'r of Soc. Sec. (M.D. Fla. 2022).

— 1.04(d) — 1 case

In re Sagamore Partners, Ltd., 512 B.R. 296 (S.D. Fla. 2014).

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