Florida Statutes
Fla. Stat. § 775.01 (2025)
Common law of England.
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775.01 Common law of England.—The common law of England in relation to crimes, except so far as the same relates to the modes and degrees of punishment, shall be of full force in this state where there is no existing provision by statute on the subject.
History.—s. 1, Nov. 6, 1829; s. 1, Feb. 10, 1832; RS 2369; GS 3194; RGS 5024; CGL 7126.
Notes of Decisions
Cited in 29
cases (4 in the last 5 years), 1958–2025 · leading case: Clayton v. Willis, 489 So. 2d 813 (Fla. 5th DCA 1986).
Clayton v. Willis, 489 So. 2d 813 (Fla. 5th DCA 1986). “See § 775.01, Fla. Stat. (1985). But that common law cannot be inconsistent with the Constitution of the United States or of Florida.”
State v. Egan, 287 So. 2d 1 (Fla. 1973). “By Fla. Stat. § 775.01 , F.S.A., the common law of England in relation to crimes, except as to the modes and degrees of punishment, is of full force where there is no existing provision by statute on the subject.”
Bottoson v. Moore, 833 So. 2d 693 (Fla. 2002). “§ 775.01, Fla. Stat. (2001). [44] See, e.”
Toye v. State, 133 So. 3d 540 (Fla. 2d DCA 2014). “See § 775.01; Hepburn v. Chapman, 109 Fla. 133 , 149 So.”
Perkins v. State, 576 So. 2d 1310 (Fla. 1991). “§ 775.01, Fla. Stat. (1989). In effect, very little if any of the common law of crimes remains in force, because Florida's extensive criminal code has largely displaced it.”
Hutchinson v. State, 315 So. 2d 546 (Fla. 2d DCA 1975). “As to these facts disclosed in the record, we note that appellant could have been charged with the crime of common law solicitation under Fla. Stat. § 775.01 (1973), which makes the common law of England in relation to crimes applicable in Florida where there is no existing…”
State v. McDonald, 785 So. 2d 640 (Fla. 2d DCA 2001). “03(1) prohibits an intentional act that could reasonably be expected to result in physical or mental injury to a child.”
Thomas v. State, 584 So. 2d 1022 (Fla. 1st DCA 1991). “Although the "common law of England in relation to crimes, except so far as the same relates to the modes and degrees of punishment, shall be of full force in this state where there is no existing provision by statute on the subject," § 775.01, Fla. Stat. (1989), since the…”
Parkin v. State, 238 So. 2d 817 (Fla. 1970). “By Fla. Stat. § 775.01 , F.S.A., the common law of England in relation to crimes, except as to the modes and degrees of punishment, is of full force where there is no existing provision by statute on the subject.”
State v. SCM Glidco Organics Corp., 592 So. 2d 710 (Fla. 1st DCA 1991). “01, Florida Statutes, to be unconstitutionally vague after making a preliminary finding that the section superseded the common law and that Section 775.01, Florida Statutes [2] , therefore prohibited reference to the common law of nuisance to supply a definition of nuisance as…”
Johnson v. State, 584 So. 2d 95 (Fla. 1st DCA 1991). “State, supra , the supreme court observed that the common law crimes of England are crimes in Florida under section 775.01, Florida Statutes. The Aaron court then concluded that "criminal contempt is a crime under Florida law," and it cited section 775.”
Merckle v. State, 529 So. 2d 269 (Fla. 1988). “(1981); and misbehavior in office, § 775.01, Fla. Stat. (1981). [2] The trial judge set out the reasons for departure in narrative form.”
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