Florida Statute 775.11 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS

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F.S. 775.011

775.011 Short title; applicability to antecedent offenses.—

(1) This act shall be known and may be cited as the “Florida Criminal Code.”

(2) Except as provided in subsection (3), the code does not apply to offenses committed prior to October 1, 1975, and prosecutions for such offenses shall be governed by the prior law. For the purposes of this section, an offense was committed prior to October 1, 1975, if any of the material elements of the offense occurred prior thereto.

(3) In any case pending on or after October 1, 1975, involving an offense committed prior to such date, the provisions of the code involving any quasi-procedural matter shall govern, insofar as they are justly applicable, and the provisions of the code according a defense or mitigation or establishing a penalty shall apply only with the consent of the defendant.

History.—s. 1, ch. 74-383; s. 43, ch. 75-298; s. 484, ch. 81-259.

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Amendments to 775.011

Annotations, Discussions, Cases:

Cases Citing Statute 775.011

Total Results: 39

Joyner v. State

30 So. 2d 304, 158 Fla. 806, 1947 Fla. LEXIS 640

Supreme Court of Florida | Filed: Apr 29, 1947 | Docket: 3273259

Cited 98 times | Published

information presented under the provisions of Section 775.11 Fla. Statutes 1941, alleging that: "Jesse Joyner

Reino v. State

352 So. 2d 853

Supreme Court of Florida | Filed: Oct 27, 1977 | Docket: 1681745

Cited 84 times | Published

matter so as to fall within subsection (3) of Section 775.011, Florida Statutes (1975). We determined that

State v. Saunders

339 So. 2d 641

Supreme Court of Florida | Filed: Nov 12, 1976 | Docket: 2517076

Cited 56 times | Published

74-383 § 1, Laws of Florida, codified as Section 775.011, Florida Statutes (1975), the provisions of

Corn v. State

332 So. 2d 4

Supreme Court of Florida | Filed: Mar 19, 1976 | Docket: 1314222

Cited 25 times | Published

Laws, ch. 74-383 § 66. Pursuant to Fla. Stat. § 775.011(2) (1974 Supp.), prosecutions for "offenses committed

Berry v. State

400 So. 2d 80

District Court of Appeal of Florida | Filed: Jun 3, 1981 | Docket: 1263547

Cited 21 times | Published

that Judge Reasbeck breached a duty imposed by Section 775.11(3), Florida Statutes (1969), by failing to

Reynolds v. Cochran

138 So. 2d 500

Supreme Court of Florida | Filed: Feb 21, 1962 | Docket: 1404104

Cited 18 times | Published

with all of the procedural requirements of F.S. § 775.11, F.S.A., of our Habitual Offenders law. From the

Greene v. State

238 So. 2d 296

Supreme Court of Florida | Filed: Jul 30, 1970 | Docket: 552370

Cited 17 times | Published

provided in the following section." Fla. Stat. § 775.11 (1969), F.S.A. [18] 96 Fla. 768, 782, 119 So

Washington v. Mayo

91 So. 2d 621

Supreme Court of Florida | Filed: Dec 19, 1956 | Docket: 1332074

Cited 15 times | Published

six-year sentence. Petitioner asserts that under Section 775.11, Florida Statutes, F.S.A., the trial judge

State v. Nelson

36 So. 2d 427, 160 Fla. 744, 1948 Fla. LEXIS 853

Supreme Court of Florida | Filed: Jul 30, 1948 | Docket: 3276483

Cited 14 times | Published

General submits that the governing statute, Section 775.11, specifically provides for the filing of the

Glassman v. State

377 So. 2d 208

District Court of Appeal of Florida | Filed: Nov 13, 1979 | Docket: 1521736

Cited 13 times | Published

Casso v. State, 182 So.2d 252 (Fla. 2d DCA 1966); § 775.011(2), Fla. Stat. (1975); § 932.465(2), Fla. Stat

Shargaa v. State

102 So. 2d 814

Supreme Court of Florida | Filed: Apr 30, 1958 | Docket: 488279

Cited 13 times | Published

position to be supported by the language of Section 775.11, Florida Statutes, F.S.A., which provides the

Washington v. Mayo

77 So. 2d 620

Supreme Court of Florida | Filed: Jan 28, 1955 | Docket: 2519082

Cited 10 times | Published

distinction between conviction and sentence, section 775.11, we are of the opinion that the latter statute

Fitzgerald v. State

339 So. 2d 209

Supreme Court of Florida | Filed: Nov 4, 1976 | Docket: 1729485

Cited 8 times | Published

74-383, effective July 1, 1975. However, under Section 775.011, Florida Statutes (1975), Section 814.06 is

Barnhill v. State

41 So. 2d 329, 1949 Fla. LEXIS 752

Supreme Court of Florida | Filed: Jun 24, 1949 | Docket: 3274606

Cited 8 times | Published

of a felony. These statutes are followed by Section 775.11, which makes provision for an independent prosecution

Huffman v. State

611 So. 2d 2, 1992 WL 362144

District Court of Appeal of Florida | Filed: Dec 9, 1992 | Docket: 1699578

Cited 7 times | Published

capital felony the sexual battery of a child. § 775.011(2), Fla. Stat. (1991). In Buford v. State, 403

Lane v. State

337 So. 2d 976

Supreme Court of Florida | Filed: Sep 23, 1976 | Docket: 1735046

Cited 7 times | Published

its applicability to antecedent offenses in Section 775.011, Florida Statutes (1975): "(2) Except as provided

Wright v. State

291 So. 2d 118

District Court of Appeal of Florida | Filed: Mar 1, 1974 | Docket: 539857

Cited 7 times | Published

prescribing a life sentence as an habitual criminal, and § 775.11 related to the procedures to be followed in applying

Moore v. State

324 So. 2d 690

District Court of Appeal of Florida | Filed: Jan 14, 1976 | Docket: 1249075

Cited 5 times | Published

without complying with the procedures specified in § 775.11, which was in effect at the time of these sentences

McShay v. State

321 So. 2d 464

District Court of Appeal of Florida | Filed: Oct 10, 1975 | Docket: 1256303

Cited 4 times | Published

not follow the procedures outlined in Fla. Stat. § 775.11 (1975), which required the filing of a separate

Connolly, Jr. v. State

172 So. 3d 893, 2015 Fla. App. LEXIS 11352

District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679137

Cited 3 times | Published

until the murder was committed or attempted. See § 775.011, Fla. Stat. (“Whoever ... aids, abets, counsels

Moore v. State

343 So. 2d 601

Supreme Court of Florida | Filed: Feb 25, 1977 | Docket: 1303986

Cited 3 times | Published

failing to follow the procedure outlined in Section 775.11, Florida *602 Statutes (1973), which was in

Flarity v. State

527 So. 2d 295, 1988 WL 62670

District Court of Appeal of Florida | Filed: Jun 23, 1988 | Docket: 530005

Cited 2 times | Published

the habitual offender statute was enacted, section 775.11, Florida Statutes (1969) provided for the enhancement

Johnson v. State

292 So. 2d 426

District Court of Appeal of Florida | Filed: Mar 27, 1974 | Docket: 1511649

Cited 2 times | Published

predicated. This, we held, is required by F.S. § 775.11, F.S.A. 1971. It was not done here. In view of

Patel v. Kumar

196 So. 3d 468, 2016 Fla. App. LEXIS 9965, 2016 WL 3541019

District Court of Appeal of Florida | Filed: Jun 29, 2016 | Docket: 3088977

Published

776.032 is part of the Florida Criminal Code. § 775.011, Fla. Stat. (2008). As such, it is subject to

Lazarus v. State

412 So. 2d 54

District Court of Appeal of Florida | Filed: Apr 7, 1982 | Docket: 2563140

Published

State, 291 So.2d 118 (Fla. 2d DCA 1974), and section 775.11, Florida Statutes (1973) (which Wright relied

Harris v. State

352 So. 2d 1264, 1977 Fla. App. LEXIS 16896

District Court of Appeal of Florida | Filed: Dec 16, 1977 | Docket: 64561802

Published

former strictures of the recidivist statute (Section 775.11, Florida Statutes (1973), repealed effective

State v. Saunders

339 So. 2d 641, 1976 Fla. LEXIS 4602

Supreme Court of Florida | Filed: Nov 12, 1976 | Docket: 64555999

Published

74-383 § 1, Laws of Florida, codified as Section 775.011, Florida Statutes (1975), the provisions of

Pizarro v. State

330 So. 2d 789, 1976 Fla. App. LEXIS 15083

District Court of Appeal of Florida | Filed: Apr 30, 1976 | Docket: 64553446

Published

imprisonment. We are called on to construe Section 775.011(3), Florida Statutes, which became effective

Johnson v. State

322 So. 2d 644, 1975 Fla. App. LEXIS 18845

District Court of Appeal of Florida | Filed: Nov 26, 1975 | Docket: 64550577

Published

predicated. We based our ruling upon Fla.Stat. § 775.11 (1971) [repealed by § 66, Chapter 74—383, effective

Andrews v. State

316 So. 2d 296

District Court of Appeal of Florida | Filed: Aug 7, 1975 | Docket: 64548247

Published

prosecutions for such offenders as set forth in § 775.11, Florida Statutes, was not complied with. The

Wright v. State

291 So. 2d 129, 1974 Fla. App. LEXIS 7875

District Court of Appeal of Florida | Filed: Mar 8, 1974 | Docket: 64537608

Published

had in accordance with the provisions of F.S. § 775.11 and § 775.-084 F.S.A. The judgment appealed is

Jackson v. State

252 So. 2d 241, 1971 Fla. App. LEXIS 5965

District Court of Appeal of Florida | Filed: Jul 19, 1971 | Docket: 64521982

Published

recidivist information as provided by F.S. Section 775.11, F.S.A., appellant “knowingly and intelligently

Johnson v. State

229 So. 2d 13, 1969 Fla. App. LEXIS 6458

District Court of Appeal of Florida | Filed: Dec 10, 1969 | Docket: 64512352

Published

Sparkman v. State Prison Custodian, supra. Compare Section 775.11, F.S.1967, F.S.A. which provides such a procedure

Hernandez v. Wainwright

296 F. Supp. 591, 1969 U.S. Dist. LEXIS 10451

District Court, M.D. Florida | Filed: Jan 20, 1969 | Docket: 66052696

Published

case of the habitual criminal statute, Florida Statute 775.11, F.S.A., which has been held not to be

State v. Fernandez

156 So. 2d 400

District Court of Appeal of Florida | Filed: Sep 4, 1963 | Docket: 60215391

Published

the defendant; further that Florida Statute Section 775.11 governs and exclusively controls the procedure

State v. Curtis

152 So. 2d 754, 1963 Fla. App. LEXIS 3647

District Court of Appeal of Florida | Filed: Apr 19, 1963 | Docket: 60211854

Published

Shargaa v. State, supra, particularly Fla.Stat. § 775.11, F.S.A., expressly provided for a distinct proceeding

Milan v. State

102 So. 2d 595, 1958 Fla. LEXIS 1746

Supreme Court of Florida | Filed: Apr 11, 1958 | Docket: 60190030

Published

penalty for the last offense and is imposed under Section 775.11. Cross v. State, 119 So. 380, 96 Fla. 768;

McDaniel v. Mayo

79 So. 2d 519, 1955 Fla. LEXIS 3438

Supreme Court of Florida | Filed: Apr 13, 1955 | Docket: 64486723

Published

felony conviction under the provisions of F.S. § 775.11, F.S.A. The information on which he was tried

Ex Parte Cantrell

31 So. 2d 540, 159 Fla. 426, 1947 Fla. LEXIS 797

Supreme Court of Florida | Filed: Aug 1, 1947 | Docket: 3265271

Published

sentence in the case No. 27029, as required in Section 775.11 Florida Statutes 1941. "Now again on this day