Florida Statute 775.011 | Lawyer Caselaw & Research

The 2024 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

Arrestable Offenses / Crimes under Fla. Stat. 775.011

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 775.011.

Annotations, Discussions, Cases:

Cases Citing Statute 775.011

Total Results: 20

Patel v. Kumar

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-29T00:00:00-07:00

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

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

Connolly, Jr. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-29T00:00:00-07:00

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

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

Huffman v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1992-12-08T23:53:00-08:00

Citation: 611 So. 2d 2

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

Flarity v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1988-06-23T00:53:00-07:00

Citation: 527 So. 2d 295

Snippet: habitual offender statute was enacted, section 775.11, Florida Statutes (1969) provided for the enhancement… (1969)) convictions of a felony. Under section 775.11, Florida Statutes (1969), the state attorney was…and 775.10 were repealed in 1971, while section 775.11 was repealed in 1974. [7] The facts "enhancing

Belitz v. Riebe

Court: Fla. Dist. Ct. App. | Date Filed: 1986-09-11T00:00:00-07:00

Citation: 495 So. 2d 775, 11 Fla. L. Weekly 1958, 1986 Fla. App. LEXIS 9632

Snippet: Cowart, Upchurch 11 September 1986 495 So. 2d 775, 11 Fla. L. Weekly 1958, 1986 Fla. App. LEXIS 9632

Monihon v. Monihon

Court: Fla. Dist. Ct. App. | Date Filed: 1986-08-06T00:00:00-07:00

Citation: 492 So. 2d 775, 11 Fla. L. Weekly 1731, 1986 Fla. App. LEXIS 9242

Snippet: Grimes, Scheb, Schoonover 6 August 1986 492 So. 2d 775, 11 Fla. L. Weekly 1731, 1986 Fla. App. LEXIS 9242

Lazarus v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1982-04-06T23:53:00-08:00

Citation: 412 So. 2d 54

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

Berry v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1981-06-03T00:53:00-07:00

Citation: 400 So. 2d 80

Snippet: Judge Reasbeck breached a duty imposed by Section 775.11(3), Florida Statutes (1969), by failing to call…commission negligently failed to comply with Section 775.11(3), Florida Statutes (1969), which requires that

Andrews v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1980-10-24T00:53:00-07:00

Citation: 392 So. 2d 270

Snippet: the "Florida Criminal Code", Sections 775.011 et seq., Florida Statutes (Ch. 74-383, Laws of

Glassman v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1979-11-12T23:53:00-08:00

Citation: 377 So. 2d 208

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

Harris v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1977-12-16T00:00:00-08:00

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

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

Reino v. State

Court: Fla. | Date Filed: 1977-10-27T00:53:00-07:00

Citation: 352 So. 2d 853

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

Moore v. State

Court: Fla. | Date Filed: 1977-02-24T23:53:00-08:00

Citation: 343 So. 2d 601

Snippet: failing to follow the procedure outlined in Section 775.11, Florida *602 Statutes (1973), which was in effect…amended by Ch. 75-24, Laws of Florida.) Section 775.11 reads as follows: "Procedure in prosecutions…, holding that "the former strictures of § 775.11, requiring the full panoply of information, arraignment…while conceding that the procedures under Section 775.11 "may well be archaic and cumbersome,"…recidivist statute in force." Since Section 775.11 had not been repealed, the court decided that the

State v. Saunders

Court: Fla. | Date Filed: 1976-11-12T00:00:00-08:00

Citation: 339 So. 2d 641

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

State v. Saunders

Court: Fla. | Date Filed: 1976-11-12T00:00:00-08:00

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

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

Fitzgerald v. State

Court: Fla. | Date Filed: 1976-11-03T23:53:00-08:00

Citation: 339 So. 2d 209

Snippet: effective July 1, 1975. However, under Section 775.011, Florida Statutes (1975), Section 814.06 is still…still applicable to petitioner's case. Section 775.011(2), Florida Statutes (1975), provides: (2) Except

Lane v. State

Court: Fla. | Date Filed: 1976-09-23T00:53:00-07:00

Citation: 337 So. 2d 976

Snippet: falls within Section 775.011(2), Florida Statutes (1975), rather than Section 775.011(3), Florida Statutes…applicability to antecedent offenses in Section 775.011, Florida Statutes (1975): "(2) Except as provided

Pizarro v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1976-04-30T00:00:00-07:00

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

Snippet: imprisonment. We are called on to construe Section 775.011(3), Florida Statutes, which became effective on…repealed effective 1 July 1975. On that date, Section 775.011(2), Florida Statutes, became effective. It provides… argues that if only the provisions of Section 775.011(2), Florida Statutes, were applicable, the court…him. But, because of the provisions of Section 775.011(3), Florida Statutes, the trial court erred, because… imposed by the court were governed by Section 775.-011(2), Florida Statutes. The judgment of conviction

Corn v. State

Court: Fla. | Date Filed: 1976-03-18T23:53:00-08:00

Citation: 332 So. 2d 4

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

Moore v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1976-01-13T23:53:00-08:00

Citation: 324 So. 2d 690

Snippet: without complying with the procedures specified in § 775.11, which was in effect at the time of these sentences…1974), we conceive that the former strictures of § 775.11, requiring the full panoply of information, arraignment…adjudication and sentence for the subsequent offense. Sec. 775.11(1) was designed to afford an opportunity for the…quot; for the subsequent offense. The repeal of § 775.11, F.S. 1973, effective October 1, 1975, evidences…with due process of law independent of former § 775.11. In our recent decision in Andrews v. State, 316