Florida Statutes
Fla. Stat. § 775.02 (2025)
Punishment of common-law offenses.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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775.02 Punishment of common-law offenses.—When there exists no such provision by statute, the court shall proceed to punish such offense by fine or imprisonment, but the fine shall not exceed $500, nor the imprisonment 12 months.
History.—s. 1, Nov. 6, 1829; RS 2370; GS 3195; RGS 5025; CGL 7127; s. 76, Feb. 10, 1832.
Arrestable Offenses under F.S. 775.02
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§775.02PUBLIC ORDER CRIMESCOMMON LAW OFFENSES
Notes of Decisions
Cited in 41
cases, 1960–2017 · leading case: Clayton v. Willis, 489 So. 2d 813 (Fla. 5th DCA 1986).
Clayton v. Willis, 489 So. 2d 813 (Fla. 5th DCA 1986). “ 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.”
Toye v. State, 133 So. 3d 540 (Fla. 2d DCA 2014). “§ 775.02, Fla. Stat. (2013). There is little case law addressing this statute.”
Aaron v. State, 284 So. 2d 673 (Fla. 1973). “The comparable Florida statute, Fla. Stat. § 775.02 , F.S.A., provides a similar limitation of one year and a fine of 0, but limits its applications, solely to common law crimes.”
State v. Egan, 287 So. 2d 1 (Fla. 1973). “[20] Lastly, we point out that, upon remand of this cause, and subsequent trial, appellee, should he be convicted as charged, would be subject to the penalty provisions of Section 775.02, Florida Statutes, F.S.A., pertaining to punishment of common law offenses: "When there…”
Swain v. State, 226 So. 3d 250 (Fla. 4th DCA 2017). “We need not address whether the trial court could have increased the penalty for the first charge of direct criminal contempt after the follow-up action, as the court had already imposed the maximum penalty permitted trader section 775.02, Florida Statutes (2016).”
State v. Barquet, 262 So. 2d 431 (Fla. 1972). “Abortions must now be punished as a common law offense as provided in Fla. Stat. § 775.02 , F.S.A., which is hardly adequate under present day standards to properly protect society.”
Thomas A. Edison Coll., Inc. v. STATE BD., ETC., 411 So. 2d 257 (Fla. 4th DCA 1982). “Section 775.02, Florida Statutes (1927) provides that when no maximum punishment is provided by statute for criminal conduct, punishment shall not exceed one year's imprisonment and 0.”
Rimondi v. State, 89 So. 3d 1059 (Fla. 4th DCA 2012). “Even if the exception under section 775.02 l(4)(b)3 were inapplicable, convictions under both statutes in this case would constitute a double jeopardy violation because the two offenses are not "separate” offenses as defined in section 775.”
Johnson v. State, 584 So. 2d 95 (Fla. 1st DCA 1991). “The Aaron court then concluded that "criminal contempt is a crime under Florida law," and it cited section 775.02 which provides that when no maximum punishment is prescribed, the maximum punishment shall not exceed one year imprisonment or a fine of five hundred dollars.”
B.H. v. State, 645 So. 2d 987 (Fla. 1994). “Accord § 775.02, Fla.Stat. (1989) (no common law crime may be treated as- a felony).”
Moorman v. Bentley, 490 So. 2d 186 (Fla. 2d DCA 1986). “§ 775.02, Fla. Stat. (1985). The statutory definition of a misdemeanor contains the same limitation.”
Ramirez v. State, 113 So. 3d 105 (Fla. 5th DCA 2013). “02 l(4)(a), Florida Statutes (2009), states: Whoever, in the course of one criminal transaction or episode, commits an act or acts which constitute one or more separate criminal offenses, upon conviction and adjudication of guilt, shall be sentenced separately for each criminal…”
— 775.02(4)(b)(2) — 1 case
Duff v. State, 942 So. 2d 926 (Fla. 5th DCA 2006).
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