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Florida Statute 775.02 | Lawyer Caselaw & Research
F.S. 775.02 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 775.02

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS
View Entire Chapter
F.S. 775.02
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.

F.S. 775.02 on Google Scholar

F.S. 775.02 on Casetext

Amendments to 775.02


Arrestable Offenses / Crimes under Fla. Stat. 775.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

S775.02 - PUBLIC ORDER CRIMES - COMMON LAW OFFENSES - M: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

SWAIN, v. STATE, 226 So. 3d 250 (Fla. Dist. Ct. App. 2017)

. . . the follow-up action, as the court had already imposed the maximum penalty permitted trader section 775.02 . . .

GEMS, v. STATE, 188 So. 3d 42 (Fla. Dist. Ct. App. 2016)

. . . See § 775.02, Fla. . . .

TWINE, v. STATE, 188 So. 3d 44 (Fla. Dist. Ct. App. 2016)

. . . See § 775.02, Fla. . . .

M. TOYE, v. STATE, 133 So. 3d 540 (Fla. Dist. Ct. App. 2014)

. . . . § 775.02, Fla. Stat. (2013). There is little case law addressing this statute. . . . The supreme court has never determined whether section 775.02 applies only to common law crimes. . . . In earlier codifications, it appears that the context of what is now section 775.02 was immediately preceded . . . Sections 775.01 and 775.02 are now separated by other statutory provisions. . . . But when the two sections are read back to back, the words "no such provision” in section 775.02 appear . . .

RAMIREZ, v. STATE, 113 So. 3d 105 (Fla. Dist. Ct. App. 2013)

. . . Section 775.02 l(4)(a), Florida Statutes (2009), states: Whoever, in the course of one criminal transaction . . .

HARE, v. STATE Of v. Of, 114 So. 3d 252 (Fla. Dist. Ct. App. 2013)

. . . Section 775.02 l(4)(a), Florida Statutes (2009), states: Whoever, in the course of one criminal transaction . . .

RIMONDI, v. STATE, 89 So. 3d 1059 (Fla. Dist. Ct. App. 2012)

. . . Even if the exception under section 775.02 l(4)(b)3 were inapplicable, convictions under both statutes . . .

LOTT, v. STATE, 74 So. 3d 556 (Fla. Dist. Ct. App. 2011)

. . . Subsequent amendments renumbered section 775.021(4) to 775.02 l(4)(a) and added section 775.021(4)(b) . . .

THOMAS, v. STATE, 61 So. 3d 1157 (Fla. Dist. Ct. App. 2011)

. . . WEBSTER, and DAVIS, JJ., concur. .Section 775.02 l(4)(b), Florida Statutes (2006), provides that it is . . .

SCHAAB, a k a v. STATE, 33 So. 3d 763 (Fla. Dist. Ct. App. 2010)

. . . Section 775.02, Florida Statutes (2008), provides that when there exists no statutory provision for a . . .

M. DUFF, v. STATE, 942 So. 2d 926 (Fla. Dist. Ct. App. 2006)

. . . The “Degree Variants” Exception Section 775.02(4)(b)(2) provides an exception to the Legislature’s intent . . .

SARIDAKIS, v. STATE, 936 So. 2d 33 (Fla. Dist. Ct. App. 2006)

. . . Section 775.02 of the Florida Statutes, F.S.A., provides that when no maximum punishment is prescribed . . . See §§ 775.01, 775.02, Fla. Stat.; Aaron, 284 So.2d at 676. . . . any misdemeanor not declared by statute to be of the first degree is of the second degree) to section 775.02 . . . sixty days for any common law offense and the twelve-month maximum sentence contemplated under section 775.02 . . . Thus, this court must assume the legislature intended sections 775.081(2) and 775.02 to operate coexten-sively . . .

LOPEZ- VAZQUEZ, v. STATE, 931 So. 2d 231 (Fla. Dist. Ct. App. 2006)

. . . The first exception provided in section 775.02 l(4)(b) simply repeats the Blockburger same elements test . . .

J. GRAVES, v. STATE, 821 So. 2d 459 (Fla. Dist. Ct. App. 2002)

. . . See § 775.02, Fla. Stat. . . .

R. KRAMER, v. STATE, 800 So. 2d 319 (Fla. Dist. Ct. App. 2001)

. . . Section 775.02, Florida Statutes (1999), states: “When there exists no such provision by statute, the . . .

GORDON, v. STATE, 744 So. 2d 1112 (Fla. Dist. Ct. App. 1999)

. . . even if only one act is involved. (2) The legislature does not intend that (renumbered) subsection 775.02 . . .

BURK, v. WASHINGTON,, 713 So. 2d 988 (Fla. 1998)

. . . In such a situation, section 775.02, Florida Statutes (1973), provided that imprisonment could not exceed . . .

BLALOCK, v. RICE,, 707 So. 2d 738 (Fla. Dist. Ct. App. 1997)

. . . See §§ 38.22, 775.02, Fla. Stat. (1995); see also Moorman v. . . . See id.; see also § 775.02; Bentley, 490 So.2d at 187. . . .

STATE v. ADAMS,, 683 So. 2d 517 (Fla. Dist. Ct. App. 1996)

. . . of Florida, it is no longer treated as a felony but instead is punishable as provided for in section 775.02 . . .

LINDMAN W. v. E. ELLIS,, 658 So. 2d 632 (Fla. Dist. Ct. App. 1995)

. . . Finally, the fine exceeds that authorized by section 775.02, Florida Statutes (1993). . . .

B. H. a v. STATE, 645 So. 2d 987 (Fla. 1994)

. . . Accord § 775.02, Fla.Stat. (1989) (no common law crime may be treated as- a felony). . . .

R. SOVEN, v. STATE, 622 So. 2d 1123 (Fla. Dist. Ct. App. 1993)

. . . . § 775.02, Fla.Stat. (1991); Aaron v. State, 284 So.2d 673 (Fla.1973); Thomas A. . . .

A. PELLETIER, v. W. TOOTHAKER,, 593 So. 2d 618 (Fla. Dist. Ct. App. 1992)

. . . We affirm but remand with direction for compliance with section 775.02, Florida Statutes (1989). . . .

W. JOHNSON, v. STATE, 584 So. 2d 95 (Fla. Dist. Ct. App. 1991)

. . . Aaron court then concluded that “criminal contempt is a crime under Florida law,” and it cited section 775.02 . . . Because there is no specific punishment for criminal contempt prescribed in the law, section 775.02 is . . .

MEEKS, v. L. DUGGER,, 576 So. 2d 713 (Fla. 1991)

. . . defendant should be sentenced to death or to life imprisonment, as authorized by Florida Statute section 775.02 . . .

G. PETERSON, v. UNITED STATES v. PETERSON,, 758 F. Supp. 1209 (N.D. Ill. 1990)

. . . Corporations to the other) issued to creditors other than the United States amounted to at least $46,-775.02 . . .

M. MERCKLE, v. STATE, 512 So. 2d 948 (Fla. Dist. Ct. App. 1987)

. . . . §§. 775.082(4)(a) and 775.02, Fla.Stat. (1981). . . . See §§ 775.02, 775.083(1)(c), and 775.-083(1)(d), Fla.Stat. (1981). . . .

MOORMAN, v. E. BENTLEY,, 490 So. 2d 186 (Fla. Dist. Ct. App. 1986)

. . . . § 775.02, Fla.Stat. (1985). . . .

G. CLAYTON, v. C. WILLIS,, 489 So. 2d 813 (Fla. Dist. Ct. App. 1986)

. . . 1 (Fla.1973), as adopted by section 775.01, Florida Statutes, and punishable as provided in section 775.02 . . . 1 (Fla.1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02 . . . 1 (Fla.1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02 . . . 1 (Fla.1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02 . . . 1 (Fla.1973), as adopted by Section 775.01, Florida Statutes, and punishable as provided in Section 775.02 . . .

KIRK, v. STATE, 481 So. 2d 510 (Fla. Dist. Ct. App. 1985)

. . . State, 284 So.2d 673, 676 (Fla.1973); § 775.02, Fla.Stat. (1983). . . .

STATE v. BILLIE, 17 Fla. Supp. 2d 68 (Fla. Cir. Ct. 1985)

. . . Florida Statute 775.02(1) states: “The provisions of this code and offenses defined by other statutes . . .

MANNO v. STATE OF FLORIDA, 10 Fla. Supp. 2d 35 (Fla. Cir. Ct. 1985)

. . . Section 775.02, Florida Statutes provides that where penalties are not provided for by statute, the maximum . . . Section 775.02 by statutory implication is controlling. . . . Several decisions have accordingly construed Section 775.02 and Rule 3.840 in pari materia; Malone v. . . . Section 775.02 thus does not explicitly provide for forfeiture or impoundment. . . . Although Section 775.02, without directly referring to Rule 3.840, limits the Court’s power to fine and . . .

HAFT, v. STATE, 458 So. 2d 1228 (Fla. Dist. Ct. App. 1984)

. . . Section 775.02, Florida Statutes (1983); Aaron v. State, 284 So.2d 673 (Fla.1973) and Thomas A. . . .

J. LOCKWOOD, v. STATE, 452 So. 2d 1117 (Fla. Dist. Ct. App. 1984)

. . . The sentence for a first degree misdemeanor must not exceed one year under section 775.02, Florida Statutes . . .

WILLIAMS, v. STATE, 451 So. 2d 1047 (Fla. Dist. Ct. App. 1984)

. . . This is especially true in light of the provisions of section 775.02, Florida Statutes, which provide . . .

WILLIAMS, v. STATE, 462 So. 2d 1131 (Fla. Dist. Ct. App. 1984)

. . . This is espe-dally true in light of the provisions of section 775.02, Florida Statutes, which provide . . .

AMLOTTE, v. STATE, 435 So. 2d 249 (Fla. Dist. Ct. App. 1983)

. . . attempts relate only to statutory offenses and the punishment for common-law offenses under section 775.02 . . .

MALONE, v. B. MEADOW, MALONE, v. A. BODIFORD,, 411 So. 2d 263 (Fla. Dist. Ct. App. 1982)

. . . Section 775.02, Florida Statutes (1979); Aaron v. State, 284 So.2d 673 (Fla.1973). . . .

THOMAS A. EDISON COLLEGE, INC. a k a A. a k a A. a k a A. St. C. v. STATE BOARD OF INDEPENDENT COLLEGES AND UNIVERSITIES,, 411 So. 2d 257 (Fla. Dist. Ct. App. 1982)

. . . Section 775.02, Florida Statutes (1927) provides that when no maximum punishment is provided by statute . . . Criminal contempt convictions are subject to the provisions of Section 775.02. Aaron v. . . .

PUSSYCAT THEATRE d b a C. a v. STATE, 355 So. 2d 829 (Fla. Dist. Ct. App. 1978)

. . . Gerstein, 294 So.2d 365 (Fla. 3rd DCA 1974); Section 775.02, Florida Statutes (1975). . . .

HOLMES, v. STATE, 342 So. 2d 134 (Fla. Dist. Ct. App. 1977)

. . . The State’s argument that Section 775.02, Florida Statutes (1975), which provides that: “When there exists . . .

STATE v. C. EGAN,, 287 So. 2d 1 (Fla. 1973)

. . . Leatherman (Sup.Ct., Fla.1950) 48 So.2d 836, as adopted by F.S. 775.01 and punishable as provided in F.S. 775.02 . . . appellee, should he be convicted as charged, would be subject to the penalty provisions of Section 775.02 . . .

AARON, v. STATE, 284 So. 2d 673 (Fla. 1973)

. . . . § 775.02, F.S.A., provides a similar limitation of one year and a fine of $500, but limits its applications . . . supra, were the only test provided by the Supreme Court, the question of whether or not Fla.Stat. § 775.02 . . . The view that Fla.Stat. § 775.02, F.S.A., applies and. that therefore Rule 3.840(a) (4), CrPR, is unconstitutional . . . Section 775.02 of the Florida Statutes, F.S.A., provides that when no maximum punishment is prescribed . . .

STATE v. BARQUET, 262 So. 2d 431 (Fla. 1972)

. . . . § 775.02, F.S.A., which is hardly adequate under present day standards to properly protect society. . . .

DUCKSWORTH, v. E. BOYER,, 125 So. 2d 844 (Fla. 1960)

. . . upon escape would be guilty of the offense of common law “prison break” which is punishable under § 775.02 . . .

Ex SAMS, 67 So. 2d 657 (Fla. 1953)

. . . Mayo, 153 Fla. 616, 15 So.2d 416; sections 775.01, 775.02 and 775.06, Florida Statutes, 1951, F.S.A. . . .