775.022
Effect of reenactment or amendment of criminal statutes; references in criminal statutes.
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775.022 Effect of reenactment or amendment of criminal statutes; references in criminal statutes.—
(1) It is the intent of the Legislature that:
(a) This section preclude the application of the common law doctrine of abatement to a reenactment or an amendment of a criminal statute; and
(b) An act of the Legislature reenacting or amending a criminal statute not be considered a repeal or an implied repeal of such statute for purposes of s. 9, Art. X of the State Constitution.
(2) As used in this section, the term “criminal statute” means a statute, whether substantive or procedural, dealing in any way with a crime or its punishment, defining a crime or a defense to a crime, or providing for the punishment of a crime.
(3) Except as expressly provided in an act of the Legislature or as provided in subsections (4) and (5), the reenactment or amendment of a criminal statute operates prospectively and does not affect or abate any of the following:
(a) The prior operation of the statute or a prosecution or enforcement thereunder.
(b) A violation of the statute based on any act or omission occurring before the effective date of the act.
(c) A prior penalty, prior forfeiture, or prior punishment incurred or imposed under the statute.
(4) If a penalty, forfeiture, or punishment for a violation of a criminal statute is reduced by a reenactment or an amendment of a criminal statute, the penalty, forfeiture, or punishment, if not already imposed, must be imposed according to the statute as amended.
(5) This section may not be construed to limit the retroactive effect of any defense to a criminal statute enacted or amended by the Legislature in a criminal case that has not yet resulted in the imposition of a judgment or sentence by the trial court or an appellate decision affirming a judgment or sentence of the trial court.
(6) A reference to any other chapter, part, section, or subdivision of the Florida Statutes in a criminal statute or a reference within a criminal statute constitutes a general reference under the doctrine of incorporation by reference.
History.—s. 1, ch. 2019-63.
Notes of Decisions
Cited in 12
cases (12 in the last 5 years), 2021–2025 · leading case: State of Florida v. Nyya Jahnai Herard
State of Florida v. Nyya Jahnai Herard (2025)
“The State opposed dismissal under subsection (4) of section 775.022, arguing that the concealed carry amendment changed the elements of a section 790.”
Michael James Jackson v. State of Florida (2025)
“” Section 775.022(2) defines “criminal statute” as “a statute, whether substantive or procedural, dealing in any way with a crime or its punishment, defining a crime or a defense to a crime, or providing for the punishment of a crime.”
Michael James Jackson v. State of Florida (2025)
“” Section 775.022(2) defines “criminal statute” as “a statute, whether substantive or procedural, dealing in any way with a crime or its punishment, defining a crime or a defense to a crime, or providing for the punishment of a crime.”
JUSTIN AUGUST MEYER v. THE STATE OF FLORIDA (2023)
“§ 775.022, Fla. Stat. (2019). We believe the key fact here is that the circuit court entered orders of probation prior to the statutory change.”
Lateef Garnes v. State of Florida (2024)
“The legislature later enacted section 775.022, Florida Statutes (2021), which provides: “If a penalty, forfeiture, or punishment for a violation of a criminal statute is reduced by a reenactment or an amendment of a criminal statute, the penalty, forfeiture, or punishment, if…”
State of Florida v. Terry Hubbard (2024)
“Not only did these actions occur in both Broward and Leon County, but voter fraud impacts the public’s confidence in elections throughout the 1 Further, section 775.022, Florida Statutes (2022), does not preclude retroactive application of the amendments to section 16.”
Henry James Washington v. State of Florida (2021)
“; see also § 775.022(4), Fla. Stat. (2020) (“If . . .”
Hill v. Secretary, Department of Corrections (Sarasota County) (2023)
“Section 775.022, Fla. Stat., became effective June 7, 2019.”
Gary Flores v. State of Florida (2024)
“See § 775.022(3), Fla. Stat. (2019); Macchione v.”
McCune v. Secretary, Department of Corrections (2024)
“” Fla. Stat. § 775.022 (3)(b). As noted above, McCune committed grand theft in October 2017, he was convicted and sentenced in June 2018, and the statutory amendment became effective in October 2019.”
A.T.M.C., a Child v. State of Florida (2025)
“” § 775.022(3)(c), Fla. Stat. (2023). “[U]nder the rules of statutory construction, there must be a clear expression of intended retrospective application.”
United States v. Jerome Miller, Jr. (2025)
“” Fla. Stat. § 775.022 (3)(b). But if the new legislation re- duces a “penalty, forfeiture, or punishment for a violation of a criminal stat- ute,” then “the penalty, forfeiture, or punishment, if not already imposed, must be imposed according to the statute as amended.”
— 775.022(2) — 3 cases
State of Florida v. Nyya Jahnai Herard (2025)
“The State opposed dismissal under subsection (4) of section 775.022, arguing that the concealed carry amendment changed the elements of a section 790.”
Michael James Jackson v. State of Florida (2025)
“” Section 775.022(2) defines “criminal statute” as “a statute, whether substantive or procedural, dealing in any way with a crime or its punishment, defining a crime or a defense to a crime, or providing for the punishment of a crime.”
Michael James Jackson v. State of Florida (2025)
“” Section 775.022(2) defines “criminal statute” as “a statute, whether substantive or procedural, dealing in any way with a crime or its punishment, defining a crime or a defense to a crime, or providing for the punishment of a crime.”
— 775.022(3) — 5 cases
State of Florida v. Nyya Jahnai Herard (2025)
“The State opposed dismissal under subsection (4) of section 775.022, arguing that the concealed carry amendment changed the elements of a section 790.”
Michael James Jackson v. State of Florida (2025)
“” Section 775.022(2) defines “criminal statute” as “a statute, whether substantive or procedural, dealing in any way with a crime or its punishment, defining a crime or a defense to a crime, or providing for the punishment of a crime.”
Michael James Jackson v. State of Florida (2025)
“” Section 775.022(2) defines “criminal statute” as “a statute, whether substantive or procedural, dealing in any way with a crime or its punishment, defining a crime or a defense to a crime, or providing for the punishment of a crime.”
Gary Flores v. State of Florida (2024)
“See § 775.022(3), Fla. Stat. (2019); Macchione v.”
State of Florida v. Terry Hubbard (2024)
“Not only did these actions occur in both Broward and Leon County, but voter fraud impacts the public’s confidence in elections throughout the 1 Further, section 775.022, Florida Statutes (2022), does not preclude retroactive application of the amendments to section 16.”
— 775.022(3)(a) — 3 cases
Michael James Jackson v. State of Florida (2025)
“” Section 775.022(2) defines “criminal statute” as “a statute, whether substantive or procedural, dealing in any way with a crime or its punishment, defining a crime or a defense to a crime, or providing for the punishment of a crime.”
Michael James Jackson v. State of Florida (2025)
“” Section 775.022(2) defines “criminal statute” as “a statute, whether substantive or procedural, dealing in any way with a crime or its punishment, defining a crime or a defense to a crime, or providing for the punishment of a crime.”
State of Florida v. Nyya Jahnai Herard (2025)
“The State opposed dismissal under subsection (4) of section 775.022, arguing that the concealed carry amendment changed the elements of a section 790.”
— 775.022(3)(b) — 1 case
Hill v. Secretary, Department of Corrections (Sarasota County) (2023)
“Section 775.022, Fla. Stat., became effective June 7, 2019.”
— 775.022(3)(c) — 1 case
A.T.M.C., a Child v. State of Florida (2025)
“” § 775.022(3)(c), Fla. Stat. (2023). “[U]nder the rules of statutory construction, there must be a clear expression of intended retrospective application.”
— 775.022(4) — 3 cases
State of Florida v. Nyya Jahnai Herard (2025)
“The State opposed dismissal under subsection (4) of section 775.022, arguing that the concealed carry amendment changed the elements of a section 790.”
Henry James Washington v. State of Florida (2021)
“; see also § 775.022(4), Fla. Stat. (2020) (“If . . .”
Lateef Garnes v. State of Florida (2024)
“The legislature later enacted section 775.022, Florida Statutes (2021), which provides: “If a penalty, forfeiture, or punishment for a violation of a criminal statute is reduced by a reenactment or an amendment of a criminal statute, the penalty, forfeiture, or punishment, if…”
— 775.022(5) — 1 case
State of Florida v. Nyya Jahnai Herard (2025)
“The State opposed dismissal under subsection (4) of section 775.022, arguing that the concealed carry amendment changed the elements of a section 790.”
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