Florida Statute 775.022 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS

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F.S. 775.022

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.

(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.

F.S. 775.022 on Google Scholar

F.S. 775.022 on Casetext

Amendments to 775.022

Arrestable Offenses / Crimes under Fla. Stat. 775.022

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 775.022.

Annotations, Discussions, Cases:

Cases Citing Statute 775.022

Total Results: 20

Gary Flores v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-24T00:00:00-07:00

Snippet: applied at the time Appellant was charged. See § 775.022(3), Fla. Stat. (2019); Macchione v. State, 123

State of Florida v. Terry Hubbard

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-17T00:00:00-07:00

Snippet: in elections throughout the 1 Further, section 775.022, Florida Statutes (2022), does not preclude retroactive…application of the amendments to section 16.56. Section 775.022(3) precludes retroactive application of “a statute

Lateef Garnes v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-28T00:00:00-08:00

Snippet: 2018)). The legislature later enacted section 775.022, Florida Statutes (2021), which provides: “If a…imposed according to the statute as amended.” § 775.022(4), Fla. Stat. (2021). This means that, although

JUSTIN AUGUST MEYER v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-08-23T00:00:00-07:00

Snippet: jurisdiction. Meyer argued that under section 775.022, Florida Statutes, because the crime to which he…. Meyer’s main argument is that section 775.022 provides for the retroactive application of criminal…therefore the case must be dismissed. Section 775.022 reads: (3) Except as expressly provided…according to the statute as amended. § 775.022, Fla. Stat. (2019). We believe the key fact

Henry James Washington v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2021-09-29T00:53:00-07:00

Snippet: punishments which may be imposed. Id.; see also § 775.022(4), Fla. Stat. (2020) (“If . . . punishment for

Corley v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-07-15T00:00:00-07:00

Citation: 44 So. 3d 109, 2009 Fla. App. LEXIS 9615, 2009 WL 2031177

Snippet: 491.0112 (sexual misconduct by a psychotherapist), and 775.22 (sexual predator registration), have been added

Sea Quest Intern. v. Trident Shipworks

Court: Fla. Dist. Ct. App. | Date Filed: 2007-06-22T00:53:00-07:00

Citation: 958 So. 2d 1115

Snippet: court entered judgment against Trident for $2,423,775.22.[2] It is this judgment that both Sea Quest and…plaintiff awarded Sea Quest damages totaling $2,423,775.22, plus prejudgment interest from September 27, 1999

Therrien v. State

Court: Fla. | Date Filed: 2005-10-27T00:53:00-07:00

Citation: 914 So. 2d 942

Snippet: , independent of trial court designation. See § 775.22(2), Fla. Stat. (1993) (providing that each offender…FSPA in 1996, the Legislature repealed sections 775.22 and 775.23. See ch. 96-388, § 62, at 2375, Laws… court designation, contained in former section 775.22(2), was eliminated. Under the 1996 amendment, and

State v. Robinson

Court: Fla. | Date Filed: 2004-03-17T23:53:00-08:00

Citation: 873 So. 2d 1205

Snippet: 1. The felony meets the criteria of former ss. 775.22(2) and 775.23(2), specifically, the felony is: … 1. The felony meets the criteria of former ss. 775.22(2) and 775.23(2), specifically, the felony is:

Robinson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-11-06T23:53:00-08:00

Citation: 804 So. 2d 451

Snippet: if: 1. The felony meets the criteria of former § 775.22(2) and 775.23(2), specifically, the felony is:

Seagrave v. State

Court: Fla. | Date Filed: 2001-07-12T00:00:00-07:00

Citation: 802 So. 2d 281

Snippet: 1309 (Fla.1991), and sexual predators (section 775.22), see Amendments to Florida Rules of Criminal Procedure

State v. Curtin

Court: Fla. Dist. Ct. App. | Date Filed: 2000-04-25T00:53:00-07:00

Citation: 764 So. 2d 645

Snippet: : 1. The felony meets the criteria of former ss.775.22(2) and 775.23(2), specifically, the felony is:

State v. Colley

Court: Fla. Dist. Ct. App. | Date Filed: 1999-11-02T23:53:00-08:00

Citation: 744 So. 2d 1172

Snippet: committed prior sexual offenses in California. See § 775.22(2), Fla. Stat. (1993). Mr. Colley was already registered…issue. This section relied on repealed sections 775.22 and 775.23 to define the predicate offenses necessary

Burnsed v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-10-08T00:53:00-07:00

Citation: 743 So. 2d 139

Snippet: 1, 1993. See §§ 775.21-23, Fla. Stat. (1993); § 775.22, Fla. Stat. (Supp.1996). We agree that the trial

Beaton v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-03-31T00:00:00-08:00

Citation: 732 So. 2d 5, 1999 Fla. App. LEXIS 4184, 1999 WL 174237

Snippet: stated, can be inferred from the language of section 775.22(S)(d), Florida Statutes (1995).”), review denied

Lozada v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-02-26T00:00:00-08:00

Citation: 742 So. 2d 307, 1999 Fla. App. LEXIS 2171, 1999 WL 95436

Snippet: section 775.21, Florida Statutes (1997), and section 775.22, Florida Statutes (1993). See Collie v. State,

Pisarri v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-12-30T23:53:00-08:00

Citation: 724 So. 2d 635

Snippet: comply with the registration requirements of section 775.22, Florida Statutes (1993). Pursuant to section 775.21

Johnson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-08-21T00:53:00-07:00

Citation: 716 So. 2d 332

Snippet: based on his violation of section 800.04. See § 775.22(2)(b), Fla. Stat. (1993). [2] Mr. Johnson makes

Collie v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-05-01T00:53:00-07:00

Citation: 710 So. 2d 1000

Snippet: comply with the registration requirements of section 775.22, Florida Statutes (1993). The legislative purpose…facilitating law enforcement and prosecution." § 775.22(1), Fla. Stat. (1993). Registration requires the…forty-eight hours after arrival at the new place. See § 775.22(3)(b)1, Fla. Stat. (1993). Any sexual predator … of the conditions of supervised release. See § 775.22(3)(f)1-2, Fla. Stat. (1993). Certain sexual predators…sexual predator poses a threat to the public.[6] § 775.22(3)(d), Fla. Stat. (1995) (emphasis provided; footnote

Ziegler v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-04-22T00:00:00-07:00

Citation: 708 So. 2d 351, 1998 Fla. App. LEXIS 4269, 1998 WL 187464

Snippet: section 775.22, Florida Statutes, we consider that reference to be a scrivener’s error. Section 775.22, Florida