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: District Court of Appeal of Florida | Date Filed: 2024-07-24

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: District Court of Appeal of Florida | Date Filed: 2024-07-17

Snippet: in elections throughout the 1 Further, section 775.022, Florida Statutes (2022), does not preclude retroactive

Lateef Garnes v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-02-28

Snippet: 2018)). The legislature later enacted section 775.022, Florida Statutes (2021), which provides: “If a

JUSTIN AUGUST MEYER v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-08-23

Snippet: jurisdiction. Meyer argued that under section 775.022, Florida Statutes, because the crime to which he

Henry James Washington v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2021-09-29

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

Corley v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-07-15

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

Snippet: 0112 (sexual misconduct by a psychotherapist), and 775.22 (sexual predator registration), have been added

Sea Quest Intern. v. Trident Shipworks

Court: District Court of Appeal of Florida | Date Filed: 2007-06-22

Citation: 958 So. 2d 1115, 2007 WL 1790750

Snippet: court entered judgment against Trident for $2,423,775.22.[2] It is this judgment that both Sea Quest and

Therrien v. State

Court: Supreme Court of Florida | Date Filed: 2005-10-27

Citation: 914 So. 2d 942, 2005 WL 2779476

Snippet: independent of trial court designation. See § 775.22(2), Fla. Stat. (1993) (providing that each offender

State v. Robinson

Court: Supreme Court of Florida | Date Filed: 2004-03-18

Citation: 873 So. 2d 1205, 2004 WL 524922

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

Robinson v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-11-07

Citation: 804 So. 2d 451, 2001 WL 1359204

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: Supreme Court of Florida | Date Filed: 2001-07-12

Citation: 802 So. 2d 281, 2001 WL 776269

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

State v. Curtin

Court: District Court of Appeal of Florida | Date Filed: 2000-04-25

Citation: 764 So. 2d 645, 2000 WL 518089

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

State v. Colley

Court: District Court of Appeal of Florida | Date Filed: 1999-11-03

Citation: 744 So. 2d 1172, 1999 WL 992683

Snippet: committed prior sexual offenses in California. See § 775.22(2), Fla. Stat. (1993). Mr. Colley was already registered

Burnsed v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-10-08

Citation: 743 So. 2d 139, 1999 WL 890487

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: District Court of Appeal of Florida | Date Filed: 1999-03-31

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: District Court of Appeal of Florida | Date Filed: 1999-02-26

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: District Court of Appeal of Florida | Date Filed: 1998-12-31

Citation: 724 So. 2d 635, 1998 WL 909803

Snippet: comply with the registration requirements of section 775.22, Florida Statutes (1993). Pursuant to section 775

Johnson v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-08-21

Citation: 716 So. 2d 332, 1998 WL 518503

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: District Court of Appeal of Florida | Date Filed: 1998-05-01

Citation: 710 So. 2d 1000, 1998 WL 210760

Snippet: comply with the registration requirements of section 775.22, Florida Statutes (1993). The legislative purpose

Ziegler v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-04-22

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