Florida Statute 775.22 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 775.022

Annotations, Discussions, Cases:

Cases Citing Statute 775.022

Total Results: 21

Seagrave v. State

802 So. 2d 281, 2001 WL 776269

Supreme Court of Florida | Filed: Jul 12, 2001 | Docket: 1699005

Cited 71 times | Published

1307, 1309 (Fla.1991), and sexual predators (section 775.22), see Amendments to Florida Rules of Criminal

Collie v. State

710 So. 2d 1000, 1998 WL 210760

District Court of Appeal of Florida | Filed: May 1, 1998 | Docket: 1445356

Cited 46 times | Published

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

Therrien v. State

914 So. 2d 942, 2005 WL 2779476

Supreme Court of Florida | Filed: Oct 27, 2005 | Docket: 1781223

Cited 9 times | Published

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

State v. Colley

744 So. 2d 1172, 1999 WL 992683

District Court of Appeal of Florida | Filed: Nov 3, 1999 | Docket: 1721420

Cited 4 times | Published

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

Burnsed v. State

743 So. 2d 139, 1999 WL 890487

District Court of Appeal of Florida | Filed: Oct 8, 1999 | Docket: 77615

Cited 4 times | Published

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

Robinson v. State

804 So. 2d 451, 2001 WL 1359204

District Court of Appeal of Florida | Filed: Nov 7, 2001 | Docket: 1699450

Cited 2 times | Published

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

Pisarri v. State

724 So. 2d 635, 1998 WL 909803

District Court of Appeal of Florida | Filed: Dec 31, 1998 | Docket: 306674

Cited 2 times | Published

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

Johnson v. State

716 So. 2d 332, 1998 WL 518503

District Court of Appeal of Florida | Filed: Aug 21, 1998 | Docket: 424734

Cited 2 times | Published

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

Beaton v. State

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

District Court of Appeal of Florida | Filed: Mar 31, 1999 | Docket: 64788076

Cited 1 times | Published

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

Branciforte v. State

678 So. 2d 426, 1996 WL 425049

District Court of Appeal of Florida | Filed: Jul 31, 1996 | Docket: 1737010

Cited 1 times | Published

Law Enforcement as a sexual predator under section 775.22, Florida Statutes (1993). We agree with the

State of Florida v. Nyya Jahnai Herard

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 71117372

Published

application of amendments to criminal statutes in section 775.022(3), Florida Statutes (2023), because, under

A.T.M.C., a Child v. State of Florida

District Court of Appeal of Florida | Filed: Jun 4, 2025 | Docket: 70454074

Published

criminal statute operates prospectively . . . .” § 775.022(3)(c), Fla. Stat. (2023). “[U]nder the rules

Gary Flores v. State of Florida

District Court of Appeal of Florida | Filed: Jul 24, 2024 | Docket: 68972382

Published

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

State of Florida v. Terry Hubbard

District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68950379

Published

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

Lateef Garnes v. State of Florida

District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290256

Published

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

JUSTIN AUGUST MEYER v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 23, 2023 | Docket: 67718510

Published

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

Henry James Washington v. State of Florida

District Court of Appeal of Florida | Filed: Sep 29, 2021 | Docket: 60498292

Published

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

Lozada v. State

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

District Court of Appeal of Florida | Filed: Feb 26, 1999 | Docket: 64791359

Published

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

Ziegler v. State

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

District Court of Appeal of Florida | Filed: Apr 22, 1998 | Docket: 64779902

Published

the trial court’s order actually references section 775.22, Florida Statutes, we consider that reference

Kyles v. State

703 So. 2d 1155, 1997 Fla. App. LEXIS 13669, 1997 WL 759583

District Court of Appeal of Florida | Filed: Dec 10, 1997 | Docket: 64777920

Published

fact that the State has conceded on appeal. See § 775.22, Fla. Stat. (1995).1 We affirm, however, the revocation

Amendments to Florida Rules of Criminal Procedure re Sentencing Guidelines

628 So. 2d 1084, 18 Fla. L. Weekly Supp. 617, 1993 Fla. LEXIS 1928, 1993 WL 490876

Supreme Court of Florida | Filed: Nov 30, 1993 | Docket: 64744908

Published

subsection 327.351(2). Category 2: Sexual offenses: Section 775.22, Cchapters 794 and 800, section 826.04, and