eLaws of Florida

  SECTION 775.022. Effect of reenactment or amendment of criminal statutes; references in criminal statutes.  


Latest version.
  • 1(1) 2It is the intent of the Legislature that:
    10(a) 11This section preclude the application of the common law doctrine of abatement to a reenactment or an amendment of a criminal statute; and
    34(b) 35An 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.
    69(2) 70As 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.
    113(3) 114Except 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:
    152(a) 153The prior operation of the statute or a prosecution or enforcement thereunder.
    165(b) 166A violation of the statute based on any act or omission occurring before the effective date of the act.
    185(c) 186A prior penalty, prior forfeiture, or prior punishment incurred or imposed under the statute.
    200(4) 201If 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.
    244(5) 245This 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.
    303(6) 304A 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.

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