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2021 Florida Statutes (Including 2021B Session)

Title XLVI CRIMES
Chapter 775 GENERAL PENALTIES; REGISTRATION OF CRIMINALS Entire Chapter
SECTION 022
Effect of reenactment or amendment of criminal statutes; references in criminal statutes.
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.
(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.