Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 1656 Ì901440lÎ901440 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Lee) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 775.022, Florida Statutes, is created to 6 read: 7 775.022 Effect of reenactment or amendment of criminal 8 statutes; references in criminal statutes.— 9 (1) It is the intent of the Legislature that: 10 (a) This section preclude the application of the common law 11 doctrine of abatement to a reenactment or an amendment of a 12 criminal statute; and 13 (b) An act of the Legislature reenacting or amending a 14 criminal statute not be considered a repeal or an implied repeal 15 of such statute for purposes of s. 9, Art. X of the State 16 Constitution. 17 (2) As used in this section, the term “criminal statute” 18 means a statute, whether substantive or procedural, dealing in 19 any way with a crime or its punishment, defining a crime or a 20 defense to a crime, or providing for the punishment of a crime. 21 (3) Except as expressly provided in an act of the 22 Legislature or as provided in subsection (4), the reenactment or 23 amendment of a criminal statute operates prospectively and does 24 not affect or abate any of the following: 25 (a) The prior operation of the statute or a prosecution or 26 enforcement thereunder. 27 (b) A violation of the statute based on any act or omission 28 occurring before the effective date of the act. 29 (c) A prior penalty, prior forfeiture, or prior punishment 30 incurred or imposed under the statute. 31 (4) If a penalty, forfeiture, or punishment for a violation 32 of a criminal statute is reduced by a reenactment or an 33 amendment of a criminal statute, the penalty, forfeiture, or 34 punishment, if not already imposed, must be imposed according to 35 the statute as amended. 36 (5) A reference to any other chapter, part, section, or 37 subdivision of the Florida Statutes in a criminal statute or a 38 reference within a criminal statute constitutes a general 39 reference under the doctrine of incorporation by reference. 40 Section 2. This act shall take effect upon becoming a law. 41 42 ================= T I T L E A M E N D M E N T ================ 43 And the title is amended as follows: 44 Delete everything before the enacting clause 45 and insert: 46 A bill to be entitled 47 An act relating to criminal statutes; creating s. 48 775.022, F.S.; providing legislative intent; defining 49 the term “criminal statute”; specifying that the 50 reenactment or amendment of a criminal statute 51 operates prospectively and does not affect or abate 52 specified circumstances; providing exceptions; 53 providing that a reference to any other chapter, part, 54 section, or subdivision of the Florida Statutes in a 55 criminal statute or a reference within a criminal 56 statute constitutes a general reference under the 57 doctrine of incorporation by reference; providing an 58 effective date.