Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1656
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2019           .                                
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       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.