Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1656
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Criminal Justice (Lee) recommended the
    1         Senate Amendment (with title amendment)
    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.
   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.