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Florida Statute 775.011 - Full Text and Legal Analysis
Florida Statute 775.011 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 775.011 Case Law from Google Scholar Google Search for Amendments to 775.011

The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS
View Entire Chapter
775.011 Short title; applicability to antecedent offenses.—
(1) This act shall be known and may be cited as the “Florida Criminal Code.”
(2) Except as provided in subsection (3), the code does not apply to offenses committed prior to October 1, 1975, and prosecutions for such offenses shall be governed by the prior law. For the purposes of this section, an offense was committed prior to October 1, 1975, if any of the material elements of the offense occurred prior thereto.
(3) In any case pending on or after October 1, 1975, involving an offense committed prior to such date, the provisions of the code involving any quasi-procedural matter shall govern, insofar as they are justly applicable, and the provisions of the code according a defense or mitigation or establishing a penalty shall apply only with the consent of the defendant.
History.—s. 1, ch. 74-383; s. 43, ch. 75-298; s. 484, ch. 81-259.

F.S. 775.011 on Google Scholar

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Amendments to 775.011


Annotations, Discussions, Cases:

Cases Citing Statute 775.011

Total Results: 39  |  Sort by: Relevance  |  Newest First

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Joyner v. State, 30 So. 2d 304 (Fla. 1947).

Cited 98 times | Published | Supreme Court of Florida | 158 Fla. 806, 1947 Fla. LEXIS 640

information presented under the provisions of Section 775.11 Fla. Statutes 1941, alleging that: "Jesse Joyner
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Reino v. State, 352 So. 2d 853 (Fla. 1977).

Cited 84 times | Published | Supreme Court of Florida

...cedural. Lane v. State, 337 So.2d 976 (Fla. 1976), is cited by the State as supportive of this position. The question in Lane was whether the application of a statute of limitations is a quasi-procedural matter so as to fall within subsection (3) of Section 775.011, Florida Statutes (1975)....
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State v. Saunders, 339 So. 2d 641 (Fla. 1976).

Cited 56 times | Published | Supreme Court of Florida

...Section 776.051(1) provides: A person is not justified in the use of force to resist an arrest by a law enforcement officer who is known, or reasonably appears, to be a law enforcement officer. Pursuant to Ch. 74-383 § 1, Laws of Florida, codified as Section 775.011, Florida Statutes (1975), the provisions of Section 776.051 are not applicable in the present case....
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Corn v. State, 332 So. 2d 4 (Fla. 1976).

Cited 25 times | Published | Supreme Court of Florida

...ignity of the State of Florida. [4] Although the fact has not lessened judicial labor in the present case, section 821.01 was repealed by the legislature in the 1974 session, effective July 1, 1975. Fla.Laws, ch. 74-383 § 66. Pursuant to Fla. Stat. § 775.011(2) (1974 Supp.), prosecutions for "offenses committed prior to July 1, 1975, ......
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Berry v. State, 400 So. 2d 80 (Fla. 4th DCA 1981).

Cited 21 times | Published | Florida 4th District Court of Appeal

that Judge Reasbeck breached a duty imposed by Section 775.11(3), Florida Statutes (1969), by failing to
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Reynolds v. Cochran, 138 So. 2d 500 (Fla. 1962).

Cited 18 times | Published | Supreme Court of Florida

with all of the procedural requirements of F.S. § 775.11, F.S.A., of our Habitual Offenders law. From the
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Greene v. State, 238 So. 2d 296 (Fla. 1970).

Cited 17 times | Published | Supreme Court of Florida

provided in the following section." Fla. Stat. § 775.11 (1969), F.S.A. [18] 96 Fla. 768, 782, 119 So
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Washington v. Mayo, 91 So. 2d 621 (Fla. 1956).

Cited 15 times | Published | Supreme Court of Florida

six-year sentence. Petitioner asserts that under Section 775.11, Florida Statutes, F.S.A., the trial judge
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State v. Nelson, 36 So. 2d 427 (Fla. 1948).

Cited 14 times | Published | Supreme Court of Florida | 160 Fla. 744, 1948 Fla. LEXIS 853

General submits that the governing statute, Section 775.11, specifically provides for the filing of the
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Glassman v. State, 377 So. 2d 208 (Fla. 3d DCA 1979).

Cited 13 times | Published | Florida 3rd District Court of Appeal

...1954); Francis v. State, 343 So.2d 932 (Fla. 3d DCA 1977); White v. State, 324 So.2d 115 (Fla. 3d DCA 1975); Maycock v. State, 284 So.2d 411 (Fla. 3d DCA 1973); Green v. State, 190 So.2d 614 (Fla. 3d DCA 1966); Casso v. State, 182 So.2d 252 (Fla. 2d DCA 1966); § 775.011(2), Fla....
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Shargaa v. State, 102 So. 2d 814 (Fla. 1958).

Cited 13 times | Published | Supreme Court of Florida

position to be supported by the language of Section 775.11, Florida Statutes, F.S.A., which provides the
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Washington v. Mayo, 77 So. 2d 620 (Fla. 1955).

Cited 10 times | Published | Supreme Court of Florida

distinction between conviction and sentence, section 775.11, we are of the opinion that the latter statute
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Fitzgerald v. State, 339 So. 2d 209 (Fla. 1976).

Cited 8 times | Published | Supreme Court of Florida

...and date agreed upon for the return of the vehicle, aircraft, boat, or boat motor, unless notification of the reason for delay has been made to the rentor or lessor. This section was repealed by s. 66, 74-383, effective July 1, 1975. However, under Section 775.011, Florida Statutes (1975), Section 814.06 is still applicable to petitioner's case. Section 775.011(2), Florida Statutes (1975), provides: (2) Except as provided in subsection (3), the code does not apply to offenses committed prior to July 1, 1975, and prosecutions for such offenses shall be governed by the prior law....
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Barnhill v. State, 41 So. 2d 329 (Fla. 1949).

Cited 8 times | Published | Supreme Court of Florida | 1949 Fla. LEXIS 752

of a felony. These statutes are followed by Section 775.11, which makes provision for an independent prosecution
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Lane v. State, 337 So. 2d 976 (Fla. 1976).

Cited 7 times | Published | Supreme Court of Florida

...222)... ." By virtue of the above statement this Court has jurisdiction of this direct appeal [1] even though we dispose of the appeal on a non-constitutional ground. [2] The Florida Criminal Code provides for its applicability to antecedent offenses in Section 775.011, Florida Statutes (1975): "(2) Except as provided in subsection (3), the code does not apply to offenses committed prior to July 1, 1975, and prosecutions for such offenses shall be governed by the prior law....
...ant to be governed by the revised Statute of Limitations. In State ex rel. Manucy v. Wadsworth, 293 So.2d 345 (Fla. 1974), this Court held that the application of a Statute of Limitations is a substantive matter. Consequently, this case falls within Section 775.011(2), Florida Statutes (1975), rather than Section 775.011(3), Florida Statutes (1975) and, therefore, is governed by the Statute of Limitations in effect at the time of the crime....
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Wright v. State, 291 So. 2d 118 (Fla. 2d DCA 1974).

Cited 7 times | Published | Florida 2nd District Court of Appeal

prescribing a life sentence as an habitual criminal, and § 775.11 related to the procedures to be followed in applying
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Huffman v. State, 611 So. 2d 2 (Fla. 2d DCA 1992).

Cited 7 times | Published | Florida 2nd District Court of Appeal | 1992 WL 362144

...In Florida, whenever the death penalty is not or cannot be imposed in such cases, the only permissible penalty is life without the possibility of parole for 25 years. § 775.082(1), Fla. Stat. (1991). The Florida legislature has designated as a capital felony the sexual battery of a child. § 775.011(2), Fla....
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Moore v. State, 324 So. 2d 690 (Fla. 1st DCA 1976).

Cited 5 times | Published | Florida 1st District Court of Appeal

without complying with the procedures specified in § 775.11, which was in effect at the time of these sentences
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McShay v. State, 321 So. 2d 464 (Fla. 4th DCA 1975).

Cited 4 times | Published | Florida 4th District Court of Appeal

not follow the procedures outlined in Fla. Stat. § 775.11 (1975), which required the filing of a separate
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Connolly, Jr. v. State, 172 So. 3d 893 (Fla. 3d DCA 2015).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 11352

...act of aiding and abetting (i.e., the act during which he carried a firearm) was not charged as a separate and completed crime. Connolly’s criminal culpability as a principal did not materialize until the murder was committed or attempted. See § 775.011, Fla....
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Moore v. State, 343 So. 2d 601 (Fla. 1977).

Cited 3 times | Published | Supreme Court of Florida

failing to follow the procedure outlined in Section 775.11, Florida *602 Statutes (1973), which was in
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Johnson v. State, 292 So. 2d 426 (Fla. 2d DCA 1974).

Cited 2 times | Published | Florida 2nd District Court of Appeal

predicated. This, we held, is required by F.S. § 775.11, F.S.A. 1971. It was not done here. In view of
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Flarity v. State, 527 So. 2d 295 (Fla. 5th DCA 1988).

Cited 2 times | Published | Florida 5th District Court of Appeal | 1988 WL 62670

the habitual offender statute was enacted, section 775.11, Florida Statutes (1969) provided for the enhancement
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State v. Fernandez, 156 So. 2d 400 (Fla. Dist. Ct. App. 1963).

Published | District Court of Appeal of Florida

the defendant; further that Florida Statute Section 775.11 governs and exclusively controls the procedure
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Johnson v. State, 322 So. 2d 644 (Fla. Dist. Ct. App. 1975).

Published | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 18845

predicated. We based our ruling upon Fla.Stat. § 775.11 (1971) [repealed by § 66, Chapter 74—383, effective
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State v. Saunders, 339 So. 2d 641 (Fla. 1976).

Published | Supreme Court of Florida | 1976 Fla. LEXIS 4602

...Section 776.051(1) provides: A person is not justified in the use of force to resist an arrest by a law enforcement officer who is known, or reasonably appears, to be a law enforcement officer. Pursuant to Ch. 74-383 § 1, Laws of Florida, codified as Section 775.011, Florida Statutes (1975), the provisions of Section 776.051 are not applicable in the present case....
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Wright v. State, 291 So. 2d 129 (Fla. Dist. Ct. App. 1974).

Published | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 7875

had in accordance with the provisions of F.S. § 775.11 and § 775.-084 F.S.A. The judgment appealed is
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Patel v. Kumar, 196 So. 3d 468 (Fla. 2d DCA 2016).

Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 9965, 2016 WL 3541019

...Ass’n, Inc. 938 So.2d 587, 592 (Fla. 1st DCA 2006). Id. (emphasis added) (footnote omitted). Significantly, the Flemmings court supported this last observation with a citation to a civil case. But section 776.032 is part of the Florida Criminal Code. § 775.011, Fla....
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Jackson v. State, 252 So. 2d 241 (Fla. 3d DCA 1971).

Published | Florida 3rd District Court of Appeal | 1971 Fla. App. LEXIS 5965

recidivist information as provided by F.S. Section 775.11, F.S.A., appellant “knowingly and intelligently
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Hernandez v. Wainwright, 296 F. Supp. 591 (M.D. Fla. 1969).

Published | District Court, M.D. Florida | 1969 U.S. Dist. LEXIS 10451

case of the habitual criminal statute, Florida Statute 775.11, F.S.A., which has been held not to be
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Harris v. State, 352 So. 2d 1264 (Fla. Dist. Ct. App. 1977).

Published | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16896

former strictures of the recidivist statute (Section 775.11, Florida Statutes (1973), repealed effective
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Johnson v. State, 229 So. 2d 13 (Fla. Dist. Ct. App. 1969).

Published | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 6458

Sparkman v. State Prison Custodian, supra. Compare Section 775.11, F.S.1967, F.S.A. which provides such a procedure
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Andrews v. State, 316 So. 2d 296 (Fla. Dist. Ct. App. 1975).

Published | District Court of Appeal of Florida

prosecutions for such offenders as set forth in § 775.11, Florida Statutes, was not complied with. The
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Ex Parte Cantrell, 31 So. 2d 540 (Fla. 1947).

Published | Supreme Court of Florida | 159 Fla. 426, 1947 Fla. LEXIS 797

sentence in the case No. 27029, as required in Section 775.11 Florida Statutes 1941. "Now again on this day
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Lazarus v. State, 412 So. 2d 54 (Fla. 5th DCA 1982).

Published | Florida 5th District Court of Appeal

State, 291 So.2d 118 (Fla. 2d DCA 1974), and section 775.11, Florida Statutes (1973) (which Wright relied
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Pizarro v. State, 330 So. 2d 789 (Fla. Dist. Ct. App. 1976).

Published | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15083

...Pizarro appeals from a judgment of conviction based on a jury verdict finding him guilty of assault to commit involuntary sexual battery by use of threats or violence likely to cause serious personal injury, and from a sentence of fifteen years imprisonment. We are called on to construe Section 775.011(3), Florida Statutes, which became effective on 1 October 1975, and provides: *790 “(3) In any case pending on or after October 1, 1975, involving an offense committed prior to such date, the provisions of the code involving any qua...
...He was sentenced on 4 September 1975. On 16 September 1975, he filed a notice of appeal to this Court. The offense for which Pizarro was found guilty was prohibited by Section 784.06, Florida Statutes. However, this statute was repealed effective 1 July 1975. On that date, Section 775.011(2), Florida Statutes, became effective....
...ch offenses shall be governed by the prior law. For the purposes of this section, an offense was committed prior to July 1; 1975, if any of the material elements of the offense occurred prior thereto.” Pizarro argues that if only the provisions of Section 775.011(2), Florida Statutes, were applicable, the court correctly adjudicated him guilty and sentenced him. But, because of the provisions of Section 775.011(3), Florida Statutes, the trial court erred, because his case was pending in this Court after 1 October 1975, and after that date there was no provision for a penalty for the offense of which he was found guilty....
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State v. Curtis, 152 So. 2d 754 (Fla. Dist. Ct. App. 1963).

Published | District Court of Appeal of Florida | 1963 Fla. App. LEXIS 3647

Shargaa v. State, supra, particularly Fla.Stat. § 775.11, F.S.A., expressly provided for a distinct proceeding
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McDaniel v. Mayo, 79 So. 2d 519 (Fla. 1955).

Published | Supreme Court of Florida | 1955 Fla. LEXIS 3438

felony conviction under the provisions of F.S. § 775.11, F.S.A. The information on which he was tried
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Milan v. State, 102 So. 2d 595 (Fla. 1958).

Published | Supreme Court of Florida | 1958 Fla. LEXIS 1746

penalty for the last offense and is imposed under Section 775.11. Cross v. State, 119 So. 380, 96 Fla. 768;

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