Florida Statute 775.012 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS

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775.012 General purposes.—The general purposes of the provisions of the code are:

(1) To proscribe conduct that improperly causes or threatens substantial harm to individual or public interest.

(2) To give fair warning to the people of the state in understandable language of the nature of the conduct proscribed and of the sentences authorized upon conviction.

(3) To define clearly the material elements constituting an offense and the accompanying state of mind or criminal intent required for that offense.

(4) To differentiate on reasonable grounds between serious and minor offenses and to establish appropriate disposition for each.

(5) To safeguard conduct that is without fault or legitimate state interest from being condemned as criminal.

(6) To ensure the public safety by deterring the commission of offenses and providing for the opportunity for rehabilitation of those convicted and for their confinement when required in the interests of public protection.

History.—s. 2, ch. 74-383; s. 1, ch. 77-174.

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Amendments to 775.012

Annotations, Discussions, Cases:

Cases Citing Statute 775.012

Total Results: 11 | Sort by: Relevance | Newest First

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Castle v. State, 330 So. 2d 10 (Fla. 1976).

Cited 33 times | Published | Supreme Court of Florida

we have before us the constitutionality of Section 775.12, Florida Statutes (1973),[1] which provides:

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Linehan v. State, 442 So. 2d 244 (Fla. 2d DCA 1983).

Cited 32 times | Published | Florida 2nd District Court of Appeal

...isapplication by jurors of the effect of drinking on the defendant's responsibility eliminated." Stasio, 396 A.2d at 1134. (4) Of primary importance, a purpose of criminal law is to protect society from behavior that endangers the public safety. See section 775.012, Fla....

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Castle v. State, 305 So. 2d 794 (Fla. 4th DCA 1974).

Cited 27 times | Published | Florida 4th District Court of Appeal

five could have been imposed. Florida Statute, Section 775.12 provides: "Limitation of repeal as to criminal

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Thomas v. State, 584 So. 2d 1022 (Fla. 1st DCA 1991).

Cited 15 times | Published | Florida 1st District Court of Appeal | 1991 WL 133505

...Each of those statutes has superseded the corresponding common law criminal offense. One of the stated purposes for doing so is "[t]o proscribe conduct *1026 that improperly causes or threatens to cause substantial harm to individual or public interest." § 775.012(1), Fla....

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Thomas v. State, 583 So. 2d 336 (Fla. 5th DCA 1991).

Cited 13 times | Published | Florida 5th District Court of Appeal | 1991 WL 41004

...[5] See, e.g., §§ 775.08, 775.082(5), 901.(15)(1) and 951.23(1)(d), Fla. Stat. [6] § 775.08(4), Fla. Stat. (1974 Supp.) and § 775.08(2), Fla. Stat. (1974 Supp.). [7] City of Milwaukee v. Horvath, 143 N.W.2d 446, 31 Wis.2d 490 (1966) is one such case. [8] § 775.012(4) Fla. Stat. [9] § 775.012(5) Fla....

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Glover v. State, 474 So. 2d 886 (Fla. 1st DCA 1985).

Cited 7 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 2027

statute prior to trial and that to the extent section 775.12, Florida Statutes (now repealed) suggested

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State v. Lanier, 979 So. 2d 365 (Fla. 4th DCA 2008).

Cited 4 times | Published | Florida 4th District Court of Appeal | 2008 WL 1733666

...local application pertaining to . . . punishment for crime." If the application of a criminal statute hinges on the existence of a local policy, then the statute fails to "give fair warning . . . of the nature of the conduct proscribed" contrary to section 775.012(2), Florida Statutes (2007)....

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Brown v. State, 17 So. 3d 346 (Fla. 5th DCA 2009).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 13500, 2009 WL 2900345

...Bill McCollum, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant *347 Attorney General, Daytona Beach, for Appellee. PER CURIAM. AFFIRMED. See Valdes v. State, 3 So.3d 1067 (Fla.2009) (holding statutory exception to Blockburger [1] "same elements" test set forth at section 775.012(4)(b)2., Florida Statutes, prohibits separate convictions for crimes arising from same criminal transaction only when criminal statute itself provides for offense with multiple degrees)....

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Westermeier v. State, 395 So. 2d 231 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 18852

...y or an unqualified plea of nolo conten-dere. See Robinson v. State, 373 So.2d 898 (Fla.1979); Hand v. State, 334 So.2d 601 (Fla.1976). The appeal of the judgment is dismissed and the sentence is AFFIRMED. DAUKSCH, C. J., and COBB, J., concur. . See § 775.012(4), Fla.Stat....

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State of Florida v. Harry James Chubbuck, 141 So. 3d 1163 (Fla. 2014).

Published | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 437, 2014 WL 2765926, 2014 Fla. LEXIS 1982

...(2009) (“The provisions of th[e] [Florida Criminal] [C]ode and offenses defined by other statutes shall be strictly construed; when the language is susceptible of differing constructions, it shall be construed most favorably to the accused.”); § 775.012(2), Fla....

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P. A. C. v. State, 391 So. 2d 364 (Fla. 1st DCA 1980).

Published | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 18246

...le halfway houses such as Duval Hall and House were not so classified based on the nature of the activities conducted and the juveniles assigned to such facilities. The statute is clearly penal in nature and must therefore be strictly construed. See § 775.012(1), Florida Statutes....

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