2024-2025: Laws Flashcards

1
Q

What drug is not subject to presumptive field testing?

A

Legal Medical Marijuanna

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2
Q

What is defined as legal hemp?

A

cannabis containing THC of .03% or less

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3
Q

What happens when samples of cannabis test negative on the Duquenois-Levine Reagent System?

A

No further actions should be taken

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4
Q

What is considered illegal marijuanna?

A

cannabis containing THC higher than .03%

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5
Q

Who must sworn member consult if they are unable to use the Cannabis Typification test kit?

A

Troop Legal Advisor

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6
Q

What standard is used when conducting cannabis investigations?

A

Odor plus standard

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7
Q

If there is an odor of cannabis in a vehicle and the subject answer no to the question “Do you have any marijuana or hemp in the vehicle”, what can you do?

A

detain and search the vehicle

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8
Q

If there is an odor of cannabis in a vehicle and the subject answer yes to the question “Do you have any marijuana or hemp in the vehicle”, what can you do?

A

must determine if it is marijuana or hemp

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9
Q

If subject advised what they have is marijuana then what?

A

must determine if the marijuana was legally obtained

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10
Q

If determined that marijuana is illegally obtained, then what?

A

detain and search vehicle

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11
Q

Does the “odor plus/sniff plus standard” apply to K-9?

A

yes

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12
Q

What does the “odor plus standard” require Troopers to do?

A

obtain circumstantial evidence beyond the mere scent of marijuana to establish PC for vehicle search

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13
Q

Until new THC test kit is acquired, if a felony amount of cannabis is found, no custodial arrest shall be made until the Trooper consult with who?

A

Troop Legal Advisor

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14
Q

If a person is commanded by a peace officer to assist him/her in an arrest, will that person be civilly liable?

A

No

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15
Q

Does a person who has been commanded by a peace officer to assist him/her, does that person have the same authority to arrest as the peace officer?

A

Yes

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16
Q

Does a peace officer have to inform the person being arrested the cause of the arrest?

A

yes

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17
Q

In order to be charged with making a false report to LEO, the oral communication must be corroborated by what?

A

Audio recording or audio in a video, a written or recorded statement made by the person who gave the information, or a witness who was present when the person gave the information to the LEO

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18
Q

What is the charge for someone who knowingly gives false information to LEO concerning the allege commission of a capital felony?

A

Felony to the Third Degree

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19
Q

How long does the court have to order a hearing upon receipt of a petition for risk protection order?

A

no later than 14 days

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20
Q

How long can a court risk protection order last?

A

not exceeding 12 months

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21
Q

What will happen if the subject fails to show up to a protection order hearing?

A

court will issued the risk protection order valid for 1 year

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22
Q

When will the court hold a hearing to vacate a risk protection order?

A

No sooner than 14 days and no later than 30 days after the date of service of the request

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23
Q

If the court choose to vacate a risk protection order, how long does the court have to notify the petitioner?

A

at least 30 days before the end of the order

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24
Q

For risk protection order, how many hours does LEO have after service of the order to file the original receipt listing all firearms taken with the court?

A

72 hours

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25
Q

How long does subject have to reclaim their weapons after the risk protection order has been vacated before their weapons are destroyed?

A

1 year

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26
Q

How long does the clerk of court have to enter any risk protection order or temporary ex parte risk protection order into the system?

A

within 24 hours after issurance

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27
Q

How long does the clerk of court have to forward a copy of all risk protection order to law enforcement agency?

A

within 24 hours after issuance

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28
Q

How long does the clerk of court have to forward risk protection order or temporary ex parte risk protection order to the Department of Agricultural?

A

within 3 business days after issuance

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29
Q

What is the charge when a subject steals emergency medical equipment value at $300 or more?

A

Grand Theft - 2nd degree

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30
Q

What is the charge when a subject steals law enforcement equipment from an authorized emergency vehicle value at $300 or more?

A

Grand Theft - 2nd degree

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31
Q

What is the minimum amount stolen before someone can be charged with grand theft?

A

at least $750

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32
Q

What items stolen are automatically considered grand theft?

A

Firearm, A will, Motor Vehicle, Commercially farmed animal, Fire Extinguisher, stop sign, anhydrous ammonia, control substances, 2000 or more citrus fruits, bee colony

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33
Q

What amount is petit theft?

A

$100 or more less than$750

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34
Q

When is theft of $100 or more less than $750 of value considered grand theft?

A

When property is taken from a dwelling or from the unenclosed curtilage of a dwelling

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35
Q

How long is the first suspension of a driver license for petit theft?

A

up to 6 months

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36
Q

How long is the second or subsequent suspension of a driver license for petit theft?

A

1 year

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37
Q

A person who stores or leaves, on premise under his or her control, a loaded firearm and who knows or reasonably should know that a minor is likely to gain access to the firearm without lawful permission of the minor’s parent commit what?

A

misdemeanor of the second degree

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38
Q

What is required to test a person who used a firearm in a crime for alcohol or drugs in his or her system?

A

Probable cause

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39
Q

What can someone not be charged with when they have the presence of any controlled substance in their system?

A

Possession of a controlled substance

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40
Q

How long does an LEO have to execute and return a search warrant?

A

10 days

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41
Q

Can off-duty LEO and correction officers have the right to carry their firearm concealed?

A

Yes, at the discretion of their superior officers

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42
Q

Who are prohibited to carry firearms, ammunition, or electric weapons or devices?

A

Felons and Delinquents

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43
Q

Firearms related: What is the age in Statutes for subject committing a delinquent act?

A

under 24 yrs old

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44
Q

Do Federal LEO have the same authority in the State of Florida as Florida LEO?

A

yes

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45
Q

For felony delinquent act or crime of violence, how long does LEO have to notify the superintendent of schools?

A

immediately

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46
Q

For felony delinquent act or crime of violence, how long does the school superintendent have to release the information to school personnel?

A

48 hours

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47
Q

How long will information regarding juvenile delinquent act remain on school records?

A

no later than 9 months after the date of arrest

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48
Q

When can a juvenile be transported with an adult?

A

when both committed the same crime

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49
Q

When is notice to appear by officer without a warrant lawful?

A

Where there is probable cause to believe that a violation has been committed

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50
Q

If a juvenile is released, how long does LEO have to make a written report or probable cause affidavit to the appropriate juvenile probation officer?

A

within 24 hours

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51
Q

When shall a copy of the probable cause affidavit be file with the clerk of court for juvenile arrest?

A

within 24 hours after the affidavit or report is made excluding Saturday, Sunday, and legal holidays

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52
Q

Where shall all stop and frisk temporary detainment take place?

A

where it was first effected or the immediate vicinity threreof

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53
Q

When can stop and frisk temporary detainment turn into an arrest?

A

When probable cause exist

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54
Q

When does LEO have to the right to break into building?

A

to make arrest by warrant or when authorized to make an arrest for a felony without a warrant

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55
Q

When officers takes driver license from a subject because BAC is over .08, what’s shall be issued?

A

10-day temporary permit

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56
Q

How long does officers have to transmit result of BAC test to the department?

A

within 5 days after receipt of result

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57
Q

How long is the administrative suspension for 1st refusal?

A

1 year

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58
Q

How long is the administrative suspension for 2nd or subsequent refusal?

A

18 months

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59
Q

What else can be charged on the arrest report for a 2nd or subsequent refusal?

A

Misdemeanor charge for 2nd refusal

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60
Q

What is the suspension length for 1st DUI?

A

6 months

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61
Q

What is the suspension length for 2nd DUI?

A

1 year

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62
Q

For DUI suspensions, what is the time frame to request a formal or informal review for a restricted driving privilege?

A

within 10 days after issuance of notice of suspension

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63
Q

Will the department ability to consider any evidence submitted for a DUI suspension be affected if an officer failed to transmit the BAC result to the department?

A

No

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64
Q

For informal reviews, how long does the department have to mail a written decision to the subject and the LEO?

A

within 21 days after temporary permit has expired

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65
Q

For formal reviews, how long does the department have to send notice to the subject of the hearing officer’s decision?

A

with 7 working days

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66
Q

What is the standard use for all DL hearing reviews?

A

Preponderance of the evidence standard

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67
Q

Within how many days must the department schedule the formal review to prevent an automatic suspension invalidation?

A

30 days after receive of the request

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68
Q

For a sustained refusal, how many days must elapse before a person can be considered for a hardship license?

A

90 days

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69
Q

For a formal review, what is an automatic invalidation of suspension?

A

arresting officer or breath technician failed to appear at the review

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70
Q

Who shall hear appeals for the decision made during formal and informal reviews?

A

Circuit Court

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71
Q

If the suspended person is found not guilty at trial for unlawful BAC, what will the department do?

A

invalidate their suspension

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72
Q

How many days must elapsed before a person who is suspended for BAC of 0.08 or higher can receive a hardship license?

A

30 days

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73
Q

Can both party involved in domestic violence be arrested at the same time?

A

No

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74
Q

How long must a couple be dating before there can be dating violence?

A

at least 6 months

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75
Q

When can a person be arrested without a warrant for violating a condition of pretrial release?

A

when original arrest was for domestic or dating violence

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76
Q

What are the condition to charge someone with disorderly intoxication?

A

drinking in public and causing a public disturbance

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77
Q

What will happen if a person is convicted 3 times of disorderly intoxication?

A

deemed a habitual offender and is court ordered to a 60 days treatment program

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78
Q

For disorderly intoxication, what can a LEO do in lieu of arrest?

A

transport the person home or to a public or private health facility

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79
Q

What are the requirement to carry a concealed weapon for non-resident?

A
  1. 21 yrs of age
  2. has a concealed weapon permit from their State
  3. is a resident of the USA
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80
Q

How long does a non-resident have to switch their concealed weapon permit from their State to the State of Florida after they establishes legal residence in Florida?

A

90 days

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81
Q

What is the definition of Antique Firearms?

A

any firearms manufactured on or before 1918

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82
Q

Are Antique Firearms considered a firearm?

A

Only when it’s used to commit a crime

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83
Q

What weapon has one or more barrels measured less than 18 inches in length and when modified has an overall length of less than 26 inches?

A

Short-Barreled shotgun

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84
Q

What weapon has one or more barrels measured less than 16 inch in length and when modified has an overall length of less than 26 inches?

A

Short-Barreled Rifle

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85
Q

In order to make an arrest by warrant, does an officer need to have a warrant on him/herself ?

A

No, but when requested, shall show the warrant as soon as practicable

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86
Q

What must be done prior to releasing a child to a responsible adult other than the parent, guardian, or legal guardian?

A

conduct criminal background check of the responsible adult the child is being released to

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87
Q

What is the maximum time a child can be taken into temporary custody?

A

no longer than 6 hours

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88
Q

What conditions will likely result in death within 1 year after diagnosis if the condition runs its normal course?

A

Terminal Condition

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89
Q

How long is the course a physician have to take to be qualified as a physician to prescribe medical marijuana?

A

2 hours course with examination

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90
Q

What must be done before a physician can certify a person who is younger than 18 years old for medical marijuana use?

A

a second physician must concur with the decision

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91
Q

For medical marijuana, a person who is pregnant can only be certified for what?

A

Low-THC cannibis

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92
Q

Any changes to a medical marijuana certification must be updated in the registry within how many days?

A

within 7 days after the change is made

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93
Q

How long does the physician have to submit the medical marijuana certification to the applicable board after it has been issued to the patient?

A

within 14 days after issuing

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94
Q

What condition must exist before a physician can certify a patient under 18 years of age for marijuana in a form for smoking?

A

Terminal Condition and must have consent of parents

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95
Q

What is the supply limit for marijuana for people who has a medical marijuana certification?

A
  • three 70-day supply limit of marijuana in non-smoke form- six 35-day supply limit for marijuana in a form for smoking
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96
Q

What is use to calculate the 70-day supply limit of marijuana?

A

daily dose amount

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97
Q

Is there an exception to the 4-ounce possession limit of marijuana in a form for smoking?

A

Yes, only if the physician request and its approve by the department

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98
Q

How long does the department have to approve or disprove the physician request for an exception to daily limit amount of medicinal marijuana usage?

A

within 14 days after receipt

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99
Q

How often are qualified patients evaluated by a qualified physical for further medicinal marijuana usage?

A

every 30 weeks

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100
Q

What is the requirement for minor to receive a medicinal marijuana card?

A

Birth Certificate, current registration to K-12 School, and must have a parent or legal guardian

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101
Q

How can a qualified patient younger than 18 purchase or administered marijuana for medical us?

A

the patient’s caregiver can buy and administer the marijuana for him/her

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102
Q

How can a caregiver be designated for more than one qualified patient?

A

be a parent or legal guardian of more than one minor or adult with developmental disability

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103
Q

How long does a patient or caregiver have to return his/her medical marijuana ID card to the department once the department has revoked the card?

A

within 5 business days after revocation

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104
Q

What’s the maximum amount a 35-day supply of marijuana in smoke form can be dispensed unless a physician certified exception has been granted?

A

2.5 ounces

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105
Q

How long does a medical marijuana treatment center have to report to LEO any theft, diversion, or loss of marijuana?

A

with 24 hours

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106
Q

How often are medical marijuana treatment center inspected?

A

Biennial - once every 2 years

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107
Q

What is the charge for a person transporting marijuana or marijuana delivery device who refuse to present a transportation manifest to LEO?

A

2nd degree misdemeanor

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108
Q

What is the maximum amount of marijuana a patient or patient’s caregiver can possess while traveling?

A

70-day supply or max 4 ounces in smoking form and must remain in original packaging

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109
Q

How many convictions of voluntary or involuntary manslaughter resulting from operation of a motor vehicle before someone becomes a habitual traffic offender?

A

three or more

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110
Q

How many convictions of a felony in the commission of which a motor vehicle was used before someone becomes a habitual traffic offender?

A

three or more

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111
Q

How many convictions of DWLSR before someone becomes a habitual traffic offender?

A

three or more

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112
Q

How many convictions of hit and run resulting from death or personal injuries to another before someone becomes a habitual traffic offender?

A

three or more

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113
Q

How many convictions of driving a CMV while his or her privilege is disqualified before someone becomes a habitual traffic offender?

A

three or more

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114
Q

How many convictions for moving traffic offenses for which points may be assessed before someone becomes a habitual traffic offender?

A

15

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115
Q

What type of CDL is needed to drive a motor vehicle having a gross weight of 26001 pounds and if gross weight rating or gross vehicle weight of the vehicle being towed is more than 10,000 pounds?

A

Class A CDL

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116
Q

What type of CDL is needed to drive a motor vehicle having a gross weight of 26001 pounds and if gross weight rating or gross vehicle weight of the vehicle being towed is less than 10,000 pounds?

A

Class B CDL

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117
Q

What type of CDL is needed to drive a motor vehicle having a gross weight rating of less than 26001 pounds and who is required to obtain an endorsement?

A

Class C CDL

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118
Q

If a person operate a motor vehicle without a license or while license is suspended and cause a death or serious bodily injury commits what?

A

3rd degree felony

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119
Q

What is the charge for a first conviction for a CMV driver driving a CMV while CDL is suspended?

A

Misdemeanor

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120
Q

What is the charge for a second or subsequent conviction for a CMV driver driving a CMV while CDL is suspended?

A

Felony

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121
Q

What is the time restriction for drivers under the age of 17?

A

After 11 PM and before 6 AM

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122
Q

What is the exception to the time restriction for drivers under the age of 17?

A
  1. accompanied by a valid driver of at least 21
    2.driving to or from work or school event
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123
Q

What is the time restriction for drivers who are 17 years of age?

A

after 1 AM and before 5 AM

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124
Q

What is the exception to the time restriction for drivers who are 17 years of age?

A
  1. accompanied by a valid driver of at least 21
  2. driving to or from work or school event
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125
Q

Can a marriage be solemnized without a marriage license?

A

no

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126
Q

Within how many days must the solemnized paperwork be transmitted to the county?

A

within 10 days after solemnizing

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127
Q

Is a person who is employed by the USA while operating a noncommercial motor vehicle owned or lease by the USA and being operated on official business required to get a driver license?

A

no

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128
Q

Is a person who is operating any road machine, farm tractor, or implement of husbandry temporarily operated or moved on a highway required to get a driver license?

A

no

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129
Q

Does a person need a driver license to operate a golf cart?

A

no, but must be at least 14 yrs old

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130
Q

How long can a person living in another State and is employed by a firm in that State and the firm is under contract with the USA and the person is temporarily working in Florida for an extended period of time drive a noncommercial motor vehicle without having to obtain a Florida Driver License?

A

60 days

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131
Q

Is it a justification to use force to defend oneself or another from bodily harm while making an arrest?

A

yes

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132
Q

Is it a justification to use force in retaking a felon who have escape?

A

yes

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133
Q

Is it a justification to use force when arresting felons fleeing from justice?

A

yes

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134
Q

Is it a justification to use force when the officer reasonably believes that a fleeing felon poses a threat of death or serious physical harm to the officer or others?

A

yes

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135
Q

Is it a justification to use force while making an arrest of a fleeing felon who has committed a crime involving the infliction or threatened infliction of serious physical harm to another person?

A

yes

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136
Q

How long are marriage licenses valid for?

A

60 days

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137
Q

What does a person commit by providing false age on an application for a driver license or identification card?

A

2nd degree misdemeanor

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138
Q

What does a person commit by having a possession of a fake, forged, stolen, or blank driver license or manufacture, sell, or use said card?

A

3rd degree felony

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139
Q

What is the punishment for a person who provide false information when applying for CMV driver license or CMV learner’s permit?

A

disqualified from driving CMV for 1 year

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140
Q

What is the punishment for a person who is convicted of fraud in connection with testing for a CMV driver license or CMV learner’s permit?

A

disqualified from driving CMV for 1 year

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141
Q

Can a person have more than one valid driver license at anytime?

A

no

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142
Q

A person who has been convicted of two or more times for a DUI offense within 5 years or convicted of three or more offense within 10 years anywhere in the USA is required to do what before the department will issue them a driver license?

A

complete a department approved substance abuse education course

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143
Q

How long does a person who has been convicted of two or more times for a DUI offense within 5 years or convicted of three or more offense within 10 years anywhere in the USA have to complete a department approved substance abuse education course?

A

90 days after issuance of DL

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144
Q

What is the punishment for a person whose CMV DL has been expired for a period of 30 days or less and who drives a CMV within the State?

A

non-moving violation

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145
Q

What is the maximum amount of funds allowable to the FHP Auxiliary by Statute?

A

$50,000 per fiscal year

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146
Q

What is the suspension time for first refusal?

A

1 year

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147
Q

What is the suspension time for 2nd refusal?

A

18 months

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148
Q

How is alcohol from blood test listed?

A

grams of alcohol per 100 milliliters of blood

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149
Q

How is alcohol from a breath test listed?

A

grams of alcohol per 210 liters of breath

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150
Q

How is alcohol from urine test listed?

A

grams of alcohol per 67 milliliters of urine

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151
Q

What does the term cancellation mean?

A

declaring a driver license void or terminated

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152
Q

What does the term Commercial Motor Vehicle mean?

A
  1. gross weight vehicle rating of 26,001 lbs or more
  2. designated to transport more than 15 persons, including the driver
  3. is transporting hazardous materials
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153
Q

When is a vehicle that occasionally transports person or property to and from a closed-course Motorsport facility not considered a commercial motor vehicle?

A

when it’s not for profit and corporate sponsorship is not involved

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154
Q

What’s the displacement amount on a motor before a vehicle is considered a motorcycle?

A

more than 50cc

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155
Q

What is the meaning of revocation?

A

driving privileges is terminated

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156
Q

What is the meaning of suspension?

A

driving privileges has been withdraw by the department temporarily

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157
Q

What type of vehicle has a minimum unladen weight of 900 lbs, has a single enclosed occupant compartment, is produced in a minimum quantity of 300 in any calendar year and is capable of a speed greater than 60 miles per hour on level ground?

A

Tri-vehicle

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158
Q

Who must DHSMV seek approval from prior to using a traffic infraction detectors on state roads?

A

Department of Transportation

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159
Q

What is the illegal BAC level for a person under 21 years old?

A

.02

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160
Q

What is the suspension for 1st refusal for a person under 21 years old?

A

1 year

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161
Q

What is the suspension for 2nd or subsequent refusal for a person under 21 year old?

A

18 months

162
Q

How long does a person who is under 21 have to request a formal or informal review after receiving a DUI?

A

10 days after the issuance of the notice of suspension

163
Q

What is the BAC level for a person who is under 21 which will require that person to remain suspended until he/she has completed a substance abuse course?

A

.05 or higher

164
Q

After informal/formal review of a DUI suspension for persons under the age of 21, how long does the department have to mail the notice to the person?

A

within 7 days after completing the review

165
Q

If a person under the age of 21 request a DUI suspension review from the department, how long does the department have to schedule the review?

A

within 30 days after the request is received

166
Q

If a person under the age of 21 request a DUI suspension review and the department fails to schedule the hearing within 30 days, what happens next?

A

The department will invalidate the suspension

167
Q

How much time must elapse before a person under the age of 21 who is suspended for a DUI can request for a hardship DL?

A

30 days

168
Q

Who can hear appeals for departmental DL suspension for DUI involving a person who is under the age of 21?

A

Circuit Court

169
Q

What type of cannabis sativa has THC amount of .03 percent or less?

A

Hemp

170
Q

What are the two condition that would prevent someone from getting approval to cultivate hemp or prevent someone from getting their hemp cultivation license renewed?

A
  1. falsified application for hemp license or hemp license renewal
  2. convicted of a felony relating to a controlled substance under state or federal law
171
Q

How long following the date of a conviction of a felony relating to a controlled substance can a person be approved for a Hemp Cultivation license?

A

10 years following the date of the conviction

172
Q

How long shall the department maintain a registry of Land used to cultivate hemp?

A

3 calendar years

173
Q

What happens when a hemp cultivating licensee negligently violates the corrective action plan three times within 5 years?

A

can’t cultivate hemp for 5 years following the date of the 3rd violation

174
Q

Under the corrective action plan for Hemp Cultivator, how often must the licensee periodically report to the department on compliance?

A

at least once every 2 calendar years after the date of the violation

175
Q

What is the name of the advisory council established to provide advice and expertise to the department with respect to plans, policies, and procedures application to the administration of the state hemp program?

A

Industrial Hemp Advisory Council

176
Q

What is required before a LEO can request chemical or physical test from a person driving a commercial motor vehicle?

A

reasonable cause

177
Q

What happens if a CMV driver refused to submit to a breath, urine, or blood test for the 1st time?

A

1 year suspension

178
Q

What happens if a CMV driver refused to submit to a breath, urine, or blood test for the 2nd time?

A

permanent disqualification of CDL

179
Q

What happens if a person is incapable of refusing a blood test due to being unconscious, has a mental or physical condition?

A

shall be deemed to have consented to a blood test

180
Q

What can an LEO not charge someone with if their chemical test show a controlled substance in their system?

A

possession of a controlled substance

181
Q

What is the punishment for CMV drivers who has any amount of alcohol in their system?

A

placed out of service for 24 hrs

182
Q

What is the BAC level has to be to charge a CMV driver with a DUI?

A

.04 or higher

183
Q

What must be completed before the department can hire someone has a traffic accident investigation officer?

A

cognitive test, drug test, polygraph, psychological test and extensive background check

184
Q

What is the minimum amount of damage on vehicle crashes before involved parties are required to report to LEO?

A

at least $500

185
Q

How long does vehicle repair shops has to report vehicles brought into their shop with apparent bullet holes?

A

24 hours

186
Q

What is the charge for anybody who knowingly repair vehicles with apparent bullet holes without reporting to LEO?

A

1st degree Misdemeanor

187
Q

Does the crash report Statute apply to autonomous vehicles?

A

If vehicle has autonomous mode fully engaged, then no

188
Q

How long does LEO have to submit crash reports to the department after the investigations?

A

within 10 days

189
Q

If special circumstances exist, how long does a person who is involved in a crash have to provide LEO with insurance information?

A

24 hours - citation may be voided

190
Q

When are crash reports no longer confidential?

A

60 days after the report is filed

191
Q

What is the charge for disclosing confidential and exempt records?

A

3rd degree felony

192
Q

What is the minimum sentenced for someone who drives at a high rate of speed or in any manner which demonstrates a wanton disregard for the safety of persons, or property and causes serious bodily injury or death to another while fleeing from LEO?

A

3 years

193
Q

What does someone commits when they drives at a high rate of speed or in any manner which demonstrates a wanton disregard for the safety of persons, or property and causes serious bodily injury or death to another while fleeing from LEO?

A

1st degree Felony

194
Q

What does someone commits when they drives at a high rate of speed or in any manner which demonstrates a wanton disregard for the safety of persons, or property while fleeing from LEO?

A

2nd degree Felony

195
Q

What does a person commits by leaving or attempting to leave the scene of a crash having knowledge of an order to stop by an LEO and willfully refuses to stop in compliance, willfully flees in an attempt to elude the ordering officer and in the process causes injury to another or causes damage to any property belonging to another?

A

Aggravated Fleeing or Eluding - 2nd degree Felony

196
Q

What does a person commits by leaving or attempting to leave the scene of a crash having knowledge of an order to stop by an LEO and willfully refuses to stop in compliance, willfully flees in an attempt to elude the ordering officer and in the process causes serious bodily injury or death to another?

A

Aggravated Fleeing or Eluding - 1st degree Felony

197
Q

What is the minimum mandatory sentence for someone convicted with aggravated fleeing or eluding with serious bodily injury or death to another?

A

3 years

198
Q

What is the DL revocation period for a person in violation of the fleeing or attempting to flee from LEO Florida Statute?

A

more than 1 year but not to exceed 5 years

199
Q

What is any container of alcoholic beverage which is immediately capable of being consumed from, or the seal of which has been broken?

A

Open container

200
Q

When is an open container deemed to be in possession of the operator of a vehicle?

A
  1. not in possession of the passenger
  2. not located in a locked glove compartment
  3. not located in a locked trunk
  4. not located in other locked non-passenger area of the vehicle
201
Q

When is an open container considered to be in the possession of a passenger of a vehicle?

A

when the container is in physical control of the passenger

202
Q

The open container statute does not apply to who?

A
  1. passenger of a limo
  2. passenger of a bus
  3. passenger of a self-contained motor vehicle which is in excess of 21 feet in length
203
Q

What is not considered an open container?

A

A bottle of wine that has been resealed

204
Q

Does the wireless communication device prohibition statute apply to a vehicle not in motion?

A

No

205
Q

What must a LEO do when they stop a motorist for texting while driving?

A

inform the motorist of his or her right to decline a search of his or her wireless communications device

206
Q

What is the punishment for the 1st violation of the wireless communication device prohibition statute?

A

non-moving violation

207
Q

What is the punishment for the 2nd or subsequent violation of the wireless communication device prohibition statute within 5 years of the prior conviction date?

A

moving violation

208
Q

What must be recorded when an LEO issue a citation for violation of the wireless communication device prohibition statute?

A

must record race and ethnicity of the violator

209
Q

Where on the roadway must a person operating a moped at less than the normal speed of traffic?

A

ride as close as possible to right-hand curb or edge of the road

210
Q

When are moped allowed to ride away from the right-hand curb or edge of the road?

A
  1. overtaking or passing
  2. preparing to turn left
  3. avoid an obstruction
211
Q

When does moped operator has all rights or duties applicable to a pedestrian?

A

when pushing moped along sidewalk or across the roadway

212
Q

Is it legal for a moped operator to propel a moped upon and along a sidewalk while the motor is operating?

A

no

213
Q

What is the keyword for careless driving?

A

Careful and Prudent

214
Q

What is the BAC level set by statute that would presume someone is not under the influence of an alcoholic beverage to the extent that his or her normal faculties were impaired?

A

.05 or less

215
Q

What is the prima facie evidence that a person was under the influence of alcoholic beverage to the extent that his or her normal faculties were impaired?

A

BAC level of .08 or higher

216
Q

What is the maximum total outside width of any vehicle or the load thereon?

A

102 inches

217
Q

What condition must exist before DOT can prohibit vehicles that are wider than 96 inches from traveling on certain road?

A

public roads that does not have at least one through lane of 12 feet or more in width in each direction

218
Q

What is the maximum height limit on a vehicle?

A

13 feet 6 inches

219
Q

What type of vehicle is exempt from the maximum height rule?

A

automobile transporter

220
Q

Whats the maximum height of an automobile transporter?

A

14 feet

221
Q

What is the maximum length allowed for a combination of vehicles?

A

65 feet

222
Q

What is the maximum length of a automobile or boat transporter semitrailer?

A

50 feet with 6 feet extension to the rear of trailer

223
Q

What is the exception for the length requirement for automobile or boat transporter semitrailer?

A

must be non-stinger-steered and is 65 to 80 feet or less in overall length

224
Q

How far can the overall length of straight truck or truck tractor-semitrailer transporting horticultural trees be extended beyond the rear of the vehicle?

A

10 feet

225
Q

What is the maximum length of a straight truck?

A

40 feet

226
Q

What is the maximum length of a straight truck equipment with a fork lift?

A

50 feet

227
Q

What is the maximum length of a straight truck pulling a trailer?

A

68 feet

228
Q

How many trailer can a straight truck tow?

A

One

229
Q

What is the maximum length for a Truck Tractor-semitrailer combination?

A

48 feet

230
Q

What is required before a Truck Tractor-semitrailer combination over 48 feet in length can operate on Florida Roadways?

A

required a permit

231
Q

How many feet can a load extend beyond the front wheels of a vehicle?

A

3 feet

232
Q

How many feet can a load extend beyond the front of a stinger-steered automobile transporter?

A

4 feet

233
Q

What is the load extension limitation exception?

A

bicycle racks carrying bicycles on public sector transit vehicles

234
Q

What is the maximum extension for bicycle racks on public sector transit vehicles?

A

8 feet 6 inches

235
Q

What is exempt from the width and height limitations?

A

farming and agricultural equipment when temporarily operated during daylight hours

236
Q

How does farming and agricultural equipment qualify for the exemption from the width and height limitation?

A

by operating within 50 miles radius of the real property owned or leased

237
Q

What is the exemption for the 50 miles regulation for the exemption of farming and agricultural equipment from the width and height limitation?

A

if the equipment is being delivered by a dealer to a purchaser

238
Q

What is required to be equiped on a farming or agricultural equipment greater than 174 inches in width?

A
  1. warning lamps mounted on each side
  2. sign that indicates slow-moving vehicle
239
Q

What distance shall the warning lamps on farming and agricultural equipment greater than 174 inches wide be seen at?

A

1000 feet

240
Q

What is required when transporting poles during daytime, except on weekends and holidays, with an overall length in excess of 75 feet?

A
  1. working warning light device
  2. escort vehicle when making turns
241
Q

What is required when transporting poles during night time with an overall length in excess of 75 feet.

A
  1. working warning light device
  2. 1 front escort vehicle and 1 rear escort vehicle
242
Q

What is required for emergency maintenance operation of utility vehicles with overall lengths of over 50 feet?

A

led by escort vehicle

243
Q

What is prohibited for a utility vehicle over 50 feet in length?

A

prohibited from pulling trailers

244
Q

What is the maximum length of a bus or private motor coach?

A

50 feet

245
Q

What is the maximum length for an articulated coach?

A

65 feet

246
Q

What is a saddle mount maximum overall length?

A

97 feet

247
Q

How many saddle mounts can be towed at one time?

A

three

248
Q

What is the maximum number of combination of vehicles is allowed for refuse collection and transport?

A

five

249
Q

What is the maximum length of a motor home?

A

45 feet

250
Q

What is the maximum length of a tow-away trailer transporter combination?

A

82 feet

251
Q

Who is exempt from electronic logging devices and hours of service supporting documents?

A

people who operate CMV for intrastate commerce and does not transport hazardous materials in amounts that require placarding

252
Q

How long can a person drive when operating CMV for intrastate commerce and is not transporting hazmat in amount that requires placarding?

A

1 . 12 hours with 10 hours rest 2. or for any period after the end of the 16th hour after coming on duty with 10 hours rest

253
Q

Who is exempt from the hours worked regulation for CMV intrastate commerce?

A

drivers operating utility service vehicles

254
Q

What i the maximum amount of hours in 7 consecutive days a CMV driver can operate a CMV for intrastate commerce and isn’t transporting any HAZMAT?

A

70 hours

255
Q

What is the maximum amount of hours in 8 consecutive days a CMV driver can operate a CMV for intrastate commerce and isn’t transporting any HAZMAT?

A

80 hours

256
Q

After 7 or 8 consecutive days of driving a CMV for intrastate commerce and isn’t transporting any HAZMAT, how long must the driver rest?

A

34 consecutive hours

257
Q

What is the exemption for the weekly work hours limit for CMV Intrastate Commerce?

A

people who operates CMV for intrastate while transporting unprocessed agricultural products, unprocessed food or fiber during harvest periods

258
Q

CMV motor carrier has how long to furnish time records upon request by DHSMV?

A

within 2 days

259
Q

What is the exemption to the weekly hours limit for CMV intrastate commerce?

A

if operating CMV within 150 air-mile radius of the location where the vehicle is based

260
Q

What distance must the lettering on CMV side be visible at?

A

50 feet

261
Q

How current should a CMV driver medical card be?

A

within the past 24 months

262
Q

What CMV driver is exempt from the requirement relating to controlled substances and alcohol use and testing?

A

driver who operates a covered farm vehicle

263
Q

What is the distance limit for CMV driver who operates a covered farm vehicle in order to be exempt from the requirement relating to controlled substances and alcohol use and testing?

A

150 air miles of the farm ranch and the covered farm vehicle is 26001 lbs or less

264
Q

When can a person less than 18 years of age operate a CMV with a gross weight of less than 26001 lbs?

A

when transporting agricultural products, including horticultural or forestry products, from farm or harvest place to storage or market

265
Q

How long does CMV driver have to fix unsafe equipment?

A

within 14 days

266
Q

What type of vehicle are exempt from safety regulations?

A

nonpublic sector bus

267
Q

What does a person commit when they leave the scene of a vehicle crash involving property damage?

A

2nd degree misdemeanor

268
Q

What is the violation for not moving a operable crashed vehicle out of the roadway?

A

non-moving violation

269
Q

What is required to be installed for the second conviction of DUI?

A

interlock device for 1 year

270
Q

What does a person commit when they are convicted of a third violation of DUI within 10 years after a prior conviction?

A

3rd degree felony

271
Q

What is required to be installed for the 3rd conviction of DUI?

A

interlock device for 2 years

272
Q

Whats the fine amount for 3rd DUI that occurs more than 10 years after the date of a prior conviction?

A

not less than $2000 or more than $5000

273
Q

Whats the prison time for 3rd DUI that occurs more than 10 years after the date of a prior conviction?

A

maximum of 12 months

274
Q

What does a person commit when they are convicted of a fourth or subsequent DUI?

A

3rd degree felony

275
Q

What is the fine amount for a fourth DUI?

A

minimum of $2000

276
Q

What is length of time of ignition interlock for fourth DUI?

A

6 continuous month

277
Q

What is the minimum mandatory prison time for DUI manslaughter?

A

4 years

278
Q

What is the BAC level for increased fine and prison time for DUI?

A

.15 or higher

279
Q

Other then the BAC level for increased fine and prison time for DUI, what else can cause increased fine and prison time for DUI?

A

having a person under the age of 18 in the vehicle at time of offense

280
Q

What is required to be installed when BAC level is .15 or higher or if there was a person under the age of 18 in the vehicle at the time of the DUI offense?

A

1st offense: ignition interlock device for 6 continuous months2nd offense: ignition interlock device for 2 continuous years

281
Q

What is the probation period for 1st DUI conviction?

A

1 year

282
Q

What is the community work hours required for 1st DUI conviction?

A

50

283
Q

What is the minimum imprisonment for 2nd conviction of DUI within a period of 5 years after the date of the prior conviction?

A

not less than 10 days

284
Q

What is the minimum imprisonment for 3rd or subsequent conviction of DUI within a period of 10 years after the date of prior conviction?

A

30 days

285
Q

What is required before the jail can release a person who is DUI?

A

BAC is less than 0.05 or 8 hours has elapsed

286
Q

What is a three-wheeled motorcycle that has two wheels in front and one wheel in the back; equipment with a roll cage or roll hoops?

A

autocycle

287
Q

What type of vehicle propelled solely by human power at speed of not more than 20 miles per hour on level ground?

A

bicycle

288
Q

What type of vehicle designed for carrying more than 10 passengers?

A

Bus

289
Q

What type of vehicle has 4 wheels and is operated similar to a bicycle, has at least 5 but no more than 15 seats for passengers and is primarily powered by pedaling but may have auxiliary motor capable of propelling the vehicle at no more than 15 mph?

A

Commercial Megacycle

290
Q

What is the period from a half hour before sunrise to a half hour after sunset?

A

Daytime

291
Q

What are liquids which has a flash point of 70 degrees fahrenheit or less, as determined by a tagliabue or equivalent close-cup test device?

A

Flammable Liquid

292
Q

What are vehicles designed and used for the transportation of nine or more migrant or seasonal farm workers, in addition to the driver, to or from the place of employment or employment-related activities?

A

Farm Labor Vehicle

293
Q

What are specialized combination vehicle consisting of a track carrying a separable cargo-carry unit combined with a semitrailer, the entire combination may not exceed 65 feet in length, and a single component of that combination may not exceed 34 feet in length?

A

Maxi-Cube Vehicles

294
Q

What type of vehicle has max of 2 brake horsepower and not capable of propelling at speed greater than 30 miles per hour on level ground?

A

Moped

295
Q

What type of vehicles powered by a motor with or without a seat or saddle for the use of the rider and is designed to travel on not more than 3 wheels and is not capable of speed greater than 20 miles per hour on level ground?

A

Motorized Scooter

296
Q

What is any person who is in actual physical control of a motor vehicle upon the highway or who is exercising control over or steering a vehicle being towed by a motor vehicle?

A

Operator

297
Q

What type of tire uses compressed air designed to support a load?

A

Pneumatic Tire

298
Q

What type of vehicle designed to be operated on sidewalks and crosswalks and weighs less than 80 lbs and has a maximum speed of 10 mph?

A

Personal Delivery Device

299
Q

What are territory contiguous to, and including, a highway, not comprising a business district, where the property of such highway, for a distance of 300 feet or more, is, in the main, improved with residences or residences and building in use for business?

A

Resident District

300
Q

What is the termination of a licensee’s privilege to drive a motor vehicle?

A

Revocation

301
Q

What is the arrangement whereby the front wheels of one vehicle rest in a secured position upon another vehicle?

A

Saddle Mount

302
Q

What is a temporary withdrawal of a licensee’s driving privilege?

A

suspension

303
Q

What are any two axles the centers of which are more than 40 inches but not more than 96 inches apart and are individually attached to or articulated from?

A

Tandem Axle

304
Q

What is the hardware or software installed in a motor vehicle which allow a remote human operator to supervise or perform aspects of, or the entirety of, the dynamic driving task?

A

Teleoperation system

305
Q

Which type of vehicles are an enclosed three-wheeled passenger vehicle that has a minimum unladen weight of 900 lbs, has a single, completely enclosed occupant compartment, is produced in a minimum quantity of 300 in any calendar year, is capable of speed greater than 60 miles per hour on level ground and is designed to operate with three wheels in contact with the ground?

A

Tri-vehicle

306
Q

What should a driver do when crashing into and causing damage to unattended property?

A

notify the owner of the property or attach securely in a conspicuous place in or on the property a writing notice giving the driver’s name, address, and the registration number of the vehicle and notify LEO

307
Q

How long does the owner of the vehicle have to report a crash if the driver is unable to do so?

A

within 10 days after the crash

308
Q

What is defined as any person who drives any vehicle in willful or wanton disregard for the safety of persons or property?

A

Reckless Driving

309
Q

What is the prison time for first conviction of reckless driving?

A

maximum of 90 days

310
Q

What is the fine for first conviction of reckless driving?

A

not less than $25 and not more than $500

311
Q

What is the prison time for 2nd or subsequent conviction of reckless driving?

A

maximum of 6 months

312
Q

What is the fine for 2nd or subsequent conviction of reckless driving?

A

not less than $50 and not more than $1000

313
Q

A person commits what when convicted of reckless driving with serious bodily injury?

A

3rd degree felony

314
Q

A person commits what when convicted of a hit and run involving injuries other than serious bodily injuries?

A

3rd degree felony

315
Q

A person commits what when convicted of a hit and run involving serious bodily injuries?

A

2nd degree felony

316
Q

What is the mandatory minimum term of imprisonment for Hit and Run involving death?

A

4 years

317
Q

What is the driver license revocation time for drivers who is convicted of any felony hit and run?

A

at least 3 years

318
Q

What is required before a driver who is convicted of any felony hit and run can reinstate their license?

A

3 year revocation date has passed and complete a victim’s impact panel session or a department-approved driver improvement course relating to the rights of vulnerable road user

319
Q

What can the court require a person to complete if they cause the death or serious bodily injury to another while in the commission of a noncriminal traffic infraction?

A

120 community service hours in trauma center or hospital

320
Q

What crashes does the punishment for death and personal injuries statute not apply to?

A

Motorsports events

321
Q

What is the maximum speed limit for all vehicles in a business or residence districts?

A

30 mph

322
Q

What is the maximum speed limit for all vehicles outside of business or residence districts?

A

55 mph

323
Q

How low can the county and municipality lower speed limits in business or residence districts?

A

20 or 25 mph

324
Q

What is the minimum speed on Interstate having fewer than 4 lanes?

A

40 mph

325
Q

What is the minimum speed on Interstate having fewer than 4 lanes, however; the posted speed limit is 70 mph?

A

50 mph

326
Q

Are school bus allowed to exceed the posted speed limits at any time?

A

No

327
Q

When are drivers allow to drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic?

A

when its necessary for safe operation or in compliance with the law

328
Q

How long does the department have to send a written report of child abuse allegation to the appropriate county sheriff’s office after the initial report is made to the central abuse hotline?

A

48 hours

329
Q

What type of child abuse report requires a report to be made IMMEDIATELY to the sheriff’s office or other appropriate LEO agency?

A

involving impregnation of a child under 16 yrs old by a person 21 years of age or older

330
Q

Who shall be notified if a person required to report or investigate cases of suspected child abuse, abandonment, or neglect has reasonable cause to suspect that a child died as a result of child abuse, abandonment, or neglect?

A

Medical Examiner

331
Q

When shall a child abuse case be investigated immediately?

A

when the child appears to be endangered or the family may flee with the child

332
Q

When will the department investigate child abuse cases where the child is not endangered or the family is not going to flee with the child?

A

within 24 hours of receiving the report

333
Q

What side of the roadway are vehicles suppose to be driven on?

A

the right half of the roadway

334
Q

When can a vehicle be exempt from being driven on the right side of the roadway?

A
  1. passing/overtaking2. avoid obstructions3. 3 lanes roadway4. one-way traffic
335
Q

When passing a vehicle, at what distance from any approaching vehicle must the passing vehicle return to an authorized lane of travel?

A

within 200 feet

336
Q

What does a person commit when they willfully to fail or refuse to comply with any lawful order or direction of any LEO, fire fighters, EMS or medical personnel at emergency scene?

A

2nd degree misdemeanor

337
Q

What type of roads can a person operate a golf cart on?

A

Roadway designated for golf cart and has a speed limit of 30 mph or less

338
Q

When can a golf cart be driven on roadway that is not designated for golf cart operation?

A

When the non-designated roadway intersects a designated roadway and the golf cart needs to cross over to the other side

339
Q

What is the maximum speed of a golf cart on level ground?

A

20mph

340
Q

Are golf cart required to be tagged and titled?

A

No

341
Q

What type of golf cart requires a driver license to operate and must be tagged and titled?

A

Converted Golf Carts

342
Q

112.532 - LEO and CO rights while be investigated

When should interrogation of LEO and CO be conducted?

A

At a reasonable hour, preferably at time when he/she is on duty, unless the seriousness of the investigation requires immediate action

343
Q

112.532 - LEO and CO rights while be investigated

Where should interrogation of LEO and CO take place?

A

The interrogation shall take place either at the office of the command of the investigating officer or at the office of the local precinct, police unit, or correctional unit in which the incident allegedly occurred.

344
Q

112.532 - LEO and CO rights while be investigated

What must take place before an interrogation can start?

A

LEO/CO must be informed of the nature of the investigation before any interrogation begins, and he or she must be informed of the names of all complainants.

345
Q

112.532 - LEO and CO rights while be investigated

What must be done prior to interrogation if the LEO or CO is likely to be placed under arrest as a result of the interrogation?

A

he or she shall be completely informed of all his or her rights before commencing the interrogation.

346
Q

112.532 - LEO and CO rights while be investigated

What is the statute of limitation for investigations against LEO or CO?

A

180 days - otherwise agency can’t discipline

347
Q

If a driver of a motor vehicle follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway, which statute is the driver violating?

A

Following too closely

348
Q

What is the following distance allowed by statute if the vehicle being driven is a motor truck, motor truck drawing another vehicle, or vehicle towing another vehicle or trailer following a motor truck, motor truck drawing another vehicle or vehicle towing another vehicle or trailer?

A

300 feet

349
Q

Does the following too closely statute apply to funeral processions?

A

No

350
Q

Can a vehicle be parked in front of a public or private driveway?

A

No

351
Q

How close to a fire hydrant is a vehicle prohibited from parking?

A

within 15 feet

352
Q

How close to a crosswalk or an intersection is a vehicle prohibited from parking?

A

within 20 feet

353
Q

How close upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway is a vehicle prohibited from parking?

A

within 30 feet

354
Q

How close to a fire station driveway is a vehicle prohibited to park?

A

Within 20 feet

355
Q

On the street opposite to the entrance to a fire station, how close is a vehicle prohibited to park?

A

within 75 feet

356
Q

How close to the nearest rail of a railroad crossing is a vehicle prohibited to park unless DOT establishes a different distance due to unusual circumstances?

A

Within 50 feet

357
Q

Can a citation be written to someone for not wearing their seatbelt if their vehicle is not in motion?

A

No, vehicle must be in motion

358
Q

Are passenger who is not sitting in the front seat of a vehicle required to wear a seat belt?

A

Only if passenger is under the age of 18

359
Q

Are employee of a solid waste or recyclable collection service required to wear a seatbelt while in the course of collecting solid waste or recyclables on designated routes?

A

No

360
Q

Are rural letter carrier of the USPS required to wear a seat belt while performing duties on their designated postal route?

A

No

361
Q

What is the charge if someone was to paint their car in the exact same way as an FHP Patrol Vehicle?

A

First Degree Misdemeanor

362
Q

Is it illegal for unauthorized wrecker operator or its employees or agents to monitor police radio for communications between patrol field units and the dispatcher?

A

Yes - noncriminal violation

363
Q

What is the charge if an unauthorized wrecker operator drives by the scene of a wreck or disable vehicle before the arrival of the authorized wrecker operator, initiate contact with the owner or operator of such vehicle by soliciting or offering towing services, and tows such vehicle?

A

Second degree misdemeanor

364
Q

What is the charge if an unauthorized wrecker operator drives by the scene of a wrecked or disabled vehicle and the owner or operator initiates contact by signaling the wrecker operator to stop and provide services?

A
  1. It is perfectly legal if the unauthorized wrecker operator disclosed to the owner or operator of the vehicle that he or she is not an authorized wrecker operator who has been designated as part of the wrecker operator system and also disclose, in writing, what charges for towing and storage will apply before the vehicle is connected to the towing apparatus
  2. If information in (1) is not disclosed, the unauthorized wrecker operator can be charged with a second degree misdemeanor
365
Q

What is the charge if a wrecker operator falsely identify himself or herself as being part of the wrecker operator system?

A

first degree misdemeanor

366
Q

How many days after beginning employment or education is a non-resident requires to obtain a Florida driver license?

A

30 days

367
Q

How many days after a non-resident begins employment or education is the non-resident’s spouse or dependent child requires to obtain a Florida driver license?

A

30 days

368
Q

A member of the United States Armed Forces on active duty in this state, his or her spouse, or a dependent residing with him or her, is not required to obtain or display a Florida driver license if he or she is in possession of what?

A
  1. valid military identification card
  2. either a valid driver license or learner’s permit issued by another state, or a valid military driving permit
369
Q

Are nonresident who is domiciled in another state and who commutes into this state in order to work required to obtain a Florida driver license under this section solely because he or she has accepted employment or engages in a trade, profession, or occupation in this state?

A

Not required, if he or she has a valid driver license issued by another state?

370
Q

Are nonresident who are enrolled as a full-time student in such institution of higher learning require to obtain Florida driver license?

A

No

371
Q

Can a nonresident who is at least 21 years of age and who has in his or her immediate possession a valid commercial driver license issued in substantial compliance with the Commercial Motor Vehicle Safety Act of 1986 operate a motor vehicle of the type permitted by his or her license to be operated in the State of Florida?

A

Yes

372
Q

What must occurs before a felony is considered a forcible felony?

A

These are felonies that involves the use or threat of physical force or violence against any individual.

373
Q

How can a person get rid of a unjustifiable use of force charge on their criminal history record due to the State Attorney ruling their use of force as justified due to self defense?

A

apply for a certificate of eligibility to expunge the associated criminal history record

374
Q

What is the sentence if someone is find guilty of murder of a law enforcement officer, correctional officer, correctional probation officer?

A

Life imprisonment without possibility of release

375
Q

What is the charge level for a person who intentionally kill a living fetus while that fetus is partially born?

A

Partial-birth abortion - 2nd degree felony

376
Q

What type of offense will cause a person to be imposed with the death sentence?

A

First Degree Murder

377
Q

When is a homicide excusable?

A
  1. when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or
  2. by accident and misfortune while in the heat of passion
378
Q

While in the process of committing a felony or any unlawful act, the subject kills another person; what did this subject commit?

A

manslaughter - 2nd degree felony

379
Q

Does the State of Florida recognize the common law-rule of evidence known as “year-and-a-day rule”?

A

No, this provision was abrogated and does not apply in the State of Florida

380
Q

To be considered a “Vehicular Homicide”, what must the death be caused by?

A

caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.

381
Q

An “aggravated assault” is an assault with what?

A
  1. With a deadly weapon without intent to kill or
  2. with an intent to commit a felony
382
Q

What is the main element to “Assault”?

A
  1. there was a unlawful threat by word or act to do violence to the person of another
  2. the person had the apparent ability to do so
  3. the victim had a well-founded fear in such other person that such violence is imminent
383
Q

For a protective injunction, what’s the distance from the petitioner’s residence, school, place of employment, or a specified frequented regularly by the petitioner and any named family or household member can a subject not venture within?

A

within 500 feet

384
Q

For a protective injunction, a subject can not knowingly and intentionally coming within what distance of the petitioner’s motor vehicle, whether or not that vehicle is occupied?

A

within 100 feet

385
Q

Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device at a law enforcement officer, engaged in the performance of his or her official duties, in such a manner that would cause a reasonable person to believe that a firearm is pointed at him or her commits what?

A

a noncriminal violation

386
Q

Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft commits what?

A

a felony of the third degree

387
Q

Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft and such act results in bodily injury commits what?

A

a felony of the second degree

388
Q

Can a law enforcement officer arrest a person, without a warrant, if he or she has probable cause to believe the person to have violated the sexual cyber harrassment Statute?

A

Yes

389
Q

Does a person who is depicted in a sexually explicit image taken with the person’s consent have a reasonable expectation that the image will remain private despite sharing the image with another person, such as an intimate partner?

A

yes

390
Q

A person who knowingly and willfully uses a self-defense chemical spray, a nonlethal stun gun or other nonlethal electric weapon or device, or a dart-firing stun gun against a law enforcement officer engaged in the performance commits what?

A

3rd Degree Felony

391
Q

Can a person have in his or her care, custody, possession, or control any firearm or ammunition if the person has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence, or from committing acts of stalking or cyberstalking?

A

No

392
Q

Can a State or Local LEO have in his or her care, custody, possession, or control any firearm or ammunition if the person has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence, or from committing acts of stalking or cyberstalking?

A

Yes, unless otherwise prohibited by their employing agency

393
Q

Can a black search warrant be issued?

A

No

394
Q

How many days must a search warrant be returned after issuance?

A

10 days

395
Q

What does battery of a child entails?

A

knowingly cause or attempt to cause a child to come into contact with blood, seminal fluid, or urine or feces by throwing, tossing, projecting, or expelling such fluid or material.

396
Q

If a person is convicted of an aggravated assault or aggravated battery upon a person 65 years of age or older, what is the minimum imprisonment?

A

3 years

397
Q

If a person is convicted of an aggravated assault or aggravated battery upon a person 65 years of age or older, how many hours of community service work may be required by a judge?

A

500 hours of community service work

398
Q

When can an arrest be made for any offense where a minor child is accidentally shot by another family member?

A

An arrest can be made 7 days after the date of the shooting.

399
Q

For stalking injunctions: How long does LEO the injunction after it has been issued by the courts?

A

within 24 hours

400
Q

For stalking injunctions: After an injunction is served how long does the LEO have to forward written proof of service of process to the Sheriff having jurisdiction over the residence of the petitioner?

A

within 24 hours

401
Q

For stalking injunctions: After the Sheriff have received certified copy of the injunction showing it has been served, how long does the Sheriff have to forward the injunction to all other Law Enforcement Agency by electronically transmitting it to FDLE?

A

within 24 hours

402
Q

A person operating or occupying a motor vehicle on a street or highway may not operate or amplify the sound produced by a radio, tape player, compact disc player, portable music or video player, cellular telephone, tablet computer, laptop computer, stereo, television, musical instrument, or other mechanical or electronic soundmaking device or instrument, which sound emanates from the motor vehicle, so that the sound is plainly audible from a motor vehicle at a distance of?

A

25 feet or more