2024-2025 SGT Bibliography - Statutes Flashcards
What drug is not subject to presumptive field testing?
Legal Medical Marijuanna
What is defined as legal hemp?
cannabis containing THC of .03% or less
What happens when samples of cannabis test negative on the Duquenois-Levine Reagent System?
No further actions should be taken
What is considered illegal marijuanna?
cannabis containing THC higher than .03%
Who must sworn member consult if they are unable to use the Cannabis Typification test kit?
Troop Legal Advisor
What standard is used when conducting cannabis investigations?
Odor plus standard
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?
detain and search the vehicle
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?
must determine if it is marijuana or hemp
If subject advised what they have is marijuana then what?
must determine if the marijuana was legally obtained
If determined that marijuana is illegally obtained, then what?
detain and search vehicle
Does the “odor plus/sniff plus standard” apply to K-9?
yes
What does the “odor plus standard” require Troopers to do?
obtain circumstantial evidence beyond the mere scent of marijuana to establish PC for vehicle search
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?
Troop Legal Advisor
If a person is commanded by a peace officer to assist him/her in an arrest, will that person be civilly liable?
No
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?
Yes
Does a peace officer have to inform the person being arrested the cause of the arrest?
yes
In order to be charged with making a false report to LEO, the oral communication must be corroborated by what?
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
What is the charge for someone who knowingly gives false information to LEO concerning the allege commission of a capital felony?
Felony to the Third Degree
How long does the court have to order a hearing upon receipt of a petition for risk protection order?
no later than 14 days
How long can a court risk protection order last?
not exceeding 12 months
What will happen if the subject fails to show up to a protection order hearing?
court will issued the risk protection order valid for 1 year
When will the court hold a hearing to vacate a risk protection order?
No sooner than 14 days and no later than 30 days after the date of service of the request
If the court choose to vacate a risk protection order, how long does the court have to notify the petitioner?
at least 30 days before the end of the order
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?
72 hours
How long does subject have to reclaim their weapons after the risk protection order has been vacated before their weapons are destroyed?
1 year
How long does the clerk of court have to enter any risk protection order or temporary ex parte risk protection order into the system?
within 24 hours after issurance
How long does the clerk of court have to forward a copy of all risk protection order to law enforcement agency?
within 24 hours after issuance
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?
within 3 business days after issuance
What is the charge when a subject steals emergency medical equipment value at $300 or more?
Grand Theft - 2nd degree
What is the charge when a subject steals law enforcement equipment from an authorized emergency vehicle value at $300 or more?
Grand Theft - 2nd degree
What is the minimum amount stolen before someone can be charged with grand theft?
at least $750
What items stolen are automatically considered grand theft?
Firearm, A will, Motor Vehicle, Commercially farmed animal, Fire Extinguisher, stop sign, anhydrous ammonia, control substances, 2000 or more citrus fruits, bee colony
What amount is petit theft?
$100 or more less than$750
When is theft of $100 or more less than $750 of value considered grand theft?
When property is taken from a dwelling or from the unenclosed curtilage of a dwelling
How long is the first suspension of a driver license for petit theft?
up to 6 months
How long is the second or subsequent suspension of a driver license for petit theft?
1 year
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?
misdemeanor of the second degree
What is required to test a person who used a firearm in a crime for alcohol or drugs in his or her system?
Probable cause
What can someone not be charged with when they have the presence of any controlled substance in their system?
Possession of a controlled substance
How long does an LEO have to execute and return a search warrant?
10 days
Can off-duty LEO and correction officers have the right to carry their firearm concealed?
Yes, at the discretion of their superior officers
Who are prohibited to carry firearms, ammunition, or electric weapons or devices?
Felons and Delinquents
Firearms related: What is the age in Statutes for subject committing a delinquent act?
under 24 yrs old
Do Federal LEO have the same authority in the State of Florida as Florida LEO?
yes
For felony delinquent act or crime of violence, how long does LEO have to notify the superintendent of schools?
immediately
For felony delinquent act or crime of violence, how long does the school superintendent have to release the information to school personnel?
48 hours
How long will information regarding juvenile delinquent act remain on school records?
no later than 9 months after the date of arrest
When can a juvenile be transported with an adult?
when both committed the same crime
When is notice to appear by officer without a warrant lawful?
Where there is probable cause to believe that a violation has been committed
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?
within 24 hours
When shall a copy of the probable cause affidavit be file with the clerk of court for juvenile arrest?
within 24 hours after the affidavit or report is made excluding Saturday, Sunday, and legal holidays
Where shall all stop and frisk temporary detainment take place?
where it was first effected or the immediate vicinity threreof
When can stop and frisk temporary detainment turn into an arrest?
When probable cause exist
When does LEO have to the right to break into building?
to make arrest by warrant or when authorized to make an arrest for a felony without a warrant
When officers takes driver license from a subject because BAC is over .08, what’s shall be issued?
10-day temporary permit
How long does officers have to transmit result of BAC test to the department?
within 5 days after receipt of result
How long is the administrative suspension for 1st refusal?
1 year
How long is the administrative suspension for 2nd or subsequent refusal?
18 months
What else can be charged on the arrest report for a 2nd or subsequent refusal?
Misdemeanor charge for 2nd refusal
What is the suspension length for 1st DUI?
6 months
What is the suspension length for 2nd DUI?
1 year
For DUI suspensions, what is the time frame to request a formal or informal review for a restricted driving privilege?
within 10 days after issuance of notice of suspension
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?
No
For informal reviews, how long does the department have to mail a written decision to the subject and the LEO?
within 21 days after temporary permit has expired
For formal reviews, how long does the department have to send notice to the subject of the hearing officer’s decision?
with 7 working days
What is the standard use for all DL hearing reviews?
Preponderance of the evidence standard
Within how many days must the department schedule the formal review to prevent an automatic suspension invalidation?
30 days after receive of the request
For a sustained refusal, how many days must elapse before a person can be considered for a hardship license?
90 days
For a formal review, what is an automatic invalidation of suspension?
arresting officer or breath technician failed to appear at the review
Who shall hear appeals for the decision made during formal and informal reviews?
Circuit Court
If the suspended person is found not guilty at trial for unlawful BAC, what will the department do?
invalidate their suspension
How many days must elapsed before a person who is suspended for BAC of 0.08 or higher can receive a hardship license?
30 days
Can both party involved in domestic violence be arrested at the same time?
No
How long must a couple be dating before there can be dating violence?
at least 6 months
When can a person be arrested without a warrant for violating a condition of pretrial release?
when original arrest was for domestic or dating violence
What are the condition to charge someone with disorderly intoxication?
drinking in public and causing a public disturbance
What will happen if a person is convicted 3 times of disorderly intoxication?
deemed a habitual offender and is court ordered to a 60 days treatment program
For disorderly intoxication, what can a LEO do in lieu of arrest?
transport the person home or to a public or private health facility
What are the requirement to carry a concealed weapon for non-resident?
- 21 yrs of age
- has a concealed weapon permit from their State
- is a resident of the USA
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?
90 days
What is the definition of Antique Firearms?
any firearms manufactured on or before 1918
Are Antique Firearms considered a firearm?
Only when it’s used to commit a crime
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?
Short-Barreled shotgun
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?
Short-Barreled Rifle
In order to make an arrest by warrant, does an officer need to have a warrant on him/herself ?
No, but when requested, shall show the warrant as soon as practicable
What must be done prior to releasing a child to a responsible adult other than the parent, guardian, or legal guardian?
conduct criminal background check of the responsible adult the child is being released to
What is the maximum time a child can be taken into temporary custody?
no longer than 6 hours
What conditions will likely result in death within 1 year after diagnosis if the condition runs its normal course?
Terminal Condition
How long is the course a physician have to take to be qualified as a physician to prescribe medical marijuana?
2 hours course with examination
What must be done before a physician can certify a person who is younger than 18 years old for medical marijuana use?
a second physician must concur with the decision
For medical marijuana, a person who is pregnant can only be certified for what?
Low-THC cannibis
Any changes to a medical marijuana certification must be updated in the registry within how many days?
within 7 days after the change is made
How long does the physician have to submit the medical marijuana certification to the applicable board after it has been issued to the patient?
within 14 days after issuing
What condition must exist before a physician can certify a patient under 18 years of age for marijuana in a form for smoking?
Terminal Condition and must have consent of parents
What is the supply limit for marijuana for people who has a medical marijuana certification?
- three 70-day supply limit of marijuana in non-smoke form
- six 35-day supply limit for marijuana in a form for smoking
What is use to calculate the 70-day supply limit of marijuana?
daily dose amount
Is there an exception to the 4-ounce possession limit of marijuana in a form for smoking?
Yes, only if the physician request and its approve by the department
How long does the department have to approve or disprove the physician request for an exception to daily limit amount of medicinal marijuana usage?
within 14 days after receipt
How often are qualified patients evaluated by a qualified physical for further medicinal marijuana usage?
every 30 weeks
What is the requirement for minor to receive a medicinal marijuana card?
Birth Certificate, current registration to K-12 School, and must have a parent or legal guardian
How can a qualified patient younger than 18 purchase or administered marijuana for medical us?
the patient’s caregiver can buy and administer the marijuana for him/her
How can a caregiver be designated for more than one qualified patient?
be a parent or legal guardian of more than one minor or adult with developmental disability
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?
within 5 business days after revocation
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?
2.5 ounces
How long does a medical marijuana treatment center have to report to LEO any theft, diversion, or loss of marijuana?
with 24 hours
How often are medical marijuana treatment center inspected?
Biennial - once every 2 years
What is the charge for a person transporting marijuana or marijuana delivery device who refuse to present a transportation manifest to LEO?
2nd degree misdemeanor
What is the maximum amount of marijuana a patient or patient’s caregiver can possess while traveling?
70-day supply or max 4 ounces in smoking form and must remain in original packaging
How many convictions of voluntary or involuntary manslaughter resulting from operation of a motor vehicle before someone becomes a habitual traffic offender?
three or more
How many convictions of a felony in the commission of which a motor vehicle was used before someone becomes a habitual traffic offender?
three or more
How many convictions of DWLSR before someone becomes a habitual traffic offender?
three or more
How many convictions of hit and run resulting from death or personal injuries to another before someone becomes a habitual traffic offender?
three or more
How many convictions of driving a CMV while his or her privilege is disqualified before someone becomes a habitual traffic offender?
three or more
How many convictions for moving traffic offenses for which points may be assessed before someone becomes a habitual traffic offender?
15
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?
Class A CDL
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?
Class B CDL
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?
Class C CDL
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?
3rd degree felony
What is the charge for a first conviction for a CMV driver driving a CMV while CDL is suspended?
Misdemeanor
What is the charge for a second or subsequent conviction for a CMV driver driving a CMV while CDL is suspended?
Felony
What is the time restriction for drivers under the age of 17?
After 11 PM and before 6 AM
What is the exception to the time restriction for drivers under the age of 17?
- accompanied by a valid driver of at least 21
2. driving to or from work or school event
What is the time restriction for drivers who are 17 years of age?
after 1 AM and before 5 AM
What is the exception to the time restriction for drivers who are 17 years of age?
- accompanied by a valid driver of at least 21
2. driving to or from work or school event
Can a marriage be solemnized without a marriage license?
no
Within how many days must the solemnized paperwork be transmitted to the county?
within 10 days after solemnizing
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?
no
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?
no
Does a person need a driver license to operate a golf cart?
no, but must be at least 14 yrs old
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?
60 days
Is it a justification to use force to defend oneself or another from bodily harm while making an arrest?
yes
Is it a justification to use force in retaking a felon who have escape?
yes
Is it a justification to use force when arresting felons fleeing from justice?
yes
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?
yes
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?
yes
How long are marriage licenses valid for?
60 days
