City Ordinances, F.S.S, Bill of Rights Flashcards
Alcoholic beverages by the package, other than packaged beer and unfortified wine. No beverage licensee, or employee or agent of such licensee, permitted under state law to sell alcoholic beverages by the package, bottle or original container shall sell, offer for sale, serve or deliver such a product (other than packaged beer and unfortified wine) for consumption either on or off the premises during the following hours (time is local time):
11:00 p.m. to 7:00 a.m. the following day, all days.
All other alcoholic beverages. No beverage licensee, or employee or agent of such licensee, shall sell, offer for sale, serve, or permit to be sold or served or consumed, any alcoholic beverage not regulated under subsection (a) in a place operating under the beverage license, for consumption either on or off the premises, during the following hours (time is local time):
2:00 a.m. to 7:00 a.m., all days
No sale of alcoholic beverages shall be made where the place of business is within how many feet of a public or a private school, duly accredited and offering any of the grades from kindergarten through the 12th grade
400
How should the measurement from a place a business selling alcohol to a school be done?
measurements shall be by a straight line from the main entrance of the building of the licensed premises of the applicant to the nearest part of the school grounds normally and regularly used in connection with the school program
City-owned property. It shall be unlawful for any person to sell, dispense, possess or consume any alcoholic beverages on any property owned by the city, except as follows:
At the airport terminal facility and the municipal golf course facility, Within the rental event space at the Thomas Center, the Thelma Bolton Center, Boulware Springs, and the Senior Recreation Center,, During a special event produced by the city, , On property that is leased to a private party pursuant to the city’s real estate policy, if the sale, dispensing, possession and consumption of alcoholic beverages is expressly allowed under the terms of the lease agreement.
It shall be unlawful for any person to sell, distribute, consume or possess any alcoholic beverage in any open container on any city or other public right-of-way, including without limitation, streets, thoroughfares, highways or sidewalks, except as follows:
Within a sidewalk café that is licensed in accordance with the city’s Land Development Code., At an outdoor event, within the downtown district as shown in Figure 1, pursuant to an alcohol event permit.(downtown district)
How many alcohol event permits may be issued per calendar year per applicant. However, one alcohol event permit may include all of the University of Florida home football games for the school year.
2
What amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
Amendment 1 (Right to Free Speech)
What amendment states “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”
Amendment 2 (Right to Bear Arms)
What amendment states “No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.”
Amendment 3 (Housing of Soldiers)
What amendment states”The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Amendment 4 (Protection from Unreasonable Searches and Seizures)
What amendment states”No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
Amendment 5 (Protection of Rights to Life, Liberty, and Property)
What amendment states “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”
Amendment 6 (Rights of Accused Persons in Criminal Cases)
What amendment states “In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.”
Amendment 7 (Rights in Civil Cases)
What amendment states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
Amendment 8 (Excessive Bail, Fines, and Punishments Forbidden)
What amendment states “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
Amendment 9 (Other Rights Kept by People)
What amendment states “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”
Amendment 10 (Undelegated Powers Kept by the States and the People)
If an individual obeys all of your commands and offers not resistance can an individual be arrested for Resisting or Opposing a LEO without violence for refusing to tell you who he/she is during a terry stop?
No
A person who is stopped as a result of a terry stop is not obliged to answer questions, answers cannot be compelled, and refusal to answer furnishes no basis for an arrest. True or False
True
Can an officer stop a motorist for no other reason than to determine if he or she is driving with a suspended license?
No the stop is unlawful which means post stop observations must be supressed
Can a licensee present or submit digital proof of a driver’s license in lieu of a physical driver’s license?
Yes
If a driver cannot provide his/her DL he or she is required to imprint his/her fingerprint upon the citation or the officer can collect fingerprints electronically. True or False
True
Failure to include exculpatory evidence in an arrest or search warrant can lead to what?
suppression of any evidence gathered as a result of search warrant or arrest, dismissal of charges, and potential civil liability for the officer and the department
Are there specific words an accused must say in order to invoke their right to counsel?
No, there are no magic words at a minimum some statement that can reasonable be construed to be an expression of a desire for assistance of an attorney is sufficient invocation of rights to require cessation of further interrogation
Who is required to operate a prearrest diversion program?
State attorney of each circuit
Who must participate in a prearrest diversion program?
PD, SAO, Clerk of the COurt, LEO
Is there an exemption from public records requirements for the address of a victim of an incident of mass violence?
yes
This law authorizes retired LEO to be reemployed as SROs, authorized LEO who are serving an exparte order to seize and hold a firearm or any ammunition a person possesses at the time the person is taken into custody if the person poses a danger to himself or others AND has made a credible threat of violence against another person, and prohibits a person who has been adjudicated mentally defective or been committed to a mental institution from owning or possessing a firearm until certain relief is obtained.
The Marjory Stoneman Douglas High School Public Safety Act
If a person does not voluntary turn over their weapons when being baker acted what can a LEO enforcement officer complete to legally take the weapons?
a risk protection order
How long does LEO have to make available firearms and ammunition seized to be returned to a person once they are no longer the subject of an involuntary examination?
24 hours
FSS reduced the aggregate and consecutive number of days used to determine residency for purposes of sexual offender registration from 5 days to how many days?
3 days
A person whose residency in a dwelling intended for residential use has occurred for a brief length of time, is not pursuant to a lease, and whose occupancy was intended to be transient in nature.
transient occupant
What are some of the factors to show transient occupancy?
person does not have ownership interest or financial interest, does not have a property utility subscription, cannot produce documentation from a government agency that property is their address of record within last 12 months, person pays minimum or no rent, does not have their own designated space/room, person has minimal belongings, person has a permanent residence somewhere else
Do minor contributions made for the purchase of household goods or minor contributions towards household expenses establish residency?
No
Procedure for removing transient occupant:
owner tells them to leave, completes sworn affidavit, leo reviews and determines if they are transient, if so, tells them to leave and if they don’t they will be subject to arrest for trespass, and arrest for trespass if they refuse to leave (recovery of property is a civil issue)
A person must have his/her medical marijuana patient or caregiver card in his/her possession. True or False
True
Cannot smoke medical marijuana in what locations?
public transportation, public place, place of employment, state correctional institution, grounds of a preschool, primary, or secondary school, in a school bus, vehicle, aircraft, or motorboat
All medical marijuana purchased must remain in its original packaging. True or False
True
A 35 day supply of marijuana in a form for smoking may not exceed how many ounces?
2.5
A 70 day supply may be granted as an exception which cannot exceed how many ounces?
4
A person who gives alcohol to an individual under 21 yoa and who acting in good faith, seeks medical assistance for the individual experiencing or believed to be experiencing an alcohol or drug related overdose may not be arrested, charged, prosecuted, or penalized for a violation if the evidence of such offense was obtained as a result of the person seeking medical assistance. True or False
True
Is hemp a controlled substance?
No
Hemp contains .3% THC or less, illegal cannabis typically contains between 2% and 30% THC True or False
True
May a police officer lawfully shoot an uncooperative individual when he presents an immediate risk only to himself but not to others?
No
Which case law states that to justify lethal force an officer must have probable cause to believe the suspect presents an immediate threat of serious physical harm to the officers or others?
Tennessee vs Garner
Peddlers and canvassers will terminate their activities in residential areas by what time each day and will not resume before what time the next day?
7 pm to 9 am
No more than how many peddlers or canvassers shall contact any one member of the public at any one time?
2
No person shall stand on a traffic median, bicycle path or public street to beg, panhandle or solicit when in use by vehicular traffic. True or False
True
No begging, panhandling, soliciting in the following places:
outdoor cafe, within 12 feet of outdoor cafe, public restroom, public event, any person standing in line to enter a building or event, within 12 feet of a line to enter a building or event, person entering or exiting a building, within 12 feet of an entrance or an exit of a building, ATM machine, within 12 feet of a ATM machine, any person using a payphone, within 12 feet of a payphone
A vending booth must be a minimum of how many feet from curb or right of way, crosswalk, or fire hydrant as well as a minimum of how many feet from intersections?
5 feet and 25 feet from intersections
The vending booth conveyance cannot be set up prior to 6 am and must be taken down by what time the following day?
4 am
Game day vending booths can be set up at 7 am the day of the game until when?
3 hours after the end of the game
It shall be unlawful for any person to display, keep or maintain any stand, article or item of personal property, whether for sale, advertising or other purpose, on any of the streets or sidewalks of the city or within how many feet of the main entrance to any public building during normal operating hours without getting a permit.
50 feet
A person who maintains permanent or temporary residence within 2500 feet of any school, day care center, or park does not commit a violation of this section if any of the following apply:
person established continuous permanent residence prior to November 28, 2005, daycare or school opened after the person established residency, the person was a minor when the specified offense was committed and was not convicted as an adult, the person is a minor
Daytime for the noise ordinance is what time?
8 am to 10 pm the same day
NIghtime for the noise ordinance is what time?
10 pm to 8 am the following day
