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Sergeant/Lieutenant Exam > Legal Notes & Bulletins Sgt./ LT. > Flashcards

Legal Notes & Bulletins Sgt./ LT. Flashcards

1
Q

Can a police officer be in a polling place during voting hours?

A

Police officers cannot be in a polling place except to vote or with the permission of the precinct clerk.

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2
Q

Can the media be in a polling place during voting hours?

A

The media cannot be inside the polling place during voting hours. Members of the media, along with their cameras, are permitted to be inside the polls to observe before the polls open and again after they close. It is also an Elections Department policy to allow media to stand in the doorway of a precinct and film individuals voting, as long as ingress and egress is not being obstructed by their presence and they do not try to interview voters

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3
Q

How far from the polling place must people stand if they are soliciting voters?

A

150 FEET
Florida Statutes §102.031 (4)(a) mandates that voters may not be solicited inside the polling place or within 150 feet of the polling place. The clerk or supervisor shall designate the no-solicitation zone and mark the boundaries.

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4
Q

The term ____ shall include, but not be limited to, seeking or attempting to seek any vote, fact, opinion, or contribution; distributing or attempting to distribute any political or campaign material, leaflet, or handout; conducting an entrance poll; seeking or attempting to seek a signature on any petition; and selling or attempting to sell any item.

A

Solicit

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5
Q

The term __ means a poll taken of a small percentage of voters as they leave the polls, used to forecast the outcome of an election or determine the reasons for voting decisions. ___ may only approach a voter after the voter leaves the polling place.

A

Exit polls & Exit Pollsters

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6
Q

is photography permitted in the polling room or early voting area?

A

No, photography is prohibited in the polling room or early voting area, except an elector may take a photograph of his or her own ballot. §102.031(5), Fla. Stat.

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7
Q

Who is in charge of a precinct?

A

Precinct Clerk

By statute, the Precinct Clerk is in charge over the Assistant Clerk, Poll Workers, Poll Inspectors, and Poll Deputy. Further, the Precinct Clerk is the person who makes decisions regarding the precinct operations.

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8
Q

Official poll watchers may be inside a polling room during voting hours. Poll watchers may not interact with voters. A political committee formed for the specific purpose of expressly advocating the passage or defeat of an issue on the ballot, each political party, and each candidate may have one watcher in each polling room or early voting area at one time during the election. To become an official poll watcher, each political committee, each party and each candidate requesting poll watchers must designate in writing ___ weeks before the election the names of their poll watchers. The Supervisor of Elections must approve all poll watchers __ days before early voting begins and each precinct receives a list of the designated and approved poll watchers for that precinct.

A

2 weeks & 7 days

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9
Q

True or False:
Police officers, even when off-duty, can be designated as poll watchers.

A

FALSE, they may not.

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10
Q

Does a Poll Deputy have arrest powers?

A

A Poll Deputy is appointed as a special deputy sheriff on Election Day for the purpose of maintaining order at the polls. However, a Poll Deputy has no arrest powers

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11
Q

Elderly - Persons age __ or older may be taken to the nearest designated receiving facility offering specialized care to older adults. The designated receiving facilities currently providing specialty geriatric care

A

60

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12
Q

Minors - Children __ and adolescents __ may be taken to the nearest receiving facility that is licensed to serve children and adolescents. The designated receiving facilities currently providing specialized care for children and adolescents:

A

0-12 & 13-17 YEARS OLD

-CITRUS HEALTH
JACKSON BEHAVIORAL HOSPITAL
LARKIN COMMUNITY HOSPITAL
NICKLAUS CHILDRENS HOSPITAL

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13
Q

True or False:
Veterans – Any person who is known to be a veteran may be taken directly to the Veteran’s Administration-VA Medical Center, 1201 NW 16 Street, Miami, FL 33125, when requested by the veteran, to include those veterans with non emergency medical needs

A

true

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14
Q

What paperwork must law enforcement complete during the Baker Act process?

A

The officer must an EOIR & complete the Report of Law Enforcement Officer Initiating Involuntary Examination, CF-MH 3052A

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15
Q

when consigning the individual to a contract transportation service or to emergency medical personnel in the case of an individual who cannot or should not be transported in a police vehicle the Officer MUST complete which form?

A

CF MH 3100 form (Transportation to Receiving Facility).
*the officer must include all emergency contact information for the person that is readily accessible, including information available through electronic databases maintained by the Department of Law Enforcement or by the Department of Highway Safety and Motor Vehicles

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16
Q

Can a licensed ARF or Inpatient Detoxification receiving facility refuse to accept an individual who meets the criteria for Marchman Act?

A

Yes.
A facility can refuse to accept an individual if it does not have the space (bed availability) for an additional patient. If the facility indicates that they are over capacity, law enforcement shall
transport the individual to the nearest emergency room.

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17
Q

What paperwork must law enforcement complete during the Marchman Act process?

A

EOIR & The officer must complete the Report of Law Enforcement Officer Initiating Protective Custody, CF MH 4002 form.

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18
Q

Which court case is associated with Running License Plates - Registered Owner Has Revoked License?

A

In Kansas v. Glover, 140 S.Ct. 1183

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18
Q

Kansas V. Glover
The Court’s holding is narrow in scope and currently applies only to situations where an officer is running a license plate and comes upon a vehicle registered to an owner with a __ license.

A

Revoked

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19
Q

A driver with a suspended license has had their privilege to drive __ withdrawn, often for failure to pay a financial obligation. On the other hand, a driver with a revoked license has had their privilege to drive __, either for a set period of time or permanently. Revocations are usually imposed following some sort of criminal law violation (e.g., DUIs, felonies involving a motor vehicle, drug possession), three convictions for driving on a suspended license within a __ period, or for the continued violation of certain traffic offenses during a __ period.

A
  1. Temporarily
  2. Terminated
  3. 5 Years
  4. 5 Years
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20
Q

On April 28, 2023, Governor Ron DeSantis signed _, intended to protect religious liberty and address hate speech, into law. __ became effective immediately upon signing and it created and amended several Florida Statutes.

A

Florida House Bill 269

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21
Q

__ is defined as a verbal or nonverbal threat, or a combination of the two, and includes threats delivered by electronic communication or threats implied by a pattern of conduct that place the target in reasonable fear for their safety or the safety of family members or close associates, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. Additionally, the present incarceration of the person making the threat is not a bar to prosecution.

A

“Credible threat”

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22
Q

Florida Statutes Section (FSS) 403.413 - Florida Litter Law
An individual who intentionally dumps less than __ pounds or __ cubic feet of noncommercial litter on private property in violation of FSS 403.413(4) without intending to intimidate or
threaten commits a ___.

A

15 & 27

-Noncriminal infraction

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23
Q

Florida Litter Law
An individual who violates FSS 403.413(6)(a)1 for the purpose of intimidating or threatening the owner, resident, or invitee of a property commits a _

A

first-degree misdemeanor

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24
Q

Florida Litter Law
An individual who violates FSS 403.413(6)(a)1 for the purpose of intimidating or threatening the owner, resident, or invitee of a property and the litter contains a credible threat commits a __.

A

third-degree felony

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25
Q

Harassment or intimidation based on religious or ethnic heritage

An individual who willfully and maliciously harasses or intimidates a person due to their wearing or displaying an item related to any religion or ethnic heritage commits a __.

A

First-degree misdemeanor

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26
Q

Harassment or intimidation based on religious or ethnic heritage

If, while violating FSS 784.0493(3), an individual makes a credible threat to the person who is the subject of the harassment or intimidation, the individual commits a ___.

A

third-degree felony

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27
Q

___ is defined as to engage in a course of conduct directed at a specific person that causes substantial emotional distress to that person and serves no legitimate purpose. * A violation of FSS 784.0493 is considered a hate crime and requires the proper articulation and selection of the bias/motivation

A

Harass

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28
Q

-Criminal mischief-
An individual who knowingly and intentionally displays or projects an image onto a building, structure, or other property without the owner’s written consent commits a ___

A

First degree misdemeanor

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29
Q

-Criminal mischief- (projects an image onto a building, structure, or property without written consent)
If the image displayed or projected in violation of FSS 806.13(6)(a) contains a credible threat, the individual commits a __.

A

third-degree felony

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30
Q

__ is defined as a visual representation or likeness of a person or object, and includes text, graphics, logos, artwork, or any combination thereof.

A

Image

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31
Q

An individual who willfully enters a state university or Florida College System institution without authorization, license, or invitation, for the purpose of threatening or intimidating another person, and who after being asked to leave by the university or institution remains, commits a __.

A

first-degree misdemeanor
Note: The only state university located in Miami-Dade County is Florida International University and the only Florida College System institution located in Miami-Dade County is Miami-Dade College.

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32
Q

Disturbing schools and religious or other assemblies

An individual who willfully and maliciously interrupts or disturbs a school gathering for the worship of God, an assembly of people gathered for the worship of God, an assembly of people met for the purpose of acknowledging someone’s death, or any other assembly of people gathered for any lawful purpose commits a _.

A

first-degree misdemeanor

*If an individual makes a credible threat while violating FSS 871.01(1)(a), the individual commits a third-degree felony u

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33
Q

Written reports of crashes:
Within the first __ days of filing, crash reports are confidential and exempt from public records and, during this time period, UNREDACTED crash reports may only be provided to…

A

60 days.

Party involved in the crash
legal representative
party licensed insurance agent
victim services program
3rd party on behalf of federal, state, or local government agency, etc, etc.

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34
Q

Written reports of crashes:
Within the first __ days of filing, crash reports are confidential and exempt from public records and, during this time period, REDACTED crash reports may only be provided to…

A

60
-Radio & Television stations licensed by the FCC
-Newspapers qualified to publish legal notice

In these cases, the following MUST be redacted for the involved parties:
Home & employment addresses, Driver License or ID card numbers, dates of birth and home and employment telephone numbers.

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35
Q

Any employee of state or local agency in possession of information made confidential and exempt who knowingly discloses such information commits a __.

A

Third degree felony

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36
Q

HB3 Designates which month/day as Law Enforcement Appreciation Day?

A

May, 1.

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37
Q

HB3: Law Enforcement

Creates Florida law enforcement recruit Bonus program providing a one-time bonus payment of up to ___ to newly employed LEO in Florida.

A

$5,000

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38
Q

___ exempts veterans and applicants with an associate degree or higher from taking the basic skills test as a prerequisite to entering law enforcement basic recruit training program. __ also makes dependent children of law enforcement officers eligible to receive a family Empowerment Scholarship.

A

HB3

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39
Q

____ provides law enforcement officers who adopt a child from the Florida’s child welfare system with a $25,000 benefit for adopting a child with special needs or a $10,000 benefit for adopting a child without special needs.

A

HB 3

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40
Q

-Regulation of smoking by Counties & Municipalities-

__ provides exceptions to the state preemption of the regulation of smoking, allowing counties & municipalities to regulate smoking in certain limited circumstances. School districts may regulate smoking on school property and local governments may impose more restrictive regulations on the use of vapor-generating electronic devices.

A

HB105

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41
Q

___ renames the “Florida Clean Indoor Air Act” and expressly authorizes counties and municipalities to restrict smoking within the boundaries of any of the public beaches and public parks they own, except regarding the smoking of unfiltered cigars.

A

HB 105

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42
Q

____ House Bill (Juvenile Diversion Program Expunction) permits juveniles who completed a diversion program for misdemeanor & felony offenses, other than forcible felony or a felony involving the manufacture, sale, purchase, transport, possession, or use of a firearm or weapon, to apply to have the nonjudicial arrest record expunged.

A

HB 195

  • This expands the current law, which only permits juveniles diversion expunction for a misdemeanor offense.
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43
Q

House Bill ___ (Public Records/Nonjudicial arrest record of a minor)

Provides that a nonjudicial record of the arrest of a minor who has successfully completed a diversion program and is eligible for expunction is made confidential and exempt from public disclosure, except that the record must be made available to only criminal justice agencies.

A

HB 197

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44
Q

SB 226 (Care for Retired Police Dogs)

The program will provide reimbursement for up to ___ of annual veterinary costs associated with caring for a retired police dog by the former handler or adopter who incurs the costs. SB226 Requires that the program, receive valid documentation of the dog’s retirement from a law enforcement agency and that the dog served for ___ years or more.

A
  1. $1,500
  2. 5 years
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45
Q

HB225 prohibits the use of mechanical restraints by school personnel on students with disabilities.

School Resource Officers, school safety officers, school guardians, or school security guards may use mechanical restraints in the exercise of their duties to restrain students in grades __ through __,

A

6-12

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46
Q

SB 474: Recreational Off-Highway vehicles

SB474 Increases the weight allowed for recreational off-highway vehicles from 2,500 pounds to ____.

A

3,500 pounds.

47
Q

HB 593 (Telecommunicator Cardiopulmonary Resuscitation)

Requires all 911 public safety telecommunicators who make telephone calls and provide dispatch functions for emergency medical conditions must complete telecommunicator cardiopulmonary resuscitation training and continuing education every __ years.

A

2

48
Q

SB 606: Boating Safety

adds penalties for violations of livery requirements, as well as increases or adds penalties for noncriminal infractions of vessel safety laws from $50.00 to $___.

A

$100

SB 606 also requires a physical residential or business address for vessel registration applicants, with a limited exception for live-aboard vessel owners.

49
Q

SB 914: Florida Department of Highway Safety & Motor Vehicles

*Requires an operator of a motor vehicle to provide proof of ins upon the req of a LEO.
*Any operator of the vehicle who does not provide proof of ins comitts a nonmoving traffic infraction. regardless if owner or not.
*Prohibits individuals who have outstanding toll violations from either renewing or replacing registration until satisfying toll violtations.

A

Info

50
Q

SB 1244: Statutes of limitations for offenses relating to sexual performance by a child.

There is no statute of limitations for the prosecution of any offense relating to use of a child in sexual performance or promoting a sexual performance of a child, if the offender was __ or older at the time of the offense.

A

18

51
Q

SB 1262: Mental Health & Substance Abuse
Requires LEO to search certain electronic databases for emergency contact information (ECI) of Baker / Marchman Act patients being transported to a receiving facility. SB1262 also expands the entities who can access ECI to specifically include receiving facilities, hospitals, and licensed detoxification and addictions receiving facilities. SB1262 makes it a ____ misdemeanor for a person to:

A

1ST DEGREE Misdemeanor

knowingly and willfully: Furnish false information for the purpose of obtaining emergency or other involuntary admission for any person. Cause or conspire with another to cause any emergency or other involuntary mental health procedure for the person under false pretenses; or cause or conspire to cause without justification, denial of their rights under the Baker Act statutes.

52
Q

HB 1435: Code & Traffic Enforcement:

provides the Sheriff or chief administrative officer of a county or municipality the authority to designate an area as a special event zone in response to a special event, defined as an unpermitted activity or event organized or promoted via a social media platform which is attended by __ people or more persons. and substantially increases or disrupts the normal flow of traffic on a roadway, street or highway.

A

50

53
Q

HB 1435: Code & Traffic Enforcement:

Provides notice requirements for a special event zone and requires a specified warning sign to be posted at each point of ingress and egress at least __ hours prior to enforcement; *Doubles the statutory fine for any noncriminal traffic violation that occurs within a special event zone.

A

24

54
Q

HB 1435: Code & Traffic Enforcement:

Allows law enforcement officer to impound a vehicle for up to __ hours for any criminal traffic violation or noncriminal traffic infraction that occurs in a special event zone, but requires the vehicle to be released immediately upon payment of any impoundment cost or fees.

A

72

*HB1435 Also authorizes a LEO to enforce occupancy limits in a special event zone.

  • Also provides for the recovery of costs associated with designating and enforcing a special event zone from the organizer or promoter of the special event.
55
Q

SB 1808: Immigration Enforcement:

Prohibits Sanctuary Policies and seeks to ensure that state and local entities and law enforcement agencies cooperate with federal government officials to enforce, and not obstruct, federal immigration laws. Additionally, SB1808 requires state entities to collect and report immigration status data to FDLE how often?

A

Once each month.

*Requires county detention facility to enter into a “287(g) Agreement” with United States Immigration & Customs Enforcement by January 1, 2023.

56
Q

HB95: Controlled Substances:
punishes adults for 1st degree murder if the adult unlawfully distributes a listed controlled substance or a mixture containing the substance, when it is proven that the substance or mixture was the proximate cause of user’s death. Under HB95, a person convicted of 1st degree felony murder involving the unlawful distribution of methamphetamine commits a ____.

A

Capital Felony

*Punishable by a sentence of death or life imprisonment without the possibility of parole.

57
Q

HB95: Controlled Substances:
Increases the mandatory minimum term of imprisonment for trafficking 14 grams or more, but less than 28 grams, of fentanyl analogues from 15 to __ years.

A

20

58
Q

HB95: Controlled Substances:
Also increases the penalties for sale of controlled substances from a 3rd degree felony to ____.

And from a 2nd degree felony to a __ degree felony when the offense is committed within 1000 feet of a substance abuse treatment facility.

A

1 2nd degree felony

  1. 1st degree felony.
59
Q

SB 444: Indecent, Lewd, or Lascivious Touching:

provides that it is a __ degree felony for a person __ years of age or older to intentionally touch in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person 16 or 17 years of age, or to force or entice such person to so touch the perpetrator.

A
  1. Third Degree Felony
  2. 24
60
Q

HB 689: Workers’ Compensation Benefits for Posttraumatic Disorder:

HB689 Revises the compensability standards for posttraumatic stress disorder benefits for first responders by extending the deadline for filing notice of injury to ___ days.

HB689 Also extends the deadline for first responders to file a claim to __ weeks after the qualifying event or the diagnosis, whichever is later.

A
  1. 90
  2. 52
  • HB689 also revises the current definition for purposes of workers’ compensation coverage for PTSD benefits to include part-time and auxiliary law enforcement officers.
61
Q

HB 905: Protective Injunctions:

Requires the clerk of court to electronically submit to the Sheriff in the County where the respondent resides or may be found a copy of a protective injunction and any other required documents within __ hours after the court issues an injunction for protection against:

-Domestic Violence
-Repeat Violence
-Sexual Violence
-Dating Violence
-Stalking

A

24 hours

62
Q

sb1534: Retail theft:
A person commits retail theft, a ____ degree felony, if the person individually, or in concert with one or more other persons, commits __ or more retail thefts within a ___ day period and in committing such thefts obtains or uses __ or more items of merchandise from ___ or more different physical merchant locations.

A
  1. Third Degree Felony
  2. 5
  3. 30-day period
  4. 10
  5. 2

*The number of items stolen during each theft is aggregated within the 30-day period to determine the total amount of items stolen, regardless of the value of such merchandise.

63
Q

sb1534: Retail theft:

A person commits retail theft, a ____ degree felony, if the person individually, or in concert with one or more other persons, commits __ or more retail thefts within a ___ day period and in committing such thefts obtains or uses 20 or more items of merchandise from 2 or more different physical merchant locations.

A
  1. Second Degree Felony
  2. 5
  3. 30
64
Q

HB1571: Residential Picketing
Addresses unlawful assemblies that specifically target private residences to harass or disturb people inside their homes. Specifically, HB1571 makes it a criminal offense to picket or protest before or about another person’s home with the intent to harass or disturb the person in his/her home. A person who engages in the prohibited conduct commits a _____

A

second degree misdemeanor

The officer MUST order the person to disperse from the unlawful assembly. If the person does not immediately and peaceably disperse, only then may he/she be arrested for unlawful residential picketing.

65
Q

SB 1798: Sexually Related Offenses
SB1798 Provides that a person commits a ____ when he/she willfully and maliciously promotes any altered sexual depiction of an identifiable person, without that person’s consent, and who knows or reasonably should have known that such visual depiction was an altered sexual depiction.

A

3rd degree felony.

66
Q

SB 1798: Sexually Related Offenses
SB 1798 provides a higher penalty, a ____, when a person willfully promotes, using print media, an Internet website, or other electronic means, for the purpose of pecuniary or any type of financial gain, a sexually explicit image of an identifiable person, without the person’s consent.

A

2nd degree felony

67
Q

True or False:

A LEO may arrest without a warrant any person who he or she has probable cause to believe possesses a child-like sex doll.

A

True

68
Q

The penalty for sexual contact with an animal is increased from a first-degree misdemeanor to a ______.

A

3rd degree felony.

69
Q

Concealed Carry:

A person may not carry a concealed firearm if that person chronically or habitually abuses alcohol or other substances & a presumption exists that an individual chronically abuses alcohol or other substances if within the prior ___ years:
The individual has been convicted of __ or more DUI offenses and the most recent conviction occurred within __ years of the first DUI conviction. This person would remain ineligible to carry a concealed weapon for ___ years from the date of the most recent conviction.

A
  1. 3 years
  2. 2
  3. 3 years
  4. 3 years
70
Q

Concealed Carry:
A person may not carry a concealed firearm if that person has been convicted of using a firearm while under the influence of alcohol or controlled substances; or the individual has been convicted of disorderly intoxication ___ times with a ___ month period.

A
  1. 3
  2. 12 month
71
Q

Who can carry a concealed firearm?

-Any person who is 21 or older, UNLESS the person:
1. is convicted of a felony in another state that was punishable by imprisonment for a term exceeding ____.
2. Is under the age of ___ and has been found to have committed a delinquent act in Florida that would have been a felony if committed by an adult.
3. Is under the age of ___ and has been found to have committed a delinquent act in another state that would have been a felony if committed by an adult and the act would have been punishable by imprisonment for a term exceeding ___ year.

A
  1. 1 year
  2. 24
  3. 24 & 1 year
72
Q

An individual who is not authorized to carry a concealed weapon or firearm and who carries a concealed weapon or device (other than firearm) commits a ___.

A

First degree misdemeanor

73
Q

An individual who is not authorized to carry a concealed weapon or firearm and who carries a concealed firearm commits a ____.

A

3rd degree felony.

74
Q

Are individuals carrying concealed weapons or firearms required to carry any type of identification?
Yes. Failure to carry or present valid ID upon demand by an Officer is noncriminal violation punishable by a $___ fine.

A

$25

75
Q

Is a resident of another state able to carry a concealed weapon or firearm in Florida?

Yes. Under “constitutional carry” a resident of another state who is __ of age or older and is not barred from carrying a concealed weapon or firearm under Florida law may carry a concealed weapon or firearm in Florida without a license. Similarly, a resident of another state who is licensed to carry a concealed weapon or firearm in their home state may also carry concealed in Florida.

A

21

75
Q

Florida Kratom Consumer Protection Act
Makes it a 2nd degree misdemeanor to sell, deliver, barter, furnish, or give directly or indirectly, any Kratom product to a person under ___ years of age.

A
  1. 21
75
Q

HB543: Public Safety
All sworn personnel of each agency must be trained on the agency’s existing active assailant response policy or must be trained within ___ days after enacting a new or revised policy. Sworn personnel must receive at minimum, annual training on the policy.

A

180 days

76
Q

HB 828: Operation & administration of the Baker Act:

HB829 directs the Department of Children & Families to update and publish a Baker Act handbook ___ and post the handbook on the agency’s website every year by which month and day?

A
  1. Annually.
  2. October, 1
77
Q

HB 1305: Department of Transportation:

Permits Automated License Plate recognition system within rights-of-way of State Highway system. This system may not be used to issue traffic citations and must be removed, at the expense of the Law Enforcement Agency, within __ days notification of removal by the Department of Transportation.

A

30 days

78
Q

SB 1438: Protection of Children:

Prohibits a person from knowingly admitting a child to an adult live performance (like a strip club). A person who violates this prohibition commits a ____.

A

1st degree misdemeanor.

The permit holder or authorized person also commits a 1st degree misdemeanor.

79
Q

SB 1676: HEMP:

Prohibits hemp extract products intended for human ingestion, including, but not limited to, snuff, gum, and other smokeless products, from being sold to a person who is under the age of __. Any person who violates this section commits a ____. A person who violates this section a second or subsequent time within one year commits a ____.

A
  1. 21
    1. 2nd degree misdemeanor.
    2. First Degree Misdemeanor.
80
Q

Animal Cruelty Penalties:
1. Cruelty to animals $___
2. Animal fighting or baiting $____
3. Abuse of Equine $___
4. “Trunking” of Animals $___

A
  1. $1,000
  2. $2,500
  3. $7,500
  4. $5,000
81
Q

For juveniles being transported under the Marchman Act, which facility should they be transported to via Legal Note?

A

Citrus Health Network (Juvenile ARF) - Addiction Receiving Facility. LEO should call before enroute, if no beds, may transport to nearest emergency room.

82
Q

Requirements for all qualified persons/entities to obtain a crash report:

Third party vendors under contract with an insurance company may be able to enter in a memorandum of understanding (MOU) with the department in lieu of signing a written sworn statement for each crash report. Any such requests for a MOU should be discussed with which MDPD bureau?

A

Police Legal Bureau

83
Q

HB453 Officer & Firefighter Physical Examination Requirements & Records:

HB453 requires that the employee agency of a law enforcement officer maintain records of the pre-employment physical examination for at least __ years after the employee’s separation from the employing agency.

A

5

84
Q

SB1046 Public Records/Law Enforcement Geolocation Information: Info:

sb1046 specifies that law enforcement geolocation information released pursuant to a court order MUST be viewed or copied under the direct supervision of the custodian of the record or his or her designee.

A

Info

85
Q

HB 7055: Cybersecurity:

Requires state agencies and local governments to report ransomware incidents and high severity level cybersecurity incidents to the Cyber Security Operations Center within FDLE how often?

A

Quarterly

86
Q

HB 399: Motor Vehicle & Vessel Law Enforcement:
A person commits a ___ if he/she is a spectator at a race or street takeover.

A

Noncriminal Traffic Infraction

87
Q

HB 399: Motor Vehicle & Vessel Law Enforcement:

Amends the first-degree misdemeanor crimes under this section to add, drag race, street takeover, and stunt driving to each type of prohibited conduct. SB399 also adds street takeovers and stunt driving to the list of violations which require an offender to pay a $__ penalty

A

$65

88
Q

HB 7015: Public Records Exemption/Identity of a Witness to Murder:

HB7015 saves from repeal the public records exemption for the criminal intelligence information or criminal investigative information that reveals the personal identifying information of a witness to a murder, for __ years from the date on which the witness observes the murder.

A

2

89
Q

An individual carrying a concealed weapon or concealed firearm in a location prohibited (police stations, courthouses, polling places, schools, etc.) commits a ____.

A

Second Degree Misdemeanor

90
Q

Violations of Open Carrying of a weapon constitutes a ___ misdemeanor.

A

Second Degree Misdemeanor.

90
Q

HB95 addresses the ____ which is defined as a list or any other form of identification system that holds the names of law enforcement officers or correctional officers for which a “prosecuting agency” is in possession of impeachment evidence (prior lies, criminal acts, or civil rights violations).

A

Brady identification System
*HB95 prohibits an officer’s employing agency from discharging or taking any disciplinary action against an officer solely because the officer’s name is included in the Brady system.
*This statute also req LE agencies to provide the SAO with ALL sustained & finalized IA complaints relevant to the prosecuting agency’s obligations under the brady v. Maryland. The LE agency must notify the officer of the sustained and finalized IA complaint that was sent to the prosecuting agency.

91
Q

Venomous Reptiles:
HB1161 makes it a ___ degree felony to knowingly release a nonnative venomous reptile or allow a nonnative venomous reptile to escape through gross negligence.

A

Third-Degree Felony

*Same applies to purchase, sell, attempt to sell, conspire to sell, barter, exchange, trade or import for sale a venomous reptile.

92
Q

SB 7064: Human Trafficking
Proof of identity and age; posting of notices, to make it a ____ for an adult theatre to fail to maintain certain age verification documents of its employees and independent contractors.

A

3rd degree felony
*Prior to this change, the law required that the violation be committed “knowingly”
* Intent is no longer an element of this crime.

93
Q

HB 667: Victims of Crimes
Requires a court hearing to determine whether it is appropriate to take the deposition of a victim of a sexual offense who is under the age of ___ and, if so, to determine any limitations for the deposition.

A

16

94
Q

HB233: Deceased Individuals:
HB233, known as ___ law, requires law enforcement agencies that either begins or is primarily responsible for the death investigation of a minor to provide the minor’s next of kin with all the of the following information:
-Contact info for lead detective.
-case number
-list of minor’s personal belongings that were found on or with the minor.
-info regarding status of investigation.

A

Curtis

95
Q

What are the rules for a Marchman Act transport?

Law enforcement officers ___ take into protective custody and transport individuals meeting the Marchman Act criteria to an appropriate, or nearest, facility within the designated receiving system.

A

WILL

96
Q

What are the rules for a Baker Act transport?

Law enforcement officers ____ take into custody and transport individuals meeting the Baker Act criteria to an appropriate, or nearest facility within the designated receiving system.

A

SHALL

97
Q

__ is an exception to this general rule and it permits officers to make arrests outside of their jurisdiction under certain circumstances. Specifically, it allows an officer, who is actively attempting to detain or arrest a fleeing subject within the officer’s own jurisdiction, to continue to pursue and eventually arrest that suspect even if the subject has crossed jurisdictional lines.

A

Fresh pursuit

98
Q

SB 494 specifies that a certificate of title may not be issued for a public nuisance vessel, and adds public nuisance vessels to the definition of ______ property.

A

abandoned

99
Q

HB 5007: State-Administered Retirement
establishes the contribution rates paid by employers participating in FRS beginning July 1, 2022. HB increases the amount of employer-paid contributions allocated to each active member’s investment plan account by 3% of the member’s compensation. HB 5007 extends the period that law enforcement officers may participate in the DROP program from 60 months to ___ months.

A

96

100
Q

HB287: Tampering with or Fabricating Physical Evidence:
creates a new ____ degree felony offense for tampering with or fabricating evidence relating to a criminal trial or proceeding or an investigation involving a capital offense.

A

second-degree felony

101
Q

SB 399: Motor Vehicle & Vessel Law Enforcement:
also provides that a person commits a _____ by operating a vehicle displaying red, red and white, or blue lights.

A

1st degree misdemeanor

102
Q

Regarding constitutional carry or permit less carry, can an individual who is UNDER 21 years of age, regardless of state residency, who is an active servicemember or an honorably discharged veteran of the United States Armed Forces able to carry a concealed weapon or firearm?

A

YES!

103
Q

Are individuals carrying a concealed weapons or firearms required to tell an officer that they are carrying a concealed weapon or firearm?

A

NO!

Even if the officer asks, individuals do not need to inform officers that they are carrying a concealed weapon or firearm pursuant to a concealed weapons license or “constitutional carry.”

104
Q

SB 306: Catalytic converters:
Only a registered ____ metals recycler may purchase a detached catalytic converter.

A

secondary.
*must comply with record keeping requirements & other requirements relevant to the recycler.

105
Q

SB 306: Catalytic converters:
it is a ______ for a person to knowingly possess, purchase, sell or install a:
1. stolen catalytic converter
2. catalytic converter that has been removed from a stolen vehicle.
3. New or detached CC where the manufacturer’s part identification number, etc. has been removed.
4. Detached CC without proof of ownership unless the person is a registered secondary metals recycler.

A

third-degree felony.

106
Q

SB 306: Catalytic converters:
Proof that a person was in possession of ___ or more detached catalytic converters, unless satisfactorily explained, gives rise to an inference that the person in possession of the catalytic converters knew or should have known that the catalytic converters may have been stolen or fraudulently obtained.

A

two

107
Q

SB 306: Catalytic converters:
makes it a _____ for a person to knowingly import, manufacture, purchase for the purpose of reselling or installing, sell, offer for sale, install or reinstall in a motor vehicle a counterfeit, fake, or nonfunctional catalytic converter.

A

second-degree felony

108
Q

SB 404: Public Records/Photograph or video or audio recording of the killing of a minor/Autopsy Reports of Minors.
The viewing, copying, listening to , or other handling of any records subject to this exemption must be under the direct supervision of the custodian of the record or his or her designee. The willful and knowing violation of this exemption by a custodian is a ______.

A

third-degree felony

*Same for autopsy of a minor whose death was related to domestic violence.

109
Q

HB1285: Florida State Guard
Creates a specialized force within the Guard to assist other law enforcement agencies. The specialized force, when activated, is authorized to bear arms, detect and apprehend. When activated, only ___ law enforcement officers will have the same law enforcement authority as the agency with which they are working.

A

certified

110
Q

HB 1521: Facility Requirements Based on Sex:
HB 152 requires that restrooms and changing facilities in public buildings (i.e., owned or leased by the state, a state agency, or a political subdivision) be utilized only by the individuals whose sex at birth (defined within the bill) matches the sex designation for the restroom or changing facility. Nevertheless, HB1521 sets forth exceptions to the law for which entry into the opposite sex restroom or changing facility would be acceptable (e.g., to accompany a child under ___ or an elderly person, for law enforcement purposes, for rendering emergency medical assistance, etc.).

A

12

*a person commits criminal trespass if they willfully enter a restroom or changing facility designated for the opposite sex in a public building (or other covered entity) and refuse to depart when asked to do so by an authorized individual.

111
Q

SB 7064: Human Trafficking
Also requires each certified law enforcement officer to complete ___ hours of training in identifying and investigating human trafficking as part of the basic recruit training or additional training.

A

4

112
Q

Florida Statutes § 316.3045 was recently amended to allow law enforcement to enforce loud sounds emanating from motor vehicles as a non-moving violation and a primary stop. The amendment to § 316.3045 makes it unlawful for anyone inside a motor vehicle to operate or amplify sounds from the motor vehicle to the point where:

  • the sound is plainly audible from at least __ feet away, or
  • louder than necessary for convenient hearing by the person inside the motor vehicle when in areas connected to or next to private residences, churches, schools, or hospitals.

To enforce this ___ violation, officers must be able to clearly articulate how the officer knew the sound was plainly audible from at least __ feet away. An average mid-sized car is approximately 15 feet long. Establishing you were at least two car lengths away from the offending vehicle is a clear and concise way to develop the distance was greater than __ feet. Officers could also use other fixed landmarks like stop signs or crosswalks to determine the officer’s distance from the offending vehicle. On the citation, officers should briefly describe the sound and note that it was plainly audible.

A

25 - non-moving-

Sergeant/Lieutenant Exam (40 decks)

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