Sgt's Exam FSS

Question 1

In 322.212 Unauthorized possession of, and other unlawful acts in relation to, driver’s license or identification card; it’s a __ degree felony.

Answer 1

3rd

Question 2

Under FSS 509.141, does the operator of the lodging establishment or food service establishment have to notify the gust they must leave before ejecting them from the business. (Yes/No)

Answer 2

Yes - Verbal or Written

Question 3

Under FSS 509, if a guest has paid in advance, and is later ejected from the property, does the unused portion of pre-payment have to be refunded. (Yes/No)

Answer 3

Yes - Lodging establishments only have to refund based on a 24hr day. If any part of the 24 hours have been used, then the establishment gets credit for that 24 hour period.

Question 4

Any guest who remains or attempts to remain on property of a Lodging or Food service establishment after being ejected is guilty of a __ degree misdemeanor.

Answer 4

2nd

Question 5

741.28 Domestic violence: With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. (TRUE/FALSE)

Answer 5

True

Question 6

It is a legal requirement of FSS 741.29 DV Investigations that the victim be provided a written copy of their rights. (YES/NO)

Answer 6

Yes - The Dept must create a pamphlet in English and Spanish.

Question 7

741.30 Domestic violence injunction: Any person who is either the victim of domestic violence as defined in s. 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming the victim of DV may apply for an injunction (TRUE/FALSE)

Answer 7

True

Question 8

741.31 Violation of an injunction : In the event of a violation of the injunction for protection against domestic violence when there has not been an arrest, the petitioner may contact the clerk of the circuit court for assistance in submitting the allegation directly to the SAO. (TRUE/FALSE)

Answer 8

True

Question 9

A person who willfully violates an injunction for protection against domestic violence commits a __________ of the first degree

Answer 9

misdemeanor

Question 10

741.313 Unlawful action against employees seeking protection: An employer __ permit an employee to request and take up to 3 working days of leave from work in any 12-month period if the employee or a family or household member of an employee is the victim of domestic violence or sexual violence. This leave may be with or without pay, at the discretion of the employer.

Answer 10

shall - As long as the employee has worked there 3 months or more, and the employer has at least 50 employees.

Question 11

Under 741.315 Recognition of foreign protection orders, the Florida courts recognize and local law enforcement will enforce them. (TRUE/FALSE)

Answer 11

True

Question 12

Law Enforcement my obtain and use information that has been exempted from Public Records in the execution of an arrest warrant. (TRUE/FALSE)

Answer 12

True

Question 13

Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are ______.

Answer 13

sexual predators

Question 14

A sexual predator who changes residence, must report in person to the Sheriff’s Office with in ___ hours.

Answer 14

48

Question 15

A sexual predator must report in person each year during the month of the sexual predator’s birthday and during every ___ month thereafter to the sheriff’s office in the county in which he or she resides or is otherwise located to reregister

Answer 15

third

Question 16

Under 776.012 Use of force in defense of person, any person can use “reasonable” force to defend himself/herself. (TRUE/FALSE)

Answer 16

True

Question 17

776.012 Use of force in defense of person. a person can use deadly force when such force is necessary to prevent imminent death or great bodily harm. (TRUE/FALSE)

Answer 17

True - Anyone in this situation does NOT have to retreat.

Question 18

Under 776.013 Home protection; use of deadly force, a resident inside their home, may use deadly force against an unknown person who forcibly made entry to that residence. (TRUE/FALSE)

Answer 18

True- Intruder must be unknown, have no legal right to be there, and can not be a parent/guardian retrieving a child.

Question 19

776.031 Use of force in defense of others.—A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to protect another’s property (TRUE/FALSE)

Answer 19

True

Question 20

776.08 Forcible felony.—“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.

Answer 20

FYI

Question 21

777.011 Principal in first degree.—Whoever commits any criminal offense against the state, whether felony or misdemeanor, or aids, abets, counsels, hires, or otherwise procures such offense to be committed, and such offense is committed or is attempted to be committed

Answer 21

FYI

Question 22

777. 03 Accessory after the fact.—
     (1) (a) Any person not standing in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity to the offender, who maintains or assists the principal or an accessory before the fact, or gives the offender any other aid, knowing that the offender had committed a crime and such crime was a third degree felony, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment, is an accessory after the fact.

Answer 22

FYI

Question 23

777. 201 Entrapment.—
     (1)  A law enforcement officer, a person engaged in cooperation with a law enforcement officer, or a person acting as an agent of a law enforcement officer perpetrates an entrapment if, for the purpose of obtaining evidence of the commission of a crime, he or she induces or encourages and, as a direct result, causes another person to engage in conduct constituting such crime by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.

Answer 23

FYI

Question 24

782.03 Excusable homicide.—Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner.

Answer 24

FYI

Question 25

An injury can not be the cause of death, if 1 year and 1 day have passed from date of injury to time of death. (TRUE/FALSE)

Answer 25

True under 782.035 “year-and-a-day rule”

Question 26

Any person who perpetrates or attempts to perpetrate any felony enumerated in s. 782.04(3) and who commits, aids, or abets an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another commits a felony of the first degree is what crime?

Answer 26

782.051 Attempted felony murder

Question 27

The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is what crime?

Answer 27

782.07 Manslaughter

Question 28

________ _________ is the killing of a human being, or the killing of a viable fetus by any injury to the mother, 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.

Answer 28

782.071 Vehicular homicide

Question 29

__________ is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

Answer 29

784.011 Assault

Question 30

_______ _________ is an assault: (a)  With a deadly weapon without intent to kill; or (b)  With an intent to commit a felony.

Answer 30

784.021 Aggravated assault

Question 31

A person commits _______ ______ if he or she: (a)  Actually and intentionally touches or strikes another person against the will of the other; and (b)  Causes great bodily harm, permanent disability, or permanent disfigurement.

Answer 31

784.041 Felony Battery

Question 32

A person commits aggravated battery who, in committing battery:

Answer 32

1.  Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2.  Uses a deadly weapon. (b)  A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.

Question 33

"________ _______" means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.

Answer 33

“Dating violence”

Question 34

To justify "Dating Violence" a relations ship must meet these 3 things:

Answer 34

1.  A dating relationship must have existed within the past 6 months; 2.  The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and 3.  The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.

Question 35

A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of:

Answer 35

Stalking

Question 36

A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the offense of:

Answer 36

aggravated stalking

Question 37

(True/False) A law enforcement officer may arrest, without a warrant, any person that he or she has probable cause to believe has committed the crime of Stalking.

Answer 37

True

Question 38

Standard language in a Protection order prohibits the respondent from going or being w/in ___ feet of the petitioners home and ___ feet of their vehicle.

Answer 38

500 / 100

Question 39

Is Culpable negligence a felony or misdemeanor?

Answer 39

Misdemeanor* Unless it involves a firearm, then it's a felony

Question 40

Is knowingly and willfully shining a laser lighting device at a LEO a criminal offense?

Answer 40

NO -- WTF

Question 41

Shining a laser at a vehicle, vessel or aircraft is a misdemeanor or felony?

Answer 41

Felony

Question 42

Assault on a LEO is a ______ degree misdemeanor?

Answer 42

1st

Question 43

Battery on a LEO is a ______ degree felony?

Answer 43

3rd

Question 44

The "blue alert" system can be utilized when ______ has occured.

Answer 44

784.071 Assault or battery on a law enforcement officer; missing while in line of duty

Question 45

(True/Falso) It is unlawful for any person, while being detained in a facility and with intent to harass, annoy, threaten, or alarm a person in a facility whom he or she knows or reasonably should know to be an employee of such facility, to cause or attempt to cause such employee to come into contact with blood, masticated food, regurgitated food, saliva, seminal fluid, or urine or feces, whether by throwing, tossing, or expelling such fluid or material

Answer 45

True - 3rd degree Felony

Question 46

The term “______” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: 1.  Hold for ransom or reward or as a shield or hostage. 2.  Commit or facilitate commission of any felony. 3.  Inflict bodily harm upon or to terrorize the victim or another person. 4.  Interfere with the performance of any governmental or political function.

Answer 46

kidnapping

Question 47

The term “______ ________” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.

Answer 47

false imprisonment

Question 48

A person 18 years of age or older who intentionally lures or entices, or attempts to lure or entice, a child under the age of 12 into a structure, dwelling, or conveyance for other than a lawful purpose commits a misdemeanor of the ___ degree

Answer 48

1st

Question 49

A person 18 years of age or older who, having been previously convicted of Luring or enticing a child , intentionally lures or entices, or attempts to lure or entice, a child under the age of 12 into a structure, dwelling, or conveyance for other than a lawful purpose commits a _______ of the third degree

Answer 49

felony

Question 50

Interference with custody is a felony or misdemeanor?

Answer 50

felony

Question 51

“______ ________” means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation of that person.

Answer 51

Human trafficking

Question 52

A person who transports into this state an individual who the person knows, or should know, is illegally entering the United States from another country commits _________ ________

Answer 52

Human smuggling

Question 53

________ _______ means any firearm manufactured in or before 1918

Answer 53

Antique firearm

Question 54

_________ _________ means any firearm which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.

Answer 54

Concealed firearm

Question 55

__________ ________ means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person

Answer 55

Concealed weapon

Question 56

___________ means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun.

Answer 56

Firearm

Question 57

) “Short-barreled shotgun” means a shotgun having one or more barrels less than __ inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than __ inches.

Answer 57

18 / 26

Question 58

) “Short-barreled rifle” means a rifle having one or more barrels less than __ inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than __inches

Answer 58

16 / 26

Question 59

_________ _________ __ _______ ______ means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.

Answer 59

Readily accessible for immediate use

Question 60

___________ __________ ” means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access

Answer 60

Securely encased

Question 61

Per FSS 790.01, it (is/is not) a crime to carry self-defense chemical spray or a dart firing stun gun or ECD for lawful self-defense in a concealed manner.

Answer 61

IS NOT

Question 62

Does Florida honor/recognize Concealed Carry Permits from other states?

Answer 62

Yes - As long as the person is 21 y/o and has a their CWP on their person.

Question 63

ECD's can be openly carried. (TRUE/FALSE)

Answer 63

False

Question 64

What Florida Governmental Agency is responsible for Concealed Weapon Permits?

Answer 64

Dept. of Agriculture and Consumer Services

Question 65

Making a "False report of a bomb" is a felony (TRUE/FALSE)

Answer 65

True

Question 66

Crimes involving "Weapons of Mass destruction," are what type of Felony

Answer 66

Capitol

Question 67

The home address of a Juvenile Offender convicted of a offense involving a firearm may be released for publication. (TRUE/FALSE)

Answer 67

True

Question 68

Minors under the age of __ must be supervised by an adult to use a BB gun.

Answer 68

16

Question 69

A Ballistic self-propelled knife can be declared dangerous or _______ weapon.

Answer 69

deadly

Question 70

Can a convicted felon posses an ECD?

Answer 70

No

Question 71

Employers can legally prohibit employees from keeping secured firearms in their vehicles while on the employer's property. (TRUE/FALSE)

Answer 71

False

Question 72

Any person(s) who remove a serial number from a firearm of any type can be charge with a (felony/misdemeanor).

Answer 72

felony

Question 73

Sexual battery by a person 18 or older on a child <12 y/o commits a _____ felony.

Answer 73

capital

Question 74

Sexual battery by a person <12 commits a ____ felony.

Answer 74

life

Question 75

Sexual battery on a victim 12 or older w/o consent or threats to use deadly weapon, or actual physical force causing SBI commits a ____ felony

Answer 75

life

Question 76

Failure to report a sexual battery is misdemeanor/felony?

Answer 76

misdemeanor

Question 77

A person 24 y/o or greater who has sex with a person 16-17 y/o commits a 2nd degree felony (TRUE/FALSE).

Answer 77

True

Question 78

Criminal Mischief <$1000 is a ________ crime.

Answer 78

misdemeanor

Question 79

Criminal Mischief >$1000 is a _______ crime.

Answer 79

felony

Question 80

Destroying a public telephone of related public communication devices is a ______ crime.

Answer 80

felony

Question 81

Tampering or disabling phone lines to facilitate a burglary, is what level of crime?

Answer 81

felony

Question 82

Theft of a fire extinguisher is a felony (true/false)

Answer 82

true

Question 83

Theft of 1000 pieces of citrus is a felony (true/false)

Answer 83

false - 2000 pieces or more

Question 84

Theft of a Stop Sign is a felony (true/false)

Answer 84

True

Question 85

Theft of Anhydrous ammonia is a felony (true/false)

Answer 85

True

Question 86

Copper theft from utility or communication services that interrupts same service, is a felony (ture/false)

Answer 86

True

Question 87

When does child abuse, rise to the level of Aggravated Child abuse?

Answer 87

Battery on a Child occurs and Willfully tortures, maliciously punishes or cages a child or causes Great Bodily Harm etc

Question 88

_____ _ _ _________ is Any person who: (a)  Commits any act which causes, tends to cause, encourages, or contributes to a child becoming a delinquent or dependent child or a child in need of services; or (b)  Induces or endeavors to induce, by act, threat, command, or persuasion, a child to commit or perform any act, follow any course of conduct, or live in a manner that causes or tends to cause such child to become or to remain a dependent or delinquent child or a child in need of services

Answer 88

Contributing to the delinquency or dependency of a child

Question 89

False reports to law enforcement authorities is a felony/misdemeanor ?

Answer 89

misdemeanor

Question 90

Resisting an Officer w/o violence is a ________, where w/ violence is a _______.

Answer 90

misdemeanor / felony

Question 91

Unlawful possession of a concealed handcuff key is a felony (true/false)

Answer 91

True

Question 92

Depriving officer of means of protection or communication is a felony (true/false)

Answer 92

True

Question 93

Intentionally harass, tease of interfear with or batter a police animal is a misdemeanor. (true/false)

Answer 93

True

Question 94

To cause GBH or a firearm against a police animal is a felony (true/false)

Answer 94

True

Question 95

Unless the suspect flees, the LEO must give same suspect an opportunity to dispel any alarm or immediate concern prior to arrest. (True/False)

Answer 95

True

Question 96

There must be __ or more people meeting together to establish an Unlawful Assembly.

Answer 96

3

Question 97

"________ __________" means a formal or informal ongoing organization, association, or group that has as one of its primary activities the commission of criminal or delinquent acts, and that consists of three or more persons who have a common name or common identifying signs, colors, or symbols, including, but not limited to, terrorist organizations and hate groups

Answer 97

Criminal Gang

Question 98

Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a ____________________.

Answer 98

Breach of the peace; disorderly conduct

Question 99

Standard for Trafficking in Cannabis is

Answer 99

in excess of 25 pounds of cannabis, or 300 or more cannabis plants

Question 100

Standard for Trafficking in Cocaine is

Answer 100

28 grams or more of cocaine

Question 101

Standard for Trafficking in heroin, morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt is

Answer 101

4 grams or more

Question 102

Standard for Trafficking in LSD is

Answer 102

1 gram or more

Question 103

WARRANTLESS ARRESTS: As a general rule, a law enforcement officer, may make a warrantless probable cause arrest when:

Answer 103

(1)  The person has committed a felony or misdemeanor or violated a municipal or county ordinance in the presence of the officer. (2)  A felony has been committed and he or she reasonably believes that the person committed it. (3)  There is reasonable belief that a felony has been or is being committed and that the person to be arrested has committed or is committing it. (4)  A warrant for arrest has been issued and is held by another peace officer for execution. (5)  A violation of chapter 316 has been committed in the presence of the officer. Such an arrest may be made immediately or in fresh pursuit. (6)  The person has committed a criminal act according to s. 790.233 or according to s. 741.31 or s. 784.047 which violates an injunction for protection entered pursuant to s. 741.30 or s. 784.046, or a foreign protection order accorded full faith and credit pursuant to s. 741.315. (7)  The person has committed an act of domestic violence, as defined in s. 741.28, or dating violence, as provided in s. 784.046. (8)  The person has committed child abuse, as defined in s. 827.03, or has violated s. 787.025, relating to luring or enticing a child for unlawful purposes. (9)  The person has committed: (a) Battery upon another person. § 784.03, Fla. Stat. (b)  Criminal mischief or graffiti-related offense. § 806.13, Fla. Stat. (c)  A violation of a safety zone, security zone, regulated navigation area, or naval vessel protection zone as described in s. 327.461. (10) The person has violated a condition of pretrial release provided in s. 903.047 when the original arrest was for an act of domestic violence as defined in s. 741.28, or when the original arrest was for an act of dating violence as defined in s. 784.046. (11) The person has committed trespass in a secure, conspicuously signed, area of an airport (12) The person has committed assault on a law enforcement officer, firefighter, emergency medical care provider, public transit employee, or other person specified in §784.07, or has committed assault or battery upon any employee of a receiving facility defined in §394.455, who is engaged in the lawful performance of his or her duties

Question 104

MISDEMEANOR NON-VIEW EXCEPTIONS A law enforcement officer is authorized to make a warrantless arrest for some misdemeanor offenses that occur outside the officer’s presence. Those non-view misdemeanor exceptions include:

Answer 104

* Traffic misdemeanors if probable cause is developed pursuant to the officer’s traffic crash investigation. §§316.645 and 318.17, Fla. Stat. * Disorderly Conduct on public lodging or food service establishment licensed under Chapter 509, Fla. Stat. §509.143, Fla. Stat. * Theft of property belonging to a food service or public lodging establishment licensed under Chapter 509, Fla. Stat. §509.162(3) * Domestic, Dating, or Repeat Violence. § 741.28, Fla. Stat. * Violation of Injunction or protection order for domestic, dating, repeat violence or stalking. §§741.31, 741.31(4) & 784.047, Fla. Stat. * Violations of pretrial release conditions in §903.047 if the original arrest was for an act of domestic violence as defined in §741.28. * Trespass in signed, secure area of airport. * Assault on law enforcement officer, firefighter or emergency medical care provided, public transit employee or agent, or other specified person set out in §784.07. Fla. Stat. * Stalking. § 784.048, Fla. Stat. * Battery. § 784.03, Fla. Stat. * Luring or enticing child under 12 by person over 18. §787.025, Fla. Stat. * Carrying a concealed weapon. §790.02, Fla. Stat. * Carrying firearm or ammunition against injunction. §790.233, Fla. Stat. * Criminal Mischief. §806.13, Fla. Stat. * Trespass after warning on occupied or unoccupied property. §810.08, Fla. Stat. * Trespass on school grounds. § 810.097, Fla. Stat. * Transit fare evasion. § 812.012(4), Fla. Stat. * Retail Theft. § F.S. 812.015, Fla. Stat. * Contributing to delinquency/dependency of minor. § 827.04, Fla. Stat. * Possession of Cannabis

Question 105

A LEO in performance of their duties, may, by force gain entry to a structure to arrest a suspect for a felony. (true/false)

Answer 105

True

Question 106

When a suspect knowingly gives someone else's name for their own, and that person is adversely affected, the suspect is guilty of a _____ crime.

Answer 106

felony