STATE STAUTES 2019 Flashcards
316.6135 Leaving children unattended or unsupervised in motor vehicles; penalty; authority of law enforcement officer.
- person responsible for a child younger than 6 years of age may not leave the child unattended or unsupervised in a motor vehicle:
- For a period in excess of 15 minutes
- For any period of time if the motor of the vehicle is running, the health of the child is in danger, or the child appears to be in distress.
- Any person who violates the provisions of paragraph (1)(a) commits a misdemeanor of the second degree
- Any person who violates subsection (1) and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to a child commits a felony of the third degree
(6) Any law enforcement officer who observes a child left unattended or unsupervised in a motor vehicle in violation of subsection (1) may use whatever means are reasonably necessary to protect the minor child and to remove the child from the vehicle.
(7) If the child is removed from the immediate area, notification should be placed on the vehicle.
(8) The child shall be remanded to the custody of the Department of Children and Families pursuant to chapter 39, unless the law enforcement officer is able to locate the parents or legal guardian or other person responsible for the child.
316.614 Safety belt usage.
Motor vehicle” means a motor vehicle as defined in s. 316.003 which is operated on the roadways, streets, and highways of this state or when stationary at a traffic control device. The term does not include:
- A school bus.
- A bus used for the transportation of persons for compensation.
- A farm tractor or implement of husbandry.
- A truck having a gross vehicle weight rating of more than 26,000 pounds.
- A motorcycle, a moped, a bicycle, or an electric bicycle.
- 614 Safety belt usage.
(4) It is unlawful for any person:
a) To operate a motor vehicle or an autocycle in this state unless each passenger and the operator of the vehicle or autocycle under the age of 18 years are restrained by a safety belt or by a child restraint device pursuant to s. 316.613, if applicable; or
(b) To operate a motor vehicle or an autocycle in this state unless the person is restrained by a safety belt.
(5) It is unlawful for any person 18 years of age or older to be a passenger in the front seat of a motor vehicle or an autocycle unless such person is restrained by a safety belt when the vehicle or autocycle is in motion.
(6) (a) Neither a person who is certified by a physician as having a medical condition that causes the use of a safety belt to be inappropriate or dangerous nor an employee of a newspaper home delivery service while in the course of his or her employment delivering newspapers on home delivery routes is required to be restrained by a safety belt.
(b) An employee of a solid waste or recyclable collection service is not required to be restrained by a safety belt while in the course of employment collecting solid waste or recyclables on designated routes.
(c) The requirements of this section do not apply to the living quarters of a recreational vehicle or a space within a truck body primarily intended for merchandise or property.
(d) The requirements of this section do not apply to motor vehicles that are not required to be equipped with safety belts under federal law.
(e) A rural letter carrier of the United States Postal Service is not required to be restrained by a safety belt while performing duties in the course of his or her employment on a designated postal route.
When a law enforcement officer issues a citation for a violation of this section, the law enforcement officer must record these two things?
race and ethnicity of the violator. All law enforcement agencies must maintain such information and forward the information to the department in a form and manner determined by the department. The department shall collect this information by jurisdiction and annually report the data to the Governor, the President of the Senate, and the Speaker of the House of Representatives
320.07 Expiration of registration; renewal required; penalties
Any servicemember, as defined in s. 250.01, whose mobile home registration expired while he or she was serving on active duty or state active duty shall not be charged with a violation of this subsection if, at the time of the offense, the servicemember was serving on active duty or state active duty how many miles?
35 miles or more from the mobile home. The servicemember must present to the department either a copy of the official military orders or a written verification signed by the servicemember’s commanding officer to receive a waiver of charges.
320.131 Temporary tags
- While a personalized prestige or specialty license plate is being manufactured for use upon the motor vehicle. A temporary tag issued for this purpose shall be valid for 90 days
- Except as specifically provided otherwise, a temporary tag shall be valid for 30 days, and no more than two shall be issued to the same person for the same vehicle.
- Any person who knowingly and willfully abuses or misuses temporary tag issuance to avoid registering a vehicle requiring registration pursuant to this chapter or chapter 319 commits a misdemeanor of the first degree,
- Any person who knowingly and willfully issues a temporary tag or causes another to issue a temporary tag to a fictitious person or entity to avoid disclosure of the true owner of a vehicle commits a felony of the third degree
320.261 Attaching registration license plate not assigned unlawful; penalty
any person who knowingly attaches to any motor vehicle or mobile home any registration license plate, or who knowingly attaches any validation sticker or mobile home sticker to a registration license plate, which plate or sticker was not issued and assigned or lawfully transferred to such vehicle, is guilty of a misdemeanor of the second degree
322.03 Drivers must be licensed; penalties
Prior to issuing a driver license, the department shall require any person who has been convicted two or more times of a violation of s. 316.193 or of a substantially similar alcohol-related or drug-related offense outside this state within the preceding 5 years, or who has been convicted of three or more such offenses within the preceding 10 years, to present proof of successful completion of or enrollment in a department-approved substance abuse education course. If the person fails to complete such education course within 90 days
- the department may not issue a commercial driver license to any person who is not a resident of this state.
- A resident of this state who is required by the laws of this state to possess a commercial driver license may not operate a commercial motor vehicle in this state unless he or she possesses a valid commercial driver license issued by this state. Except as provided in paragraph (c), any person who violates this paragraph is guilty of a misdemeanor of the first degree
- Any person whose commercial driver license has been expired for a period of 30 days or less and who drives a commercial motor vehicle within this state is guilty of a non-moving violation
- It is a violation of this section for any person whose driver license has been expired for more than 6 months to operate a motor vehicle on the highways of this state
322.15 License to be carried and exhibited on demand; fingerprint to be imprinted upon a citation
If proof of a valid driver license is not provided to the clerk of the court within 30 days, the person’s driver license shall again be suspended for failure to comply.
322.34 Driving while license suspended, revoked, canceled, or disqualified
who drives a vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked is guilty of a moving violation
2. A person convicted of a third or subsequent conviction, except as provided in paragraph (c), must serve a minimum of 10 days in jail
3.
322.341 Driving while license permanently revoked
who drives a motor vehicle upon the highways of this state is guilty of a felony of the third degree
322.36 Permitting unauthorized operator to drive
Any person who violates this section commits a misdemeanor of the second degree
If a person violates this section by knowingly loaning a vehicle to a person whose driver license is suspended and if that vehicle is involved in an accident resulting in bodily injury or death, the driver license of the person violating this section shall be suspended for 1 year.
119.011 Definitions
“Criminal intelligence information” means
information with respect to an identifiable person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor possible criminal activity.
119.011 Definitions
“Criminal investigative information” means
information with respect to an identifiable person or group of persons compiled by a criminal justice agency in the course of conducting a criminal investigation of a specific act or omission, including, but not limited to, information derived from laboratory tests, reports of investigators or informants, or any type of surveillance.
119.011 Definitions
“Criminal intelligence information” and “criminal investigative information” shall not include:
- The time, date, location, and nature of a reported crime.
- The name, sex, age, and address of a person arrested or of the victim of a crime except as provided in s. 119.071(2)(h) or (o).
- The time, date, and location of the incident and of the arrest.
- The crime charged.
- Documents given or required by law or agency rule to be given to the person arrested, except as provided in s. 119.071(2)(h) or (m), and, except that the court in a criminal case may order that certain information required by law or agency rule to be given to the person arrested be maintained in a confidential manner and exempt from the provisions of s. 119.07(1) until released at trial if it is found that the release of such information would:
a. Be defamatory to the good name of a victim or witness or would jeopardize the safety of such victim or witness; and
b. Impair the ability of a state attorney to locate or prosecute a codefendant. - Informations and indictments except as provided in s. 905.26.
119.011 Definitions
The word “active” shall have the following meaning
- Criminal intelligence information shall be considered “active” as long as it is related to intelligence gathering conducted with a reasonable, good faith belief that it will lead to detection of ongoing or reasonably anticipated criminal activities.
- Criminal investigative information shall be considered “active” as long as it is related to an ongoing investigation which is continuing with a reasonable, good faith anticipation of securing an arrest or prosecution in the foreseeable future.
In addition, criminal intelligence and criminal investigative information shall be considered “active” while such information is directly related to pending prosecutions or appeals. The word “active” shall not apply to information in cases which are barred from prosecution under the provisions of s. 775.15 or other statute of limitation.
119.011 Definitions
“Criminal justice agency” means:
(a) Any law enforcement agency, court, or prosecutor;
(b) Any other agency charged by law with criminal law enforcement duties;
(c) Any agency having custody of criminal intelligence information or criminal investigative information for the purpose of assisting such law enforcement agencies in the conduct of active criminal investigation or prosecution or for the purpose of litigating civil actions under the Racketeer Influenced and Corrupt Organization Act, during the time that such agencies are in possession of criminal intelligence information or criminal investigative information pursuant to their criminal law enforcement duties; or
(d) The Department of Corrections.
119.0714 Court files; court records; official records
COURT FILES.
Nothing in this chapter shall be construed to exempt from s. 119.07(1) a public record that was made a part of a court file and that is not specifically closed by order of court, except:
(a) A public record that was prepared by an agency attorney or prepared at the attorney’s express direction
(b) Data processing software
(c) Any information revealing surveillance techniques or procedures or personnel
(d) Any comprehensive inventory of state and local law enforcement resources, and any comprehensive policies or plans compiled by a criminal justice agency,
(e) Any information revealing the substance of a confession of a person arrested
(f) Any information revealing the identity of a confidential informant or confidential source
(g) Any information revealing undercover personnel of any criminal justice agency
(h) Criminal intelligence information or criminal investigative information that is confidential and exempt
(i) Social security numbers
(j) Bank account numbers and debit, charge, and credit card numbers
(k) 1. A petition, and the contents thereof, for an injunction for protection against domestic violence, repeat violence, dating violence, sexual violence, stalking, or cyberstalking that is dismissed without a hearing, dismissed at an ex parte hearing due to failure to state a claim or lack of jurisdiction, or dismissed for any reason having to do with the sufficiency of the petition itself without an injunction being issued on or after July 1, 2017,
- A petition, and the contents thereof, for an injunction for protection against domestic violence, repeat violence, dating violence, sexual violence, stalking, or cyberstalking that is dismissed without a hearing, dismissed at an ex parte hearing due to failure to state a claim or lack of jurisdiction, or dismissed for any reason having to do with the sufficiency of the petition itself without an injunction being issued before July 1, 2017, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution only upon request by an individual named in the petition as a respondent. The request must be in the form of a signed, legibly written request specifying the case name, case number, document heading, and page number. The request must be delivered by mail, facsimile, or electronic transmission or in person to the clerk of the court. A fee may not be charged for such request.
- Any information that can be used to identify a petitioner or respondent in a petition for an injunction against domestic violence, repeat violence, dating violence, sexual violence, stalking, or cyberstalking, and any affidavits, notice of hearing, and temporary injunction, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the respondent has been personally served with a copy of the petition for injunction, affidavits, notice of hearing, and temporary injunction.
119.0714 Court files; court records; official records
COURT RECORDS.
a) Until January 1, 2012, if a social security number or a bank account, debit, charge, or credit card number is included in a court file, such number may be included as part of the court record available for public inspection and copying unless redaction is requested by the holder of such number or by the holder’s attorney or legal guardian.
(b) A request for redaction must be a signed, legibly written request specifying the case name, case number, document heading, and page number. The request must be delivered by mail, facsimile, electronic transmission, or in person to the clerk of the court. The clerk of the court does not have a duty to inquire beyond the written request to verify the identity of a person requesting redaction.
(c) A fee may not be charged for the redaction of a social security number or a bank account, debit, charge, or credit card number pursuant to such request.
(d) The clerk of the court has no liability for the inadvertent release of social security numbers, or bank account, debit, charge, or credit card numbers, unknown to the clerk of the court in court records filed on or before January 1, 2012.
(e) 1. The clerk of the court must keep social security numbers confidential and exempt as provided for in s. 119.071(5)(a), and bank account, debit, charge, and credit card numbers exempt as provided for in s. 119.071(5)(b), without any person having to request redaction.
2. Section 119.071(5)(a)7. and 8. does not apply to the clerks of the court with respect to court records.
(f) A request for maintenance of a public records exemption in s. 119.071(4)(d)2. made pursuant to s. 119.071(4)(d)3. must specify the document type, name, identification number, and page number of the court record that contains the exempt information.
(g) The clerk of the court is not liable for the release of information that is required by the Florida Rules of Judicial Administration to be identified by the filer as confidential if the filer fails to make the required identification of the confidential information to the clerk of the court.
119.0714 Court files; court records; official records
OFFICIAL RECORDS.
A person who prepares or files a record for recording in the official records as provided in chapter 28 may not include in that record a ?
ocial security number or a bank account, debit, charge, or credit card number unless otherwise expressly required by law.
(a) If a social security number or a bank account, debit, charge, or credit card number is included in an official record, such number may be made available as part of the official records available for public inspection and copying unless redaction is requested by the holder of such number or by the holder’s attorney or legal guardian.
- 10 Violation of chapter; penalties.
(1) Any public officer who:
(a) Violates any provision of this chapter commits
a noncriminal infraction, punishable by fine not exceeding $500.
(b) Knowingly violates the provisions of s. 119.07(1) is subject to suspension and removal or impeachment and, in addition, commits a misdemeanor of the first degree,
(2) Any person who willfully and knowingly violates:
commits a misdemeanor of the first degree
(b) Section 119.105 commits a felony of the third degree, punishable as provided
119.105 Protection of victims of crimes or accidents
Police reports are public records except?
as otherwise made exempt or confidential. Every person is allowed to examine nonexempt or nonconfidential police reports. A person who comes into possession of exempt or confidential information contained in police reports may not use that information for any commercial solicitation of the victims or relatives of the victims of the reported crimes or accidents and may not knowingly disclose such information to any third party for the purpose of such solicitation during the period of time that information remains exempt or confidential. This section does not prohibit the publication of such information to the general public by any news media legally entitled to possess that information or the use of such information for any other data collection or analysis purposes by those entitled to possess that information.
316.027 Crash involving death or personal injuries
“Serious bodily injury” means an injury to?
a person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
316.027 Crash involving death or personal injuries
“Vulnerable road user” means:
- A pedestrian, including a person actually engaged in work upon a highway, or in work upon utility facilities along a highway, or engaged in the provision of emergency services within the right-of-way;
- A person operating a bicycle, an electric bicycle, a motorcycle, a scooter, or a moped lawfully on the roadway;
- A person riding an animal; or
- A person lawfully operating on a public right-of-way, crosswalk, or shoulder of the roadway:
a. A farm tractor or similar vehicle designed primarily for farm use;
b. A skateboard, roller skates, or in-line skates;
c. A horse-drawn carriage;
d. An electric personal assistive mobility device; or
e. A wheelchair.
- 027 Crash involving death or personal injuries
- The driver of a vehicle involved in a crash occurring on public or private property which results in injury to a person other than serious bodily injury shall immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and shall remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who willfully violates this paragraph commits?
- Serious injury?
- Death?
- a felony of the third degree
- a felony of the second degree
- A felony of the first degree, and shall be sentenced to a mandatory minimum term of imprisonment of 4 years. A person who willfully commits such a violation while driving under the influence as set forth in s. 316.193(1) shall be sentenced to a mandatory minimum term of imprisonment of 4 years.
316.027 Crash involving death or personal injuries
A driver who violates paragraph (a), paragraph (b), or paragraph (c) shall have his or her driver license revoked for at least ____ years and complete what?
3 years
before his or her driving privilege may be reinstated, present to the department proof of completion of a victim’s impact panel session in a judicial circuit if such a panel exists, or if such a panel does not exist, a department-approved driver improvement course relating to the rights of vulnerable road users relative to vehicles on the roadway
316.027 Crash involving death or personal injuries
In addition to any other civil, criminal, or administrative penalty imposed, a person whose commission of a noncriminal traffic infraction or a violation of this chapter or s. 1006.66 causes or results in the death of another person may be required by the court to serve _____ community service hours in a trauma center or hospital
120 hrs
This section does not apply to crashes occurring during a motorsports event, as defined in s. 549.10(1), or at a closed-course motorsport facility
- 061 Crashes involving damage to vehicle or property.
(1) The driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle at the scene of such crash or as close thereto as possible, and shall forthwith return to, and in every event shall remain at, the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who violates this subsection commits a?
misdemeanor of the second degree
316.061 Crashes involving damage to vehicle or property.
Every stop must be made without obstructing traffic more than is necessary, and, if a damaged vehicle is obstructing traffic, the driver of such vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the regular flow of traffic. Any person failing to comply with this subsection shall be cited for a?
nonmoving violation
316.062 Duty to give information and render aid
The driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give? and render?
Name, address, and the registration number of the vehicle he or she is driving, and shall upon request and if available exhibit his or her license or permit to drive
to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other property damaged in the crash and shall give such information and, upon request, exhibit such license or permit to any police officer at the scene of the crash or who is investigating the crash
and shall render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.
- 062 Duty to give information and render aid
(2) In the event none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (1), and no police officer is present, the driver of any vehicle involved in such crash, after fulfilling all other requirements of s. 316.027 and subsection (1), insofar as possible on his or her part to be performed, shall forthwith report the crash to?
the nearest office of a duly authorized police authority
(3) The statutory duty of a person to make a report or give information to a law enforcement officer making a written report relating to a crash shall not be construed as extending to information which would violate the privilege of such person against self-incrimination.
(4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation
This section does not apply to a fully autonomous vehicle operating with the automated driving system engaged in the event of a crash involving the vehicle if the vehicle owner, or a person on behalf of the vehicle owner, promptly contacts a law enforcement agency to report the crash or if the fully autonomous vehicle has the capability of alerting a law enforcement agency to the crash
316.063 Duty upon damaging unattended vehicle or other property.
The driver of any vehicle which collides with, or is involved in a crash with, any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately stop and shall then and there either locate and notify the operator or owner of the vehicle or other property of the driver’s? Penalty?
Name and address and the registration number of the vehicle he or she is driving, or shall attach securely in a conspicuous place in or on the vehicle or other property a written notice giving the driver’s name and address and the registration number of the vehicle he or she is driving, and shall without unnecessary delay notify the nearest office of a duly authorized police authority.
Misdemeanor of the second degree,
316.063 Duty upon damaging unattended vehicle or other property.
The law enforcement officer at the scene of a crash required to be reported in accordance with the provisions of subsection (1) or the law enforcement officer receiving a report by a driver as required by subsection (1) shall, if part or any of the property damaged is a fence or other structure used to house or contain livestock, promptly?
make a reasonable effort to notify the owner, occupant, or agent of this damage.
(4) This section does not apply to a fully autonomous vehicle operating with the automated driving system engaged in the event of a crash involving the vehicle if the vehicle owner, or a person on behalf of the vehicle owner, promptly contacts a law enforcement agency to report the crash or if the fully autonomous vehicle has the capability of alerting a law enforcement agency to the crash.
- 064 When driver unable to report.
(1) A crash report is not required under this chapter from any person who is physically incapable of making a report during the period of such incapacity.
(2) Whenever the driver of a vehicle is physically incapable of making an immediate or a written report of a crash, and there was another occupant in the vehicle at the time of the crash capable of making a report, such occupant shall ?
(3) Whenever the driver is physically incapable of making a written report of a crash as required in this chapter, then the owner of the vehicle involved in the crash shall, within____days after the crash, make such report not made by the driver.
(4) Penalty?
- make or cause to be made the report not made by the driver.
- 10 days
- noncriminal traffic infraction, punishable as a nonmoving violation
- 065 Crashes; reports; penalties
(1) The driver of a vehicle involved in a crash resulting in injury to or death of any persons or damage to any vehicle or other property in an apparent amount of at least?
- $500 shall immediately by the quickest means of communication give notice of the crash to the local police department, if such crash occurs within a municipality; otherwise, to the office of the county sheriff or the nearest office or station of the Florida Highway Patrol. A violation of this subsection is a noncriminal traffic infraction
316.065 Crashes; reports; penalties
Any person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been struck by a bullet, or any other person to whom is brought for the purpose of repair a motor vehicle showing such evidence, shall make a report, or cause a report to be made, to the nearest local police station or Florida Highway Patrol office within?
24 hours after the motor vehicle is received
and before any repairs are made to the vehicle. The report shall contain the year, license number, make, model, and color of the vehicle and the name and address of the owner or person in possession of the vehicle.
Any person who knowingly repairs a motor vehicle without having made a report is guilty of a misdemeanor of the first degree,
316.070 Exchange of information at scene of crash.
The law enforcement officer at the scene of a crash required to be reported in accordance with the provisions of s. 316.066 shall instruct the driver of each vehicle involved in the crash to report the following to all other parties suffering injury or property damage as an apparent result of the crash:
(1) The name and address of the owner and the driver of the vehicle.
(2) The license number of the vehicle.
(3) The name of the liability carrier for the vehicle.
316.0777 Automated license plate recognition systems; public records exemption.
“Automated license plate recognition system” means
a system of one or more mobile or fixed high-speed cameras combined with computer algorithms to convert images of license plates into computer-readable data.
- 0777 Automated license plate recognition systems; public records exemption.
(2) The following information held by an agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
(a) Images and data containing or providing personal identifying information obtained through the use of an automated license plate recognition system.
(b) Personal identifying information of an individual in data generated or resulting from images obtained through the use of an automated license plate recognition system.
(3) Such information may be disclosed as follows:
(a) Any such information may be disclosed by or to a criminal justice agency in the performance of the criminal justice agency’s official duties.
(b) Any such information relating to a license plate registered to an individual may be disclosed to the individual, unless such information constitutes active criminal intelligence information or active criminal investigative information.
316.130 Pedestrians; traffic regulations
Where sidewalks are provided, no pedestrian shall, unless required by other circumstances, walk along and upon?
the portion of a roadway paved for vehicular traffic.
316.130 Pedestrians; traffic regulations
Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on ?
the shoulder on the left side of the roadway in relation to the pedestrian’s direction of travel, facing traffic which may approach from the opposite direction.
316.130 Pedestrians; traffic regulations
Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except?
in a marked crosswalk.
316.130 Pedestrians; traffic regulations
Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall?
yield the right-of-way to all vehicles upon the roadway.
316.130 Pedestrians; traffic regulations
No pedestrian shall, except in a marked crosswalk, cross a roadway at any other place than by a route at?
right angles to the curb or by the shortest route to the opposite curb.
316.130 Pedestrians; traffic regulations
No pedestrian may jump or dive from a______owned bridge.
publicly
Nothing in this provision requires the state or any political subdivision of the state to post signs notifying the public of this provision. The failure to post a sign may not be construed by any court to create liability on the part of the state or any of its political subdivisions for injuries sustained as a result of jumping or diving from a bridge in violation of this subsection.
316.191 Racing on highways.
As used in this section, the term:
“Conviction” means?
a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld.
316.191 Racing on highways.
“Drag race”
means the operation of two or more motor vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or
the operation of one or more motor vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of such motor vehicle or motor vehicles within a certain distance or time limit.
316.191 Racing on highways.
“Race” means
the use of one or more motor vehicles in competition, arising from a challenge to demonstrate superiority of a motor vehicle or driver and the acceptance or competitive response to that challenge, either through a prior arrangement or in immediate response, in which the competitor attempts to outgain or outdistance another motor vehicle, to prevent another motor vehicle from passing, to arrive at a given destination ahead of another motor vehicle or motor vehicles, or to test the physical stamina or endurance of drivers over long-distance driving routes. A race may be prearranged or may occur through a competitive response to conduct on the part of one or more drivers which, under the totality of the circumstances, can reasonably be interpreted as a challenge to race.
316.191 Racing on highways.
“Spectator” means
any person who is knowingly present at and views a drag race, when such presence is the result of an affirmative choice to attend or participate in the race. For purposes of determining whether or not an individual is a spectator, finders of fact shall consider the relationship between the racer and the individual, evidence of gambling or betting on the outcome of the race, and any other factor that would tend to show knowing attendance or participation.
316.191 Racing on highways.
Penalties for Driver, passenger, facilitator?
Any person who commits a second violation?
commits a third or subsequent violation?
- first violation: commits a misdemeanor of the first degree, shall pay a fine of not less than $500 and not more than $1,000, revoke the driver license of a person so convicted for 1 year
- Second violation within 5 years after the date of a prior violation that resulted in a conviction commits a misdemeanor of the first degree, shall pay a fine of not less than $1,000 and not more than $3,000. revoke the driver license of that person for 2 year
- within 5 years after the date of a prior violation that resulted in a conviction commits a misdemeanor of the first degree, shall pay a fine of not less than $2,000 and not more than $5,000. revoke the driver license of that person for 4 years
316.191 Racing on highways.
a spectator at any drag race penalty?
noncriminal traffic infraction, punishable as a moving violation
316.191 Racing on highways.
Any motor vehicle used in violation of subsection (2) may be impounded for a period of_____ business days if a law enforcement officer has arrested and taken a person into custody pursuant to this subsection and the person being arrested is the registered owner or co-owner of the motor vehicle.
2nd violation within 5 years?
- 30 business days (is the registered owner or co-owner of the motor vehicle)
- seizure (if the owner of the motor vehicle is the person charged)
316.192 Reckless driving
Defined:
Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) Fleeing a law enforcement officer in a motor vehicle is reckless driving per se.
316.192 Reckless driving
Penalties:
Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment
On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment
316.192 Reckless driving
Damage to the property or person of another commits?
Serious injury?
The term “serious bodily injury” means?
a misdemeanor of the first degree
felony of the third degree
an injury to another person, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
316.1923 Aggressive careless driving
“Aggressive careless driving” means committing two or more of the following acts simultaneously or in succession:
(1) Exceeding the posted speed
(2) Unsafely or improperly changing lanes
(3) Following another vehicle too closely
(4) Failing to yield the right-of-way
(5) Improperly passing
(6) Violating traffic control and signal devices
316.1932 Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal
The person shall be told that his or her failure to submit to any lawful test of his or her breath will result in the suspension of the person’s privilege to operate a motor vehicle for a period of____for a first refusal, or for a period of _____ if the driving privilege of such person has been previously suspended
1 year
18 months
316.1932 Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal
The blood-alcohol level must be based upon grams of alcohol per?
100 milliliters of blood.
316.1932 Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal
The breath-alcohol level must be based upon grams of alcohol per ?
210 liters of breath
316.1933 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force
If a law enforcement officer has probable cause to believe that a motor vehicle driven by or in the actual physical control of a person under the influence of alcoholic beverages, any chemical substances, or any controlled substances has caused the death or serious bodily injury of a human being, a law enforcement officer shall require the person driving or in actual physical control of the motor vehicle to submit to a test of the person’s______for the purpose of determining the alcoholic content thereof or the presence of chemical substances
blood
316.1933 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force
The law enforcement officer may use _______if necessary to require such person to submit to the administration of the blood test. The blood test shall be performed in a_______. The testing required by this paragraph need not be_______of the person.
reasonable force
reasonable manner
incidental to a lawful arrest
316.1933 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force
If a health care provider, who is providing medical care in a health care facility to a person injured in a motor vehicle crash, becomes aware, as a result of any blood test performed in the course of that medical treatment, that the person’s blood-alcohol level meets or exceeds the blood-alcohol level specified in s. 316.193(1)(b), the health care provider may notify?
Any such notice must be given within a_______ after the health care provider receives the test result.
Any such notice shall be used only for the purpose of providing the law enforcement officer with______ to request the withdrawal of a blood sample pursuant to this section.
any law enforcement officer or law enforcement agency
a reasonable time
reasonable cause
316.1933 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force
A civil, criminal, or administrative action may____ be brought against any person or health care provider participating in good faith in the provision of notice or failure to provide notice as provided in this section.
Any person or health care provider participating in the provision of notice or failure to provide notice as provided in this section shall be______from any civil or criminal liability and from any professional disciplinary action with respect to the provision of notice or failure to provide notice under this section.
Any such participant has the same immunity with respect to participating in any judicial proceedings resulting from the notice or failure to provide notice.
not
immune
316.1933 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force
The results of any test administered pursuant to this section for the purpose of detecting the presence of any controlled substance shall _______ as evidence in a criminal prosecution for the possession of a controlled substance.
not be admissible
316.1934 Presumption of impairment; testing methods
It is unlawful and punishable as provided in chapter 322 and in s. 316.193 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that the person’s ______are impaired or to the extent that the person is deprived of full possession of______, to drive or be in actual physical control of any motor vehicle within this state. Such
normal faculties, normal faculties
316.1934 Presumption of impairment; testing methods
Normal faculties include, but are not limited to
The ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and, in general, normally perform the many mental and physical acts of daily life
316.1934 Presumption of impairment; testing methods
If there was at that time a blood-alcohol level or breath-alcohol level of ____ or less, it is presumed that the person was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired
0.05
316.1934 Presumption of impairment; testing methods
If there was at that time a blood-alcohol level or breath-alcohol level in excess of ________, that fact does not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired but may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired
0.05 but less than 0.08
316.1934 Presumption of impairment; testing methods
If there was at that time a blood-alcohol level or breath-alcohol level of_____or higher, that fact is prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. Moreover, such person who has a blood-alcohol level or breath-alcohol level of_____ or higher is guilty of driving, or being in actual physical control of, a motor vehicle, with an unlawful blood-alcohol level or breath-alcohol level
- 08
0. 08
316.1934 Presumption of impairment; testing methods
A chemical analysis of a person’s blood to determine alcoholic content or a chemical or physical test of a person’s breath, in order to be considered valid under this section, must have been performed substantially in accordance with methods approved by the _____and by an individual possessing a_____issued by the department for this purpose.
the Department of Law Enforcement
valid permit
316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding
Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated commits?
Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, commits?
Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, and causes serious bodily injury or death to another person, including any law enforcement officer involved in pursuing or otherwise attempting to effect a stop of the person’s vehicle, commits?
a felony of the third degree
a felony of the second degree
a felony of the first degree (mandatory minimum sentence of 3 years imprisonment)
316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding
The court shall revoke, for a period not less than____year nor exceeding____years, the driver license of any operator of a motor vehicle convicted
1 year nor exceeding 5 years
316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding
Any motor vehicle involved in a violation of this section is deemed to be contraband, which may be _____ by a law enforcement agency and is subject to forfeiture
seized
316.1936 Possession of open containers of alcoholic beverages in vehicles prohibited; penalties
A passenger of a self-contained motor home which is in excess of____ feet in length
21
316.1936 Possession of open containers of alcoholic beverages in vehicles prohibited; penalties
“Open container” means
any container of alcoholic beverage which is immediately capable of being consumed from, or the seal of which has been broken
316.1936 Possession of open containers of alcoholic beverages in vehicles prohibited; penalties
“Road” means
A way open to travel by the public, including, but not limited to, a street, highway, or alley. The term includes associated sidewalks, the roadbed, the right-of-way, and all culverts, drains, sluices, ditches, water storage areas, embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary for the maintenance of travel and all ferries used in connection therewith.
316.1936 Possession of open containers of alcoholic beverages in vehicles prohibited; penalties
It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while seated______ a motor vehicle that is parked or stopped within a road as defined in this section. Notwithstanding the prohibition contained in this section, passengers in vehicles designed, maintained, and used primarily for the transportation of persons for compensation and in motor homes are exempt
in or on
316.1936 Possession of open containers of alcoholic beverages in vehicles prohibited; penalties
An open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of a passenger and is not located in a?
locked glove compartment, locked trunk, or other locked nonpassenger area of the vehicle
316.1936 Possession of open containers of alcoholic beverages in vehicles prohibited; penalties
This section shall not apply to:
(a) A passenger of a vehicle in which the driver is operating the vehicle pursuant to a contract to provide transportation for passengers and such driver holds a valid commercial driver license with a passenger endorsement issued in accordance with the requirements of chapter 322;
(b) A passenger of a bus in which the driver holds a valid commercial driver license with a passenger endorsement issued in accordance with the requirements of chapter 322; or
(c) A passenger of a self-contained motor home which is in excess of 21 feet in length.
316.1937 Ignition interlock devices, requiring; unlawful acts
installed in such a manner that the vehicle will not start if the operator’s blood alcohol level is in excess of ______ percent or as otherwise specified by the court.
0.025
316.1937 Ignition interlock devices, requiring; unlawful acts
The court may require the use of an approved ignition interlock device for a period of at least ____ continuous months, if the person is permitted to operate a motor vehicle, whether or not the privilege to operate a motor vehicle is restricted, as determined by the court.
6
316.1937 Ignition interlock devices, requiring; unlawful acts
It is unlawful to tamper with, or to circumvent the operation of, a court-ordered ignition interlock device
what is the penalty?
In addition to the penalties provided in this section, a violation of this section is a noncriminal traffic infraction, punishable as a non moving violation
316.1939 Refusal to submit to testing; penalties
Refusal to submit after having a prior refusal to submit?
misdemeanor of the first degree,
316.2045 Obstruction of public streets, highways, and roads
A person may not willfully obstruct the free, convenient, and normal use of a public street, highway, or road by:
- Impeding, hindering, stifling, retarding, or restraining traffic or passage thereon;
- Standing on or remaining in the street, highway, or road; or
- Endangering the safe movement of vehicles or pedestrians traveling thereon
shall be cited for a pedestrian violation
316.2065 Bicycle regulations
An adult rider may carry a child securely attached to his or her person in a backpack or sling? True or False
true
316.2065 Bicycle regulations
If not in a backpack or sling, a bicycle rider must carry any passenger who is a child under___ years of age, or who weighs_____pounds or less, in a seat or carrier that is designed to carry a child of that age or size and that secures and protects the child from the moving parts of the bicycle.
4 years
40 pounds or less
