Statutes Flashcards
Drivers involved in crash with injuries must ______ for the other drivers involved and provide the required information for investigation? Failure to do so is a ________.
Render aid/or seek aid from qualified individuals
Non-Moving Violation
Upon striking an unoccupied vehicle the driver must do what? He must then go directly and notify the nearest police officer.
Provide the driver’s name, address and registration number for the vehicle and place it on the vehicle in a conspicuous place.
Whenever the driver is physically incapable of making a written report of a crash as required (medical incapacitation/transport, etc.) the owner of the vehicle involved in the crash shall, within how many days after the crash, make such report not made by the driver.
Within 10 days
As part of sentencing, suspects convicted of hit and run crashes may be required serve ______ hours or community service where?
120 hour in a Trauma Center
The driver of a vehicle involved in a crash resulting in _______ or _______ of any persons or damage to any vehicle or other property in an apparent amount ______ shall immediately by the quickest means notify police of the crash.
Injury or Death
At least $500
Any person in charge of a garage or repair shop to which any motor vehicle is brought which shows evidence of having been struck by a bullet shall make a report within how long after the motor vehicle is received and before any repairs are made to the vehicle.
within 24 hours
Any person convicted of racing shall have hi/her DL suspended how long?
First Offense?
Second Offense within 5 years?
Third Offense within 5 years?
- DL suspended for 1 year
- DL suspended 2 years
- DL suspended 4 years
Any vehicle used for racing, may be impounded for how long if the driver is the owner or co-owner of the vehicle.
30 business days
Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of what?
Reckless driving
Fleeing an officer in a motor vehicle is reckless driving and punishable upon a first conviction, by imprisonment for a period of how long and a fine of how much?
Second Conviction?
First - Jail not more than 90 days Fine of between $25 and $500 or Both Second - Jail not more than 6 months Fine between $50 and$1,000 or Both
DUI Penalty for first conviction?
Jail not more than 6 months, and a fine of not less than $500 or more than $1,000.
DUI Penalty for second conviction?
Jail not more than 9 months, and a fine of not less than $1,000 or more than $2,000. Mandatory placement of ignition interlock device for 1 year.
DUI Penalty for third conviction within 10 years?
More than 10 years?
Felony of the 3rd degree. Mandatory placement of ignition interlock device for 2 years.
Jail not more than 5 years,
Fine between $2,000 and $5,000. Mandatory placement of ignition interlock device for on 2 years.
A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of how long?
4 years
Who can draw blood for the purpose of determining its alcoholic content or the presence of chemical substances or controlled substances therein in a DUI investigation?
Physician,
Certified Paramedic,
Registered Nurse or LPN,
other personnel authorized by a hospital to draw blood, Duly licensed clinical laboratory director, supervisor, technologist, or technician, acting at the request of a law enforcement officer
If a DUI blood draw was not requested by an officer but blood was drawn by proper medical professionals, can the results of the blood draw be admitted to court?
Yes
Blood/Breath-alcohol level of .05 or less presumes that a person is what?
Not under the influence of Alcohol to the extent his/her faculties are impaired
Blood/Breath-alcohol level between .05 and .08 can be used in conjunction with other competent evidence in determining whether or not what?
the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
What is considered prima facie evidence that a person is under the influence of alcohol to the extent his normal faculties were impaired.
Blood/Breath-alcohol level of .08 or higher
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, at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property is guilty of what?
Aggravated Fleeing and Attempting to Elude
Suspects who are convicted of aggravated fleeing and attempting to elude which causes serious bodily injury or death to another person, including any law enforcement officer involved in the pursuit, shall serve a mandatory minimum sentence of how long? How long will his/her license be suspended?
3 years
over 1 year but less than 5 years
According to state statutes, what type of alcoholic beverage (when stored properly) is not considered to be an open container?
a resealed wine bottle
Refusal to submit to blood or breath test shall result in an operator’s privilege to operate a motor vehicle being suspended for a period of how long for the first offense? Second offense?
First - 1 year
Second - 18 months
Riders of bicycles who carry children under how many years or how many pounds must have them in an approved seat.
4 years old or 40 lbs
Bicycle riders under what age are required to wear a helmet?
16 years old
Bicycle operators after dark must have a white light visible from how far in front and a red light/reflector visible from how far in back?
Head light visible from 500 feet
Red tail light visible from 600 feet
No person (except LEO) shall drive, move or cause to be moved a vehicle on the roadway with a light or device displaying a red or blue light visible from where?
Directly in front of the vehicle
Every vehicle shall have a fixed upright windshield with no covering on it and working windshield wipers except what type of vehicle which are exempt
Old Military vehicles
Front window tint must have at least what percentage in the visible light range?
28%
Rear window tint must have at least what percentage in the visible light range?
15%
Multipurpose vehicles may tint with a percentage of visible light range of what?
6%
Child restraint devices must be used for children under what age? Children under 3 must be in what?
5 years old
a separate carrier or vehicle integrated child seat
4 & 5 can be in a booster seat
Who is responsible for the compliance of child restraint device laws?
the driver
Child restraint devices are not required in what type of vehicles?
Chauffeur-driven taxi, limousine, sedan, van, bus, motor coach, or other passenger vehicle if the operator and the motor vehicle are hired and used for the transportation of persons for compensation.
A parent, legal guardian, or other person responsible for a child younger than 6 years of age may not leave the child unattended or unsupervised in a motor vehicle under what conditions?
- 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 law enforcement officer who observes a child left unattended or unsupervised in a motor vehicle may __________ to protect the minor child and to remove the child from the vehicle.
use whatever means are reasonably necessary
Who is required to wear a seat belt/child restraint device while a vehicle is being operated?
All passengers under 18 must be in seat belt or child restraint device.
Driver must be wearing seat belt.
Front Seat passengers must wear seat belt.
When do vehicle/motor home registrations expire?
midnight on the owner’s birthday
Vehicle registration expired less than 6 months, first offense is what type violation?
More than 6 months?
More than 6 months, second or subsequent offense?
Non-Moving Violation
Required court appearance
Second Degree Misdemeanor
Prior to issuing a driver license, the department shall require any person who has been convicted two or more times for DUI 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 show proof of what?
Successful completion of or enrollment in a department-approved substance abuse education course.
When a minor (child under 16) is accidentally shot by another family member, no arrest will be made in the case for how long?
7 days after the shooting
Any time a valid driver’s license is not presented the officer must do what on any citations?
get a fingerprint
DWLS Habitual Offender is what degree offense?
Third Degree Felony
Can force be threatened or used against trespassers on property other than a dwelling or personal property?
Yes
Attaching tag not assigned is what degree offense?
Second degree Misdemeanor
If license is suspended under “Financial Responsibility” and the owner is the operator the officer shall impound the vehicle. The owner and all parties with a stake in the vehicle (lien holder, etc.) shall be notified how within how many days?
certified letter
within 7 days
When in committing battery intentionally or knowingly causes great bodily harm, permanent disability, permanent disfigurement, uses a deadly weapon, or the victim was pregnant.
Aggravated Battery
No person shall cause or knowingly permit his or her child or ward under the age of _______ to drive a motor vehicle upon any highway when such minor is not licensed.
18 years
Any person who allows an unlicensed driver to operate his/her motor vehicle commits what degree offense?
Second degree Misdemeanor
If a person knowingly loans his/her 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’s license of the person violating the section will be suspended how long?
1 year
A person is justified in using or threatening to use force, except deadly force, against another when the person reasonably believes that such conduct is necessary to defend himself or herself or another against what?
The imminent use of unlawful force.
There is no duty to retreat
A person is presumed to have a reasonable fear of imminent peril of death or great bodily harm to himself or another and may use force, including deadly force, against another if the suspect was in the process of what?
- Burglary to a dwelling, residence, or occupied vehicle, or
- The person had kidnapped or was attempting to kidnap an individual from inside the dwelling, residence, or occupied vehicle.
A person is justified in using or threatening to use deadly force if he reasonably believes that it is necessary to prevent the imminent commission of what?
A forcible felony
A person involved in the threat or use of deadly force accordingly does not have a duty to retreat and has the right to stand his ground if not engaged in a criminal activity and is in a place where he has a right to be.
A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, is justified in the use of any force under what 3 circumstances?
- When he/she believes is necessary to defend himself or another from bodily harm while making the arrest;
- When retaking felons who have escaped; or
- In arresting felons fleeing from justice.
The use or threatened to use force, against another person is justified, if the person reasonably believes that such conduct is necessary to defend himself or herself or another against the imminent use of unlawful force unless the person using for is what?
Engaged in a criminal activity or is using the dwelling, residence, or occupied vehicle to further a criminal activity.
A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, is not justified in the use of force if the arrest or execution of a legal duty is what?
Unlawful and known by him or her to be unlawful.
A law enforcement officer or other person who has an arrested person in his or her custody is justified in the use of _________ to prevent the escape of the arrested person from custody.
any force which he or she reasonably believes to be necessary
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.
Forcible Felony
The accused, after having been found justified in the use of force, shall have the right to have the record _______.
Expunged
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.
Assault
What degree offense is assault?
Second Degree Misdemeanor
An assault with a deadly weapon without intent to kill or with an intent to commit a felony.
Aggravated Assault
Aggravated Assault is what degree offense?
Third Degree Felony
Actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person.
Battery
Battery is what degree offense?
First Degree Misdemeanor
A person who has one prior battery conviction and commits a subsequent battery is guilty of what degree offense?
Third Degree Felony
Actually and intentionally touches or strikes another person and causes great bodily harm, permanent disability, or permanent disfigurement.
Felony Battery
Felony Battery is what degree offense?
Third Degree Felony
Strangulation of a family or household member or of a person with whom he or she is in a dating relationship.
Domestic Battery by Strangulation
Domestic Battery by Strangulation is what degree offense?
Third Degree Felony
Aggravated Battery is what degree offense?
Second Degree Felony
Repeat violence is _____ incidents of violence or stalking committed by the respondent, one of which must have been within ________ of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.
2
6 months
Sexual Violence includes what offenses?
- Sexual battery
- A lewd or lascivious act committed upon or in the presence of a person younger than 16 years of age;
- Luring or enticing a child
- Sexual performance by a child; or
- Any other forcible felony wherein a sexual act is committed or attempted.
Dating violence includes violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. What characteristics must be present to be considered dating violence?
- The relationship must have existed within the past 6 months;
- Relationship characterized by the expectation of affection or sexual involvement between the parties;
- 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.
Violation of an Injunction for protection is what degree offense?
First Degree Misdemeanor
Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, which is what degree offense?
First Degree Misdemeanor
Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person, and makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury of the person, or the person’s child, sibling, spouse, parent, or dependent commits what?
Aggravated Stalking
Aggravated Stalking is what degree offense?
Third Degree Felony
Willfully, maliciously, or repeatedly following, harassing, or cyberstalking of a minor under 16 years of age?
Aggravated Stalking
Whoever violates the law by storing or leaving a loaded firearm within the reach or easy access of a minor (under 16 years old) and that minor obtains the firearm and uses it to inflict injury or death upon himself or any other person minor, the owner of the firearm commits what? What degree offense?
Culpable Negligence
Third Degree Felony
Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft is guilty of what degree offense?
Third Degree Felony
Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft and such act results in bodily injury is guilty of what degree offense?
Second Degree Felony
Offenses related to assault, battery, aggravated assault and aggravated battery shall be reclassified one category higher for which people?
Law Enforcement Officers, Firefighter, EMT, Emergency Medical Care Provider, Juvenile Probation Officer, School Official, Sports Official, Code Inspector, while in the course of their employment
Whoever, wantonly or maliciously, shoots at, within, or into, or throws any missile or hurls or projects a stone or other hard substance which would produce death or great bodily harm, at, within, or in any public or private building, occupied or unoccupied, or public or private bus or any train, locomotive, railway car, caboose, cable railway car, street railway car, monorail car, or vehicle of any kind which is being used or occupied by any person, or any boat, vessel, ship, or barge lying in or plying the waters of this state, or aircraft flying through the airspace is guilty of what degree offense?
Second Degree Felony
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 what degree offense?
Third degree Felony
A motor vehicle that is driven by a person under the influence of alcohol or drugs (DUI) is subject to seizure and forfeiture and is subject to liens for recovering, towing, or storing vehicles, if at the time of the offense, the person’s driver license is suspended, revoked, or canceled as a result of what?
DUI
Law Enforcement officers killed, seriously injured or assaulted with a deadly weapon; or missing in the line of duty can have what broadcast in reference to the suspects involved in the incident?
Blue Alert
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. A person who does such is guilty of what degree offense?
Third Degree Felony
A person who is convicted of an aggravated assault or aggravated battery upon a person 65 years of age or older shall be sentenced to a minimum prison term of how long and perform up to how many hours of community service work?
3 years
500 hours
How long are concealed weapons permits valid for?
7 years from the date of issuance
It is unlawful for any person, except a child, to knowingly cause or attempt to cause a child to come into contact with blood, seminal fluid, or urine or feces by throwing, tossing, projecting, or expelling such fluid or material. Any person, except a child as defined in this section, who violates this section commits what?
What degree offense?
Battery of a Child
Third Degree Felony
All persons holding active certifications from the Criminal Justice Standards and Training Commission as law enforcement officers or correctional officers shall have the right to carry concealed firearms, during off-duty hours, at the discretion of who?
Their Supervisors
Who is authorized to issue Concealed Weapons Permits in Florida?
Department of Agriculture and Consumer Services
Video Voyeurism is what degree offense when the offender is under 19 years old? Over 19 years old?
Previous conviction?
Under 19 - First Degree Misdemeanor
Over 19- Third Degree Felony
Previous Conviction - Second Degree Felony
How old must an individual be to obtain a concealed weapons permit?
21 years old or older
Concealed weapons permits will not be issued to a person who has a drug crime conviction within how many years prior to the application?
3 years
How long does a concealed weapons holder have to report change of address?
30 days
Where are concealed weapons permit holders not authorized to carry firearms?
Police stations, jails, courtrooms/courthouses, polling place, schools (elementary, middle, high school, college) or school related functions, establishments where a primary portion of the business is devoted to serving alcohol, airport sterile areas.
Discharge of a firearm in a public place, roadway, residential area, is what degree offense?
First Degree Misdemeanor
With respect to trespassing, signs on “Posted Land” must have lettering not less than how large?
2”
With respect to trespassing, signs on “posted land” must be posted where and no more than how far apart?
at each corner and no more than 500 feet apart
With respect to trespassing, “fenced land” must have a fence which stands at least how high?
3 feet
Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter. - or - Remaining in a dwelling, structure, or conveyance surreptitiously, with the intent to commit an offense therein; after permission to remain therein has been withdrawn, with the intent to commit an offense therein
Burglary
Burglary is a what degree offense?
Third Degree Felony
Video Voyeurism when a person who is:
1. Eighteen years of age or older who is responsible for the welfare of a child younger than 16 years of age, regardless of whether the person knows or has reason to know the age of the child, and who commits an offense under this section against that child
2. Eighteen years of age or older who is employed at a private school as defined in s. 1002.01; a school as defined in s. 1003.01; or a voluntary prekindergarten education program as described in s. 1002.53(3)(a), (b), or (c) and who commits an offense under this section against a student of the private school, school, or voluntary prekindergarten education program
3. Twenty-four years of age or older who commits an offense under this section against a child younger than 16 years of age, regardless of whether the person knows or has reason to know the age of the child,
is what degree offense?
Second Degree Felony
It is unlawful for a person to use in or on any non-governmentally owned vehicle or vessel any flashing or rotating _______ unless such person is a law enforcement officer employed by a federal, state, county, or city law enforcement agency
blue lights
Trespass in a structure or conveyance is what degree offense?
If occupied?
If suspect is armed?
Property other than a structure or conveyance?
Second Degree Misdemeanor
First Degree Misdemeanor
Third Degree Felony
First Degree Misdemeanor
Trespassing on a marked construction site, horticulture site, Domestic Violence Center, Agricultural Chemical Site is what degree offense?
Third Degree Felony
During the period from ________ to the start of a school session until _________ the conclusion of a school session, it is unlawful for any person to enter the premises or trespass within a school safety zone or to remain on such premises or within such school safety zone when that person does not have legitimate business in the school safety zone or any other authorization, license, or invitation to enter or remain in the school safety zone.
1 hour prior
1 hour after
Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the person ____________, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object.
takes flight upon appearance of a law enforcement officer
Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the laws or municipal ordinances, the officer may temporarily detain such person for the purpose of ascertaining ___________ which led the officer to believe that the person had committed, was committing, or was about to commit a criminal offense.
the identity of the person and the circumstances surrounding the person’s presence
When a person, with lewd, lascivious, or indecent intent, secretly observes another person when the other person is located in a dwelling, structure, or conveyance and such location provides a reasonable expectation of privacy. What degree offense is this? Previous conviction?
Voyeurism
First Degree Misdemeanor
Third Degree Felony
If an individual breaks or causes a gap in a fence containing animals he is guilty of what degree offense?
Third Degree Felony
Open House parties in which a violation causes or contributes to causing serious bodily injury, or death to the minor, or if the minor causes or contributes to causing serious bodily injury or death to another as a result of the minor’s consumption of alcohol or drugs at the open house party is what degree offense?
First Degree Misdemeanor
Resisting without Violence is what degree offense?
First Degree Misdemeanor
Concealed weapons are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie. The term does not include what?
A machine gun
No person shall be temporarily detained under the provisions of subsection (2) longer than is reasonably necessary to effect the purposes of that subsection. Such temporary detention shall not extend ___________.
beyond the place where it was first effected or the immediate vicinity thereof.
It is unlawful for any person to deprive a law enforcement officer, a correctional officer, or a correctional probation officer of her or his weapon or radio or to otherwise deprive the officer of the means to defend herself or himself or summon assistance. What degree offense is this?
Third Degree Felony
Any duly authorized state, county, or municipal arresting officer is authorized to arrest a person outside the officer’s jurisdiction when in ________.
fresh pursuit
If a hunter, in the course of hunting, fires any potentially lethal projectile over or across private land without authorization commits trespass. He is guilty of what degree offense?
Third Degree Felony
False personation of a Law Enforcement Officer during the commission of a Felony is what degree offense?
Second Degree Felony
It is unlawful for any person to wear, sell, possess, transfer, display a Law Enforcement badge by a non-LEO. Agencies involved in sale/transfer of badges to LEO must maintain a written record of such transaction for how long?
2 years
Violation of a “School Safety Zone” is what degree offense?
If the violator is a gang member or associate?
Second Degree Misdemeanor
First Degree Misdemeanor
It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not _________, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.
usual for law-abiding individuals
If an arrest is made in this state by an officer outside the county within which his or her jurisdiction lies, the officer shall immediately notify _________, who along with the officer making the arrest, will take the arrested person before a trial court judge of the county in which the arrest was made without unnecessary delay.
the officer in charge of the jurisdiction in which the arrest is made
Individuals who have ________ or more convictions in a 12 month period for public intoxication shall be deemed a habitual offender and may be committed by the court to an appropriate treatment resource for a period of not more than 60 days.
3 or more
It is unlawful for any person to deprive a law enforcement officer, a correctional officer, or a correctional probation officer of what?
his/her weapon or radio or to otherwise deprive the officer of the means to defend herself or himself or summon assistance
A person having control of any residence may not allow an open house party to take place at the residence if any alcoholic beverage or drug is possessed or consumed at the residence by any minor where the person knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at the residence and where the person ________________.
fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug
False personation of a Law Enforcement Officer during the commission of a Felony in which the commission of the felony results in the death or personal injury of another human being is what degree offense?
First Degree Felony
The term “school safety zone” means in, on, or within ______ feet of any real property owned by or leased to any public or private elementary, middle, or high school or school board and used for elementary, middle, or high school education.
500
Resisting with Violence is what degree offense?
Third Degree Felony
Unless flight by the person or other circumstance makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity___________ which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct.
to dispel any alarm or immediate concern
Unlawful Assembly is if how many persons meet together to commit a breach of the peace, or to do any other unlawful act.
three or more
A lewd or lascivious act committed upon or in the presence of a person younger than ____ years of age is considered sexual violence.
16 years of age
