Training Bulletins

Question 0

What is the IPA and what protection does it allow?

Answer 0

Incapacitated Persons Act - Allows medical personnel to force medical attention on patients who for whatever reason (intoxicated, mental or physical state of being) appear to be unable to make an informed decision concerning their own medical treatment. The IPA offers immunity from all liability in these situations.

Question 1

What are the two original charges that allows officers to make a non-view arrest for a violation of pre trial release?

Answer 1

Domestic Violence and Dating Violence - In any other circumstance for violations of pretrial release the officer must contact the pretrial release personnel in order to revoke the offenders pretrial release status

Question 2

When are police officers covered under the IPA?

Answer 2

Police officers must receive directions only from a physician (OFD’s medical director or an ER/treating physician) To restrain patients who refuse medical attention in order to be covered pursuant to the IPA.

Question 3

Are officers allowed to use any force necessary to subdue an incapacitated person?

Answer 3

No- Only reasonable force shall be utilized in order to subdue an incapacitated person for medical treatment. unreasonable force is not protected under the statute. Officers should use their best judgment to determine the reasonable force necessary to restrain a patient when no crime has occurred and is being detained only for the purpose of medical examination or treatment

Question 4

What is a gratuitous guest?

Answer 4

One who occupies and uses certain premises for some indefinite period of time without being a party to a written or oral rental agreement and without making certain identifiable or periodic payments in exchange for the right to occupy those premises.

Question 5

When can I gratuitous guest be removed from property?

Answer 5

A gratuitous guest can be removed from the premises or property for any reason and with police assistance if necessary, at the request of the owner or possessor (tenant) of the premises.

Question 6

Are recovery agents allowed to carry a weapon or firearm while performing a recovery if licensed to carry a concealed weapon or firearm in the state?

Answer 6

No- a recovery agent who is licensed by the state of Florida to perform repossessions may not carry a concealed weapon or firearm under any circumstance while on private property performing repossessions.

Question 7

In regards to the fourth amendment what is a search?

Answer 7

Any meaningful interference with a privacy or property interest

Question 8

In regards the fourth amendment what is a seizure?

Answer 8

The seizure occurs when the government takes possession of a person or property

Question 9

What is the level of suspicion required to justify a governmental intrusion of an area or interest protected by the fourth amendment?

Answer 9

Probable cause

Question 10

What is the definition of probable cause?

Answer 10

Probable cause has no absolute definition. It is a common sense determination based on the totality of the circumstances known at the time that lead a reasonable officer to believe that an offense has been, or is being, committed, or that contraband is in a place to be searched. Probable cause is a conclusion based on identifiable facts and evidence.

Question 11

Regarding drug Warrants how many days does an officer have to obtain a warrant prior to the probable cause being considered stale?

Answer 11

30 days

Question 12

When can officers resort to forced entry when serving a search warrant?

Answer 12

Only after denied entry or if other exigencies are present at the time of entry. No knock entries are justified only where there is reasonable suspicion to believe that knocking and announcing the police presence and purpose would be dangerous or futile.

Question 13

True or false. The placing of items into a dumpster without the owner’s consent is a theft of sanitation services and therefore is a violation of “theft” as provided in Florida State statutes

Answer 13

True

Question 14

Is it theft of sanitation services if items such as mattresses etc. are placed next to a dumpster?

Answer 14

No. It’s required that the items are placed in the dumpster. However, charging the offending person with littering is appropriate.

Note: Violation of city ordinance 43.75 requires the officer to notify the offender that they are in violation of the ordinance if they do not properly dispose of the items. If they then refuse to remove the items, they may be arrested or issued an NTA. Florida statutes 403.413 (4) prohibits dumping and provides for the arrest of the person if the amount of litter exceeds 15 pounds or 27 cubic feet

Question 15

Is it an arrestable offense for skateboarding on city streets or roadways?

Answer 15

No. City ordinance 43.73(2)(a) prohibiting skateboarding on streets by arrest is no longer imposable. A person skateboarding on a street or roadway should be issued a uniform traffic citation for violating Florida statute 316.2065 (12)

Question 16

A person skateboarding on public property owned by the city (E. G., City sidewalks, City Hall, OPH, city parks, etc.) or other governmental entity (E.G., Orange county courthouse) may be issued an NTA or arrested For violating 43.73 (2) (a), Orlando city code. (T/F)

Answer 16

True

Question 17

Can a person skiboarding on private property without the owner’s consent be issued and NTA or arrested for violating 43.73 (2)(B) Orlando city code?

Answer 17

Yes. This prohibition applies to all private property located within the city limits, as well as downtown Orlando. An NTA should be issued in lieu of arrest absent extenuating circumstances

Question 18

Can juveniles found violating 43.73, Orlando city code be issued NTA’s?

Answer 18

No. Prior to transporting a juvenile arrested for a skateboarding violation to the juvenile assessment Center, an officer may attempt to contact the juvenile’s parent\guardian. If they were available or willing to pick up the juvenile from the scene a juvenile release agreement may be filled out at the scene. If the parent or guardian is unwilling or unavailable to pick up the juvenile from the scene, the juvenile should be transported to the JAC where a release agreement may still be completed if contact is made with parent or guardian.

Question 19

What is the definition of a business whose principle business is the sale of alcoholic beverages?

Answer 19

Any business whose gross sales of alcoholic beverages compromises 51% or more of the total gross sales of food, nonalcoholic beverages and alcoholic beverages for on premises consumption during normal business hours

Question 20

True or false? Package sales are permitted on licensed premises between 7 AM and 2 AM the following day Monday through Saturday. Package sales are permitted on Sundays between noon and midnight.

Answer 20

True

Question 21

Do the same statute restrictions on commercial establishments whose primary purpose is the sale of alcoholic beverages apply to themepark complex or an entertainment\resort complex?

Answer 21

No.

Question 22

What are the crimes that require a victim notification form to be filled out when an arrest is made?

Answer 22

Homicide, sexual offenses, attempted murder or attempted sexual battery, stalking, domestic violence

Question 23

Whose responsibility is it to complete the victim notification form?

Answer 23

The arresting officer or the officer completing at large paperwork.

Question 24

Can a victim waive mandatory notification?

Answer 24

Yes. In these instances the victim, appropriate next of kin, or other designated contact of the victim is to sign the declination on the completed victim notification form.

Question 25

In terms of carrying concealed firearms, what are the six criteria that need to be met in order for an officer to be considered a “qualified law enforcement officer?”

Answer 25

1. Authorized by law to engage in enforcement of laws, and who has statutory arrest powers
2. Authorized by the agency to carry a firearm
3. Is not subject to any disciplinary action by the agency
4. Meets the standards required to regularly qualify in use of a firearm
5. Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance
6. Is not prohibited by federal law from receiving a firearm

Question 26

What are qualified law-enforcement officers required to carry while in possession of a concealed firearm?

Answer 26

Picture identification that has been issued by the governmental agency for which the individual is employed as a law-enforcement officer

Question 27

What is a qualified retired law-enforcement officer?

Answer 27

1. Retired in good standing from service with a public agency as a law-enforcement officer, other than for reasons of mental instability
2. Before such retirement, was authorized by law to engage in or supervise the enforcement of the violation of any laws and had statutory powers to arrest
3. Before such retirement, was regularly employed as a law-enforcement officer: a. For an aggregate of 15 years or more; or b. Retired from service with the agency, after completing any applicable probationary period of service, due to a service connected disability, as determined by the agency
4. As a nonfirfeitable right to benefits under the retirement plan of the agency
5. During the past 12 month period, hazmat, at their own expense, the state standards for training and qualification for active law-enforcement officers to carry firearms
6. Is not under the influence about call or another intoxicating or hallucinatory drug or substance
7. Is not prohibited by federal law from receiving a firearm

Question 28

What must a qualified retirement law-enforcement officer carry with them?

Answer 28

1. Photo identification issued by the agency from which the individual retired that indicates that the individual has within the last 12 months been tested or otherwise found by the agency to meet standards established by the agency for training qualification for active officers to carry a firearm of the same type as the concealed firearm; or
2. Photo identification that is issued by the agency from which the individual retired as a law-enforcement officer and certifications issued by the state in which the individual resides that indicates the individual has within the last 12 months been tested or otherwise found by the state to meet the standards established by the state for training in qualification for active officers to carry a firearm of the same type as a concealed firearm

Question 29

True or false. Retired or active law-enforcement officers are permitted to carry a machine gun, firearm silencer, or any destructive device such as an explosive or incendiary device.

Answer 29

False

Question 30

True or false. Florida law does not authorize officers to ticket drivers who flash their headlamps to warn other motorists of nearby traffic enforcement operations.

Answer 30

True

Question 31

If the maximum tow rate for class A vehicles is $100 what would be the drop fee?

Answer 31

$50. The drop fee is one half the maximum rate allowed.

Question 32

What are the maximum fees per 24 hour period allowed for immobilization/booting of all vehicle classes?

Answer 32

$22 per 24 hour period or $11 for the drop fee

Question 33

In regards to towing, how long does a company have to notify OPD when any tow or immobilization has been completed?

Answer 33

30 minutes

Question 34

True or false. A person can be convicted for DUI with serious bodily injury if the driver was the only one injured.

Answer 34

False

Question 35

Who is authorized to issue a trespass warning at OPH?

Answer 35

Only a watch commander or the chief of police may issue a trespass warning at OPH

Question 36

When City Hall is not open for business who can authorize officers to issue trespass warnings?

Answer 36

A watch commander

Question 37

What circumstances allow an officer to issue a trespass warning at City Hall?

Answer 37

1. Persons who have specifically been prohibited from coming into City Hall by an authorized agent of the city of Orlando weather identified in person, by name, or by photograph;
2. Two person to commit a violation of a state statute or municipal ordinance while at City Hall;
3. To persons whom the officer has a legal right to detain pursuant to a Terry stop and who do not dispel the officers suspicions

Question 38

When can a person that has been trespassed from a city park or park facility reenter?

Answer 38

Only for the purpose of engaging in First Amendment activities so long as an agent of the city of Orlando parks and special facilities bureau is first notified