Flashcards in City Ordinances, F.S.S, Bill of Rights Deck (56)
Alcoholic beverages by the package, other than packaged beer and unfortified wine. No beverage licensee, or employee or agent of such licensee, permitted under state law to sell alcoholic beverages by the package, bottle or original container shall sell, offer for sale, serve or deliver such a product (other than packaged beer and unfortified wine) for consumption either on or off the premises during the following hours (time is local time):
11:00 p.m. to 7:00 a.m. the following day, all days.
All other alcoholic beverages. No beverage licensee, or employee or agent of such licensee, shall sell, offer for sale, serve, or permit to be sold or served or consumed, any alcoholic beverage not regulated under subsection (a) in a place operating under the beverage license, for consumption either on or off the premises, during the following hours (time is local time):
2:00 a.m. to 7:00 a.m., all days
No sale of alcoholic beverages shall be made where the place of business is within how many feet of a public or a private school, duly accredited and offering any of the grades from kindergarten through the 12th grade
How should the measurement from a place a business selling alcohol to a school be done?
measurements shall be by a straight line from the main entrance of the building of the licensed premises of the applicant to the nearest part of the school grounds normally and regularly used in connection with the school program
City-owned property. It shall be unlawful for any person to sell, dispense, possess or consume any alcoholic beverages on any property owned by the city, except as follows:
At the airport terminal facility and the municipal golf course facility, Within the rental event space at the Thomas Center, the Thelma Bolton Center, Boulware Springs, and the Senior Recreation Center,, During a special event produced by the city, , On property that is leased to a private party pursuant to the city's real estate policy, if the sale, dispensing, possession and consumption of alcoholic beverages is expressly allowed under the terms of the lease agreement.
It shall be unlawful for any person to sell, distribute, consume or possess any alcoholic beverage in any open container on any city or other public right-of-way, including without limitation, streets, thoroughfares, highways or sidewalks, except as follows:
Within a sidewalk café that is licensed in accordance with the city's Land Development Code., At an outdoor event, within the downtown district as shown in Figure 1, pursuant to an alcohol event permit.(downtown district)
How many alcohol event permits may be issued per calendar year per applicant. However, one alcohol event permit may include all of the University of Florida home football games for the school year.
What amendment states "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
Amendment 1 (Right to Free Speech)
What amendment states "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."
Amendment 2 (Right to Bear Arms)
What amendment states "No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law."
Amendment 3 (Housing of Soldiers)
What amendment states"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Amendment 4 (Protection from Unreasonable Searches and Seizures)
What amendment states"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
Amendment 5 (Protection of Rights to Life, Liberty, and Property)
What amendment states "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."
Amendment 6 (Rights of Accused Persons in Criminal Cases)
What amendment states "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law."
Amendment 7 (Rights in Civil Cases)
What amendment states "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
Amendment 8 (Excessive Bail, Fines, and Punishments Forbidden)
What amendment states "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
Amendment 9 (Other Rights Kept by People)
What amendment states "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
Amendment 10 (Undelegated Powers Kept by the States and the People)
If an individual obeys all of your commands and offers not resistance can an individual be arrested for Resisting or Opposing a LEO without violence for refusing to tell you who he/she is during a terry stop?
A person who is stopped as a result of a terry stop is not obliged to answer questions, answers cannot be compelled, and refusal to answer furnishes no basis for an arrest. True or False
Can an officer stop a motorist for no other reason than to determine if he or she is driving with a suspended license?
No the stop is unlawful which means post stop observations must be supressed
Can a licensee present or submit digital proof of a driver's license in lieu of a physical driver's license?
If a driver cannot provide his/her DL he or she is required to imprint his/her fingerprint upon the citation or the officer can collect fingerprints electronically. True or False
Failure to include exculpatory evidence in an arrest or search warrant can lead to what?
suppression of any evidence gathered as a result of search warrant or arrest, dismissal of charges, and potential civil liability for the officer and the department
Are there specific words an accused must say in order to invoke their right to counsel?
No, there are no magic words at a minimum some statement that can reasonable be construed to be an expression of a desire for assistance of an attorney is sufficient invocation of rights to require cessation of further interrogation
Who is required to operate a prearrest diversion program?
State attorney of each circuit
Who must participate in a prearrest diversion program?
PD, SAO, Clerk of the COurt, LEO
Is there an exemption from public records requirements for the address of a victim of an incident of mass violence?
This law authorizes retired LEO to be reemployed as SROs, authorized LEO who are serving an exparte order to seize and hold a firearm or any ammunition a person possesses at the time the person is taken into custody if the person poses a danger to himself or others AND has made a credible threat of violence against another person, and prohibits a person who has been adjudicated mentally defective or been committed to a mental institution from owning or possessing a firearm until certain relief is obtained.
The Marjory Stoneman Douglas High School Public Safety Act
If a person does not voluntary turn over their weapons when being baker acted what can a LEO enforcement officer complete to legally take the weapons?
a risk protection order