STATE STAUTES 2019 Flashcards by Shawn Burns

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.

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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.

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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.

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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

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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.

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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

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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

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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

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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.

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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.

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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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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

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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.

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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.

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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.

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316. 027 Crash involving death or personal injuries 1. 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? 2. Serious injury? 3. Death?

1. a felony of the third degree 2. a felony of the second degree 3. 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

316. 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.

316. 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.

316. 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?

2. make or cause to be made the report not made by the driver. 3. 10 days 4. noncriminal traffic infraction, punishable as a nonmoving violation

316. 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?

1. $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.

316. 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?

1. 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 2. 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 3. 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

0. 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

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.

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:

1. Impeding, hindering, stifling, retarding, or restraining traffic or passage thereon; 2. Standing on or remaining in the street, highway, or road; or 3. 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

316.2065 Bicycle regulations A bicycle rider or passenger who is under_____years of age must wear a bicycle helmet that is properly fitted and is fastened securely upon the passenger’s head by a strap and that meets the federal safety standard for bicycle helmets, final rule, 16 C.F.R. part 1203. As used in this subsection, the term “passenger” includes a child who is riding in a trailer or semitrailer attached to a bicycle.

16 years

316.2065 Bicycle regulations A person operating a bicycle upon a one-way highway with two or more marked traffic lanes may ride as near the______curb or edge of such roadway as practicable

left-hand

316.2065 Bicycle regulations When stopping at a stop sign, persons riding bicycles in groups, after coming to a full stop and obeying all traffic laws, may proceed through the stop sign in a group of _____or fewer at a time. Motor vehicle operators must allow one such group to travel through the intersection before moving forward

316.2065 Bicycle regulations Every bicycle in use between sunset and sunrise shall be equipped with a lamp on the front exhibiting a white light visible from a distance of at least ____ feet to the front and a lamp and reflector on the rear each exhibiting a red light visible from a distance of ____feet to the rear.

500 feet 600 feet

316.2065 Bicycle regulations Every bicycle shall be equipped with a brake or brakes which will enable its rider to stop the bicycle within ____feet from a speed of____miles per hour on dry, level, clean pavement

25 feet 10 miles per hour

316.2065 Bicycle regulations A person who violates this section commits?

a noncriminal traffic infraction, punishable as a pedestrian However, a law enforcement officer may not issue citations to persons on private property, except any part thereof which is open to the use of the public for purposes of vehicular traffic.

316.2074 All-terrain vehicles As used in this section, the term “all-terrain vehicle” means any motorized off-highway vehicle____inches or less in width which has a dry weight of_____pounds or less, is designed to travel on three or more nonhighway tires, and is manufactured for recreational use by one or more persons. For the purposes of this section, “all-terrain vehicle” also includes a “two-rider ATV”

55 inches or less 1500 pounds or less

316.2074 All-terrain vehicles An all-terrain vehicle having four wheels may be used by police officers on public beaches designated as public roadways for the purpose of enforcing the traffic laws of the state. All-terrain vehicles may also be used by the police to travel on public roadways within____miles of beach access only when getting to and from the beach. An all-terrain vehicle having four wheels may be used by law enforcement officers on public roads within public lands while in the course and scope of their duties.

5 miles

316.2074 All-terrain vehicles No person under_____years of age shall operate, ride, or be otherwise propelled on an all-terrain vehicle unless the person wears a safety helmet meeting United States Department of Transportation standards and eye protection.

16 years

316.2074 All-terrain vehicles If a crash results in the death of any person or in the injury of any person which results in______of the person by a physician, the operator of each all-terrain vehicle involved in the crash shall give notice of the crash pursuant to s. 316.066.

treatment

316.2074 All-terrain vehicles A violation of this section is a:

noncriminal traffic infraction, punishable as a nonmoving violation

316.2397 Certain lights prohibited; exceptions A person may not drive or move or cause to be moved any vehicle or equipment upon any highway within this state with any lamp or device thereon showing or displaying a________light visible from directly in front thereof except for certain vehicles provided in this section.

red, red and white, or blue

316.2397 Certain lights prohibited; exceptions Wreckers, mosquito control fog and spray vehicles, and emergency vehicles of governmental departments or public service corporations may show or display ___lights when in actual operation or when a hazard exists provided they are not used ______ the scene of operation or hazard without specific authorization of a law enforcement officer or law enforcement agency.

amber going to and from

316.2397 Certain lights prohibited; exceptions A flatbed, car carrier, or rollback may not use amber rotating or flashing lights when hauling a vehicle on the bed unless?

it creates a hazard to other motorists because of protruding objects.

316.2397 Certain lights prohibited; exceptions Vehicles owned or leased by private security agencies may show or display green and amber lights, with either color being no greater than___percent of the lights displayed, while the security personnel are engaged in security duties on private or public property.

50 percent

316.2397 Certain lights prohibited; exceptions Road maintenance and construction equipment and vehicles may display flashing white lights or flashing white strobe lights when in operation and where a hazard exists. Construction equipment in a work zone on roadways with a posted speed limit of _____miles per hour or higher may show or display a combination of flashing green, amber, and red lights in conjunction with periods when workers are present.

55 mph

316.2397 Certain lights prohibited; exceptions School buses and vehicles that are used to transport farm workers may display?

Flashing white strobe lights

316.2397 Certain lights prohibited; exceptions A violation of this section is a?

noncriminal traffic infraction, punishable as a nonmoving violation

316.2952 Windshields; requirements; restrictions A windshield in a fixed and upright position, which windshield is equipped with safety glazing as required by federal safety-glazing material standards, is required on every motor vehicle which is operated on the public highways, roads, and streets, except on a motorcycle or

implement of husbandry

316.2952 Windshields; requirements; restrictions Grove equipment, including “goats,” “highlift-goats,” grove chemical supply tanks, fertilizer distributors, fruit-loading equipment, and electric-powered vehicles regulated under the provisions of s. 316.267, are ____from the requirements of this section.

exempt

316.2952 Windshields; requirements; restrictions A former military vehicle is exempt from the requirements of this section if the department determines that the exemption is necessary to maintain the vehicle’s accurate military design and markings. However, whenever the vehicle is operating on the public roads and highways, the operator and passengers must wear______approved by the department.

eye-protective devices

316.2952 Windshields; requirements; restrictions A violation of this section is a

noncriminal traffic infraction, punishable as a nonmoving violation

316.2953 Side windows; restrictions on sunscreening material A sunscreening material is authorized for such windows if, when applied to and tested on the glass of such windows on the specific motor vehicle, the material has a total solar reflectance of visible light of not more than 25 percent as measured on the nonfilm side and a light transmittance of at least ____percent in the visible light range.

28 A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation

316.2954 Windows behind the driver; restrictions on sunscreening material. Sunscreening material consisting of film which, when applied to and tested on the rear window glass of the specific motor vehicle, has a total solar reflectance of visible light of not more than 35 percent as measured on the nonfilm side and a light transmittance of at least _____ percent in the visible light range; however, sunscreening material which, when applied to and tested on the rear window glass of the specific motor vehicle, has a total solar reflectance of visible light of not more than 35 percent as measured on the nonfilm side and a light transmittance of at least____ percent in the visible light range may be used on multipurpose passenger vehicles.

15 6

316.2954 Windows behind the driver; restrictions on sunscreening material. Louvered materials, if the installation of the materials does not reduce driver visibility by more than ____ percent.

316.2954 Windows behind the driver; restrictions on sunscreening material. (d) Privacy drapes, curtains and blinds, provided such covering is in an open and secure position when the motor vehicle is being operated on any public highway, road, or street. (2) A person shall not operate any motor vehicle upon any public highway, road, or street, on which vehicle the rear window is composed of, covered by, or treated with any material which has the effect of making the window nontransparent, unless the vehicle is equipped with ?

side mirrors

316.2954 Windows behind the driver; restrictions on sunscreening material. A violation of this section is a

noncriminal traffic infraction, punishable as a nonmoving violation

316.29545 Window sunscreening exclusions; medical exemption; certain law enforcement vehicles, process server vehicles, and private investigative service vehicles exempt The department shall issue ______ to persons who are afflicted with Lupus, any autoimmune disease, or other medical conditions which require a limited exposure to light, which certificates shall entitle the person to whom the certificate is issued to have sunscreening material on the windshield, side windows, and windows behind the driver which is in violation

medical exemption certificates

a vehicle description with the make, model, year, vehicle identification number, medical exemption decal number issued for the vehicle, and the name of the person or persons who are the registered owners of the vehicle. A medical exemption certificate shall be nontransferable and shall become null and void upon the sale or transfer of the vehicle identified on the certificate.

316.29545 Window sunscreening exclusions; medical exemption; certain law enforcement vehicles, process server vehicles, and private investigative service vehicles exempt The department shall exempt all law enforcement vehicles used in ______operations from the window sunscreening requirements and vehicles that are owned or leased by ________ licensed under chapter 493

undercover or canine process servers certified private investigators private investigative agencies

316.613 Child restraint requirements Every operator of a motor vehicle as defined in this section, while transporting a child in a motor vehicle operated on the roadways, streets, or highways of this state, shall, if the child is___years of age or younger, provide for protection of the child by properly using a crash-tested, federally approved child restraint device

5 years

316.613 Child restraint requirements For children aged through 3 years, such restraint device must be a or a?

separate carrier or a vehicle manufacturer’s integrated child seat

316.613 Child restraint requirements For children aged 4 through 5 years, a separate carrier, an integrated child seat, or a child booster seat may be used. However, the requirement to use a child restraint device under this subparagraph does not apply when a safety belt is used as required in s. 316.614(4)(a) and the child:

a. Is being transported gratuitously by an operator who is not a member of the child’s immediate family; b. Is being transported in a medical emergency situation involving the child; or c. Has a medical condition that necessitates an exception as evidenced by appropriate documentation from a health care professional.

316.613 Child restraint requirements As used in this section, the term “motor vehicle” means a motor vehicle as defined in s. 316.003 that is operated on the roadways, streets, and highways of the state. The term does not include:

(a) A school bus as defined in s. 316.003. (b) A bus used for the transportation of persons for compensation, other than a bus regularly used to transport children to or from school, as defined in s. 316.615(1)(b), or in conjunction with school activities. (c) A farm tractor or implement of husbandry. (d) A truck having a gross vehicle weight rating of more than 26,000 pounds. (e) A motorcycle, moped, or bicycle.

316.613 Child restraint requirements Any person who violates this section commits a moving violation, punishable as provided in chapter 318 and shall have 3 points assessed against his or her driver license

a moving violation, punishable as provided in chapter 318 and shall have 3 points assessed against his or her driver license

316.613 Child restraint requirements The child restraint requirements imposed by this section do not apply to?

a 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. It is the obligation and responsibility of the parent, guardian, or other person responsible for a child’s welfare

843.085 Unlawful use of badges or other indicia of authority. It is unlawful for any person, unless appointed by the _____ pursuant to chapter 354, authorized by the appropriate agency, or displayed in a closed or mounted case as a collection or exhibit, to wear or display any authorized indicia of authority

Governor

843.085 Unlawful use of badges or other indicia of authority. with the intent to mislead or cause another person to believe that he or she is a member of that agency or is authorized to display or wear such item, or to wear or display any item that displays in any manner or combination the word or words?

“police,” “patrolman,” “agent,” “sheriff,” “deputy,” “trooper,” “highway patrol,” “commission officer,” “Wildlife Officer,” “Department of Environmental Protection officer,” “Marine Patrol Officer,” “state attorney,” “public defender,” “marshal,” “constable,” “bailiff,” or “fire department,” with the intent to mislead or cause another person to believe that he or she is a member of that agency

843.085 Unlawful use of badges or other indicia of authority. It is unlawful for a person to own or operate a motor vehicle marked or identified in any manner or combination by the word or words

“police,” “patrolman,” “sheriff,” “deputy,” “trooper,” “highway patrol,” “commission officer,” “Wildlife Officer,” “Department of Environmental Protection officer,” “Marine Patrol Officer,” “marshal,” “constable,” “bailiff,” or “fire department,” or by any lettering, marking, or insignia, or colorable imitation thereof, including, but not limited to, stars, badges, or shields, officially used to identify the vehicle as a federal, state, county, or municipal law enforcement vehicle or a vehicle used by a criminal justice agency

843.085 Unlawful use of badges or other indicia of authority. It is unlawful for a person to sell, transfer, or give away the authorized badge, or colorable imitation thereof, including miniatures, of any criminal justice agency as defined in s. 943.045, or bearing in any manner or combination the word or words

“police,” “patrolman,” “sheriff,” “deputy,” “trooper,” “highway patrol,” “commission officer,” “Wildlife Officer,” “Department of Environmental Protection officer,” “Marine Patrol Officer,” “marshal,” “constable,” “agent,” “state attorney,” “public defender,” “bailiff,” or “fire department,” with the intent to mislead or cause another person to believe that he or she is a member of that agency or is authorized to wear or display such item, except for agency purchases or upon the presentation and recordation of both a driver license and other identification showing any transferee to actually be a member of such criminal justice agency or unless the person is appointed by the Governor pursuant to chapter 354.

843.085 Unlawful use of badges or other indicia of authority. A transferor of an item covered by this subsection is required to maintain for____years a written record of such transaction, including records showing compliance with this subsection, and if such transferor is a business, it shall make such records available during normal business hours for inspection by any law enforcement agency having jurisdiction in the area where the business is located.

843.085 Unlawful use of badges or other indicia of authority. A violation of this section is a

misdemeanor of the first degree

843.17 Publishing name and address of law enforcement officer. —Any person who shall maliciously, with intent to obstruct the due execution of the law or with the intent to intimidate, hinder, or interrupt any law enforcement officer in the legal performance of his or her duties, publish or disseminate the residence address or telephone number of any law enforcement officer while designating the officer as such, without authorization of the agency which employs the officer, shall be guilty of

a misdemeanor of the first degree

843.19 Offenses against police canines, fire canines, SAR canines, or police horses Any person who intentionally and knowingly, without lawful cause or justification, causes great bodily harm, permanent disability, or death to, or uses a deadly weapon upon, a police canine, fire canine, SAR canine, or police horse commits

a felony of the second degree

843.19 Offenses against police canines, fire canines, SAR canines, or police horses Any person who actually and intentionally maliciously touches, strikes, or causes bodily harm to a police canine, fire canine, SAR canine, or police horse commits

a misdemeanor of the first degree

843.19 Offenses against police canines, fire canines, SAR canines, or police horses Any person who intentionally or knowingly maliciously harasses, teases, interferes with, or attempts to interfere with a police canine, fire canine, SAR canine, or police horse while the animal is in the performance of its duties commits

a misdemeanor of the second degree

843.23 Tampering with an electronic monitoring device It is unlawful for a person to intentionally and without authority: (a) Remove, destroy, alter, tamper with, damage, or circumvent the operation of an electronic monitoring device that must be worn or used by that person or another person pursuant to a court order or pursuant to an order by the Florida Commission on Offender Review; or (b) Request, authorize, or solicit a person to remove, destroy, alter, tamper with, damage, or circumvent the operation of an electronic monitoring device required to be worn or used pursuant to a court order or pursuant to an order by the Florida Commission on Offender Review.

A person who violates this section commits a felony of the third degree

856.011 Disorderly intoxication No person in the state shall be intoxicated and endanger the safety of another person or property, and no person in the state shall be intoxicated or drink any alcoholic beverage in a public place or in or upon any public conveyance and cause a public disturbance. Any person violating the provisions of this section shall be guilty of

a misdemeanor of the second degree

856.011 Disorderly intoxication Any person who shall have been convicted or have forfeited collateral under the provisions of subsection (1) three times in the preceding______months 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

856.011 Disorderly intoxication Any peace officer, in lieu of incarcerating an intoxicated person for violation of subsection (1), may take or send the intoxicated person to her or his home or to a public or private health facility, and the law enforcement officer may take reasonable measures to ascertain the commercial transportation used for such purposes is paid for by such person in advance. Any law enforcement officers so acting shall be considered as?

carrying out their official duty.

856.015 Open house parties “Alcoholic beverage” means distilled spirits and any beverage containing _____percent or more alcohol by volume

0.5

856.015 Open house parties 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. violations for 1st and 2nd?

Any person who violates any of the provisions of subsection (2) commits a misdemeanor of the second degree A person who violates subsection (2) a second or subsequent time commits a misdemeanor of the first degree

856.015 Open house parties If a violation of subsection (2) causes or contributes to causing serious bodily injury, as defined in s. 316.1933 (DUI), 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, the violation

is a misdemeanor of the first degree

856.021 Loitering or prowling; penalty It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is

the fact that the person takes flight upon appearance of a law enforcement officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. 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 to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct.

856.021 Loitering or prowling; penalty No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern. Any person violating the provisions of this section shall be guilty of

a misdemeanor of the second degree

856.022 Loitering or prowling by certain offenders in close proximity to children; penalty A person described in subsection (1) commits loitering and prowling by a person convicted of a sexual offense against a minor if, in committing loitering and prowling, he or she was within_____feet of a place where children were congregating

300 feet

856.022 Loitering or prowling by certain offenders in close proximity to children; penalty It is unlawful for a person described in subsection (1) to knowingly approach, contact, or communicate with a child under 18 years of age in any public park building or on real property comprising any public park or playground with the intent to engage in conduct of?

a sexual nature or to make a communication of any type with any content of a sexual nature This paragraph applies only to a person described in subsection (1) whose offense was committed on or after May 26, 2010.

856.022 Loitering or prowling by certain offenders in close proximity to children; penalty It is unlawful for a person described in subsection (1) to knowingly be present in any child care facility or school containing any students in prekindergarten through grade 12 or on real property comprising any child care facility or school containing any students in prekindergarten through grade 12 when the child care facility or school is in operation, if such person fails to

1. Provide written notification of his or her intent to be present to the school board, superintendent, principal, or child care facility owner; 2. Notify the child care facility owner or the school principal’s office when he or she arrives and departs the child care facility or school; or 3. Remain under direct supervision of a school official or designated chaperone when present in the vicinity of children. As used in this paragraph, the term “school official” means a principal, a school resource officer, a teacher or any other employee of the school, the superintendent of schools, a member of the school board, a child care facility owner, or a child care provider. (c) A person is not in violation of paragraph (b) if: 1. The child care facility or school is a voting location and the person is present for the purpose of voting during the hours designated for voting; or 2. The person is only dropping off or picking up his or her own children or grandchildren at the child care facility or school

856.022 Loitering or prowling by certain offenders in close proximity to children; penalty Any person who violates this section commits

a misdemeanor of the first degree

856.031 Arrest without warrant Any sheriff, police officer, or other law enforcement officer may arrest any suspected loiterer or prowler without a warrant in case delay in procuring one would probably enable such suspected loiterer or prowler to?

escape arrest

870.01 Affrays and riots All persons guilty of an affray shall be guilty of

a misdemeanor of the first degree

870.01 Affrays and riots All persons guilty of a riot, or of inciting or encouraging a riot, shall be guilty of

a felony of the third degree

870.02 Unlawful assemblies If_____or more persons meet together to commit a breach of the peace, or to do any other unlawful act, each of them shall be guilty of

three a misdemeanor of the second degree

870.03 Riots and routs. If any persons unlawfully assembled demolish, pull down or destroy, or begin to demolish, pull down or destroy, any dwelling house or other building, or any ship or vessel, each of them shall be guilty of

a felony of the third degree

901.15 When arrest by officer without warrant is lawful A law enforcement officer may arrest a person without a warrant when: The person has committed a felony or misdemeanor or violated a municipal or county ordinance in the presence of the officer. An arrest for the commission of a misdemeanor or the violation of a municipal or county ordinance shall be made?

immediately or in fresh pursuit A felony has been committed and he or she reasonably believes that the person committed it. (3) He or she reasonably believes that a felony has been or is being committed and that the person to be arrested has committed or is committing it. (4) A warrant for the arrest has been issued and is held by another peace officer for execution.

901.15 When arrest by officer without warrant is lawful A violation of chapter _____has been committed in the presence of the officer. Such an arrest may be made immediately or in fresh pursuit. Any law enforcement officer, upon receiving information relayed to him or her from a fellow officer stationed on the ground or in the air that a driver of a vehicle has violated chapter ___ may arrest the driver for violation of those laws when reasonable and proper identification of the vehicle and the violation has been communicated to the arresting officer.

chapter 316 chapter 316

901.15 When arrest by officer without warrant is lawful There is probable cause to believe that the person has committed a criminal act according to s. 790.233 or according to s. 741.31, s. 784.047, or s. 825.1036 which violates an injunction for protection entered pursuant to s. 741.30, s. 784.046, or s. 825.1035 or a foreign protection order accorded full faith and credit pursuant to s. 741.315, over the?

objection of the petitioner, if necessary

901.15 When arrest by officer without warrant is lawful There is probable cause to believe that the person has committed an act of domestic violence, as defined in s. 741.28, or dating violence, as provided in s. 784.046. The decision to arrest shall not require consent of the victim or consideration of the relationship of the parties. It is the_______of this state to strongly discourage arrest and charges of both parties for domestic violence or dating violence on each other and to encourage training of law enforcement and prosecutors in these areas. A law enforcement officer who acts in good faith and exercises due care in making an arrest under this subsection, under s. 741.31(4) or s. 784.047, or pursuant to a foreign order of protection accorded full faith and credit pursuant to s. 741.315, is immune from______that otherwise might result by reason of his or her action

public policy civil liability

901.15 When arrest by officer without warrant is lawful There is probable cause to believe that the person has committed child abuse, as defined in s. 827.03, or has violated s. 787.025, relating to luring or enticing a child for unlawful purposes. The decision to arrest does not require____of the victim or _____of the relationship of the parties. It is the public policy of this state to protect abused children by strongly encouraging the arrest and prosecution of persons who commit child abuse. A law enforcement officer who acts in good faith and exercises due care in making an arrest under this subsection is immune from civil liability that otherwise might result by reason of his or her action

consent consideration

901. 15 When arrest by officer without warrant is lawful (9) There is probable cause to believe that the person has committed: (a) Any battery upon another person (b) An act of criminal mischief or a graffiti-related offense (c) A violation of a safety zone, security zone, regulated navigation area, or naval vessel protection zone (d) A racing violation

true

901.15 When arrest by officer without warrant is lawful The officer has determined that he or she has probable cause to believe that a misdemeanor has been committed, based upon a_____provided to the officer by a law enforcement officer of the United States Government, recognized as such by United States statute, or a United States military law enforcement officer, recognized as such by the Uniform Code of Military Justice or the United States Department of Defense Regulations, when the misdemeanor was committed in the presence of the United States law enforcement officer or the United States military law enforcement officer on federal military property over which the state has maintained exclusive jurisdiction for such a misdemeanor

signed affidavit

901.15 When arrest by officer without warrant is lawful A law enforcement officer of the Florida National Guard, recognized as such by the Uniform Code of Military Justice or the United States Department of Defense Regulations, has probable cause to believe a _____was committed on state military property or when a felony or misdemeanor was committed in his or her presence on such property

felony All law enforcement officers of the Florida National Guard shall promptly surrender all persons arrested and charged with a felony to the sheriff of the county within which the state military property is located, and all persons arrested and charged with misdemeanors shall be surrendered to the applicable authority as may be provided by law, but otherwise to the sheriff of the county in which the state military property is located. The Florida National Guard shall promptly notify the applicable law enforcement agency of an arrest and the location of the prisoner.

901.15 When arrest by officer without warrant is lawful There is probable cause to believe that the person has committed an act that violates a condition of _____ provided in s. 903.047 when the original arrest was for an act of domestic violence as defined in s. 741.28, or when the original arrest was for an act of dating violence as defined in s. 784.046.

pretrial release

901.15 When arrest by officer without warrant is lawful There is probable cause to believe that the person has committed trespass in a secure area of an airport when signs are posted in _____areas of the airport which notify that unauthorized entry into such areas constitutes a trespass and specify the methods for gaining authorized access to such areas.

conspicuous An arrest under this subsection may be made on or off airport premises. A law enforcement officer who acts in good faith and exercises due care in making an arrest under this subsection is immune from civil liability that otherwise might result by reason of the law enforcement officer’s action

901.15 When arrest by officer without warrant is lawful There is probable cause to believe that the person has committed assault upon a law enforcement officer, a firefighter, an emergency medical care provider, public transit employees or agents, or other specified officers as set forth in s. 784.07 or has committed assault or battery upon any employee of a receiving facility as defined in s. 394.455 who is engaged in the lawful performance of his or her duties There is probable cause to believe that the person has committed a criminal act of sexual cyberharassment

true

901. 151 Stop and Frisk Law (1) This section may be known and cited as the? (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has ________a violation of the criminal laws of this state or the criminal ordinances of any municipality or county, the officer may temporarily detain such person for the purpose of ascertaining the identity of the person temporarily detained and the circumstances surrounding the person’s presence abroad which led the officer to believe that the person had committed, was committing, or was about to commit a criminal offense

“Florida Stop and Frisk Law.” committed, is committing, or is about to commit

901.151 Stop and Frisk Law No person shall be temporarily detained under the provisions of subsection (2) longer than is _____ to effect the purposes of that subsection. Such temporary detention shall not extend beyond the place where it was first effected or the _____vicinity thereof

reasonably necessary immediate

901.151 Stop and Frisk Law Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) has probable cause to believe that any person whom the officer has temporarily detained, or is about to detain temporarily, is armed with a _____and therefore offers a threat to the safety of the officer or any other person, the officer may search such person so temporarily detained only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon. If such a search discloses such a weapon or any evidence of a criminal offense it may be seized

dangerous weapon

901.151 Stop and Frisk Law No evidence seized by a law enforcement officer in any search under this section shall be_____ against any person in any court of this state or political subdivision thereof unless the search which disclosed its existence was authorized by and conducted in compliance with the provisions of subsections

admissible

901.19 Right of officer to break into building If a peace officer fails to gain admittance after she or he has announced her or his authority and purpose in order to make an arrest either by a _______for a felony without a warrant, the officer may use all necessary and reasonable force to enter any building or property where the person to be arrested is or is reasonably believed to be

warrant or when authorized to make an arrest

901.19 Right of officer to break into building When any of the implements, devices, or apparatus commonly used for gambling purposes are found in any house, room, booth, or other place used for the purpose of gambling, a peace officer shall seize and hold them subject to the discretion of the court, to be used as evidence, and afterwards they shall be_______destroyed in the presence of witnesses under order of the court to that effect

publicly

901.21 Search of person arrested When a lawful arrest is effected, a peace officer may search the person arrested and the area within the person’s immediate presence for the purpose of:

(a) Protecting the officer from attack; (b) Preventing the person from escaping; or (c) Discovering the fruits of a crime.

901.21 Search of person arrested A peace officer making a lawful search without a warrant may seize all instruments, articles, or things discovered on the person arrested or within the person’s immediate control, the seizure of which is reasonably necessary for the purpose of:

(a) Protecting the officer from attack; (b) Preventing the escape of the arrested person; or (c) Assuring subsequent lawful custody of the fruits of a crime or of the articles used in the commission of a crime.

901.25 Fresh pursuit; arrest outside jurisdiction The term “fresh pursuit” as used in this act shall include fresh pursuit as defined by the ______law and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. It shall also include the pursuit of a person who has violated a county or municipal ordinance or chapter 316 or has committed a misdemeanor.

common

901.25 Fresh pursuit; arrest outside jurisdiction 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 the officer in charge of the jurisdiction in which the arrest is made. Such officer in charge of the jurisdiction shall, along with the officer making the arrest, take the person so arrested before a ______of the county in which the arrest was made without unnecessary delay

trial court judge

901.25 Fresh pursuit; arrest outside jurisdiction The _____agency of the state, county, or municipal officer making an arrest on fresh pursuit shall be liable for all actions of said officer in the same fashion that it is liable for the officer’s acts made while making an arrest within his or her jurisdiction. (5) The officer making an arrest on fresh pursuit shall be fully protected with respect to pension, retirement, workers’ compensation, and other such benefits just as if the officer had made an arrest in his or her own jurisdiction

employing

901.29 Authorization to take person to medical facility Even though a ______is issued, a law enforcement officer shall be authorized to take a person to a medical facility for such care as appropriate

notice to appear

901.36 Prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders It is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or otherwise falsely identify himself or herself in any way, to the law enforcement officer or any county jail personnel. Except as provided in subsection (2), any person who violates this subsection commits?

a misdemeanor of the first degree

901.36 Prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders A person who violates subsection (1), if such violation results in another person being adversely affected by the unlawful use of his or her name or other identification, commits

a felony of the third degree

901.43 Dissemination of arrest booking photographs Any person or entity engaged in the business of publishing through a publicly accessible print or electronic medium or otherwise disseminating arrest booking photographs of persons who have previously been arrested may not?

solicit or accept a fee or other form of payment to remove the photographs

901.43 Dissemination of arrest booking photographs Within____days of receipt of the written request for removal of the arrest booking photograph, the person or entity who published or otherwise disseminated the photograph shall remove the arrest booking photograph without charge.

901.43 Dissemination of arrest booking photographs The person whose arrest booking photograph was published or otherwise disseminated in the publication or electronic medium may bring a civil action to enjoin the continued publication or dissemination of the photograph if the photograph is not removed within______days after receipt of the written request for removal. The court may impose a civil penalty of $1,000 per day for noncompliance with an injunction and shall award reasonable attorney fees and court costs related to the issuance and enforcement of the injunction

10 calendar

901.43 Dissemination of arrest booking photographs Refusal to remove an arrest booking photograph after written request has been made constitutes_______ in accordance with part II of chapter 501. (5) This section does not apply to any person or entity that publishes or disseminates information relating to arrest booking photographs unless the person or entity solicits or accepts payment to remove the photographs.

an unfair or deceptive trade practice

790.052 Carrying concealed firearms; off-duty law enforcement officers 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, on or about their persons, concealed firearms, during off-duty hours, at the discretion of ______, and may perform those law enforcement functions that they normally perform during duty hours, utilizing their weapons in a manner which is reasonably expected of on-duty officers in similar situations

their superior officers

790.06 License to carry concealed weapon or firearm The ________ is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as?

Department of Agriculture and Consumer Services A handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun

790.06 License to carry concealed weapon or firearm Such licenses shall be valid throughout the state for a period of____years from the date of issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. The licensee must carry the license, together with______, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25

7 years valid identification

790.06 License to carry concealed weapon or firearm The Department of Agriculture and Consumer Services shall issue a license if the applicant:

(a) Is a resident of the United States and a citizen of the United States or a permanent resident alien of the United States, as determined by the United States Bureau of Citizenship and Immigration Services, or is a consular security official of a foreign government that maintains diplomatic relations and treaties of commerce, friendship, and navigation with the United States and is certified as such by the foreign government and by the appropriate embassy in this country; (b) Is 21 years of age or older; (c) Does not suffer from a physical infirmity which prevents the safe handling of a weapon or firearm; (d) Is not ineligible to possess a firearm pursuant to s. 790.23 by virtue of having been convicted of a felony

790. 06 License to carry concealed weapon or firearm | (2) The Department of Agriculture and Consumer Services shall issue a license if the applicant has NOT:

1. Found guilty of a crime under the provisions of chapter 893 or similar laws of any other state relating to controlled substances within a 3-year period immediately preceding the date on which the application is submitted; or 2. Committed for the abuse of a controlled substance under chapter 397 or under the provisions of former chapter 396 or similar laws of any other state. An applicant who has been granted relief from firearms disabilities pursuant to s. 790.065(2)(a)4.d. or pursuant to the law of the state in which the commitment occurred is deemed not to be committed for the abuse of a controlled substance under this subparagraph; (f) Does not chronically and habitually use alcoholic beverages or other substances to the extent that his or her normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages or other substances to the extent that his or her normal faculties are impaired if the applicant has been convicted under s. 790.151 or has been deemed a habitual offender under s. 856.011(3), or has had two or more convictions under s. 316.193 or similar laws of any other state, within the 3-year period immediately preceding the date on which the application is submitted

790.06 License to carry concealed weapon or firearm Within_____days after the changing of a permanent address, or within____days after having a license lost or destroyed, the licensee shall notify the Department of Agriculture and Consumer Services of such change. Failure to notify the Department of Agriculture and Consumer Services pursuant to the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25.

30 days | 30 days

790.06 License to carry concealed weapon or firearm A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or firearm into:

1. Any place of nuisance 2. Any police, sheriff, or highway patrol station; 3. Any detention facility, prison, or jail; 4. Any courthouse; 5. Any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; 6. Any polling place; 7. Any meeting of the governing body of a county, public school district, municipality, or special district; 8. Any meeting of the Legislature or a committee thereof; 9. Any school, college, or professional athletic event not related to firearms; 10. Any elementary or secondary school facility or administration building; 11. Any career center; 12. Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose; 13. Any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; 14. The inside of the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or 15. Any place where the carrying of firearms is prohibited by federal law.

790.06 License to carry concealed weapon or firearm Any person who knowingly and willfully violates any provision of this subsection commits?

a misdemeanor of the second degree this section shall be known and may be cited as the “Jack Hagler Self Defense Act.”

790.07 Persons engaged in criminal offense, having weapons Whoever, while committing or attempting to commit any felony or while under indictment, displays, uses, threatens, or attempts to use any weapon or electric weapon or device or carries a concealed weapon is guilty of?

a felony of the third degree

790.07 Persons engaged in criminal offense, having weapons Whoever, while committing or attempting to commit any felony, displays, uses, threatens, or attempts to use any firearm or carries a concealed firearm is guilty of?

a felony of the second degree

790.07 Persons engaged in criminal offense, having weapons Whoever, having previously been convicted of a violation of subsection (1) or subsection (2) and, subsequent to such conviction, displays, uses, threatens, or attempts to use any weapon, firearm, or electric weapon or device, carries a concealed weapon, or carries a concealed firearm while committing or attempting to commit any felony or while under indictment is guilty of

a felony of the first degree

790.07 Persons engaged in criminal offense, having weapons The following crimes are excluded from application of this section:

Antitrust violations, unfair trade practices, restraints of trade, nonsupport of dependents, bigamy, or other similar offenses.

790.15 Discharging firearm in public or on residential property any person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, highway, or street, who knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises, or who recklessly or negligently discharges a firearm outdoors on any property used primarily as the site of a dwelling or zoned exclusively for residential use commits

a misdemeanor of the first degree

790.15 Discharging firearm in public or on residential property Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within ______feet of any person commits a?

1,000 felony of the second degree

790.15 Discharging firearm in public or on residential property Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly directs any other person to discharge any firearm from the vehicle commits?

a felony of the third degree

790.15 Discharging firearm in public or on residential property Any person who recreationally discharges a firearm outdoors, including target shooting, in an area that the person knows or reasonably should know is primarily residential in nature and that has a residential density of one or more dwelling units per acre, commits

a misdemeanor of the first degree

790.15 Discharging firearm in public or on residential property This subsection does not apply to?

(a) To a person lawfully defending life or property or performing official duties requiring the discharge of a firearm; (b) If, under the circumstances, the discharge does not pose a reasonably foreseeable risk to life, safety, or property; or (c) To a person who accidentally discharges a firearm.

790.1615 Unlawful throwing, projecting, placing, or discharging of destructive device or bomb that results in injury to another; penalty A person who perpetrates any unlawful throwing, projecting, placing, or discharging of a destructive device or bomb that results in any bodily harm to a firefighter or any other person, regardless of intent or lack of intent to cause such harm, commits

a misdemeanor of the first degree

790.1615 Unlawful throwing, projecting, placing, or discharging of destructive device or bomb that results in injury to another; penalty A person who perpetrates any unlawful throwing, projecting, placing, or discharging of a destructive device or bomb that results in great bodily harm, permanent disability, or permanent disfigurement to a firefighter or any other person, regardless of intent or lack of intent to cause such harm, commits

a felony of the second degree

790.19 Shooting into or throwing deadly missiles into dwellings, public or private buildings, occupied or not occupied; vessels, aircraft, buses, railroad cars, streetcars, or other vehicles 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 of this state shall be guilty of

a felony of the second degree

827. 03 Abuse, aggravated abuse, and neglect of a child; penalties (a) “Aggravated child abuse” occurs when a person:

1. Commits aggravated battery on a child; 2. Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or 3. Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child.

827.03 Abuse, aggravated abuse, and neglect of a child; penalties “Child abuse” means:

1. Intentional infliction of physical or mental injury upon a child; 2. An intentional act that could reasonably be expected to result in physical or mental injury to a child; or 3. Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child.

827.03 Abuse, aggravated abuse, and neglect of a child; penalties “Maliciously” means

wrongfully, intentionally, and without legal justification or excuse. Maliciousness may be established by circumstances from which one could conclude that a reasonable parent would not have engaged in the damaging acts toward the child for any valid reason and that the primary purpose of the acts was to cause the victim unjustifiable pain or injury.

827.03 Abuse, aggravated abuse, and neglect of a child; penalties “Mental injury” means

injury to the intellectual or psychological capacity of a child as evidenced by a discernible and substantial impairment in the ability of the child to function within the normal range of performance and behavior as supported by expert testimony.

827.03 Abuse, aggravated abuse, and neglect of a child; penalties “Neglect of a child” means:

1. A caregiver’s failure or omission to provide a child with the care, supervision, and services necessary to maintain the child’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child; or 2. A caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person. Except as otherwise provided in this section, neglect of a child may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or mental injury, or a substantial risk of death, to a child

827. 03 Abuse, aggravated abuse, and neglect of a child; penalties 1. A person who commits aggravated child abuse commits 2. A person who willfully or by culpable negligence neglects a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child commits 3. A person who knowingly or willfully abuses a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits 4. A person who willfully or by culpable negligence neglects a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits

1. a felony of the first degree 2. a felony of the second degree 3. a felony of the third degree 4. a felony of the third degree

827.03 Abuse, aggravated abuse, and neglect of a child; penalties EXPERT TESTIMONY

Except as provided in paragraph (b), a physician may not provide expert testimony in a criminal child abuse case unless the physician is a physician licensed under chapter 458 or chapter 459 or has obtained certification as an expert witness pursuant to s. 458.3175 or s. 459.0066. (b) A physician may not provide expert testimony in a criminal child abuse case regarding mental injury unless the physician is a physician licensed under chapter 458 or chapter 459 who has completed an accredited residency in psychiatry or has obtained certification as an expert witness pursuant to s. 458.3175 or s. 459.0066. (c) A psychologist may not give expert testimony in a criminal child abuse case regarding mental injury unless the psychologist is licensed under chapter 490. (d) The expert testimony requirements of this subsection apply only to criminal child abuse and neglect cases pursuant to this chapter, dependency cases pursuant to chapter 39, and cases involving sexual battery of a child pursuant to chapter 794 and not to family court cases.

827. 04 Contributing to the delinquency or dependency of a child; penalty. (1) Any person who: (a) Commits any act which causes, tends to cause, encourages, or contributes to a child becoming a delinquent or dependent child or a child in need of services; or (b) Induces or endeavors to induce, by act, threat, command, or persuasion, a child to commit or perform any act, follow any course of conduct, or live in a manner that causes or tends to cause such child to become or to remain a dependent or delinquent child or a child in need of services, commits

a misdemeanor of the first degree

827.04 Contributing to the delinquency or dependency of a child; penalty. A person 21 years of age or older who impregnates a child under____years of age commits an act of child abuse which constitutes a?

16 felony of the third degree Neither the victim’s lack of chastity nor the victim’s consent is a defense to the crime

843.01 Resisting officer with violence to his or her person Whoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission; parole and probation supervisor; county probation officer; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, by offering or doing violence to the person of such officer or legally authorized person, is guilty of?

a felony of the third degree

843.02 Resisting officer without violence to his or her person Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of?

a misdemeanor of the first degree

843.025 Depriving officer of means of protection or communication It is unlawful for any person to deprive a law enforcement officer as defined in s. 943.10(1), a correctional officer as defined in s. 943.10(2), or a correctional probation officer as defined in s. 943.10(3) of her or his weapon or radio or to otherwise deprive the officer of the means to defend herself or himself or summon assistance. Any person who violates this section is guilty of ?

a felony of the third degree

843.03 Obstruction by disguised person Whoever in any manner disguises himself or herself with intent to obstruct the due execution of the law, or with the intent to intimidate, hinder, or interrupt any officer, beverage enforcement agent, or other person in the legal performance of his or her duty or the exercise of his or her rights under the constitution or laws of this state, whether such intent is effected or not, shall be guilty of?

a misdemeanor of the first degree

843.06 Neglect or refusal to aid peace officers Whoever, being required in the name of the state by any officer of the Florida Highway Patrol, police officer, beverage enforcement agent, or watchman, neglects or refuses to assist him or her in the execution of his or her office in a criminal case, or in the preservation of the peace, or the apprehending or securing of any person for a breach of the peace, or in case of the rescue or escape of a person arrested upon civil process, shall be guilty of?

a misdemeanor of the second degree

843.08 False personation A person who falsely assumes or pretends to be a firefighter, a sheriff, an officer of the Florida Highway Patrol, an officer of the Fish and Wildlife Conservation Commission, an officer of the Department of Environmental Protection, a fire or arson investigator of the Department of Financial Services, an officer of the Department of Financial Services, an officer of the Department of Corrections, a correctional probation officer, a deputy sheriff, a state attorney or an assistant state attorney, a statewide prosecutor or an assistant statewide prosecutor, a state attorney investigator, a coroner, a police officer, a lottery special agent or lottery investigator, a beverage enforcement agent, a school guardian as described in s. 30.15(1)(k), a security officer licensed under chapter 493, any member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission, any personnel or representative of the Department of Law Enforcement, or a federal law enforcement officer as defined in s. 901.1505, and takes upon himself or herself to act as such, or to require any other person to aid or assist him or her in a matter pertaining to the duty of any such officer, commits?

a felony of the third degree

843.08 False personation If a person who falsely personates any such officer during the course of the commission of a felony commits?

a felony of the second degree

843.08 False personation If the commission of the felony results in the death or personal injury of another human being, the person commits?

a felony of the first degree

843.081 Prohibited use of certain lights; penalty (1) The Legislature finds and declares that Florida’s citizens are vulnerable to becoming the victims of criminal acts through the illegal use of blue lights by the criminal elements. It is the intent of the Legislature to reduce this vulnerability to injury and loss of life and property by prohibiting the use of certain blue lights by any person other than an authorized law enforcement officer. (2) It is unlawful for a person to use in or on any nongovernmentally owned vehicle or vessel any flashing or rotating blue light unless such person is a law enforcement officer employed by a federal, state, county, or city law enforcement agency or is a person appointed by the Governor pursuant to chapter 354. (3) The provisions of this section shall not apply to salespersons, service representatives, or other employees of businesses licensed to sell or repair law enforcement equipment. (4) For the purposes of this section, the term “flashing or rotating blue light” includes all forms of lights which display a blue light source or which were designed with the intent of displaying a blue light source whether or not such light is actually in use. (5) Any person who violates any of the provisions of this section commits?

a misdemeanor of the first degree

STATE STAUTES 2019 Flashcards

(217 cards)