FS 812 AND 790- PROMOTIONAL EXAM

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MMCNEELY
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190522
Filename:
FS 812 AND 790- PROMOTIONAL EXAM
Updated:
2013-01-18 19:41:09
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FHP
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FLORIDA STATUTE 812, 790
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  1. 812.014 Theft.—

    A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
    1. Deprive the other person of a right to the property or a benefit from the property.

    2. Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.
  2. If the property stolen is valued at $100,000 or more or is a semitrailer that was deployed by a law enforcement officer the offender commits ______ theft in the ____degree, punishable as a ______of the ____degree
    • grand theft in the first degree, 
    • felony of the first degree
  3. If the property stolen is cargo valued at $50,000 or more that has entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock the offender commits ______theft in the _____ degree, punishable as a _____ of the _____degree
    • grand theft
    • first
    • felony
    • first
  4. If the offender commits any grand theft and In the course of committing the offense the offender uses a MOTOR VEHICLE as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense and thereby damages the real property of another; or In the course of committing the offense the offender causes damage to the real or personal property of another in excess of _$_____, commits _____ theft in the _____degree, punishable as a _____of the ____ degree
    • $1000
    • GRAND
    • FIRST
    • FELONY
    • FIRST
  5. If the property stolen is valued at $20,000 or more, but less than $100,000;
    the offender commits ______theft in the ______degree, punishable as a _____of the ______degree
    • grand theft
    • second degree
    • felony
    • second degree
  6. The property stolen is cargo valued at less than $50,000 that has entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock the offender commits ______theft in the ______degree, punishable as a _____of the ______degree
    • grand theft
    • second degree
    • felony
    • second degree
  7. Law enforcement equipment means any property, device, or apparatus used by any law enforcement officer as defined in s. 943.10 in the officer’s official business. However, if the property is stolen within a county that is subject to a state of emergency declared by the Governor under chapter 252, the theft is committed after the declaration of emergency is made, and the perpetration of the theft is facilitated by conditions arising from the emergency, the theft is a _____of the _______ degree,
    felony of the first degree,
  8. It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is
    • 1. Valued at $300 or more, but less than $5,000.
    • 2. Valued at $5,000 or more, but less than $10,000.
    • 3. Valued at $10,000 or more, but less than $20,000.
    • 4. A will, codicil, or other testamentary instrument.
    • 5. A firearm.
    • 6. A motor vehicle, except as provided in paragraph (a).
    • 7. Any commercially farmed animal, including any animal of the equine, bovine, or swine class, or other grazing animal, and including aquaculture species raised at a certified aquaculture facility. If the property stolen is aquaculture species raised at a certified aquaculture facility, then a $10,000 fine shall be imposed.
    • 8. Any fire extinguisher.
    • 9. Any amount of citrus fruit consisting of 2,000 or more individual pieces of fruit.
    • 10. Taken from a designated construction site identified by the posting of a sign as provided for in s. 810.09(2)(d).
    • 11. Any stop sign.
    • 12. Anhydrous ammonia.

    • Theft of any property not listed above is petit theft of the second degree and a misdemeanor of the second degree
  9. However, if the property is stolen within a county that is subject to a state of emergency declared by the Governor under chapter 252, the property is stolen after the declaration of emergency is made, and the perpetration of the theft is facilitated by conditions arising from the emergency, the offender commits a ________of the _______degree,
    felony of the second degree,
  10. It is ______theft of the ____ degree and a ______ of the _____ degree if the property stolen is valued at $100 or more, but less than $300, and is taken from a dwelling or from the unenclosed curtilage of a dwelling
    • GRAND
    • THIRD
    • FELONY
    • THIRD
  11. Except as provided in the paragraph about theft from a dwelling, if the property stolen is valued at $100 or more, but less than $300, the offender commits ____ theft of the ____ degree, punishable as a ________ of the ______ degree
    • petit
    • first
    • misdemeanor
    • first
  12. A person who commits petit theft and who has previously been convicted of any theft commits a __________of the ______ degree
    misdemeanor

    first
  13. A person who commits petit theft and who has previously been convicted two or more times of any theft commits a _____of the ____degree
    • felony
    • third
  14. Every judgment of guilty or not guilty of a petit theft shall be in writing, signed by the judge, and recorded by the _______________________________
    clerk of the circuit court
  15. every judgment of guilty of a petit theft for property described in this subsection shall provide for the suspension of the convicted person’s driver’s license. The court shall forward the driver’s license to the Department of Highway Safety and Motor Vehicles
  16. GUILTY FOR PETIT THEFT

    The first suspension of a driver’s license under this subsection shall be for a period of up to  ___months.
    The second or subsequent suspension of a driver’s license under this subsection shall be for a period of________.
    • 6 MONTHS
    • 1 YEAR
  17. A person who individually, or in concert with one or more other persons, coordinates the activities of one or more persons in committing theft where the stolen property has a value in excess of $3,000 commits a _______of the ________degree
    • FELONY
    • SECOND
  18. 790.001 Definitions


    “_____________” means any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
    Antique firearm
  19. “____________” means any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.
    Concealed firearm
  20. “_________________” means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.
    Concealed weapon
  21. “___________” or “__________ or _______” means any weapon of such nature, except a device known as a “self-defense chemical spray.” “Self-defense chemical spray” means a device carried solely for purposes of lawful self-defense that is compact in size, designed to be carried on or about the person, and contains not more than two ounces of chemical.
    • Tear gas gun
    • chemical weapon 
    • device
  22. “________________” means any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, or poison gas and includes any frangible container filled with an explosive, incendiary, explosive gas, or expanding gas, which is designed or so constructed as to explode by such filler and is capable of causing bodily harm or property damage; any combination of parts either designed or intended for use in converting any device into a destructive device and from which a destructive device may be readily assembled; any device declared a destructive device by the Bureau of Alcohol, Tobacco, and Firearms; any type of weapon which will, is designed to, or may readily be converted to expel a projectile by the action of any explosive and which has a barrel with a bore of one-half inch or more in diameter; and ammunition for such destructive devices, but not including shotgun shells or any other ammunition designed for use in a firearm other than a destructive device.
    Destructive device
  23. “Destructive device” does not include:
  24. (a) A device which is not designed, redesigned, used, or intended for use as a weapon;
    • (b) Any device, although originally designed as a weapon, which is redesigned so that it may be used solely as a signaling, line-throwing, safety, or similar device;
    • (c) Any shotgun other than a short-barreled shotgun; or
    • (d) Any nonautomatic rifle (other than a short-barreled rifle) generally recognized or particularly suitable for use for the hunting of big game.
  25. "____________” means any chemical compound or mixture that has the property of yielding readily to combustion or oxidation upon application of heat, flame, or shock, including but not limited to dynamite, nitroglycerin, trinitrotoluene, or ammonium nitrate when combined with other ingredients to form an explosive mixture, blasting caps, and detonators; but not including:
    EXPLOSIVE

    Shotgun shells, cartridges, or ammunition for firearms, Fireworks, Smokeless propellant powder or small arms ammunition primers

    Black powder in quantities not to exceed that authorized by chapter 552, or by any rules adopted thereunder by the Department of Financial Services, when used for, or intended to be used for, the manufacture of target and sporting ammunition or for use in muzzle-loading flint or percussion weapons.
  26. "_____________” means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless __________________________________.
    • FIREARM
    • the antique firearm is used in the commission of a crime.
  27. “Indictment” means an indictment or an information in any court under which a crime punishable by imprisonment for a term exceeding _______year(s) may be prosecuted.
    one
  28. "___________” means any firearm, as defined herein, which shoots, or is designed to shoot, automatically more than one shot, without manually reloading, by a single function of the trigger.
    machine gun
  29. ) “Short-barreled shotgun” means a shotgun having one or more barrels less than _____inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than ____ inches.
    • 18
    • 26
  30. “Short-barreled rifle” means a rifle having one or more barrels less than ____inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than ____inches.
    • 16
    • 26
  31. “__________” means a small mass of metal, stone, sand, or similar material fixed on a flexible handle, strap, or the like, used as a weapon
    slungshot
  32. “_________” means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.
    Weapon
  33. "_________________” means any device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury.
    "Electric weapon or device
  34. "__________________” means any device having one or more darts that are capable of delivering an electrical current.
    Dart-firing stun gun
  35. “_________________” means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.
    Readily accessible for immediate use
  36. “________________” means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.
    Securely encased
  37. “__________” means the area of an airport to which access is controlled by the inspection of persons and property in accordance with federally approved airport security programs.
    Sterile area
  38. “Ammunition” means an object consisting of all of the following:
    (a) A fixed metallic or nonmetallic hull or casing containing a primer.

    (b) One or more projectiles, one or more bullets, or shot.

    (c) Gunpowder.

    All of the specified components must be present for an object to be ammunition.

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