3. FLORIDA STATUTE -PROMOTIONAL EXAM

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MMCNEELY
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191553
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3. FLORIDA STATUTE -PROMOTIONAL EXAM
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2013-01-24 11:01:22
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FLORIDA STATUTE 784, 782
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  1. 784.011 Assault.—
    (1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.(2) Whoever commits an assault shall be guilty of a __________ of the _________degree
     misdemeanor of the second degree
  2. 784.03 Battery


    The offense of battery occurs when a person:

    1. Actually and intentionally touches or strikes another person against the will of the other; or
    2. Intentionally causes bodily harm to another person.

    (b) Except as provided in subsection (2), a person who commits battery commits a __________of the ______ degree, punishable as provided in s. 775.082 or s. 775.083.

    (2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a ______ of the _______ degree, 
    • misdemeanor of the first degree
    • felony of the third degree
  3.  “_____________” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
    conviction
  4. 784.045 Aggravated battery.—


    A person commits aggravated battery who, in committing battery:

    1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or

    2. Uses a deadly weapon.

    (b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.

    2) Whoever commits aggravated battery shall be guilty of a ______ of the ______ degree
    felony of the second degree
  5. Upon the filing of the petition, the court shall set a hearing to be held at the earliest possible time. The respondent shall be personally served with a copy of the petition, notice of hearing, and temporary injunction, if any, prior to the hearing
  6. Any such ex parte temporary injunction shall be effective for a fixed period not to exceed ___ days. However, an ex parte temporary injunction granted is effective for ___days following the date the respondent is released from incarceration.
    • 15 days
    • 15 days
  7. The clerk of the court shall furnish a copy of the petition, notice of hearing, and temporary injunction, if any, to the sheriff or a law enforcement agency of the county where the respondent resides or can be found, who shall serve it upon the respondent as soon thereafter as possible on any day of the week and at any time of the day or night
  8. When requested by the sheriff, the clerk of the court may transmit a facsimile copy of an injunction that has been certified by the clerk of the court, and this facsimile copy may be served in the same manner as a certified copy
  9. Within 24 hours after the court issues an injunction for protection against repeat violence, sexual violence, or dating violence or changes or vacates an injunction for protection against repeat violence, sexual violence, or dating violence, the clerk of the court must forward a copy of the injunction to the sheriff with jurisdiction over the residence of the petitioner.
  10. Within 24 hours after service of process of an injunction for protection against repeat violence, sexual violence, or dating violence upon a respondent, the law enforcement officer must forward the written proof of service of process to the sheriff with jurisdiction over the residence of the petitioner.
  11. Within 24 hours after the sheriff receives a certified copy of the injunction for protection against repeat violence, sexual violence, or dating violence, the sheriff must make information relating to the injunction available to other law enforcement agencies by electronically transmitting such information to the department.
  12. Within 24 hours after an injunction for protection against repeat violence, sexual violence, or dating violence is lifted, terminated, or otherwise rendered no longer effective by ruling of the court, the clerk of the court must notify the sheriff or local law enforcement agency receiving original notification of the injunction as provided in subparagraph 2. That agency shall, within 24 hours after receiving such notification from the clerk of the court, notify the department of such action of the court.
  13. 782.02 Justifiable use of deadly force
    The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be.
  14. 782.03 Excusable homicide
    Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner.
  15. 782.035 Abrogation of common-law rule of evidence known as “year-and-a-day rule”.—The common-law rule of evidence applicable to homicide prosecutions known as the “year-and-a-day rule,” which provides a conclusive presumption that an injury is not the cause of death or that whether it is the cause cannot be discerned if the interval between the infliction of the injury and the victim’s death exceeds a year and a day, is hereby abrogated and does not apply in this state.
  16. 782.04 Murder
    The unlawful killing of a human being when:
    1. Perpetrated from a premeditated design to effect the death of the person killed or any human being;
    2. When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any of the following:
  17. a. Trafficking offense prohibited by s. 893.135(1),
    • b. Arson,
    • c. Sexual battery,
    • d. Robbery,
    • e. Burglary,
    • f. Kidnapping,
    • g. Escape,
    • h. Aggravated child abuse,
    • i. Aggravated abuse of an elderly person or disabled adult,
    • j. Aircraft piracy,
    • k. Unlawful throwing, placing, or discharging of a destructive device or bomb,
    • l. Carjacking,
    • m. Home-invasion robbery,
    • n. Aggravated stalking,
    • o. Murder of another human being,
    • p. Resisting an officer with violence to his or her person,
    • q. Felony that is an act of terrorism or is in furtherance of an act of terrorism; or
    • 3. Which resulted from the unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., opium or any synthetic or natural salt, compound, derivative, or preparation of opium, or methadone by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user,
  18. 782.051 Attempted felony murder.—Any person who perpetrates or attempts to perpetrate any felony and who commits, aids, or abets an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another commits a ______of the ______ degree, punishable by imprisonment for a term of years not exceeding____________,
    • felony
    • first degree,
    • not exceeding life,
  19. When a person is injured during the perpetration of or the attempt to perpetrate any felony enumerated in s. 782.04(3) by a person other than the person engaged in the perpetration of or the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony commits a ______ of the _______degree,
     felony of the second degree,
  20. 782.065 Murder; law enforcement officer


    a defendant shall be sentenced to life imprisonment without eligibility for release upon findings by the trier of fact that, beyond a reasonable doubt:

    The defendant committed murder
    in the first degree

    and a death sentence was not imposed;

    murder in the second or third degree

    or attempted murder in the first or second degree 

    or attempted felony murder in violation of and

    The victim of any offense was a law enforcement officer, part-time law enforcement officer, or auxiliary law enforcement officer, as those terms are defined in s. 943.10, engaged in the lawful performance of a legal duty.
  21. 782.07 Manslaughter

    The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a _________ of the _______ degree,
    a felony of the second degree,
  22. A person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102(3) commits ______ _________of an elderly person or disabled adult, a ________of the _______ degree
    aggravated manslaughter of an elderly person or disabled adult, a felony of the first degree
  23. A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(3) commits ________   ___________ of a child, a _______of the _____ degree,
    aggravated manslaughter of a child, a felony of the first degree,
  24. A person who causes the death, through culpable negligence, of an officer, an firefighter, an emergency medical technician or a paramedic while the officer, firefighter, emergency medical technician, or paramedic is performing duties that are within the course of his or her employment, commits _________  _________ of an officer, a firefighter, an emergency medical technician, or a paramedic, a ________ of the _____ degree,
    aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic, a felony of the first degree
  25. 782.071 Vehicular homicide.—“Vehicular homicide” is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.
  26. Vehicular homicide is: A _____of the ______ degree,
    felony of the second degree,
  27. Vehicular homicide is:

    A felony of the first degree IF:

    ***(This does not require that the person knew that the accident resulted in injury or death)
  28. At the time of the accident, the person knew, or should have known, that the accident occurred; and
    The person failed to give information and render aid as required
  29. For purposes of 782.071 Vehicular homicide,

    a fetus is viable when it becomes capable of meaningful life outside the womb through standard medical measures
  30. In addition to any other punishment, the court may order the person to serve 120 community service hours in a trauma center or hospital that regularly receives victims of vehicle accidents, under the supervision of a registered nurse, an emergency room physician, or an emergency medical technician pursuant to a voluntary community service program operated by the trauma center or hospital.
  31. 782.08 Assisting self-murder.—Every person deliberately assisting another in the commission of self-murder shall be guilty of __________, a ________ of the _____ degree
    manslaughter, a felony of the second degree
  32. 782.09 Killing of unborn quick child by injury to mother.—


    The unlawful killing of an unborn quick child, by any injury to the mother of such child which would be murder if it resulted in the death of such mother, shall be deemed murder in the same degree as that which would have been committed against the mother.
    Any person, other than the mother, who unlawfully kills an unborn quick child by any injury to the mother:

    (a) Which would be murder in the first degree constituting a capital felony if it resulted in the mother’s death commits murder in the first degree constituting a capital felony, Which would be murder in the second degree if it resulted in the mother’s death commits murder in the second degree, a felony of the first degree
  33. The unlawful killing of an unborn quick child by any injury to the mother of such child which would be manslaughter if it resulted in the death of such mother shall be deemed manslaughter. A person who unlawfully kills an unborn quick child by any injury to the mother which would be manslaughter if it resulted in the mother’s death commits manslaughter, a _______of the _______degree
    felony of the second degree
  34. “unborn quick child” shall be determined in accordance with the definition of viable fetus
  35. 782.11 Unnecessary killing to prevent unlawful act.—Whoever shall unnecessarily kill another, either while resisting an attempt by such other person to commit any felony, or to do any other unlawful act, or after such attempt shall have failed, shall be deemed guilty of ________, a ____________ of the ______degree
    manslaughter, a felony of the second degree

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