FDLE Florida Law and Statutes 2 — Questions and Answers
Question 1: Under Florida Statute §741.28, which of the following qualifies as 'domestic violence'?
- Any dispute between neighbors in a residential setting
- Any assault, battery, sexual assault, stalking, kidnapping, or false imprisonment between family or household members (Correct answer)
- Verbal arguments between spouses that do not involve physical contact
- Any crime committed on residential property
Correct answer: Any assault, battery, sexual assault, stalking, kidnapping, or false imprisonment between family or household members
F.S. §741.28 defines domestic violence as specific enumerated crimes — including assault, battery, sexual assault, stalking, kidnapping — committed between family or household members.
Florida Statute §741.28 defines 'domestic violence' as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death committed by a family or household member against another. 'Family or household members' include spouses, former spouses, persons related by blood or marriage, persons who reside or formerly resided together, and persons who have a child in common.
Question 2: What is the mandatory arrest policy under Florida Statute §741.29 for domestic violence cases?
- Officers must always make a dual arrest when both parties have visible injuries
- Officers shall arrest the primary aggressor when probable cause exists, without requiring the victim's consent (Correct answer)
- Officers must wait for a sworn complaint from the victim before making an arrest
- Officers should issue a notice to appear rather than arrest
Correct answer: Officers shall arrest the primary aggressor when probable cause exists, without requiring the victim's consent
Florida's mandatory arrest policy requires officers to arrest the primary aggressor without requiring victim consent whenever they have probable cause that domestic violence has occurred within the past 24 hours.
Florida Statute §741.29 establishes mandatory arrest procedures: (1) Law enforcement shall arrest the primary aggressor based on probable cause that domestic violence occurred — even if the victim does not want the person arrested, (2) Officers should identify the primary aggressor (not make dual arrests), considering relative size, prior history, self-defense indicators, and injury nature, (3) The 24-hour rule: officers can arrest for misdemeanor domestic violence outside their presence if it occurred within the preceding 24 hours. Victim consent is NOT required.
Question 3: Under Florida's 'Stand Your Ground' law (F.S. §776.012), when may a person use deadly force in self-defense?
- Only inside their own home or vehicle
- When they reasonably believe deadly force is necessary to prevent imminent death or great bodily harm, and they are not engaged in criminal activity (Correct answer)
- Only after exhausting all reasonable means of retreat first
- When property is being threatened in addition to personal safety
Correct answer: When they reasonably believe deadly force is necessary to prevent imminent death or great bodily harm, and they are not engaged in criminal activity
Florida's Stand Your Ground law allows deadly force in self-defense when one reasonably believes it's necessary to prevent imminent death or great bodily harm, without a duty to retreat, provided the person is not engaged in criminal activity.
Florida Statute §776.012: a person is justified in using deadly force if they reasonably believe it is necessary to prevent imminent death or great bodily harm, or to prevent the imminent commission of a forcible felony. Key elements: (1) No duty to retreat — the person need not attempt to escape first, (2) The threat must be imminent, (3) The person must be in a place they have a legal right to be, (4) The person must not be engaged in criminal activity. Stand Your Ground provides immunity from both criminal prosecution and civil suit.
Question 4: What constitutes 'battery' under Florida Statute §784.03?
- Any threatening communication that causes fear of harm
- Intentionally touching or striking another person against their will, or intentionally causing bodily harm (Correct answer)
- Following a person in a public place without their consent
- Blocking a person's path of travel in a public space
Correct answer: Intentionally touching or striking another person against their will, or intentionally causing bodily harm
Florida battery (F.S. §784.03) requires intentional, unconsented touching or striking of another person, or intentionally causing bodily harm — merely threatening is assault, not battery.
Florida Statute §784.03 defines battery: a person who (1) actually and intentionally touches or strikes another person against their will, OR (2) intentionally causes bodily harm to another person. Key distinction from assault: Assault (F.S. §784.011) — intentional, unlawful threat by word or act, with apparent ability to carry it out, causing reasonable fear; no physical contact required. Battery — actual physical contact or harm. Aggravated battery (F.S. §784.045) involves intentionally causing great bodily harm, using a deadly weapon, or battery on a pregnant person the offender knew to be pregnant.
Question 5: Under Florida law, what is the Marchman Act (F.S. §397.6818) used for?
- Involuntary commitment of persons with serious mental illness
- Emergency or involuntary assessment and stabilization of persons impaired by or dependent on substances (Correct answer)
- Mandatory drug testing for persons arrested on felony charges
- Authorization for law enforcement to seize assets connected to drug trafficking
Correct answer: Emergency or involuntary assessment and stabilization of persons impaired by or dependent on substances
The Marchman Act provides a legal mechanism for the involuntary assessment, stabilization, and treatment of persons who are impaired by alcohol or other substances and are at risk of harm.
Florida's Marchman Act (F.S. Chapter 397) provides procedures for voluntary and involuntary assessment and treatment of persons with substance abuse disorders. A law enforcement officer may initiate a Marchman Act when a person is: (1) impaired by substance use, AND (2) has lost self-control, AND (3) is in imminent danger of harming themselves or others, OR is incapacitated. Contrast with the Baker Act (F.S. §394.463), which applies to persons with mental illness.
Question 6: Under Florida Statute §316.193, a first DUI offense with a BAC of 0.08 or higher carries which penalty?
- A non-criminal traffic infraction with a fine only
- A misdemeanor punishable by up to 6 months in jail, fines of $500-$1,000, license revocation, and community service (Correct answer)
- A felony punishable by up to 5 years in prison
- Mandatory minimum 30-day jail sentence
Correct answer: A misdemeanor punishable by up to 6 months in jail, fines of $500-$1,000, license revocation, and community service
A first DUI in Florida is a misdemeanor (up to 6 months jail, $500–$1,000 fine, 180-day license revocation, 50 hours community service), with enhanced penalties for BAC ≥ 0.15 or a minor in the vehicle.
Florida Statute §316.193 penalties for first DUI (BAC ≥ 0.08): Fine — $500 to $1,000; Jail — up to 6 months; License revocation — minimum 180 days; Community service — 50 hours. Enhanced penalties if BAC ≥ 0.15 or minor in vehicle: Fine up to $2,000, jail up to 9 months. DUI becomes a felony on the 3rd offense within 10 years, any 4th+ offense, or if DUI caused serious bodily injury or death. Commercial vehicle DUI threshold is 0.04.
FDLE Florida Law and Statutes 2
Under Florida Statute §741.28, which of the following qualifies as 'domestic violence'?