FDLE - Florida Department of Law Enforcement Florida Law and Statutes 1 — Questions and Answers
Question 1: Under Florida Statute §784.011, which of the following correctly defines 'assault'?
- The intentional, unlawful striking or touching of another person against their will
- An intentional, unlawful threat by word or act to do violence to another, coupled with an apparent ability to do so, and an act that creates a well-founded fear that violence is imminent (Correct answer)
- The use of deadly force against another person in a public place
- Knowingly and willfully threatening another person through electronic communication
Correct answer: An intentional, unlawful threat by word or act to do violence to another, coupled with an apparent ability to do so, and an act that creates a well-founded fear that violence is imminent
§784.011 defines assault as an intentional, unlawful threat by word or act to commit violence, combined with an apparent ability to carry it out, and some act creating a well-founded fear that violence is imminent. No physical contact is required — that element distinguishes it from battery.
Question 2: Under Florida Statute §810.02, which element is essential for an act to constitute 'burglary'?
- The perpetrator must break a window or door to gain entry
- The perpetrator must be armed with a weapon at the time of entry
- The perpetrator must enter or remain in a dwelling, structure, or conveyance with the intent to commit a crime therein (Correct answer)
- The perpetrator must steal property valued at more than $300
Correct answer: The perpetrator must enter or remain in a dwelling, structure, or conveyance with the intent to commit a crime therein
Florida's burglary statute (§810.02) requires entering or remaining in a dwelling, structure, or conveyance with intent to commit an offense inside. The crime is the unlawful entry combined with criminal intent — forced entry and theft are not required elements.
Question 3: Florida Statute §812.13 defines 'robbery.' What distinguishes robbery from theft?
- Robbery involves property valued over $750
- Robbery requires the offender to be in disguise
- Robbery involves the use of force, violence, assault, or putting the victim in fear during the taking of property (Correct answer)
- Robbery can only occur in a financial institution
Correct answer: Robbery involves the use of force, violence, assault, or putting the victim in fear during the taking of property
Under §812.13, robbery is distinguished from theft by the use of force, violence, assault, or placing the victim in fear during the commission of the taking. This element of force or intimidation elevates the offense from simple theft to robbery.
Question 4: Under Florida Statute §316.193, at what blood alcohol concentration (BAC) level is a driver legally presumed to be driving under the influence?
- 0.05 or higher
- 0.08 or higher (Correct answer)
- 0.10 or higher
- 0.12 or higher
Correct answer: 0.08 or higher
Florida Statute §316.193 establishes that a person is guilty of DUI if their BAC is 0.08 or higher, or if they are impaired by alcohol or a controlled substance to the extent their normal faculties are affected. The 0.08 threshold is the legal standard.
Question 5: Under Florida's public records law (§119.07, F.S.), which of the following statements is most accurate?
- Only law enforcement agencies are required to make records available to the public
- All state, county, and municipal records are open for personal inspection by any person, unless specifically exempted by law (Correct answer)
- Public records may only be accessed by Florida residents with a valid photo ID
- Criminal investigative records are always fully available to the public upon request
Correct answer: All state, county, and municipal records are open for personal inspection by any person, unless specifically exempted by law
§119.07 establishes that all records made or received in connection with official government business are open for public inspection by any person. Exemptions exist (e.g., active criminal investigative information), but the default presumption is openness and access.
Question 6: Under Florida Statute §784.048, what additional element elevates 'stalking' to 'aggravated stalking'?
- The stalking occurs across county lines
- The offender has a prior conviction for any misdemeanor
- The offender makes a credible threat to the victim with the intent to place the victim in reasonable fear of death or bodily injury (Correct answer)
- The offender uses a motor vehicle while following the victim
Correct answer: The offender makes a credible threat to the victim with the intent to place the victim in reasonable fear of death or bodily injury
§784.048 defines aggravated stalking as willfully, maliciously, and repeatedly following or harassing another person AND making a credible threat with the intent to place that person in reasonable fear of death or bodily injury. The credible threat element is what distinguishes it from misdemeanor stalking.
FDLE - Florida Department of Law Enforcement Florida Law and Statutes 1
Under Florida Statute §784.011, which of the following correctly defines 'assault'?