Florida Law and Statutes 1 Flashcards

Under Florida Statute §784.011, which of the following correctly defines 'assault'?

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.

Under Florida Statute §810.02, which element is essential for an act to constitute 'burglary'?

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.

Florida Statute §812.13 defines 'robbery.' What distinguishes robbery from theft?

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.

Under Florida Statute §316.193, at what blood alcohol concentration (BAC) level is a driver legally presumed to be driving under the influence?

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.

Under Florida's public records law (§119.07, F.S.), which of the following statements is most accurate?

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.

Under Florida Statute §784.048, what additional element elevates 'stalking' to 'aggravated stalking'?

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.