247 Questions
What is an assault according to the Florida Statutes?
An intentional, unlawful threat by word or act to do violence to the person of another.
What is the punishment for a person who assaults another person?
A misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
What is aggravated assault?
An assault with a deadly weapon without intent to kill.
What is the punishment for a person who commits aggravated assault?
A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
What happens if a person commits aggravated assault in furtherance of a riot or an aggravated riot?
The punishment is ranked one level above the ranking under s. 921.0022 for the offense committed.
What is the difference between assault and aggravated assault?
Assault is without a deadly weapon, while aggravated assault is with a deadly weapon.
What is the purpose of the ranking under s. 921.0022?
To determine the sentence for the offense committed.
What is the main element that makes an assault an aggravated assault?
The presence of a deadly weapon.
What is meant by 'repeat violence' according to Florida law?
Two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition
What is considered sexual violence under Florida law?
Any one incident of sexual battery, lewd or lascivious act, or sexual performance by a child
Who has standing in the circuit court to file a sworn petition for an injunction for protection against repeat violence?
The victim of repeat violence or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against repeat violence
What is required to establish a dating relationship for the purpose of determining dating violence?
A dating relationship must have existed within the past 6 months, with an expectation of affection or sexual involvement, and frequent interaction over time
What is excluded from the definition of dating violence?
Violence in a casual acquaintanceship or ordinary fraternization in a business or social context
What is created for cases of repeat violence, dating violence, and sexual violence?
Separate causes of action for an injunction for protection
Who can file a sworn petition for an injunction for protection against dating violence?
The victim of dating violence or the parent or legal guardian of any minor child who is living at home
What is required for a person to have standing to file a petition for an injunction for protection against dating violence?
The person must have reasonable cause to believe they are in imminent danger of becoming the victim of dating violence
What is included in the definition of 'violence' under Florida law?
Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment
What is the time period within which one incident of violence or stalking must have occurred for it to be considered 'repeat violence'?
Within 6 months of the filing of the petition
What is the minimum degree of punishment for a person who commits a battery?
Misdemeanor of the first degree
What is the punishment for a person who commits a battery in furtherance of a riot or an aggravated riot?
Felony of the third degree
What is the definition of 'conviction' in the context of battery?
A determination of guilt that is the result of a plea or a trial
What is the punishment for a person who commits felony battery?
Felony of the third degree
What is the definition of 'dating relationship' in the context of domestic battery by strangulation?
A continuing and significant relationship of a romantic or intimate nature
What is the punishment for a person who commits aggravated battery?
Felony of the second degree
What is the definition of 'family or household member' in the context of domestic battery by strangulation?
A person who has the same meaning as in s. 741.28
What is the minimum degree of punishment for a person who commits domestic battery by strangulation?
Felony of the third degree
What is the definition of 'aggravated battery'?
All of the above
What is the ranking for a violation of aggravated battery committed in furtherance of a riot or an aggravated riot?
One level above the ranking under s. 921.0022
What is indicated on the face of a temporary or final judgment on injunction for protection against repeat violence, sexual violence, or dating violence?
The court had jurisdiction over the parties and matter under the laws of Florida
Who may serve an injunction for protection against repeat violence, sexual violence, or dating violence?
Only a law enforcement officer as defined in chapter 943
What is the purpose of the Domestic, Dating, Sexual, and Repeat Violence Injunction Statewide Verification System?
To facilitate communication between law enforcement agencies
What happens when a law enforcement officer receives an electronic copy of an injunction from the clerk of the court?
The officer must verify receipt with the sender before attempting to serve it
What may be ordered by the court if the petitioner requests the assistance of a law enforcement agency?
A law enforcement officer may accompany the petitioner to assist in the execution or service of the injunction
What is the responsibility of the clerk of the court regarding the injunction?
To furnish information to the sheriff on the respondent's physical description and location
When must an electronic copy of an injunction be certified by the clerk of the court?
When the injunction is transmitted to the sheriff
What may be granted in addition to other civil or criminal remedies?
Relief, such as a modification or dissolution of the injunction
When may a party move to modify or dissolve the injunction?
At any time
What is required to be given to the person against whom the order is sought?
Reasonable notice and opportunity to be heard
Who has standing in the circuit court to file a sworn petition for an injunction for protection against sexual violence?
A person who is the victim of sexual violence or the parent or legal guardian of a minor child who is living at home who is the victim of sexual violence
What is a requirement for a person who has reported sexual violence to file a petition for an injunction for protection against sexual violence?
The person must have reported the sexual violence to a law enforcement agency and be cooperating in any criminal proceeding
What is the fee that the clerk of the court may request for reimbursement for petitions for protection issued by the court?
$40 per petition
What is not required by the court for the entry of an injunction for protection against sexual violence?
A bond posted by the petitioner
Who must provide the petitioner with a certified copy of any injunction for protection against sexual violence entered by the court?
The clerk of the court
What must be included in the sworn petition for an injunction for protection against sexual violence?
The specific facts and circumstances that form the basis upon which relief is sought
What is the purpose of the simplified forms provided by the clerk of the court?
To assist the petitioner in preparing and filing the petition
What is the requirement for a parent or legal guardian seeking a protective injunction on behalf of a minor child who is living at home?
The parent or legal guardian must have reasonable cause to believe that the minor child is a victim of sexual violence
What is the requirement for a petitioner who is not represented by counsel?
The clerk of the court shall provide simplified forms and clerical assistance for the preparation and filing of the petition
What is the effect of a cause of action for an injunction for protection against sexual violence?
It allows the petitioner to seek relief regardless of whether any other petition, complaint, or cause of action is currently available or pending
Where can a petitioner provide their address in a separate confidential filing?
pursuant to s. 119.071(2)(j), Florida Statutes
What is a requirement for a petitioner to have suffered repeat violence?
enumerate incidents of violence
What is a requirement for a petitioner to have suffered sexual violence?
enumerate incident of violence and include incident report number from law enforcement agency
What is a requirement for a petitioner to be a victim of dating violence?
list the specific incident or incidents of violence and describe the length of time of the relationship
What is the purpose of the petition?
to seek protection from the respondent
What happens upon the filing of the petition?
the court sets a hearing to be held at the earliest possible time
When can the court grant a temporary injunction?
when it appears to the court that an immediate and present danger of violence exists
What is the maximum duration of an ex parte temporary injunction?
15 days
What is the purpose of a full hearing?
to grant such relief as the court deems proper
What can the court grant at a full hearing?
such relief as the court deems proper, including an injunction enjoining the respondent from committing any further acts of violence and ordering other relief
What is the preferred response of a law enforcement officer when they have probable cause to believe that two or more persons have committed a misdemeanor or felony related to dating violence?
Arrest only the primary aggressor
What is the penalty for a person who willfully violates a condition of pretrial release related to an act of dating violence?
Misdemeanor of the first degree
What is the requirement for a law enforcement officer to determine who was the primary aggressor in a situation involving dating violence?
Evaluate each complaint separately to determine probable cause
What is the penalty for a person who willfully violates an injunction for protection against repeat violence, sexual violence, or dating violence?
Misdemeanor of the first degree
What is the requirement for a law enforcement officer to make an arrest in a situation involving dating violence?
Probable cause
What is the immunity granted to a law enforcement officer acting in good faith under this section?
All liability, civil or criminal
What information must the clerk of the court electronically transmit to the sheriff with jurisdiction over the residence of the petitioner within 24 hours after the court issues an injunction?
The injunction itself
What is the requirement for a law enforcement officer to determine the primary aggressor in a situation involving dating violence?
Evaluate each complaint separately to determine probable cause
Who is responsible for developing an automated process for notifying a petitioner of service of an injunction for protection?
The Florida Association of Court Clerks and Comptrollers
What is the penalty for a person who commits a misdemeanor of the first degree related to dating violence?
Punishable as provided in s. 775.082
Within what time period must the sheriff make information relating to the injunction available to other law enforcement agencies after receiving a certified copy of the injunction?
Within 24 hours
What is the requirement for a law enforcement officer to make an arrest in a situation involving dating violence?
Probable cause
What happens to the monetary assessments collected by the clerk of the court for violating an injunction for protection?
They are transferred to the State Treasury
Who can move the court to modify or dissolve an injunction at any time?
Both the petitioner and the respondent
What is the penalty for a person who willfully violates a condition of pretrial release related to an act of dating violence?
Punishable as provided in s. 775.082
What happens to the respondent if they are arrested by a law enforcement officer for committing an act of repeat violence in violation of an injunction?
They are held in custody until brought before the court
Who must notify the department of the court's action if an injunction for protection is lifted, terminated, or otherwise rendered no longer effective?
The sheriff or local law enforcement agency
What is the purpose of the automated process developed by the Florida Association of Court Clerks and Comptrollers?
To notify the petitioner of service of the injunction
Who must electronically transmit a copy of the written proof of service of process to the sheriff with jurisdiction over the residence of the petitioner?
The law enforcement officer
Where are the monetary assessments collected by the clerk of the court for violating an injunction for protection deposited?
The Crimes Compensation Trust Fund
What is the responsibility of a law enforcement officer when investigating an alleged incident of dating violence?
To assist the victim in obtaining medical treatment if required
What must a law enforcement officer advise the victim of when investigating an alleged incident of dating violence?
Their legal rights and remedies
What must a law enforcement officer give to the victim when investigating an alleged incident of dating violence?
A notice of the legal rights and remedies available
What must be included in the written police report when investigating an alleged incident of dating violence?
A description of physical injuries observed
Why must a law enforcement officer obtain a written statement from the victim and witnesses when investigating an alleged incident of dating violence?
To build a stronger case against the suspect
What must a law enforcement agency do with the initial police report and any subsequent reports when investigating an alleged incident of dating violence?
Send a copy to the nearest locally certified domestic violence center
What is the purpose of the legal rights and remedies notice?
To advise the victim of the legal rights and remedies available
What must the legal rights and remedies notice include?
A resource listing for the area domestic violence center
What is the time period within which the law enforcement agency must send a copy of the initial police report to the nearest locally certified domestic violence center?
Within 24 hours
What is the purpose of the written police report when investigating an alleged incident of dating violence?
To compile data on dating violence cases
What constitutes a 'course of conduct' in the context of stalking?
A pattern of conduct composed of a series of acts over a period of time
What is the minimum degree of punishment for a person who commits stalking?
Misdemeanor of the first degree
What is 'cyberstalk' in the context of stalking?
To access, or attempt to access, the online accounts or Internet-connected home electronic systems of another person without that person's permission
What is the punishment for a person who commits aggravated stalking?
Felony of the third degree
What is a 'credible threat' in the context of stalking?
A verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct
What is the punishment for a person who commits stalking and has two or more prior convictions for violation of an injunction or foreign protection order?
Felony of the third degree
What is 'harass' in the context of stalking?
To engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose
What is the punishment for a person who commits aggravated stalking and makes a credible threat to another person?
Felony of the third degree
What is the minimum age of the victim for a person to commit aggravated stalking?
16 years old
What is the definition of 'conviction' in the context of stalking?
A determination of guilt which is the result of a plea or a trial
Where should a request for reimbursement be submitted?
The Office of the State Courts Administrator
What is the maximum fee that a law enforcement agency can request for serving an injunction?
$20
What is the responsibility of the clerk of the court regarding injunctions for protection against stalking?
To assist the petitioner in seeking the injunction
What is provided by the clerk of the court to assist petitioners in seeking injunctions?
Simplified petition forms
What is the clerk of the court's responsibility regarding the petitioner's privacy?
To ensure the petitioner's privacy to the extent practicable
What is the degree of felony for aggravated stalking?
Third degree
Under what circumstances may a law enforcement officer arrest a person without a warrant?
If the person has probable cause to believe has violated this section
What is the maximum duration of an order restraining the defendant from any contact with the victim?
10 years
What is the requirement for filing a petition for an injunction for protection against stalking?
The petitioner must be a victim of stalking or the parent or legal guardian of a minor child who is living at home
What is the purpose of the cause of action for an injunction for protection against stalking?
To protect the victim from further stalking
Where may a petition for an injunction for protection against stalking be filed?
In the circuit where the petitioner currently or temporarily resides, where the respondent resides, or where the stalking occurred
What is the amount of the fee that the clerk of the court may request for reimbursement for petitions for protection issued by the court?
$40
What is the purpose of the Domestic, Dating, Sexual, and Repeat Violence Injunction Statewide Verification System?
To provide a statewide repository for injunctions for protection against stalking
What is the responsibility of the clerk of the court regarding the injunction?
To maintain a record of the injunction
What may be granted in addition to other civil or criminal remedies?
An injunction for protection against stalking
What is the maximum time frame within which a full hearing for a temporary injunction must be set?
A date no later than the date when the temporary injunction ceases to be effective
What is the purpose of the relief granted by the court under subparagraph (a)4. of the section?
To protect the victim of stalking
What must a final judgment on an injunction for protection against stalking entered pursuant to this section specify?
That it is a violation of s. 790.233 and a misdemeanor of the first degree for the respondent to have in his or her care, custody, possession, or control any firearm or ammunition
Who may be present with the petitioner or respondent during any court proceedings or hearings related to the injunction for protection?
An advocate from a state attorney’s office, a law enforcement agency, a certified rape crisis center, or a certified domestic violence center
What must the clerk of the court do within 24 hours after the court issues an injunction for protection against stalking?
Electronically transmit a copy of the petition, notice of hearing, and temporary injunction to the sheriff or a law enforcement agency
What is the purpose of the recording of all proceedings under this subsection?
To provide evidence in future proceedings
What may the court grant in addition to other civil or criminal remedies?
Relief
When may a party move to modify or dissolve the injunction?
At any time
What is the purpose of the list of certified domestic violence centers, certified rape crisis centers, and other appropriate referrals provided by the court?
To provide assistance to the petitioner
What is the minimum requirement for a continuance of the hearing?
Good cause shown by any party
What is the minimum number of certified copies of the order of injunction that the clerk of the court shall provide to a petitioner?
Two
Who is responsible for providing training to the clerk of the court and appropriate staff in each county?
Florida Association of Court Clerks and Comptrollers
What is the purpose of the informational brochures made available by the clerk of the court in each county?
To educate the public about stalking
What must be included in the sworn petition for an injunction for protection against stalking?
The specific facts and circumstances for which relief is sought
What is the purpose of the sworn petition form?
To swear that the information provided is true
What information may be furnished in a separate confidential filing if the petitioner requires it to be confidential?
The petitioner's address
What is the purpose of the statewide uniform informational brochure?
To inform petitioners about the effect of giving the court false information
When must the clerk of the court distribute the statewide uniform informational brochure to petitioners?
At the time of filing for an injunction for protection against stalking
What information must the petitioner provide about previous attempts to obtain an injunction for protection against stalking?
Case numbers and results of the attempts
What must the petitioner allege in the petition to obtain an injunction for protection against stalking?
That they are a victim of stalking
What is the purpose of the statement in all capital letters and bold type at the end of the petition?
To affirm that the statements made in the petition are true and correct under penalty of perjury
What is the maximum period for which an ex parte temporary injunction can be effective?
15 days
What happens if the respondent appears at the hearing or has received reasonable notice of the hearing?
Evidence other than verified pleadings or affidavits can be used
What must the court set at the earliest possible time after the filing of the petition?
A full hearing on the petition
What is required to be included in the petition for an injunction for protection against stalking?
A description of the incidents of stalking
Within how many hours must the sheriff make information relating to the injunction available to other law enforcement agencies?
24 hours
What can the court grant if it appears that stalking exists?
A temporary injunction ex parte
What is the purpose of the notice of hearing, temporary injunction, and petition?
To serve the respondent with the petition, notice of hearing, and temporary injunction
What happens to the respondent if they are arrested by a law enforcement officer for a violation of s. 784.0487?
They are held in custody until brought before the court
What can the court do if the respondent appears at the hearing or has received reasonable notice of the hearing?
Grant such relief as the court deems proper
Who may move the court to modify or dissolve an injunction at any time?
Both the petitioner and the respondent
What happens to the affidavit if the petitioner alleges that a crime has been committed?
It is also forwarded to the appropriate law enforcement agency for investigation
What is the purpose of the policy adopted by the state attorney in each circuit under s. 741.2901(2)?
To handle stalking or cyberstalking cases
Within how many days must the local law enforcement agency complete its investigation and forward a report to the state attorney?
20 days
What happens to the assessments or fines ordered by the court enforcing an injunction?
They are collected by the clerk of the court and transferred to the State Treasury
Who assists the petitioner in preparing an affidavit in support of reporting the violation?
The office operated by the court designated by the chief judge
What happens to the injunction when it is vacated, terminated, or otherwise rendered no longer effective by a ruling of the court?
The clerk of the court notifies the sheriff, who then notifies the Department of Law Enforcement
How does the court enforce a violation of an injunction for protection against stalking?
Through a civil or criminal contempt proceeding, or the state attorney may prosecute it as a criminal violation
What is a violation of section 784.0495 considered?
A misdemeanor of the first degree
What is the punishment for culpable negligence that inflicts actual personal injury on another?
A misdemeanor of the first degree
What is the minimum age for a person to be considered a minor in the context of section 784.05?
16
What is the purpose of subsection (3) of section 784.05?
To establish a separate offense for storing or leaving a loaded firearm within the reach of a minor
What is a 'laser lighting device' as defined in section 784.062?
A handheld device that emits a laser beam to indicate a specific position or object
What is the consequence of a violation of section 784.05 by storing or leaving a loaded firearm within the reach of a minor?
A felony of the third degree
What is the purpose of section 784.0495?
To prevent mob intimidation
What is the exception to the rule that a person who violates section 784.05 by storing or leaving a loaded firearm within the reach of a minor is guilty of a felony of the third degree?
If the firearm was stored or left in a securely locked box or container
What is the punishment for a person who commits a violation of section 784.05 by inflicting actual personal injury on another?
A misdemeanor of the first degree
What is the condition for a violation of section 784.05 to be considered a felony of the third degree?
If the minor obtains the firearm and uses it to inflict injury or death upon themselves or another person
Who is considered an emergency medical care provider under Florida law?
Any person authorized by an emergency medical service licensed under chapter 401
What is the punishment for a person who knowingly and willfully shines a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft?
A felony of the third degree
What is the definition of a 'law enforcement explorer' under Florida law?
A current member of a law enforcement agency's explorer program
Who is included in the definition of 'law enforcement officer' under Florida law?
A range of individuals, including law enforcement officers, correctional officers, and federal law enforcement officers
What is the punishment for a person who knowingly and willfully shines a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft and causes bodily injury?
A felony of the second degree
Who is considered a 'public transit employee or agent' under Florida law?
A range of individuals, including bus operators, train operators, revenue collectors, and security personnel
What is the punishment for a person who knowingly and willfully shines a laser lighting device at a law enforcement officer?
A noncriminal violation
What is the definition of a 'firefighter' under Florida law?
Any person who is employed by any public employer to extinguish fires, protect life or property, or enforce fire prevention codes
What is the punishment for a person who commits a battery on a law enforcement officer?
The punishment is specified in s. 784.07
Who is included in the definition of 'law enforcement officer' under s. 943.10?
A range of individuals, including law enforcement officers, correctional officers, and federal law enforcement officers
What is the reclassification of an assault upon a law enforcement officer, firefighter, or emergency medical care provider?
From a misdemeanor of the second degree to a misdemeanor of the first degree
What is the minimum term of imprisonment for a person convicted of aggravated battery upon a law enforcement officer?
5 years
Who is included in the definition of a railroad special officer?
A person employed by a Class I, Class II, or Class III railroad and appointed or pending appointment by the Governor
What is the reclassification of a battery upon a law enforcement officer, firefighter, or emergency medical care provider?
From a misdemeanor of the first degree to a felony of the second degree
What is the minimum term of imprisonment for a person convicted of battery upon a law enforcement officer committed in furtherance of a riot or an aggravated riot?
6 months
What is the ranking for a felony violation of aggravated battery committed in furtherance of a riot or an aggravated riot?
One level above the ranking under s. 921.0022
What is the minimum term of imprisonment for a person convicted of aggravated assault upon a law enforcement officer?
3 years
What is the reclassification of an aggravated assault upon a law enforcement officer, firefighter, or emergency medical care provider?
From a felony of the second degree to a felony of the first degree
What is the minimum term of imprisonment for a person convicted of aggravated battery of a law enforcement officer?
5 years
What happens if a person is convicted of battery upon a law enforcement officer and, during the commission of the offense, possessed a semiautomatic firearm and its high-capacity detachable box magazine?
The person shall be sentenced to a minimum term of imprisonment of 8 years
What is included in the definition of an 'image' according to this section?
Photographs, pictures, motion pictures, films, videos, and representations
Within how many working days must the state attorney determine whether to file criminal charges or prepare a motion for an order to show cause?
30 working days
What is the purpose of safeguarding the psychological well-being and privacy interests of persons depicted in sexually explicit images?
To protect the privacy and dignity of the individuals depicted
What is the consequence of willfully violating an injunction for protection against stalking or cyberstalking?
Misdemeanor of the first degree
What is the consequence of willfully violating an injunction for protection against stalking or cyberstalking with two or more prior convictions?
Felony of the third degree
What is the consequence of publishing a sexually explicit image of a person without their consent?
It is a violation of the person's privacy and can cause emotional distress
What is the punishment for a person who willfully and maliciously sexually cyberharasses another person?
A misdemeanor of the first degree
What is the term for 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
What is the requirement for a law enforcement officer to arrest a person suspected of violating this section?
Probable cause
What may be awarded to a person who suffers an injury or loss as a result of a violation of an injunction for protection against stalking or cyberstalking?
Economic damages
What is the purpose of the civil action provided for in this section?
To provide relief to the aggrieved person
What is the purpose of publishing a sexually explicit image of another person without their consent?
To cause substantial emotional distress
What is a common practice that is becoming more prevalent according to the Legislature?
Publishing intimate images without consent
What is excluded from the criminal and civil penalties of this section?
All of the above
What is the minimum amount of monetary damages that can be awarded to an aggrieved person?
$10,000 or actual damages
What is the result of a person willfully violating an injunction for protection against stalking or cyberstalking by committing an act of stalking?
Misdemeanor of the first degree
What is the result of a person willfully violating an injunction for protection against stalking or cyberstalking by refusing to surrender firearms or ammunition?
Misdemeanor of the first degree
What is the purpose of a search warrant issued under this section?
To search for evidence of a violation of this section
What is the definition of 'sexually explicit image'?
An image depicting nudity or sexual conduct
What is the court's responsibility regarding a petition for an injunction for protection against stalking or cyberstalking?
To issue an injunction to protect the petitioner
What happens when a person who is being detained in a prison, jail, or other detention facility is charged with committing an assault or aggravated assault upon any visitor to the detention facility or upon any other detainee in the detention facility?
The offense is reclassified to a higher degree felony.
What is the reclassification of an aggravated battery offense when committed by a person who is being detained in a prison, jail, or other detention facility?
From a felony of the second degree to a felony of the first degree.
What is the reclassification of an aggravated assault offense when committed by a person who is being detained in a prison, jail, or other detention facility?
From a felony of the third degree to a felony of the second degree.
What is the reclassification of a battery offense when committed by a person who is being detained in a prison, jail, or other detention facility?
From a misdemeanor of the first degree to a felony of the third degree.
What happens when a person is charged with committing an assault or aggravated assault upon any visitor to the detention facility or upon any other detainee in the detention facility?
The offense is reclassified to a higher degree felony.
What is the statutory section that deals with assault or battery by a person who is being detained in a prison, jail, or other detention facility?
s. 784.082
What is the purpose of the blue alert system?
All of the above
What is the punishment for a person who commits battery on a juvenile probation officer?
Felony of the third degree
What is the condition for activating the blue alert system?
All of the above
What happens when a traffic emergency arises requiring that information pertaining to the traffic emergency be displayed on a highway message sign?
The blue alert information is replaced by the traffic emergency information
Who is included in the definition of a staff member of a facility?
Persons employed by the Department of Juvenile Justice, persons employed at facilities licensed by the Department of Juvenile Justice, and persons employed at facilities operated under a contract with the Department of Juvenile Justice
What is the minimum term of imprisonment for a person convicted of aggravated assault or aggravated battery upon a person 65 years of age or older?
3 years
What is the term used to describe services provided by health services personnel?
All of the above
What is the reclassification of an aggravated battery offense when committed against a staff member of a sexually violent predators detention or commitment facility?
From a felony of the second degree to a felony of the first degree
What is the punishment for a juvenile who commits battery upon a person who provides health services?
Felony of the third degree
What is the reclassification of an aggravated assault offense when committed against a staff member of a sexually violent predators detention or commitment facility?
From a felony of the third degree to a felony of the second degree
What happens to the offense of aggravated assault when committed against a person 65 years of age or older?
It is reclassified as a felony of the first degree
What is the reclassification of a battery offense when committed against a staff member of a sexually violent predators detention or commitment facility?
From a misdemeanor of the first degree to a felony of the third degree
What is the term for a person who serves as a referee, umpire, or linesman in a sports event?
Sports official
What is the term used to describe the act of throwing, tossing, or expelling certain fluids or materials?
Battery
What is the facility type that includes state correctional institutions, private correctional facilities, and county, municipal, or regional jails?
Facility
What happens to the offense of battery when committed against a sports official?
It is reclassified as a felony of the third degree
Why is the blue alert system activated?
All of the above
What information is disseminated to the public through the blue alert system?
All of the above
What is the requirement for a person to be charged with aggravated assault or aggravated battery against a sports official?
The person must know the identity or position of the victim as a sports official
What is the term used to describe a person who is employed by or performing contractual services for a public or private entity operating a facility?
Employee
What is the purpose of the blue alert system in relation to the missing law enforcement officer?
All of the above
What is the additional requirement for an assault or aggravated assault to be reclassified when committed against a sports official?
The offense must be committed during an athletic contest or immediately following the contest
What is the punishment for a person who commits battery of a facility employee by throwing, tossing, or expelling certain fluids or materials?
Felony of the third degree
What is the penalty for a person convicted of aggravated assault or aggravated battery upon a person 65 years of age or older?
A fine of up to $10,000
What is the term used to describe a person who provides health services, including alcohol treatment, drug abuse treatment, and mental health services?
Health services personnel
What is the consequence of a traffic emergency arising when the blue alert system is activated?
The blue alert information is replaced by the traffic emergency information
What is the term used to describe a facility that is operated and maintained by the Department of Corrections or the Department of Juvenile Justice?
Secure facility
What is the additional requirement for a person convicted of aggravated assault or aggravated battery upon a person 65 years of age or older?
They must serve up to 500 hours of community service
What is the purpose of the reclassification of offenses against certain officials or employees?
To provide additional protection for certain individuals
What happens to the sentence or fine imposed on a person convicted of aggravated assault or aggravated battery upon a person 65 years of age or older?
It is not suspended, deferred, or withheld
Who must certify an electronic copy of an injunction?
The clerk of the court
What must be done to an electronic copy of an injunction before serving it on the respondent?
It must be verified with the sender
Who may authorize a law enforcement agency to effect service of an injunction?
The chief judge of each circuit
What must a law enforcement officer do when accepting a copy of an injunction from a petitioner?
Immediately serve it upon the respondent
How must an order issued, changed, continued, extended, or vacated be delivered to the parties?
By certified mail
What must the clerk of the court do within 24 hours of issuing an injunction for protection against stalking?
Electronically transmit a certified copy to the sheriff
What must the law enforcement officer do within 24 hours of serving an injunction for protection against stalking?
Electronically transmit written proof of service to the clerk of the court
What is the responsibility of the clerk of the court regarding the injunction?
To prepare a written certification to be placed in the court file
Under what circumstances may a subsequent petition for injunction seeking an extension of time be served on the respondent?
By certified mail
What is the requirement for service by mail?
It is complete upon mailing
Study Notes
Assault and Battery
- An "assault" is an intentional, unlawful threat by word or act to do violence to another person, with an apparent ability to do so, creating a well-founded fear of imminent violence.
- A person who assaults another person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Aggravated Assault
- An "aggravated assault" is an assault with a deadly weapon without intent to kill, or with an intent to commit a felony.
- A person who commits aggravated assault commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Battery
- The offense of battery occurs when a person:
- Actually and intentionally touches or strikes another person against their will.
- Intentionally causes bodily harm to another person.
- A person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Felony Battery
- A person who commits felony battery if they:
- Actually and intentionally touch or strike another person against their will, and cause great bodily harm, permanent disability, or permanent disfigurement.
- A person who commits felony battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Action by Victim of Repeat Violence, Sexual Violence, or Dating Violence
- A person who is a victim of repeat violence, sexual violence, or dating violence has standing in the circuit court to file a sworn petition for an injunction for protection against repeat violence, sexual violence, or dating violence.
- The sworn petition must allege the incidents of repeat violence, sexual violence, or dating violence and include specific facts and circumstances that form the basis upon which relief is sought.
- The court may grant a temporary injunction ex parte, pending a full hearing, and may grant such relief as the court deems proper, including an injunction enjoining the respondent from committing any acts of violence.### Law Enforcement and Injunctions
- A law enforcement officer must accept a copy of an injunction for protection against repeat violence, sexual violence, or dating violence, certified by the clerk of the court, from the petitioner and immediately serve it upon a respondent who has been located but not yet served.
- The Domestic, Dating, Sexual, and Repeat Violence Injunction Statewide Verification System is created within the Department of Law Enforcement to electronically transmit information to and between criminal justice agencies relating to domestic violence injunctions.
Electronic Transmission of Injunctions
- The clerk of the court must electronically transmit a copy of the injunction to the sheriff with jurisdiction over the residence of the petitioner within 24 hours after the court issues an injunction for protection.
- The law enforcement officer must electronically transmit the written proof of service of process to the sheriff with jurisdiction over the residence of the petitioner within 24 hours after service of process.
- The sheriff must make information relating to the injunction available to other law enforcement agencies by electronically transmitting such information to the department within 24 hours after receiving a certified copy of the injunction.
Notification of Service
- The Florida Association of Court Clerks and Comptrollers shall develop an automated process by which a petitioner may request notification of service of the injunction for protection.
- The automated notice must be made within 12 hours after the sheriff or other law enforcement officer serves the injunction upon the respondent.
- The notification must include, at a minimum, the date, time, and location where the injunction for protection was served.
Enforcement of Injunctions
- The court shall enforce, through a civil or criminal contempt proceeding, a violation of an injunction for protection.
- The court may enforce the respondent's compliance with the injunction by imposing a monetary assessment.
- A law enforcement officer who investigates an alleged incident of dating violence shall assist the victim to obtain medical treatment and advise the victim of the legal rights and remedies available.
Investigation and Arrest
- A law enforcement officer who determines upon probable cause that an act of dating violence has been committed within the jurisdiction may arrest the person or persons suspected of its commission.
- The officer shall evaluate each complaint separately to determine whether there is probable cause for arrest.
- The officer shall try to determine who was the primary aggressor and arrest is the preferred response only with respect to the primary aggressor.
Penalties for Violating Injunctions
- A person who willfully violates an injunction for protection against repeat violence, sexual violence, or dating violence commits a misdemeanor of the first degree.
- A person who has two or more prior convictions for violation of an injunction or foreign protection order and who subsequently commits a violation of any injunction or foreign protection order against the same victim commits a felony of the third degree.
Stalking
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A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking.
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A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the offense of aggravated stalking.
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A person who, after an injunction for protection against repeat violence, sexual violence, or dating violence, or an injunction for protection against domestic violence, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of aggravated stalking.### Reimbursement for Petitions
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The Clerk of the Circuit Court can submit a certified request for reimbursement to the Office of the State Courts Administrator on a quarterly basis.
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The reimbursement is for petitions for protection against stalking issued by the court, at a rate of $40 per petition.
Fees and Payment
- The Clerk shall pay any law enforcement agency serving the injunction a fee requested by the agency, but not exceeding $20.
- The fee is paid from the reimbursement received from the Office of the State Courts Administrator.
Entry of Injunction
- A bond is not required by the court for the entry of an injunction.
Clerk's Assistance
- The Clerk of the Court shall assist petitioners in seeking both injunctions for protection against stalking and enforcement of a violation thereof.
- The Clerk shall provide simplified petition forms for the injunction and any modifications, including instructions for completion.
- The Clerk shall ensure the petitioner's privacy to the extent practicable while completing the forms for an injunction for protection against stalking.
Injunction for Protection Against Stalking
- A petitioner may request an injunction for protection against stalking by filing a sworn petition alleging stalking and including specific facts and circumstances.
- The petition must include the following:
- Petitioner's residence and contact information (may be confidential)
- Respondent's residence, place of employment, and physical description
- Description of previous attempts to obtain an injunction and results
- Specific incidents of stalking, including dates, locations, and details
- Request for relief, including restraining respondent from committing acts of stalking
Clerk of the Court Responsibilities
- Provide petitioner with at least two certified copies of the order of injunction
- Inform petitioner of the process for service and enforcement
- Receive training in assisting petitioners
Hearing and Temporary Injunction
- Court sets a hearing at the earliest possible time
- Respondent must be personally served with a copy of the petition, notice of hearing, and temporary injunction
- Court may grant a temporary injunction ex parte, pending a full hearing, and may grant relief deemed proper
- Temporary injunction is effective for a fixed period not to exceed 15 days
Final Judgment and Relief
- Upon notice and hearing, court may grant relief deemed proper, including:
- Restraining respondent from committing acts of stalking
- Ordering respondent to participate in treatment, intervention, or counseling
- Referring petitioner to appropriate services
- Ordering other relief necessary for protection
- Terms of the injunction remain in effect until modified or dissolved
- Either party may move to modify or dissolve the injunction at any time
Service and Enforcement
- Clerk of the court must electronically transmit a copy of the petition, notice of hearing, and temporary injunction to the sheriff or law enforcement agency
- Sheriff or law enforcement agency must serve the respondent as soon as possible
- Clerk of the court must notify the sheriff of any subsequent orders or modifications
Modification and Dissolution
- Petitioner or respondent may move the court to modify or dissolve the injunction at any time
- Court may grant relief deemed proper
Violation of Injunction
- Violation of an injunction for protection against stalking is punishable as a misdemeanor of the first degree
- If the respondent is arrested, they must be held in custody until brought before the court
- Petitioner may contact the clerk of the circuit court for assistance in preparing an affidavit in support of reporting the violation### Florida Statutes: Assault, Battery, and Cyberharassment
784.048 Violation of an injunction for protection against stalking or cyberstalking
- A person who suffers an injury or loss due to a violation of an injunction for protection against stalking or cyberstalking may be awarded economic damages, including costs and attorney fees.
- Damages are payable by the person who committed the violation.
784.049 Sexual Cyberharassment
- The legislature finds that a person depicted in a sexually explicit image taken with their consent may retain a reasonable expectation of privacy, despite sharing the image with another person.
- Sexual cyberharassment is defined as publishing a sexually explicit image of a person without their consent, with the intent of causing substantial emotional distress.
- A person who commits sexual cyberharassment commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
- A person who has a prior conviction for sexual cyberharassment and commits a second or subsequent violation commits a felony of the third degree.
784.05 Culpable Negligence
- Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree.
- Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree.
- A person who violates this section by storing or leaving a loaded firearm within the reach of a minor and the minor obtains the firearm and uses it to inflict injury or death commits a felony of the third degree.
784.062 Misuse of Laser Lighting Devices
- Any person who knowingly and willfully shines a laser lighting device at a law enforcement officer, engaged in the performance of their duties, commits a noncriminal violation.
- Any person who knowingly and willfully shines a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft commits a felony of the third degree.
784.07 Assault or Battery of Law Enforcement Officers
- A person who knowingly commits an assault or battery upon a law enforcement officer, firefighter, emergency medical care provider, or other specified officers while they are engaged in the lawful performance of their duties is guilty of a reclassified offense.
- The offense for which the person is charged is reclassified as follows:
- Assault: from a misdemeanor of the second degree to a misdemeanor of the first degree.
- Battery: from a misdemeanor of the first degree to a felony of the third degree.
- Aggravated assault: from a felony of the third degree to a felony of the second degree.
- Aggravated battery: from a felony of the second degree to a felony of the first degree.
784.071 Assault or Battery on a Law Enforcement Officer; Blue Alert
- The Department of Law Enforcement, in cooperation with other agencies, shall activate the emergency alert system and issue a blue alert if:
- A law enforcement officer has been killed, seriously injured, or assaulted with a deadly weapon.
- A law enforcement officer is missing while in the line of duty under circumstances evidencing concern for the officer's safety.
- The suspect has fled the scene of the offense.
- The law enforcement agency investigating the offense determines that the suspect poses an imminent threat to the public or to other law enforcement officers.### Blue Alert
- A blue alert shall be disseminated to the public through the emergency alert system by broadcasting the alert on television, radio, and dynamic message signs along state highways.
- If a traffic emergency arises, the agency responsible for displaying information on the highway message sign is not in violation of this section.
Assault or Battery on Sexually Violent Predators Detention or Commitment Facility Staff
- A person who commits an assault or battery on a staff member of a sexually violent predators detention or commitment facility while the staff member is engaged in their lawful duties can be charged with reclassified offenses.
- Reclassification of offenses:
- Aggravated battery: from a felony of the second degree to a felony of the first degree.
- Aggravated assault: from a felony of the third degree to a felony of the second degree.
- Battery: from a misdemeanor of the first degree to a felony of the third degree.
- Assault: from a misdemeanor of the second degree to a misdemeanor of the first degree.
Battery on Detention or Commitment Facility Staff or a Juvenile Probation Officer
- A person who commits a battery on a juvenile probation officer or staff member of a detention center or facility commits a felony of the third degree.
- A staff member of the facilities listed includes persons employed by the Department of Juvenile Justice, persons employed at facilities licensed by the Department of Juvenile Justice, and persons employed at facilities operated under a contract with the Department of Juvenile Justice.
Battery on Health Services Personnel
- A juvenile who has been committed to or detained by the Department of Juvenile Justice and commits battery upon a person who provides health services commits a felony of the third degree.
- Health services include preventive, diagnostic, curative, or rehabilitative services, and also alcohol treatment, drug abuse treatment, and mental health services.
Battery of Facility Employee by Throwing, Tossing, or Expelling Certain Fluids or Materials
- A person who commits battery on a facility employee by throwing, tossing, or expelling certain fluids or materials, such as blood, masticated food, regurgitated food, saliva, seminal fluid, or urine or feces, commits a felony of the third degree.
- A facility employee includes any person employed by or performing contractual services for a public or private entity operating a facility.
Assault or Battery on Persons 65 Years of Age or Older
- A person who is convicted of an aggravated assault or aggravated battery upon a person 65 years of age or older shall be sentenced to a minimum term of imprisonment of 3 years and fined not more than $10,000.
- The offense for which the person is charged shall be reclassified as follows:
- Aggravated battery: from a felony of the second degree to a felony of the first degree.
- Aggravated assault: from a felony of the third degree to a felony of the second degree.
- Battery: from a misdemeanor of the first degree to a felony of the third degree.
- Assault: from a misdemeanor of the second degree to a misdemeanor of the first degree.
Assault or Battery on Specified Officials or Employees
- A person who commits an assault or battery on an elected official or employee of a school district, private school, the Florida School for the Deaf and the Blind, a university lab school, a state university, or any other entity of the state system of public education, a sports official, or an employee of the Department of Children and Families, the Department of Health, or its direct service contract providers, can be charged with reclassified offenses.
- Reclassification of offenses:
- Aggravated battery: from a felony of the second degree to a felony of the first degree.
- Aggravated assault: from a felony of the third degree to a felony of the second degree.
- Battery: from a misdemeanor of the first degree to a felony of the third degree.
- Assault: from a misdemeanor of the second degree to a misdemeanor of the first degree.
Assault or Battery by a Person Who is Being Detained in a Prison, Jail, or Other Detention Facility
- A person who is being detained in a prison, jail, or other detention facility and commits an assault or battery on a visitor or another detainee can be charged with reclassified offenses.
- Reclassification of offenses:
- Aggravated battery: from a felony of the second degree to a felony of the first degree.
- Aggravated assault: from a felony of the third degree to a felony of the second degree.
- Battery: from a misdemeanor of the first degree to a felony of the third degree.
This quiz covers the definition and punishment of assault, including the elements of intentional and unlawful threats and the creation of well-founded fear. Learn about the degrees of misdemeanor and the relevant statutes.
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