Florida Law: Disorderly Intoxication
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Questions and Answers

What is the punishment for deserting one's wife and children in the state?

  • Felony of the third degree (correct)
  • Misdemeanor of the first degree
  • Felony of the second degree
  • Misdemeanor of the second degree

    • Who can be prosecuted for desertion in the state?

  • Only mothers
  • All mothers and fathers
  • Only fathers
  • Both mothers and fathers, except husbands with grounds for dissolution of marriage (correct)

    • What is considered a child for the purposes of this statute?

  • Only adopted children
  • Only biological children
  • Biological and adopted children, as well as children born out of wedlock (correct)
  • Only children born in wedlock

    • What is the condition for a husband to be exempt from prosecution for desertion?

    <p>If he has grounds for dissolution of marriage</p> Signup and view all the answers

    What is the penalty for a mother who deserts her child?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the criterion for a man to be considered the father of a child born out of wedlock?

    <p>If he has been adjudged or decreed to be the father by a court</p> Signup and view all the answers

    What is the primary condition for a person to be subject to the loitering and prowling law?

    <p>The person has a prior conviction for a crime against a minor.</p> Signup and view all the answers

    What is the distance restriction from a place where children congregate for a person described in subsection (1)?

    <p>300 feet</p> Signup and view all the answers

    What is the punishment for violating this section?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    Who can arrest a suspected loiterer or prowler without a warrant?

    <p>Any sheriff, police officer, or other law enforcement officer</p> Signup and view all the answers

    What is the exception to the loitering and prowling law for a person described in subsection (1) regarding voting?

    <p>The person can vote at a polling station that is a child care facility or school</p> Signup and view all the answers

    What is the purpose of the notification requirement for a person described in subsection (1) in a child care facility or school?

    <p>To ensure the safety of children in the facility or school</p> Signup and view all the answers

    What is the definition of a 'school official' in this statute?

    <p>A principal, school resource officer, teacher, or any other employee of the school</p> Signup and view all the answers

    What is the exception to the loitering and prowling law for a person described in subsection (1) regarding their own children or grandchildren?

    <p>The person can drop off or pick up their own children or grandchildren at a child care facility or school</p> Signup and view all the answers

    What is the condition for a person to be exempt from the loitering and prowling law?

    <p>The person has been removed from the requirement to register as a sexual offender</p> Signup and view all the answers

    What is the purpose of the statute?

    <p>To protect children from loitering and prowling</p> Signup and view all the answers

    What is the penalty for a person who has been convicted or forfeited collateral under the provisions of disorderly intoxication three times in the preceding 12 months?

    <p>Commitment to a treatment resource for up to 60 days</p> Signup and view all the answers

    What is the definition of an 'alcoholic beverage' according to Florida law?

    <p>A beverage containing 0.5 percent or more alcohol by volume</p> Signup and view all the answers

    What is the definition of a 'minor' according to Florida law?

    <p>An individual not legally permitted by reason of age to possess alcoholic beverages</p> Signup and view all the answers

    What is the penalty for a person who violates the provisions of disorderly intoxication?

    <p>A misdemeanor of the second degree</p> Signup and view all the answers

    What is the definition of 'control' according to Florida law?

    <p>The authority to regulate, direct, or dominate</p> Signup and view all the answers

    What is the purpose of a law enforcement officer taking an intoxicated person to a public or private health facility?

    <p>To protect the individual and others from harm</p> Signup and view all the answers

    What is the definition of an 'open house party' according to Florida law?

    <p>A social gathering at a private residence</p> Signup and view all the answers

    What is the definition of a 'person' according to Florida law?

    <p>An individual 18 years of age or older</p> Signup and view all the answers

    What is considered a 'residence' according to the law?

    <p>A home, apartment, condominium, or other dwelling unit</p> Signup and view all the answers

    What is the penalty for a person who violates the provision of allowing an open house party to take place with minors consuming alcohol or drugs?

    <p>Misdemeanor of the second degree</p> Signup and view all the answers

    Under what circumstances may an open house party with minors consuming alcohol or drugs be allowed?

    <p>At legally protected religious observances or activities</p> Signup and view all the answers

    What happens if a person violates the provision of allowing an open house party to take place with minors consuming alcohol or drugs for a second or subsequent time?

    <p>The penalty is increased to a misdemeanor of the first degree</p> Signup and view all the answers

    What is the consequence if a violation of the provision of allowing an open house party to take place with minors consuming alcohol or drugs causes serious bodily injury or death?

    <p>The penalty is increased to a misdemeanor of the first degree</p> Signup and view all the answers

    What is loitering or prowling?

    <p>Loitering or prowling in a place, at a time or in a manner not usual for law-abiding individuals</p> Signup and view all the answers

    What is a circumstance that may be considered in determining whether a person's loitering or prowling warrants alarm or immediate concern?

    <p>The fact that the person takes flight upon appearance of a law enforcement officer</p> Signup and view all the answers

    What is the penalty for a person who violates the provision of loitering or prowling?

    <p>Misdemeanor of the second degree</p> Signup and view all the answers

    Study Notes

    Disorderly Intoxication

    • In Florida, it is illegal to be intoxicated in a public place and endanger the safety of another person or property.
    • A person who violates this law can be guilty of a misdemeanor of the second degree.

    Open House Parties

    • It is illegal for a person in control of a residence to allow an open house party to take place where minors are consuming alcohol or drugs.
    • A person who violates this law can be guilty of a misdemeanor of the second degree, and subsequent violations can be classified as a misdemeanor of the first degree.
    • If the violation causes or contributes to serious bodily injury or death to a minor, the violation is a misdemeanor of the first degree.

    Loitering or Prowling

    • It is illegal to loiter or prowl in a place, at a time, or in a manner that is not usual for law-abiding individuals, and causes justifiable alarm or immediate concern for the safety of persons or property in the vicinity.
    • A person who violates this law can be guilty of a misdemeanor of the second degree.

    Loitering or Prowling by Certain Offenders

    • This section applies to offenders convicted of certain crimes against minors, such as sexual offenses, and prohibits them from loitering or prowling near places where children congregate.
    • Violators can be guilty of a misdemeanor of the first degree.

    Arrest without Warrant

    • Law enforcement officers can arrest suspected loiterers or prowlers without a warrant if delay in procuring one would enable the suspect to escape arrest.

    Desertion and Withholding Support

    • Any person who deserts their spouse or child, or withholds support from them, can be guilty of a felony of the third degree.
    • However, a husband cannot be prosecuted for deserting his wife or withholding support if there is an existing cause for dissolution of marriage.

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    Test your knowledge of Florida law regarding disorderly intoxication in public places and its consequences.

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