Questions and Answers
Which term refers to a person 18 years old or older, a resident of a state, whose location has not been determined and is reported missing?
A person younger than 18, a resident of a state, with a location not determined, who is reported missing, is referred to as which of the following? a) missing youth b) missing child c) missing endangered person d) runaway child
What is the term for a missing child, an adult under 26, an adult over 26 who is a victim of a crime, or a missing adult under a silver alert?
A report that a child or adult is missing must be accepted by the ___. a) The police b) LE agency having jurisdiction in the area last seen c) FDLE
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Upon filing a missing person report, the law enforcement agency has _ hours to report to NCIC/FCIC.
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If a missing person is not located within __ days after the report is filed, the law enforcement agency will obtain DNA.
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Missing person not located within __ days of report. LE agency shall get dental records.
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What Chapter of Florida Statutes covers Landlord & Tenant? a) 48 b) 83 c) 112 d) 90
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Termination of tenancy; how many days' notice are required for a year-to-year tenancy?
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Termination of tenancy; how many days' notice is required for a month-to-month tenancy?
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Termination of tenancy; how many days' notice is required for a week-to-week tenancy?
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When a lease expires and the tenant remains in the property, does the payment or acceptance of rent imply lease renewal?
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When does the landlord have a right of possession after a tenant fails to pay rent? A) Action for possession 83.20 is determined via courts B) Tenant has surrendered possession of the rented premises C) Tenant has abandoned the rented premises D) All of the above
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When can a landlord demand double rent from a tenant? a) Tenant refuses to give up possession at the end of the lease b) only with a court order c) Only during Passover on a leap year d) Only when wearing underwear with openings.
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According to F.S. 82.30, what are the causes for removal of tenants? (Select all that apply)
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How many days does the landlord have to make repairs before rent may be withheld? a) 7 days after written notice served b) 10 days after written notice served c) 20 days after written notice served
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What is the number of attempts to serve eviction before it can be posted on the conspicuous part of the premise?
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If a dwelling is furnished as an incident of employment, how is the duration of tenancy determined?
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According to FS.83.51, how often must landlords repair or replace window screens on rental property?
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Landlords must provide _ days' written notice for pest control, and tenants must vacate for how long?
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What is considered reasonable notice for a landlord to enter a dwelling for repairs?
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A landlord may enter to protect/preserve the property under any of the following circumstances, except:
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If a landlord fails to comply with a rental agreement within _ days after being served notice, the tenant may: a) 3 days written notice; terminate the rental agreement b) 30 days written notice; terminate the rental agreement c) 15 days written notice; terminate the rental agreement d) 7 days written notice; terminate the rental agreement
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What action by a tenant constitutes noncompliance with a rental agreement?
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How many days must a landlord provide a tenant to remedy noncompliance?
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What is the time frame for a landlord to terminate a lease if a tenant fails to pay rent?
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What is the maximum period a tenant may remain in the property after receiving written notice of termination due to foreclosure?
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Which notice period for termination of a quarter-to-quarter tenancy is correct?
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If a tenant remains on the property after the rental agreement expires, what is the potential financial liability?
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Self-service storage may deny tenant access to personal property after _ days w/o notice?
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What is the notice requirement for a tenant who is in arrears for payment?
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What must a landlord do when property is left behind by a tenant?
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How long does a landlord have to claim property left behind by a tenant after delivery or mailing of notification?
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What is the liability of a landlord who interrupts utilities or changes locks?
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In the case of a landlord violating prohibited practices, what must be provided?
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How often must a landlord repair or replace window screens on rental property?
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How many days after a written notice of termination may a tenant remain on the property due to foreclosure?
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What is the correct notice period for a month-to-month tenancy termination?
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What additional rent liability does a tenant incur if they remain on the property after the agreement expires without giving notice?
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How many days’ notice is required for eviction when the tenant pays on a weekly basis?
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If no time is specified in a written rental agreement, which notice duration applies?
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After how many days without notice can self-service storage deny access to a tenant's personal property?
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Under what condition can a landlord enter a dwelling while the tenant is absent?
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What does probable cause require from an officer regarding the likelihood of a crime having occurred?
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Which statement best describes the nature of probable cause?
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How should officers assess evidence when determining probable cause?
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Which of the following is NOT a requirement for establishing probable cause?
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What is the primary difference between probable cause and absolute certainty?
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What additional factor typically contributes to establishing probable cause when a suspect flees?
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Which scenario would least likely provide probable cause for an officer to pursue an arrest?
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What does probable cause require in the context of law enforcement?
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In what situation would an officer likely NOT have probable cause?
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What is crucial to consider when determining probable cause in an arrest situation?
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Under the Florida Stop and Frisk Law, what is the primary purpose of temporarily detaining an individual?
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What is the maximum duration for which a person can be temporarily detained under the Florida Stop and Frisk Law?
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Where must the temporary detention of a person occur under the Florida Stop and Frisk Law?
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Which of the following actions can trigger a temporary detention under the Florida Stop and Frisk Law?
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What must law enforcement officers have to initiate a temporary detention under the Florida Stop and Frisk Law?
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Study Notes
Tenant Noncompliance
- Noncompliance examples include property damage, misuse, or unreasonable disturbances.
- Unauthorized pets, guests, or vehicles on premises qualify as noncompliance.
- Poor cleanliness or sanitation of the property is considered a violation.
Noncompliance Notice
- Landlords must provide a tenant with a notice to address noncompliance within a specified timeframe.
- Common notice periods to remedy noncompliance are 3, 7, 10, or 30 days.
Failure to Pay Rent
- If a tenant fails to pay rent and the default continues, the landlord may terminate the lease after a specific number of days.
- Potential time frames for termination after a written demand for payment include 3, 7, 30, or 90 days.
Foreclosure and Tenant Rights
- Tenants can remain on the property for a designated period after receiving a written notice of termination due to foreclosure.
- Typical durations for this grace period are 7, 15, 30, or 60 days.
Termination of Tenancy
- Various terms apply for termination of tenancy without specific contracts.
- Year-to-year tenancies require at least 60 days' notice, while quarter-to-quarter needs 30 days.
- Month-to-month agreements necessitate a 15 days’ notice; week-to-week requires a 7 days’ notice.
- It is essential to note that all these statements are true.
Holdover Tenants
- If a tenant stays on the property after the rental agreement ends without notifying the landlord, consequences occur.
- Financial penalties to the landlord could range from an additional 1 month to 3 months' rent.
Self-Service Storage
- Access to personal property in self-service storage facilities can be denied after a delay without notice.
- Time frames often include 5, 7, 30, or 90 days from when rent is due.
Eviction Notices
- Different eviction notice lengths apply for tenants who are in arrears regarding payment.
- Notice periods can vary, including options of 3, 15, 21, or 30 days for eviction.
Foreclosure and Tenant Rights
- A tenant may remain on the property for 30 days after delivery of written notice of termination.
- For termination of tenancy without specific terms, a year-to-year agreement requires no less than 60 days’ notice, while other periodic agreements have different notice periods.
- Month-to-month tenancy requires a 15 days' notice for termination.
Tenant Responsibilities After Agreement Expiry
- If a tenant remains on the property after the lease agreement expires and fails to notify the landlord, they are liable for an additional 1 month of rent.
Self-Service Storage Regulations
- Self-service storage landlords can deny tenant access to personal property after 5 days without notice from the due date of rent.
Eviction Notice Requirements
- For tenants who are in arrears, a 3-day notice is required to evict.
- Tenants who pay weekly must receive a 7-day notice to evict.
- Tenants who pay monthly require a 30-day notice to evict.
- If no time is specified in the written agreement, a 30-day notice applies for termination.
Handling Property Left Behind by Tenant
- Landlords must inform the tenant by letter about the location and storage fees of the property left behind and specify a date by which the property must be claimed, which is typically 15 days from delivery or mailing.
- Landlords are held accountable for the safekeeping of abandoned property.
Landlord’s Entry and Actions
- A landlord may enter the dwelling when the tenant is absent without prior notice for a period equal to one-half the time for periodic rental payments.
- Landlords who interrupt utilities, change locks, or remove property may be liable for damages or 3 months’ rent.
Legal Violations and Remedies
- A deputy finding a landlord has violated FS.637.0.6 (prohibited practices) must secure documentation to support claims against the landlord.
- Violations and remedies related to these practices are civil in nature.
Tenant Noncompliance with Rental Agreement
- Noncompliance includes property damage, unreasonable disturbances, unauthorized pets, guests, or vehicles.
- Tenants must maintain cleanliness and sanitation of the premises.
Noncompliance Notice
- Landlord must issue a noncompliance notice requiring remedy within a specified timeframe, typically 3 to 30 days.
Nonpayment of Rent
- Failure to pay rent allows landlords to terminate the lease if default continues beyond a specified number of days, usually ranging from 3 to 30 days after a written demand for payment is delivered.
Foreclosure Notice
- Tenants may remain on the property for a defined period (often 7, 15, or 30 days) after receiving a notice of termination due to foreclosure.
Termination of Tenancy
- Notice requirements vary based on the type of tenancy:
- Year-to-year: 60 days’ notice required
- Quarter-to-quarter: 30 days’ notice
- Month-to-month: 15 days’ notice
- Week-to-week: 7 days’ notice
Overstaying After Agreement Expiry
- Tenants who remain after the lease expires without notifying the landlord can be liable for additional rent, generally 1 to 3 months.
Self-Service Storage Access
- Tenants may be denied access to personal belongings if rent is overdue by a set number of days, typically ranging from 5 to 90 days.
Eviction Notice Requirements
- Eviction notices for tenants in arrears can require a notice period ranging from 3 to 30 days, depending on the lease's terms.
- Specific notice durations for varying payment plans:
- Weekly payments often require a 3 or 7-day notice.
- Monthly payments typically involve a 15 or 30-day notice.
Landlord Entry Without Notice
- Landlords may enter the property without notice if the tenant has been absent for a period equal to half the rental payment cycle.
Liability for Landlord Actions
- Landlords who unlawfully interrupt utilities, change locks, or remove property can be liable for damages, possibly up to several months' rent.
Violation of Prohibited Practices
- Reports of landlord violations under certain statutes require documentation, as these are civil issues.
Understanding Probable Cause
- Probable cause pertains to the level of suspicion necessary for law enforcement to make an arrest or conduct a search.
- It requires that officers believe it is more likely than not that a crime has occurred.
- Officers do not need to eliminate every possibility of innocence to establish probable cause.
- The concept emphasizes probabilities rather than certainties in determining the appropriateness of law enforcement actions.
- This legal standard allows officers to act based on reasonable assessments rather than absolute proof.
Probable Cause and Arrest
- Probable cause is a necessary standard for justifying an arrest.
- A suspect fleeing does not automatically provide sufficient grounds for an arrest.
- Multiple factors must be considered alongside flight to establish probable cause.
- Flight may enhance the perception of suspicious behavior but is not conclusive on its own.
Florida Stop and Frisk Law
- Enacted under F.S. §901.151, authorizes law enforcement to briefly detain individuals under certain conditions.
- Applicable when an officer suspects a person has committed, is committing, or is about to commit a criminal offense or violation.
- Detentions are meant to ascertain the identity of the individual and circumstances of their presence.
- Temporary detainment must be reasonable and not exceed what is necessary to achieve the law's purpose.
- Detention must occur at or near the initial encounter location, limiting the scope of the officer's actions.
- Protects individual rights by restricting the duration and location of the stop.
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Description
Test your knowledge on the terminology used to describe individuals who are missing and how age and residency affect the classification. Understand the legal definitions associated with missing persons reports and their implications.