FBBE FBBE Florida Criminal Law 1 — Questions and Answers
Question 1: Under Florida law, what degree of felony is grand theft when the value of the property stolen is between $750 and $20,000?
- First-degree felony
- Second-degree felony
- Third-degree felony (Correct answer)
- First-degree misdemeanor
Correct answer: Third-degree felony
Florida Statutes § 812.014 classifies theft of property valued between $750 and $20,000 as grand theft in the third degree, a third-degree felony.
Question 2: In Florida, what mental state is required for first-degree premeditated murder under § 782.04?
- Knowingly
- Recklessly
- Premeditated design to cause death (Correct answer)
- Negligently
Correct answer: Premeditated design to cause death
Florida first-degree premeditated murder requires a premeditated design — a conscious decision made before the act — to unlawfully kill another person.
Question 3: Under Florida's felony murder rule, which of the following is NOT one of the enumerated predicate felonies?
- Robbery
- Burglary
- Simple battery (Correct answer)
- Sexual battery
Correct answer: Simple battery
Florida's felony murder rule under § 782.04(1)(a)2 lists specific enumerated felonies; simple battery is not among them and cannot serve as a predicate for felony murder.
Question 4: What is the Florida definition of burglary?
- Breaking and entering with intent to commit a felony
- Entering or remaining in a structure or conveyance with intent to commit a crime therein (Correct answer)
- Trespassing during nighttime hours
- Forcible entry of a dwelling
Correct answer: Entering or remaining in a structure or conveyance with intent to commit a crime therein
Florida Statutes § 810.02 defines burglary as entering or remaining in a structure or conveyance with intent to commit a crime inside, eliminating the common law requirement of breaking.
Question 5: Under Florida law, robbery is distinguished from theft by what additional element?
- The value of the property exceeds $750
- The use of force, violence, assault, or putting in fear during the taking (Correct answer)
- The use of a deadly weapon
- The victim is a financial institution
Correct answer: The use of force, violence, assault, or putting in fear during the taking
Florida Statutes § 812.13 defines robbery as taking property from another by force, violence, assault, or putting in fear — the force element distinguishes it from theft.
Question 6: In Florida, what is the minimum mandatory prison sentence for a conviction of trafficking in 28 grams or more of cocaine?
- 1 year
- 3 years (Correct answer)
- 5 years
- 10 years
Correct answer: 3 years
Florida Statutes § 893.135(1)(b)1a mandates a minimum 3-year prison sentence for trafficking 28 grams or more but less than 200 grams of cocaine.
