2025-2026 Legal Issues of Code Enforcement - Martin County latest exam questions and answers

In what year was legislation enacted to establish Florida Code Enforcement Boards?

1980

Local Government Code Enforcement Boards Act

Cited as sections 162.01-162.13 promoting health, safety, and welfare through administrative fines.

Intent

Purpose to enforce codes and ordinances effectively and inexpensively.

Applicability

Allows counties or municipalities to create or abolish code enforcement boards.

Local Governing Body

is the elected officials of city councils or county commissions

Code Inspector

Authorized agent ensuring code compliance.

Code Enforcement Board

A board imposing fines for code violations.

Repeat Violation

Violation by a person previously found guilty within 5 years.

Local Governing Body Attorney

Legal counselor for the county or municipality.

Quorum

Minimum number of members required for a meeting.

Liens

Legal claims on property for unpaid fines.

Appeals

Process for challenging enforcement board decisions.

Notice

Formal communication regarding violations or hearings.

Board Members

Residents appointed based on expertise in code enforcement.

Quasi-Judicial Process

Legal proceedings resembling a court process but less formal.

Irreparable Violation

Violation that cannot be undone or fixed

Enforcement Proceeding

Legal process for addressing code violations

Rebuttable Presumption

Assumption that can be disproven with evidence

Subpoena

Legal order to compel attendance at a hearing or production of evidence

Stipulations

Agreement / Contract that typically contain an admission of guilt. This contract is between the City/County and the Respondent. This is made outside of the quasi-judicial proceeding. Board does not have accept the stipulation. Stipulations are not addressed in Chapter 162, Florida Statutes.

Testimony

Spoken evidence given under oath

Findings of Fact

Conclusions based on evidence presented in a hearing

Due Process

Fair treatment under the law

Lis Pendens

Notice of pending legal action concerning real estate

Reasonable Cause

Facts indicating a violation has occurred.

Coordinated Prosecution

Joint legal action against multiple violations.

What specific provisions and responsibilities are outlined in the Florida Statutes Chapter 162 Part I?

Local Government Code Enforcement Boards and Special Magistrates

Requirements for Code Board Appointments

Residency - Must live in the jurisdiction

Appointment bound by state and local laws

Occupations recommendations (not a requirement, just suggestive) - architect, businessman, engineer, general contractor, subcontractor, realtor.

In the case of Trianon Park Condominium vs. City of Hialeah 1982, can the Code Enforcement Board or other third parties petition a court of law to compel a local government, through its Code Inspector, to initiate a code enforcement action?

No, according to the case decision, the judicial branch lacks authority to interfere with discretionary functions unless a constitutional provision is violated. Therefore, neither the Code Enforcement Board nor other third parties can petition a court to require a local government to initiate a code enforcement action through its Code Inspector.

Under Section 162.06(2) of the Florida Statutes, what statutory prerequisite must the Code Inspector fulfill before issuing a citation for a violation?

Section 162.06(2) imposes a condition precedent to issuing any citation by the Code Inspector. Specifically, the Code Inspector is required to notify the alleged violator and afford them a "reasonable time to correct the violation" before issuing a formal notice of violation.

What legal term describes an allegation of facts that are sufficient on their face?

Prima Facie

By which chapter of the Florida Statutes is the Code Enforcement Board enabled?

Chapter 162 Part I

What is the role of a Code Enforcement Board?

to adjudicate cases that are presented by a Code Inspector

What is the meaning of Prima Facie in legal terms and its relevance to the discretionary power of a CEO?

Prima Facie, a Latin term used in law, denotes a legal presumption that something is true on its face or at first sight. In the context of a CEO's discretionary power, it implies that decisions made by the CEO are initially presumed to be valid and lawful unless proven otherwise upon further examination or challenge.

Before proceeding with prosecution what are two actions the Code inspector must take?

notify the alleged violator and provide reasonable time to correct.

What are the exceptions to reasonable time to correct?

repeat, serious health/safety or emergency case, irreparable/ irreversible damages

What are the exceptions to providing a reasonable time to correct violations?

The exceptions include situations where there is a need to repeat corrections, cases involving serious health or safety risks, emergencies, or when there are irreparable or irreversible damages at stake.

In regard to Notice to Appear, what is the exception which does not require reasonable to time to correct?

Itinerant or transient in nature

What is a rule of thumb for time reasonable time?

at least 10 business days

A Repeat violation is some who has violated or has admitted violating the same provision within what duration of time?

5 years

______________ discrimination is discrimination motivated by constitutionally impermissible reasons such as race, religion, or the defendant's exercise of the first amendment.

Invidious

The defendant has to show that selective enforcement was deliberately based upon

race, religion, other arbitrary classification

What member of a Code Enforcement Board has the power to initiate enforcement proceedings?

No member of the Board

For first time violations, in cities where the population is less than 5000, the fine shall not exceed how much per day?

shall not exceed $250 per day

For repeat violations, in cities where the population is less than 5000, the fine shall not exceed how much per day?

shall not exceed $500 per day

If the code enforcement board find the violation to be irreparable or irreversible in nature, in cities where the population is less than 5000, the fine shall not exceed how much per day?

may impose a fine not to exceed $5000 per day per violation

After 3 months from the filing of any lien which remains unpaid, the enforcement board may authorize local governing body to do what?

Foreclose on the lien or to sue to recover a money judgment for the amount of the lien.

Can a Code Enforcement Board foreclose on a real property which is a Homestead?

No lien created can be foreclosed upon a real property that is a Homestead.

Any person who willfully refuses to sign and accept a citation issued by a CEO shall be guilty of what?

Guilty of a Misdemeanor of the second degree

Chapter 162 Part II is about?

Supplemental County or Municipal Code or Ordinance Enforcement Procedures (Citations)

True or False. In regards to section 162.21, to issue a citation, there is a requirement for personal investigation in order to establish reasonable cause to believe that the violation has occurred.

True

FS 162.21 (3a) regards what?

Code Enforcement Officer is authorized to issue a citation

How much time must you give a violator to correct a violation if you issue a citation?

No more than 30 days. Repeat violators get less.

If the respondent chooses not to pay a citation (ticket) what can you recommend them to do?

Appeal the citation and go to circuit court (in front of a county court judge)

What is DE NOVO?

it means Anew; afresh; a second time

Population of <5,000 has how many board members?

Population of >5,000 has how many board members?

How many alternates can you have?

<5,000 5-7 Members

>5,000 7 Members

2 Alternates

The presence of 4 or more members shall constitute a quorum of a ______ member enforcement board.

7

The presence of 3 or more members shall constitute a quorum of a _____ member enforcement board.

5

The Code enforcement board is a __________________ body.

Quasi - judicial

The Board is authorized to impose ___________ and other ___________ penalties

administrative fines, noncriminal

Initial terms for board members range from ___________ years.

1 to 3 years

After initial term / appointment, all terms are for __________ years

3 years

At least ___ of a 7-member board must vote in order for an action to be official.

4

Can a Code Board member be removed?

Yes - due to absences; missing 2 out of 3 consecutive meetings.

Tip: Look at 3-month period; Jan (absent), Feb (present), March (absent) - they can be removed

They also can be removed or suspended by the Govenor if they violate the provisions of Florida Statutes Chapter 112 "Standards of Conduct for Public Officers and Employees"

What is Sua Sponte?

by itself

Board members and special magistrates are governed by what Florida Statutes Chapter?

Florida Statutes Chapter 112 Standards of Conduct for Public Officers and Employees

What is ad testificandum?

to subpoena alleged violators and witnesses to a hearing

Who has the general power to adopt rules for the conduct of hearings, subpoena alleged violators/ ad testificandum, subpoena evidence/duces tecum, take testimony under oath, and issue orders?

The Board

The Code Enforcement members are precluded from initiating ___________ actions

prosecutorial

A board member may report an alleged violation as a ___________ _________.

private citizen

Who has the power to reduce or release a lien?

Local governing body

The ________ Case call for a separate hearing before final imposition of a fine for non-compliance.

Massy and Massy vs. Charlotte County

The Massy and Massy vs. Charlotte County case focuses on what?

Due Process

What amendment is in relation to "due process"

The Fifth Amendment

__________ allow for higher fines and must be enacted by City Council/ County Commission with a population of 50,000 or more. $1000 for first violation, $5000 for repeat, $15,000 irreversible/irreparable.

Super Fines

What are the implied powers of the Board?

entertain motions for extensions of time and reduction of penalty, order demolition

Should the inspector fully document when a violator acts abusively to them?

Yes

True or False. The goal of the any code enforcement should be to conduct a case in a manner which assures the municipality or county that it will be able to fully enforce the decision upon the violator.

True

Prima Facie Case is?

First look or first face.

The membership of each enforcement board shall, whenever possible, include....

an architect, a businessperson, an engineer, a general contractor, a subcontractor and a realtor

A code enforcement board cannot

initiate a code enforcement proceeding, collect evidence to be used at a hearing, impose harsher fines than permitted by law in certain cases

T or F. In regards to General Rule of Privilege, a person may (1) refuse to be a witness, (2) refuse to disclose any matter, (3) refuse to produce any object or document or (4) Prevent another "from doing the same, unless expressly provided by the statute or Constitution.

No person may

If service of the Notice of Hearing is defective the board or Special Magistrate may proceed if what?

the violator consents

The Board or Special Magistrate cannot limit the amount of time a person can testify they can limit the time to testify but it must be reasonable

...

Photographs may be admissible in a hearing if they are...

verified as correct representation of physical objects

A Public officer barred from voting may

participate in the discussion of the matter

Administrative and Clerical personal are required to keep what at all hearings by each Enforcement Board

Minutes

When adopting ordinances from another city or county into your city or county...

Model ordinances

What is the tactic that counsel uses to make a witness angry and lose their sense of logic?

Badgering

What should be your response to the belligerent counsel tactic?

Stay calm and speak in a deliberate voice

What is the purpose of condescending counsel?

to give the impression the witness is inept and lacks confidence therefore not reliable

What should be your response to counsel's staring tactic?

Look the attorney in the eye and wait for the next question

The Public Records Act is governed under what Florida Statutes?

Chapter 119

Is it appropriate to use video recorder to document a violation?

Yes

Can you tape record (sound)?

Audio consent is needed - you must announce that you are going to tape a conversation. Note - ensure you tape asking for consent.

The Florida and U.S. Constitution require that __________ due process of law be granted to all parties.

Procedural

Due Process is in the US Constitution where?

4th & 5th amendment

The Florida and United States Constitutions require that procedural due process of law be

granted to all parties. What elements of Procedural due process of law are required?

- Notice

- An Opportunity to be Heard and to Defend

- Before a competent tribunal vested with the jurisdiction of the subject matter.

What items are required from the Code Inspector in order to adequately notify and put the alleged violator on Notice as required by Due process notice?

1. Sufficient description of the violation.

2. Determination of the person to cite, the alleged violator or the landowner if the landowner is not the alleged violator.

3. Reasonable time period from the date in which the Notice of Violation is received by the alleged violator and the date of the hearing

4. Completion of service of process of the violation on the alleged violator

Section 162.12, Fla. Stat., provides several options for service of process. What are the available methods of service?

1. Certified Mail

2. Hand Delivery

3. Leaving the Notice at the Violator's usual place of residence

4. Leaving the notice with the manager or other person in charge in the case of commercial premises