2025 FUNDAMENTALS OF FLORIDA CODE ENFORCEMENT ACTUAL
EXAM QUESTIONS WITH ANSWERS GRADED A+ 2025/2026
State statute empowers county or municipalities having a population equal to or greater
than 50,000 to adopt, by a vote, - an ordinance that gives the CEB and Special
Magistrate the authority to assess the fines listed above. Such fines shall not exceed
$1,000 per day per violation for a first violation; $5,000 per day per violation for a repeat
violation; $15,000 per violation if the violation is irreparable or irreversible.
The CEB must file certified copies of the Board's orders in the public records which
constitutes a 'n against the land on which the violation exists. - After three months from
the recording - of the lien the enforcement board may authorize the local governing
body. Is accrued interest or foreclose on the unpaid lien, according to Florida Statutes
162.09(3).
-Only homestead property - is exempt from this foreclosure. Liens may continue in force
for 20 years.
SPECIAL MAGISTRATE - Special Magistrate performs the same functions and has the
same authority as a board and may serve to streamline the process in several ways.
Some jurisdictions use both Special Magistrates and CEB's to significantly - reduce the
number of cases brought before the board. This results in easier scheduling capabilities,
less staff time spent in hearings, and less time required of citizen board members who
volunteer their services.
Chapter 162, Part II. - This statute empowers counties and municipalities to designate
employees or agents as "code enforcement officers/inspectors.
-If the local governing bodies have adopted the citation provision, the code enforcement
officers/inspectors must first - provide notice to violators that they have violated the
code or ordinance and allow for a reasonable time period (not exceeding 30 days) to
correct the violation.
-No notice - is required if the violation causes irreparable or irreversible damage.
-F.S.162 prescribes the contents - of the citation form. One of the requirements is a
conspicuous statement advising violators that, by failing to pay the fine or failing to
appear in court to contest the citation, violators are deemed to have waived the right to
contest the citation and may have a judgment entered for an amount up to the
maximum civil penalty of $500.00.
Citations will include at a minimum: - 1. The date and time of issuance, 2. The name
and address of the person(s) whom the citation cites, 3. The date and time violators
committed the civil infraction, 4. The facts constituting reasonable cause, 5. The number
of sections of the code or ordinance violated, The name and authority of the code
enforcement officer/inspector(s), 7. The procedure the persons must follow to pay the
,civil penalty or to contest the citation, 8. The applicable civil penalty if the persons elect
to contest the citation, 9. The applicable civil penalty if the persons elect not to contest
the citation.
-Advantages of the citation process - are that punishment for violators is immediate, the
case has been adjudicated by the courts rendering of a favorable decision, and that
determination can be used against the party who committed the infraction if they are not
the property owner.
-possible problem with the citation process - is the reluctance of the county Court
system to accept the additional burden that this process imposes on it.
-NOTICES OF VIOLATION - F.S. 162.12 states that notices shall be provided "to the
owner of the property in question at the address listed in the tax collector's office for tax
notices, and at any other address provided to the local government by such owner."
Written notices serve - as official notifications advising the violator of the violation and
how to correct it.
Code officers/inspectors must notify - all of the heirs of the violation, or notify the
Executor or Administrator of the Estate, if one has been appointed. The courthouse
records will show if the will, including the list of heirs, is in probate court. If the will is not
in probate, then code officers/inspectors must notify the surviving spouse or the closest
relative.
When the principal violator is a "corporation," - the code officer/inspector must provide
service to the officers of the corporation and/or the "registered agent."
Sometimes, after a jurisdiction has sent a NOV, the jurisdiction may receive a Notice of
Bankruptcy from violators or their attorneys, stating that the jurisdiction is "automatically
stayed" is action. Congress provided for certain exemptions to the bankruptcy automatic
stay. 11 U.S.C. §362(b)(4) (a)(1) - defines the exemption for code enforcement as "an
action or proceeding by a governmental unit to enforce such governmental unit's police
or regulatory power.
DUE PROCESS - Due process of law implies the right of the people affected to be
present before the tribunal who pronounces judgment upon questions of life, liberty, or
property
- three prongs of due process are met: - 1) reasonable notice; 2) opportunity to appear;
3) opportunity to be heard.
Code enforcement officers/inspectors must meet the criteria for providing - service and
the statute has several methods that can be used to obtain this goal. The first two
methods are certified mail or hand delivery.
, The two other methods of service identified are - posting and publication.
The case file must include notarized - affidavits of these efforts signed by the
appropriate person. - It should include proof of mailing, hand delivery, posting or
publication. The criteria for each method must be met.
Hand Delivery Servers can make delivery by giving notices directly to respondents or
leaving them at the residence of the respondent with any person - at least 15 years of
age, who resides there.
Posting - Posting must occur at least - ten days prior to meeting In two separate
locations, This Process by itself does not constitute legal service.
Publications- Publication notices shall be published - once each week for four
consecutive weeks in a newspaper of general circulation, in the county where the code
board is located." (F.S. 162.12 (2)(a).
AFFIDAVITS - 1. Affidavit of Hand Delivery , 2. Affidavit of posing, 3. Affidavit of Non-
Compliance , 4. Affidavit of Compliance
Remember that falsifying an affidavit - is perjury. Jurisdictions can prosecute code
enforcement officers/inspectors for falsifying records or documents
-REPEAT VIOLATION - If a violation of a provision of a code or ordinance by a person
who has been previously found through a quasi-judicial process to have violated the
same provision within five (5) years, the violation is a "Repeat Violation" as defined in
FSS162.04.(S)-
If the respondent complies the violations prior to their first hearing, the case can still be
presented - and a ruling that a violation did exist, is now in Compliance, and an order
that the property must remain in compliance can be issued. After all the time and
expense spent by Your jurisdiction to prepare a case for adjudication, it is
recommended that the case still be presented; however, you should always follow your
departmental procedures,
HEARINGS - - Hearings provide alleged violators (respondents) an opportunity to
present their evidence and testimony. The meetings/hearings follow Roberts Rules of
Order
-PRESENTATIONS -It is good practice to have the case presenters - enter their names,
credentials, and positions into the public record at the beginning of the presentation of
the case. Case presentations to the Boards/Special Magistrates consist of informative
testimony, clear photographs, pertinent evidence, documented contacts, and facts
EXAM QUESTIONS WITH ANSWERS GRADED A+ 2025/2026
State statute empowers county or municipalities having a population equal to or greater
than 50,000 to adopt, by a vote, - an ordinance that gives the CEB and Special
Magistrate the authority to assess the fines listed above. Such fines shall not exceed
$1,000 per day per violation for a first violation; $5,000 per day per violation for a repeat
violation; $15,000 per violation if the violation is irreparable or irreversible.
The CEB must file certified copies of the Board's orders in the public records which
constitutes a 'n against the land on which the violation exists. - After three months from
the recording - of the lien the enforcement board may authorize the local governing
body. Is accrued interest or foreclose on the unpaid lien, according to Florida Statutes
162.09(3).
-Only homestead property - is exempt from this foreclosure. Liens may continue in force
for 20 years.
SPECIAL MAGISTRATE - Special Magistrate performs the same functions and has the
same authority as a board and may serve to streamline the process in several ways.
Some jurisdictions use both Special Magistrates and CEB's to significantly - reduce the
number of cases brought before the board. This results in easier scheduling capabilities,
less staff time spent in hearings, and less time required of citizen board members who
volunteer their services.
Chapter 162, Part II. - This statute empowers counties and municipalities to designate
employees or agents as "code enforcement officers/inspectors.
-If the local governing bodies have adopted the citation provision, the code enforcement
officers/inspectors must first - provide notice to violators that they have violated the
code or ordinance and allow for a reasonable time period (not exceeding 30 days) to
correct the violation.
-No notice - is required if the violation causes irreparable or irreversible damage.
-F.S.162 prescribes the contents - of the citation form. One of the requirements is a
conspicuous statement advising violators that, by failing to pay the fine or failing to
appear in court to contest the citation, violators are deemed to have waived the right to
contest the citation and may have a judgment entered for an amount up to the
maximum civil penalty of $500.00.
Citations will include at a minimum: - 1. The date and time of issuance, 2. The name
and address of the person(s) whom the citation cites, 3. The date and time violators
committed the civil infraction, 4. The facts constituting reasonable cause, 5. The number
of sections of the code or ordinance violated, The name and authority of the code
enforcement officer/inspector(s), 7. The procedure the persons must follow to pay the
,civil penalty or to contest the citation, 8. The applicable civil penalty if the persons elect
to contest the citation, 9. The applicable civil penalty if the persons elect not to contest
the citation.
-Advantages of the citation process - are that punishment for violators is immediate, the
case has been adjudicated by the courts rendering of a favorable decision, and that
determination can be used against the party who committed the infraction if they are not
the property owner.
-possible problem with the citation process - is the reluctance of the county Court
system to accept the additional burden that this process imposes on it.
-NOTICES OF VIOLATION - F.S. 162.12 states that notices shall be provided "to the
owner of the property in question at the address listed in the tax collector's office for tax
notices, and at any other address provided to the local government by such owner."
Written notices serve - as official notifications advising the violator of the violation and
how to correct it.
Code officers/inspectors must notify - all of the heirs of the violation, or notify the
Executor or Administrator of the Estate, if one has been appointed. The courthouse
records will show if the will, including the list of heirs, is in probate court. If the will is not
in probate, then code officers/inspectors must notify the surviving spouse or the closest
relative.
When the principal violator is a "corporation," - the code officer/inspector must provide
service to the officers of the corporation and/or the "registered agent."
Sometimes, after a jurisdiction has sent a NOV, the jurisdiction may receive a Notice of
Bankruptcy from violators or their attorneys, stating that the jurisdiction is "automatically
stayed" is action. Congress provided for certain exemptions to the bankruptcy automatic
stay. 11 U.S.C. §362(b)(4) (a)(1) - defines the exemption for code enforcement as "an
action or proceeding by a governmental unit to enforce such governmental unit's police
or regulatory power.
DUE PROCESS - Due process of law implies the right of the people affected to be
present before the tribunal who pronounces judgment upon questions of life, liberty, or
property
- three prongs of due process are met: - 1) reasonable notice; 2) opportunity to appear;
3) opportunity to be heard.
Code enforcement officers/inspectors must meet the criteria for providing - service and
the statute has several methods that can be used to obtain this goal. The first two
methods are certified mail or hand delivery.
, The two other methods of service identified are - posting and publication.
The case file must include notarized - affidavits of these efforts signed by the
appropriate person. - It should include proof of mailing, hand delivery, posting or
publication. The criteria for each method must be met.
Hand Delivery Servers can make delivery by giving notices directly to respondents or
leaving them at the residence of the respondent with any person - at least 15 years of
age, who resides there.
Posting - Posting must occur at least - ten days prior to meeting In two separate
locations, This Process by itself does not constitute legal service.
Publications- Publication notices shall be published - once each week for four
consecutive weeks in a newspaper of general circulation, in the county where the code
board is located." (F.S. 162.12 (2)(a).
AFFIDAVITS - 1. Affidavit of Hand Delivery , 2. Affidavit of posing, 3. Affidavit of Non-
Compliance , 4. Affidavit of Compliance
Remember that falsifying an affidavit - is perjury. Jurisdictions can prosecute code
enforcement officers/inspectors for falsifying records or documents
-REPEAT VIOLATION - If a violation of a provision of a code or ordinance by a person
who has been previously found through a quasi-judicial process to have violated the
same provision within five (5) years, the violation is a "Repeat Violation" as defined in
FSS162.04.(S)-
If the respondent complies the violations prior to their first hearing, the case can still be
presented - and a ruling that a violation did exist, is now in Compliance, and an order
that the property must remain in compliance can be issued. After all the time and
expense spent by Your jurisdiction to prepare a case for adjudication, it is
recommended that the case still be presented; however, you should always follow your
departmental procedures,
HEARINGS - - Hearings provide alleged violators (respondents) an opportunity to
present their evidence and testimony. The meetings/hearings follow Roberts Rules of
Order
-PRESENTATIONS -It is good practice to have the case presenters - enter their names,
credentials, and positions into the public record at the beginning of the presentation of
the case. Case presentations to the Boards/Special Magistrates consist of informative
testimony, clear photographs, pertinent evidence, documented contacts, and facts
