2025 FUNDAMENTALS OF FLORIDA CODE ENFORCEMENT EXAM
QUESTIONS WITH ANSWERS GRADED A+ 2025/2026
Florida Statute Chapter 162 - Legal framework by which all code enforcement activities
are judged, Intended to ensure that violators have clear notice that they are in violation,
at they have the opportunity to be heard and present arguments that may contradict the
inspector, and have been treated in a fair and just manner
162.05 - appointment of board members - numbers based on population of municipality
162.06 - enforcement procedures
duties of code inspector - 1. duty to notify violator
2.duty to give violator reasonable time to correct the violation.
3. duty to request a hearing before the board if compliance is not achieved
4.duty to request a hearing 10 duty regarding repeat violations
5.duty where a violation presents a serious threat to the public heath, safety and welfare
or where the violation is irreparable or irreversible in nature
162.12: notices - requirements that MUST be followed in order to comply with service of
process rules: - 1. certified mail (return receipt requested)
2. hand delivery to the violator (suggest you make them sign for it)
3. leaving the notice at the violator's usual place of residence (suggest you follow the
standard service of process age limits, etc.)
4.For commercial property, leaving the notice with the manager or person in charge
5. posting or publication
162.21 - authorizes the issuance of citations and provides a framework for the
authorizes the issue
162.23 - authorizes issuance of a notice to appear as another alternative
§162.06(2) imposes a - condition precedent to any citation issuance to notify the alleged
violator and provide them a reasonable time to correct the violation
- 1. "repeat violations" 2. Code inspector has reason to believe that the violation
presents a serious threat to the public safety, health, and welfare 3. is irreparable or
irreversible in nature
1.02 Determination of a "Reasonable Time" - No rule defining a reasonable time
Amount of time will vary based upon the facts of each case
Rule of thumb-provide 10 business days
Standard 30 day extension is usually determined reasonable but may delay the process
and allow a violation to continue
1.03 Exceptions to Reasonable Time Requirement - 1. The Repeat Violator -
§162.06(3):
,2. Emergency Case §162 06(4) _LI:
3. Irreparable and Irreversible - §162.06(4)
Documentation of Violation
~ documentation should consist of: - 1. the date
2. the time of the violation
3. person with whom You spoke or with whom You inspected the Property
4. written narrative as to the facts that you observed
5. applicable section of your City or County code
6. determination or conclusion that the facts observed bY the code inspector constitute
a violation of a particular section of the City or County Code
- specify facts sufficiently to be able to refresh your memory at the public hearing
all reports, notes or writings of the code inspector are "public records" under - FL Law
chapter 119
Any person is - entitled to review all such records
Cutting a violator, a break by only citing one violation can cut against the interests of - -
Code Enforcement and diminish the credibility before the Board
ignoring or choosing not to cite certain violations when clearly obvious could cause -
you to lose the ability to later cite such violations
"stringing out" - is not prohibited by law but casts a negative shadow on the conduct of
the investigation which may affect the Board's review of evidence of the Appellate
Court's review of the evidence on Appeal
if multiple departments are involved in a single property - attempt to coordinate your
prosecution
Florida and US Constitutions requires - procedural due process for all parties
- procedural due process for all parties Requires: - - 1) Notice
- 2) an Opportunity to be heard and defend
- 3) before a competent tribunal vested with the jurisdiction of the subject matter
Due Process requires the following items to be completed by the code enforcement
inspector in order to adequately notify and put the alleged violator on notice: - 1)
sufficient description of the violation
2) determination of the person to cite
3) reasonable time period from the date on which the Notice of Violation is received by
the alleged violator and the date of the Violation
- 4) completion of service of process
, Adequate Notice (specificity of alleged violation) - - If violation is not corrected in time
originally provided to violator, then Code inspector should issue a Formal Statement of
Violation and Notice of Public Hearing
FL Stat 162.06(2) is unspecific in that it only requires - the code inspector to "notify the
violator" so be cautious not to do the bare minimum - be specific
- Purpose of notice is to reasonably inform the violator as to: - - 1) what specific
condition on the property isin
- 2) violation of what specific code and
- 3) what specifically has to be done to correct the violation
Attorney General opinion (1981) states that the code enforcement proceedings apply to
whomever - the terms of a particular underlying municipal ordinance allegedly being
violated apply or are directed against and may include property owners or non-owners
who are subject to the codes
FL Stat 162.09(3) - a lien can be placed against the land on which the violation exists
and upon any other real or personal property owned by the violator
a notice of at least 24 hours is generally deemed - the minimum acceptable notice of a
public meeting in Chapter 286 (sunshine law meetings)
FL Stat - does not provide any specific or minimum time that must be provided before a
public hearing is held
Recommended Notice of Violation ~ statement of violation should contain language to
the effect that the alleged violator must - contact the Code inspector to verify
compliance (Code inspector will not verify compliance without being contacted by
alleged violator)
place the burden - on the alleged violator
notice should specifically and clearly explain to the owner that the owner will have the
burden to - correct the current violation and MOST IMPORTANTLY contact the code
inspector to verity the compliance
Chapter 162 authorizes a code enforcement board to conduct a hearing on a violation
not corrected by - the time specified by the code enforcement inspector even if the
violation has been corrected prior to the board hearing
Service of Process - to provide a party to whom it is addressed the notice of the
proceedings against him or her ~ opportunity to appear and defend
QUESTIONS WITH ANSWERS GRADED A+ 2025/2026
Florida Statute Chapter 162 - Legal framework by which all code enforcement activities
are judged, Intended to ensure that violators have clear notice that they are in violation,
at they have the opportunity to be heard and present arguments that may contradict the
inspector, and have been treated in a fair and just manner
162.05 - appointment of board members - numbers based on population of municipality
162.06 - enforcement procedures
duties of code inspector - 1. duty to notify violator
2.duty to give violator reasonable time to correct the violation.
3. duty to request a hearing before the board if compliance is not achieved
4.duty to request a hearing 10 duty regarding repeat violations
5.duty where a violation presents a serious threat to the public heath, safety and welfare
or where the violation is irreparable or irreversible in nature
162.12: notices - requirements that MUST be followed in order to comply with service of
process rules: - 1. certified mail (return receipt requested)
2. hand delivery to the violator (suggest you make them sign for it)
3. leaving the notice at the violator's usual place of residence (suggest you follow the
standard service of process age limits, etc.)
4.For commercial property, leaving the notice with the manager or person in charge
5. posting or publication
162.21 - authorizes the issuance of citations and provides a framework for the
authorizes the issue
162.23 - authorizes issuance of a notice to appear as another alternative
§162.06(2) imposes a - condition precedent to any citation issuance to notify the alleged
violator and provide them a reasonable time to correct the violation
- 1. "repeat violations" 2. Code inspector has reason to believe that the violation
presents a serious threat to the public safety, health, and welfare 3. is irreparable or
irreversible in nature
1.02 Determination of a "Reasonable Time" - No rule defining a reasonable time
Amount of time will vary based upon the facts of each case
Rule of thumb-provide 10 business days
Standard 30 day extension is usually determined reasonable but may delay the process
and allow a violation to continue
1.03 Exceptions to Reasonable Time Requirement - 1. The Repeat Violator -
§162.06(3):
,2. Emergency Case §162 06(4) _LI:
3. Irreparable and Irreversible - §162.06(4)
Documentation of Violation
~ documentation should consist of: - 1. the date
2. the time of the violation
3. person with whom You spoke or with whom You inspected the Property
4. written narrative as to the facts that you observed
5. applicable section of your City or County code
6. determination or conclusion that the facts observed bY the code inspector constitute
a violation of a particular section of the City or County Code
- specify facts sufficiently to be able to refresh your memory at the public hearing
all reports, notes or writings of the code inspector are "public records" under - FL Law
chapter 119
Any person is - entitled to review all such records
Cutting a violator, a break by only citing one violation can cut against the interests of - -
Code Enforcement and diminish the credibility before the Board
ignoring or choosing not to cite certain violations when clearly obvious could cause -
you to lose the ability to later cite such violations
"stringing out" - is not prohibited by law but casts a negative shadow on the conduct of
the investigation which may affect the Board's review of evidence of the Appellate
Court's review of the evidence on Appeal
if multiple departments are involved in a single property - attempt to coordinate your
prosecution
Florida and US Constitutions requires - procedural due process for all parties
- procedural due process for all parties Requires: - - 1) Notice
- 2) an Opportunity to be heard and defend
- 3) before a competent tribunal vested with the jurisdiction of the subject matter
Due Process requires the following items to be completed by the code enforcement
inspector in order to adequately notify and put the alleged violator on notice: - 1)
sufficient description of the violation
2) determination of the person to cite
3) reasonable time period from the date on which the Notice of Violation is received by
the alleged violator and the date of the Violation
- 4) completion of service of process
, Adequate Notice (specificity of alleged violation) - - If violation is not corrected in time
originally provided to violator, then Code inspector should issue a Formal Statement of
Violation and Notice of Public Hearing
FL Stat 162.06(2) is unspecific in that it only requires - the code inspector to "notify the
violator" so be cautious not to do the bare minimum - be specific
- Purpose of notice is to reasonably inform the violator as to: - - 1) what specific
condition on the property isin
- 2) violation of what specific code and
- 3) what specifically has to be done to correct the violation
Attorney General opinion (1981) states that the code enforcement proceedings apply to
whomever - the terms of a particular underlying municipal ordinance allegedly being
violated apply or are directed against and may include property owners or non-owners
who are subject to the codes
FL Stat 162.09(3) - a lien can be placed against the land on which the violation exists
and upon any other real or personal property owned by the violator
a notice of at least 24 hours is generally deemed - the minimum acceptable notice of a
public meeting in Chapter 286 (sunshine law meetings)
FL Stat - does not provide any specific or minimum time that must be provided before a
public hearing is held
Recommended Notice of Violation ~ statement of violation should contain language to
the effect that the alleged violator must - contact the Code inspector to verify
compliance (Code inspector will not verify compliance without being contacted by
alleged violator)
place the burden - on the alleged violator
notice should specifically and clearly explain to the owner that the owner will have the
burden to - correct the current violation and MOST IMPORTANTLY contact the code
inspector to verity the compliance
Chapter 162 authorizes a code enforcement board to conduct a hearing on a violation
not corrected by - the time specified by the code enforcement inspector even if the
violation has been corrected prior to the board hearing
Service of Process - to provide a party to whom it is addressed the notice of the
proceedings against him or her ~ opportunity to appear and defend
