Legal Issues of Code Enforcement Exam
(2026/2027) – Code Enforcement Legal
Certification Exam
Board members and special magistrates are governed by what Florida Statutes Chapter? -- answer--
Florida Statutes Chapter 112 Standards of Conduct for Public Officers and Employees
What is duces tecum? -- answer--to subpoena evidence to a hearing
What is ad testificandum? -- answer--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? --
answer--The Board
The Code Enforcement members are precluded from initiating ___________ actions -- answer--
prosecutorial
A board member may report an alleged violation as a ___________ _________. -- answer--private
citizen
Who has the power to reduce or release a lien? -- answer--Local governing body
The ________ Case call for a separate hearing before final imposition of a fine for non-compliance. --
answer--Massy and Massy vs. Charlotte County
, True or False. Section 162.07(3) provides that formal rules of evidence shall apply, and "fundamental
due process shall be observed and shall govern proceedings." -- answer--False. Formal rules of evidence
shall NOT apply and the fundamental due process shall be observed and shall govern proceedings.
__________ 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. -- answer--Super Fines
What are the implied powers of the Board? -- answer--entertain motions for extensions of time and
reduction of penalty, order demolition
5th Amendment -- answer--No Self-Incrimination, No Double Jeopardy, No deprivation of life liberty or
property without due process of law
What does the Fourth Amendment have to do with? -- answer--searches and seizures (search warrant)
The Fourth Amendment to the US Constitution protect against what? -- answer--unreasonable searches
and seizures
The Fourth Amendment of the United States Constitution guarantees what? -- answer--the right of
privacy free from unreasonable state intrusion
The decision to investigator or subsequently cite, or not cite, an alleged violator for code enforcement
violation is _____________ . -- answer--Discretionary
Case ___________________ stated that the judicial branch has no authority to interfere with the
conduct of discretionary functions unless a constitutional provision is violated. -- answer--Trianon Park
Condominium vs. City of Hialeah 1982
What is the term for an allegation of facts sufficient on their face. -- answer--prima facie
______________ discrimination is discrimination motivated by constitutionally impermissible reasons
such as race, religion, or the defendant's exercise of the first amendment. -- answer--Invidious
(2026/2027) – Code Enforcement Legal
Certification Exam
Board members and special magistrates are governed by what Florida Statutes Chapter? -- answer--
Florida Statutes Chapter 112 Standards of Conduct for Public Officers and Employees
What is duces tecum? -- answer--to subpoena evidence to a hearing
What is ad testificandum? -- answer--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? --
answer--The Board
The Code Enforcement members are precluded from initiating ___________ actions -- answer--
prosecutorial
A board member may report an alleged violation as a ___________ _________. -- answer--private
citizen
Who has the power to reduce or release a lien? -- answer--Local governing body
The ________ Case call for a separate hearing before final imposition of a fine for non-compliance. --
answer--Massy and Massy vs. Charlotte County
, True or False. Section 162.07(3) provides that formal rules of evidence shall apply, and "fundamental
due process shall be observed and shall govern proceedings." -- answer--False. Formal rules of evidence
shall NOT apply and the fundamental due process shall be observed and shall govern proceedings.
__________ 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. -- answer--Super Fines
What are the implied powers of the Board? -- answer--entertain motions for extensions of time and
reduction of penalty, order demolition
5th Amendment -- answer--No Self-Incrimination, No Double Jeopardy, No deprivation of life liberty or
property without due process of law
What does the Fourth Amendment have to do with? -- answer--searches and seizures (search warrant)
The Fourth Amendment to the US Constitution protect against what? -- answer--unreasonable searches
and seizures
The Fourth Amendment of the United States Constitution guarantees what? -- answer--the right of
privacy free from unreasonable state intrusion
The decision to investigator or subsequently cite, or not cite, an alleged violator for code enforcement
violation is _____________ . -- answer--Discretionary
Case ___________________ stated that the judicial branch has no authority to interfere with the
conduct of discretionary functions unless a constitutional provision is violated. -- answer--Trianon Park
Condominium vs. City of Hialeah 1982
What is the term for an allegation of facts sufficient on their face. -- answer--prima facie
______________ discrimination is discrimination motivated by constitutionally impermissible reasons
such as race, religion, or the defendant's exercise of the first amendment. -- answer--Invidious
