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2024 LEGAL ISSUES OF CODE ENFORCEMENT EXAM WITH CORRECT ANSWERS
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2024 LEGAL ISSUES OF CODE ENFORCEMENT EXAM WITH CORRECT ANSWERS
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2024 LEGAL ISSUES OF CODEENFORCEMENT EXAM WITH
CORRECT ANSWERS
What is the intent of Code Enforcement? - CORRECT-ANSWERSTo promote,
protect, and improve the health, safety, and welfare of citizens of the
counties and municipalities of the state...
What member of a Code Enforcement Board has the power to initiate
enforcement proceedings? - CORRECT-ANSWERSNo member of the Board
Hearsay - CORRECT-ANSWERS"a statement, other than one made by the
declarant while testifying at the trial or hearing, offered in evidence to prove
the truth of a matter asserted"
Hearings are guided by what Chapter of the Florida Statutes? - CORRECT-
ANSWERSChapter 90
The following is the definition of what? Any species of proof, or probative
matter, legally presented at the trial of an issue, by act of the parties
through the medium of witnesses, records, documents, concrete objects,
etc., for the purpose of inducing belief in the minds of the court or jury as to
their contention. - CORRECT-ANSWERSEvidence
What is the only requirement of the Code Enforcement hearing is to
________________ to the alleged violator. - CORRECT-ANSWERSProvide due
process
Halley v. Department of Administration. - CORRECT-ANSWERSRules affecting
evidence in an administrative hearing are not the same as those required by
a full judicial hearing.
City of Miami v. Jarvis - CORRECT-ANSWERSA standard of basic fairness must
be observed in order to satisfy requirements of due process.
7. What are examples of a material fact? - CORRECT-ANSWERSidentity of the
owner, Code provision, identity of the violator
_________ evidence clearly shows some act or omission by the alleged
violator. - CORRECT-ANSWERSDirect
, Ex Parte is ______________ communication. - CORRECT-ANSWERSPrivate or
one-on-one
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. - CORRECT-ANSWERSNo person may
T or F. A person cannot waive a privilege - CORRECT-ANSWERSF. A person
can waive a privilege if the person "volutararily discloses or makes the
communication when he or she does not have reasonable expectation of
privacy..."
What is a warrant? - CORRECT-ANSWERSOrder in writing signed by Judge
ordering code inspector to conduct inspection
What is a court reporter called? - CORRECT-ANSWERSStenographer
What is an Opening Statement? - CORRECT-ANSWERSan outline for the jury
as to what you intend to prove during the trial.
If a violation is in Plain View of the public, the property owner has what
expectation? - CORRECT-ANSWERSNo reasonable expectation of privacy
concerning it.
The Plain View doctrine creates what limitation? - CORRECT-ANSWERSlimits
what an officer can view
If service of the Notice of Hearing is defective the board or Special Master
may proceed if what? - CORRECT-ANSWERSthe violator consents
The Board or Special Master cannot limit the amount of time a person can
testify they can limit the time to testify but it must be reasonable -
CORRECT-ANSWERS...
When is hearsay evidence admissible? - CORRECT-ANSWERSonly if
corroborated by other non hearsay evidence
Photographs may be admissible in a hearing if they are... - CORRECT-
ANSWERSverified as correct representation of physical objects
A Public officer barred from voting may - CORRECT-ANSWERSparticipate in
the discussion of the matter
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