Magistrate fines Patients Lane property $450; finds service by posting

Special Magistrate Doug MacGibbon on Aug. 13 ordered a $450 fine and found service by posting for case 25-032110079, involving property owners Roberto Ferrer, Eiliana R. Rivera and Milena Ferrer at Patients Lane. The magistrate calculated 18 days of noncompliance at $25 per day and said the correction was completed on July 15.

The magistrate explained why the village's posted notice was legally effective: if mail service fails, the village may post a notice at the property and at city hall and that constitutes valid service under Florida law. He also explained how to stop the fine: "All you need to do is just save up the money until you've hit $450. They don't charge interest on these things."

The owner-side statement to the magistrate noted two senior residents at the property, Roberto and Iliana Saavedra, and said Milena Ferrer traveled from Miami to correct the violation after family medical issues limited the residents's ability to attend to the property. The magistrate expressed sympathy regarding the medical condition but said lack of actual receipt of mailing does not nullify service when posting rules are met.

The magistrate signed an order finding service by posting and ordered the $450 fine (18 days at $25 per day) as non-continuing; he explained that if the property is homesteaded the village cannot foreclose to collect the debt, and that owners should secure a receipt when they pay.

Ending: The magistrate advised owners to call code enforcement promptly after completing corrections and to retain receipts of any payments to the village to document satisfaction of the order.