Daytona Beach magistrate fines multiple owners for illegal short‑term rental listings

DAYTONA BEACH, Fla. — Special Magistrate Robert Riggio on Aug. 26 ordered fines against multiple property owners after the city presented evidence that their houses were advertised for short‑term rentals in zoning districts that prohibit that use. The magistrate found violations at 815 Vernon Street, 1216 Sunland Road, 109 Briar Creek Circle and 507–509 Jessamine Boulevard and imposed fines ranging from $500 to $15,000, with the larger penalty reserved for a repeat offender.

Why it matters: City attorneys told the hearing that advertising a dwelling for transient stays is itself a violation and causes "irreparable and irreversible" harm to neighbors and the licensed lodging industry. Magistrate rulings can lead to fines, liens and repeat penalties of up to $15,000 per occurrence under the enforcement provisions the city cited.

The city presented each case as a field‑generated zoning violation in neighborhoods zoned SFR‑5, where "other accommodations," including vacation rentals and transient lodging, are not permitted. City inspector Mr. Yates described the advertising evidence, posted daily rates and check‑in/check‑out times used to identify the listings. City attorney Miss Diaz argued the advertisements alone meet the evidentiary standard and cited Florida law supporting enhanced penalties.

In the first matter, RTLO82542, the magistrate found 5 Family Houses LLC in violation for advertising 815 Vernon Street; the property was taken down and brought into compliance on July 18, 2025, and the magistrate ordered a $1,000 fine. Magistrate Riggio said the fine was "commensurate with other proceedings" and noted the city may place repeat offenders on a future agenda for higher penalties.

In RTLO82543, the magistrate heard from Spencer Perry, who said he listed 1216 Sunland Road while his son needed short‑term housing while attending Embry‑Riddle Aeronautical University. Yates testified the advertisement was first observed Aug. 6 and removed Aug. 7; the city requested a $1,000 fine. Riggio reduced the fine to $750, citing the respondent's prompt action and the student circumstance.

In RTLO82544, Georgia R. Hines Loban testified she posted a guest room after a job loss and her husband's deployment; Yates said the property's listing showed a $93 daily rate and was removed within an hour of notification. Miss Diaz told the magistrate the city's standard recommendation was $1,000; Riggio reduced that fine to $500, citing the quick removal and lack of bookings.

In a separate and longer hearing, the magistrate addressed repeated allegations against Joanne DeBaron King for 507–509 Jessamine Boulevard. The city presented a history of prior complaints and a previous 2016 enforcement action. Miss King argued the online posting was not made by her and provided testimonial claims of identity theft and bank attempts; she also said a property manager and realtors had been involved historically. Miss Diaz countered that the city's evidence (screenshots and a listing that named the respondent as the contact) met the preponderance standard. Magistrate Riggio concluded the city met its burden and ordered a $15,000 fine; he advised King she could seek evidence from the listing platform (VRBO) and pursue a lien review or other remedies if she proves the listing was placed by someone else.

Throughout the hearings Miss Diaz repeatedly framed the violations as "irreparable and irreversible," quoting Florida statutory provisions the city relied upon for enhanced penalties. Magistrate Riggio noted the city's standard fine practice and, in cases where respondents acted quickly to remove listings, exercised discretion to lower penalties in three of the matters heard that morning.

The magistrate also restated that repeat violations may trigger the $15,000 maximum penalty set forth in the cited state statute and that fines may become liens against properties if unpaid.

The magistrate's decisions resolve the cases heard Aug. 26 and include civil penalties and instructions on how respondents may seek further administrative review or lien relief.

Sources: Proceedings of the City of Daytona Beach Special Magistrate hearing, Aug. 26, 2025. City inspector Mr. Yates; city attorney Miss Diaz; Special Magistrate Robert Riggio.