Daytona Beach special magistrate reduces one lien, fines three properties for short-term rental violations

Special Magistrate Robert Riggio ordered a lien reduction and issued fines for short-term rental zoning violations during the March 25, 2025 Special Magistrate proceedings for the City of Daytona Beach.

Riggio reduced a municipal lien on 1409 Third Street to $2,500, ordered payable within 30 days, and fined three property owners for advertising short-term rentals in districts where such use is not permitted. The magistrate issued a $500 fine to Margaret Warfield Johnson for a unit at 145 North Halifax Avenue, Unit 205, and $1,000 fines to Central Florida GOTA LLC for 2326 South Peninsula Drive and to Marcetta Richardson for 175 Yorktown Drive, Unit 11.

The lien reduction followed testimony from city staff and the property owners that the property had come into compliance. City staff initially sought full recovery of a lien totaling $10,034.21 (including recording fees and interest). According to the record, staff recommended reducing the lien to $2,500 based on delays caused by a contractor and subsequent completion of required permits and inspections. Riggio ordered the reduced amount paid within 30 days, warning that failure to pay would revert the lien to the original amount.

On three short-term rental cases, city staff presented the position that advertising a property as a vacation rental is “irreparable and irreversible” under the city’s enforcement approach and cited Chapter 162 of the Florida Statutes as authorizing fines up to $15,000 per violation. The city requested one-time fines of $1,000 in each case; staff argued that online advertising cannot be fully removed and that transient rentals can cause neighborhood impacts including parking, noise and safety concerns.

In the first short-term rental case, the magistrate found Margaret Warfield Johnson in violation of Land Development Code Article 4, Section 4.1(a) and Article 5, Section 5.2(a)(0.8.0.2). The magistrate noted the property was brought into compliance on Feb. 25, 2025, and imposed a $500 fine, with a warning that repeat violations could prompt fines up to $15,000 as allowed by Chapter 162, Florida Statutes.

In the Central Florida GOTA LLC matter, manager Larry Gomez acknowledged the company had relied on a property manager and removed the listing once notified; the property was brought into compliance on March 11, 2025. Riggio found in favor of the city’s irreparable/irreversible rationale and ordered a $1,000 fine.

In the Richardson matter (Marcetta Richardson and Gary Richardson as recorded owners), staff said advertising stopped March 7, 2025. The magistrate found the violation occurred March 5, 2025, and ordered a $1,000 fine; the record notes Gary Richardson remains on the property appraiser’s records. Riggio repeatedly stated that under Florida law respondents are presumed to know local ordinances, making lack of awareness not a defense in these proceedings.

The magistrate closed the session after the listed matters. For each case the orders include a warning that unpaid fines become liens on the property and that future repeat violations may be referred back for consideration of larger fines.