Special magistrate fines seven Daytona Beach properties for short‑term rental code violations

Special Magistrate Robert Regio found multiple property owners in Daytona Beach in violation of the city's land development code that prohibits short‑term rentals in certain residential zones and ordered fines after hearing cases on April 2025.

The magistrate said the violations were "irreparable and irreversible" because advertising for transient stays cannot be fully undone once posted online, and he applied penalties after inspectors confirmed listings were active or patrons were observed on site.

The cases were heard as part of a special magistrate proceeding and covered seven matters generated either by field inspections or complaints. In five cases the magistrate imposed the $1,000 penalty the city requested, one case was reduced to $900, one was set at $1,220 after mitigating statements, and one repeat offender was fined $15,000. One case involving Deanna and Sylvana Nicosia was continued to May 27, 2025.

The city's inspector summarized each violation on the record, citing dates the listings were first observed, the dates listings were removed, advertised nightly rates, and the number of reviews shown on the advertisement. City Attorney Melissa Diaz argued on the record that advertising a property as a vacation rental is included in the legal definition of a vacation rental and that advertising produces benefits to the owner and impacts to neighbors that cannot be fully reversed once posted on the internet.

Respondents gave brief explanations or pleas for leniency. Claudia Mendoza, appearing for Marmon Real Estate LLC, said she is the owner and that she removed the listing as soon as she learned of the restriction. Timothy Grady told the magistrate he is bedridden, that his daughter listed the property without his knowledge, and that he has lived in Daytona Beach for 30 years; the magistrate reduced his fine to $900. Bridal Hoch and Farhana Achter acknowledged the violation and were assessed $1,220 after the magistrate credited prompt cooperation and the nightly posted rate. Rivera Investors LLC and another respondent each received $1,000 fines after bringing properties into compliance. Richard Gilbert was fined $1,000 after the magistrate found the property had 32 reviews and a posted rate of $200 per night. Opulent Home Healthcare LLC, a repeat offender with multiple prior citations, was found not in compliance and assessed a $15,000 fine.

The magistrate consistently cited Chapter 162 of the Florida Statutes and the city's land development code (Article 4, Section 4.1.a; Article 5, Section 5.2.a.2) in making findings that the proprietors obtained economic benefit from advertisements and that the conduct harmed surrounding neighborhoods by increasing density, parking pressure and noise. For properties that were brought into compliance, the orders noted the compliance date and warned that future repeat violations could result in fines of up to $15,000 per occurrence.

The hearing record shows the city relied on inspection dates and archived advertisements as evidence of advertising; several respondents said they removed listings promptly after notification or that they were out of town or unaware. One case was continued to the May 27, 2025 hearing because counsel for the respondent was unavailable.

The magistrate closed the session after entering the written findings and fines and directed that orders be signed and mailed to respondents. The hearing transcript and signed orders will govern payment instructions and any future enforcement steps.