Special magistrate fines short-term rental operators, releases lien and continues one Daytona Beach case

Special Magistrate Robert Riggio heard a series of short-term rental enforcement cases for the City of Daytona Beach at a June 2025 special magistrate proceeding and issued fines, a continuance and a lien release.

City attorneys and code inspectors asked the magistrate to find multiple properties in violation of the city's Land Development Code for offering short-term rentals in zones where they are not permitted. FB Jackson, attorney for the City of Daytona Beach, told the magistrate that advertising a property for transient guests is effectively irreversible on the internet and cited the statutory authority the city used to seek penalties.

Jackson said, "Once the properties are advertised, they're never truly unadvertised." He argued those advertisements give owners an immediate, irretrievable commercial benefit and undermine regulated lodging, inspections, licensing and tax collection.

Votes at a glance: RTLO case numbers, respondent, property, finding, compliance date and penalty - RTLO62532 — Mike Williams and Jennifer Ellis, 124 Loomis Avenue: Found in violation of Land Development Code (Article 4, Section 4.1(a); Article 5, Section 5.2). Property was brought into compliance on May 30, 2025. Magistrate ordered a one-time fine of $1,000 and warned future violations could carry fines up to $15,000 per Chapter 162, Florida Statutes. - RTLO62533 — Tatiana (Naomi) Barreto Ramos, 274 Rena Drive: Found in violation of the same code sections. Property stopped advertising on June 5, 2025. Magistrate ordered a $1,000 fine and warned that repeat violations could lead to fines up to $15,000. - RTLO62534 — Ishan Anil Patel, 2102 Green Valley Street: Found in violation of the same code sections. Inspector recorded four prior rentals for the property; the property was brought into compliance on May 30, 2025. Magistrate reduced the fine to $750 (from the city's $1,000 recommendation) in light of the respondent's prompt response; repeat violations could be fined up to $15,000. - RTLO62535 — Justin Carloni, 610 Roma Street: Found in violation of the same code sections. Property was brought into compliance on May 21, 2025. Magistrate ordered a $1,000 fine and warned of possible higher fines for future violations. - RTLO62536 — Wendy D. Scorpio, 4131 Colusa Pine Road: Found in violation of the same code sections. Property was brought into compliance on May 21, 2025. Magistrate reduced the fine to $750 because the respondent acted quickly to remove the advertisement; repeat violations could be subject to fines up to $15,000. - RTLO62537 — Paul A. Merck, 346 Plaza Boulevard: Hearing continued to July 22, 2025. The inspector reported the advertisement remained active; the owner told the court the posting would be removed that day and requested time to gather evidence. The magistrate granted a continuance so the parties could resolve outstanding issues.

Lien review and release The magistrate also heard a lien-review matter (case RTLO12503) involving Hebore and Ladico Benke for a Boysenberry Lane property. City staff told the magistrate that the recorded lien balance was effectively satisfied; Magistrate Riggio ordered the lien reduced to zero and directed the city to record the satisfaction so no payment remained due.

Procedure and legal basis City inspectors testified these cases were "field generated" and that the properties had been observed advertising on short-term rental platforms. The city repeatedly cited Chapter 162 of the Florida Statutes and the city's Land Development Code (Article 4, Section 4.1(a) and Article 5, Section 5.2) as the legal basis for findings and penalties. The magistrate noted he has exercised discretion in past cases to reduce fines when owners promptly took down listings and brought properties into compliance.

What happens next The magistrate advised respondents that fines become liens against property if they remain unpaid and that, under city practice and Florida law, recorded liens may remain as encumbrances and, after statutory timeframes, could be subject to foreclosure proceedings. The continued case is scheduled for the July 22, 2025 hearing.