Special Magistrate Robert Riggio ordered fines against four property owners on July 22, 2025, after finding they advertised short-term rentals in Daytona Beach zoning districts where such uses are prohibited.
The magistrate levied a $1,000 fine against Fabiola Christina Diaz Barraza for advertising 517–515 Butler Boulevard (case RTLO72538); ordered $1,000 against owners Robert DeMeo, Dean Thomas Hussey and Kevin Lalor for 506 University Boulevard No. 2 (case RTLO72539); assessed a $15,000 fine against Devendra Kumar for 606 Braddock Avenue (case RTLO72541); and imposed a $1,000 fine on Paul A. Merck for 346 Plaza Boulevard (case RTLO62537). In each order the magistrate found the violations "irreparable and irreversible" as described by the city's presentation and directed the respondents to bring the properties into compliance.
The city presented similar evidence in each matter. City attorney Miss Diaz told the magistrate that "once properties are advertised, they're never truly unadvertised," arguing that online listings create long‑lasting benefits for owners and are therefore "irreparable and irreversible" under the city’s reading of Florida Statutes chapter 162. City code inspector Mister Yates supplied case details including the first-observed date, the date advertising was removed, posted nightly rates, and the number of reviews on the listings. For example, Yates said the Butler Boulevard listing showed a $290 nightly rate and three reviews and that the property stopped advertising on June 26, 2025; the 506 University Boulevard listing showed a $76 rate and was taken down on July 11, 2025; the Braddock Avenue advertisement listed a $425 nightly rate and three reviews and was removed July 2, 2025; and the Plaza Boulevard listing was taken down June 24, 2025.
Respondents offered explanations and, in several cases, asked for leniency. Fabiola Christina Diaz Barraza told the magistrate she is new to Daytona Beach and said she removed the advertisement after speaking with the inspector; she asked the court to consider a reduced fine because she said she had not intended to violate zoning rules. Dean Thomas Hussey (one of the owners cited at 506 University Boulevard No. 2) acknowledged an error in checking zoning and apologized; he said his group removed the listing quickly after being notified. Paul A. Merck said a tenant had placed the listing and that he removed it as soon as he learned of it. Devendra Kumar told the magistrate he had personal and financial hardships and said he believed calendar syncs and older bookings caused the listing to reappear; he acknowledged prior notices regarding the same address.
Riggio cited repeat notices and prior cases in imposing the fines. In Devendra Kumar’s case, the magistrate noted two prior proceedings involving that address (RTLO12135 on Jan. 29, 2021, and RTLO92488 on Sept. 30, 2024) and concluded a $15,000 fine was appropriate for a third violation. For the other three properties the magistrate reduced or set fines at $1,000, noting the properties were brought into compliance prior to the hearings.
Each order included a warning that repeat violations may result in fines of up to $15,000 per occurrence under chapter 162 of the Florida Statutes and directed respondents to pay the stated fines and to cease future violations. Payment instructions will be mailed to the address on file with the Volusia County property appraiser unless respondents coordinate a different billing address with city staff.
The hearing was convened by Riggio with city staff present in commission chambers and respondents participating via Zoom. The magistrate closed the session after reading the orders and confirming compliance dates where applicable.