Flagler Beach magistrate trims fines, orders education or service in multiple parking appeals

Magistrate Gregory Popp presided over a Flagler Beach special magistrate hearing to hear appeals of parking citations; he reduced or dismissed penalties in most cases but denied at least one appeal. The hearing covered wrong-direction parking, sidewalk parking, parking near intersections and newly striped no-parking areas; outcomes included dismissals, reduced fines and requirements that appellants complete short education or service tasks within 60 days.

Why it matters: The magistrate’s decisions underline a pattern by which the city and the magistrate use reduced civil penalties plus outreach or service as an alternative to full fines for first-time or mitigating circumstances while emphasizing public-safety reasons for strict no-parking rules (especially wrong-direction parking and striped/hashed emergency access areas).

In his opening remarks, Magistrate Gregory Popp told appellants that “these are your appeals” and explained the hearing standard: the burden is on appellants to show error or mitigating circumstances. He repeatedly flagged wrong-way parking as especially dangerous, saying it creates follow-on moving violations and compromises visibility.

Key outcomes (selected cases):

- Alyssa J. LaCirenza (employee, Golden Lion): Citation for parking the wrong direction (May 13). Popp offered a reduced civil penalty of $25 if LaCirenza conducts an educational outreach to 25 licensed drivers and files a sworn list within 60 days; she accepted that option. The city supported the reduced penalty and education in lieu of a larger civil penalty.

- Joyce DeMattis: Appeal denied. Popp reviewed photographs and testimony and concluded the signage and markings did not excuse wrong-direction parking; the citation was upheld.

- Timothy J. Adams (case parking201519): Cited for parking on the sidewalk/brick pavers near a restaurant area. The city acknowledged the spot is confusing and recommended reduction plus education; Popp reduced the fine and ordered outreach to 20 drivers to be documented and returned within 60 days.

- Nicole Kendall (case P01517FB): Kendall said she could not find a no-parking sign at the location and submitted photographs. The city said it lacked body-camera evidence to rebut her claim; Popp granted dismissal of the citation.

- Ben Allen (sidewalk parking/obstructing pedestrian path): The magistrate offered an alternative to a full fine: a reduced penalty of $40 in exchange for participation in a scheduled city beach cleanup (about three hours); Allen accepted.

- Fadi Faraj and Elizabeth Kolberg Faraj (case P01566FB): Cited for parking the wrong direction while visiting a management office. Popp reduced the fine to $25 and ordered outreach to 25 drivers (documented and sworn) within 60 days; the appellants agreed.

- Stephanie Vogt (K9s for Warriors volunteer/staff): Ticket from parking during a closed-road event. The city said the road had been closed for the event and offered no objection; Popp granted the appeal and dismissed the citation.

- George Myers (case PO1547FB): A long-time parker cited after FDOT recently changed striping and posted no-parking signs. The city acknowledged the change; Popp reduced the penalty in exchange for outreach to 10 drivers.

- David Boettcher (case P01652FB): Cited near a newly posted no-parking area leading to a beach access. Popp reduced the fine by 50% (to $30) and ordered documented outreach to 25 drivers.

- Dwight Robinson (case B01719FB): A disabled veteran cited for wrong-direction parking across from municipal lot entrance. The city recommended leniency after hearing the circumstances; Popp reduced the civil penalty to $25 with no additional tasks.

- Victoria Lee Dagnell (case P01593FB, telephonic): Cited for parking in a hashed/striped no-parking area created during recent A1A/FDOT work. Popp reduced the fine to $30 and required outreach to 20 drivers within 60 days; Dagnell accepted the requirement.

What magistrate and city staff emphasized: Popp and city staff repeatedly explained that (1) wrong-direction parking is dangerous because it can involve additional moving violations when entering and leaving a space, (2) hashed or cross-hatched pavement markings and newly posted signs (installed by the Florida Department of Transportation for emergency access and pedestrian crossings) also indicate no-parking areas even if signage feels unclear to a driver, and (3) education and community service are intended to promote compliance rather than simply punish first-time or mitigating cases. Popp told appellants: “When you park in that manner… your visibility is compromised,” and warned that he could impose higher penalties if an appellant showed an attitude of noncompliance.

Procedural details and next steps: Appellants who accepted the reduced-penalty alternatives were instructed to complete the required outreach or service and submit a sworn form documenting names/dates within 60 days. Appellants granted dismissals will receive written orders; those with reduced fines may pay the reduced amount online or by contacting the city clerk as directed in their orders.

Cases not listed individually: The hearing included additional individual appeals handled under the same standards; where the city lacked evidence (for example body-camera footage) the city sometimes recommended dismissal. The magistrate noted that the city is adjusting its approach as FDOT installs new striping and signs and encouraged outreach to tourists and local visitors to reduce repeat violations.

The magistrate closed the session after issuing written orders to appellants; those orders will specify payment instructions or the form and deadline for submitted education/service documentation.