Flagler Beach magistrate suspends fines, orders driver education in multiple parking-violation appeals

Special Magistrate Gregory Pop on Monday reviewed multiple parking-citation appeals for the City of Flagler Beach and, while finding technical violations in each case, suspended monetary penalties in favor of short educational requirements for the appellants.

Pop, presiding at the special magistrate hearing, said he would not impose fines where circumstances showed limited public-safety risk and where appellants were willing to undertake education of other drivers. “Iam going to find that there was a technical violation, but not an egregious one,” Pop said, and added he would “require you to do some education of other drivers.”

The outcome affected at least three appellants who appeared in person or by telephone. In case number 2497, an appellant who gave her name as Mary Diane Bradburn Luke's of Palm Coast appealed a citation issued May 15 for parking on a sidewalk or crosswalk. The city attorney, Drew Smith, said the city would “concede to the sidewalk conditions that she's testified to” and recommended a lenient resolution. Pop ruled there had been a technical violation but instead of a fine ordered the appellant to speak with at least 10 drivers and submit a form documenting those conversations to the city within a provided timeframe.

In another appeal, Ellen Marie Malloy of Flagler Beach disputed a citation issued April 25 for an SUV allegedly parked on a sidewalk on South Central Avenue while she unloaded cleaning supplies. Malloy told the magistrate she had asked in advance and been told she could unload in that area. The magistrate noted the public-safety rationale for prohibiting sidewalk parking but likewise suspended a fine and required Malloy to complete the same educational outreach; he allowed 60 days for compliance.

In a separate case, Geraldine Remindo of Hyde Park, Massachusetts, appealed a citation from April 29 after she said she had a valid handicap placard but had not displayed it. Pop noted Florida law requires a placard to be displayed and described the violation as technical. With no objection from the city attorney, Pop upheld the citation but imposed no penalty; he asked Remindo to speak to other eligible drivers about remembering to display placards and encouraged her to pursue a permanent tag through the DMV to avoid future incidents.

City staff and the magistrate repeatedly emphasized the public-safety reasons for sidewalk and dune parking restrictions, noting that even partial obstructions can create hazards for people using wheelchairs or other mobility aids. Drew Smith, City Attorney, said the city was taking “a lenient stance” in the cases where the parked vehicle had not created an active hazard because in those instances the sidewalk led to a closed or barricaded area.

The magistrate also discussed hearing logistics with city staff: he said roughly 10 parking appeals were scheduled for the session and suggested batching cases by officer or time slot to reduce waiting. He asked staff to provide written orders and to send the appellants notification of the rulings.

No formal motions or votes involving elected officials occurred; the hearing record shows the magistrate issued orders in the individual citation appeals. Each order in the record reflects a finding of a technical violation but either suspends the fine or replaces monetary penalties with an education requirement or an honor-system commitment to correct behavior.

The hearing concluded with Pop noting additional code enforcement and potential foreclosure matters on the docket for future hearings and then adjourning the session.