Special magistrate fines six Daytona Beach properties for unlawful short-term rentals

A Special Magistrate in Daytona Beach on Feb. 25, 2025, found six property owners in violation of the citys land development code for advertising short-term rentals where such uses are not permitted and ordered fines ranging from $250 to $1,000.

The magistrate and city attorneys said the violations were "irreparable and irreversible" because advertising for transient lodging creates benefits the city cannot unwind and harms regulated lodging and neighborhoods. Assistant City Attorney Melissa Diaz told the hearing that "the effects of renting property or holding out property as a vacation rental cannot be reversed or repaired." The magistrate cited Florida Statute section 162.091(d) when explaining the legal basis for enhanced penalties.

City staff presented each case as a field-generated zoning violation, identifying the zoning district, the date the advertisement was observed, the posted nightly or daily rate, and whether listings or reviews were present. In each matter the city said the listing had been removed before the hearing and recommended reduced fines in some cases. Respondents and their representatives described misunderstandings about zoning, reliance on realtors or HOAs, or that listings were placed before owners knew how to register properties. Several respondents asked for reduced fines or a warning; the magistrate reduced some fines from the citys standard recommendation but imposed penalties in every case.

Votes at a glance - Case RTLO22513 (1116 Saint Augustine Road), owner: Dr. Garley R. Saint Croix and Estavelli Maristal — violation observed 01/31/2025; posted rate $150; listing removed 02/04/2025; fine assessed $1,000.…