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. Magistrate: "I am going to assess a fine of $1,000, and not the maximum." (Finding and order rendered.) - Case RTLO22510 (148 West Sandalwood Court), owner: Frederick O. Johnson — violation observed 01/24/2025; posted rate $94; 4 reviews shown; fine assessed $750. Magistrate noted the respondent cooperated and accepted documentary evidence from an HOA in mitigation. - Case RTLO22511 (100 Rosebank Road), respondent represented by Sherry Louise Hammond for Frederick Johnson — violation observed 01/17/2025; posted rate $58; fine assessed $250. The magistrate allowed consolidated consideration and set the lower fine for this matter. - Case RTLO22512 (619 Glenview Boulevard), owner: William A. Brown — violation observed 01/31/2025; posted rate $91; 206 reviews recorded; fine assessed $1,000. Brown argued the zoning felt inconsistent with the surrounding tourist area, but the magistrate found the BR-1 zone does not permit short-term rentals. - Case RTLO22514 (416 N. Peninsula Drive), owners: Paul and Elizabeth Natoli — violation observed 02/06/2025; posted rate $362; one review; fine assessed $750 after the city reduced its recommendation to $750 citing hardship (respondents live out of state and said they were selling the property). - Case RTLO120506 (500 Jimmy Ann Dr. #111), respondent: MP Lake Forest LLC (represented by community manager Marissa Jenkins) — violation observed and brought into compliance 01/28/2025; posted rate not specified in hearing summary for the ruling; fine assessed $1,000. Jenkins said the listing was placed by a resident in breach of lease; ownership said it will pursue reimbursement from the tenant.

City position and legal basis City staff, summarized by a code enforcement representative identified as Mr. Yates and Assistant City Attorney Melissa Diaz, told the magistrate that posting advertisements for transient lodging in districts that do not authorize "other accommodations" (defined in the land development code and tied to Florida statute definitions for vacation rentals) creates an irreparable benefit to the owner and an irreversible effect on the neighborhood and regulated lodging businesses. Diaz said the city previously assessed higher fines but had reduced amounts in some recent matters to reflect individual circumstances; she noted the city considered fines up to $15,000 per occurrence under the relevant statutes but recommended lower one-time penalties in these cases.

Respondent statements and mitigation - Dr. Garley R. Saint Croix (identified in hearing as an interventional cardiologist at AdventHealth Halifax) told the magistrate he purchased the property after flooding at his home and said he intended a long-term rental; he said he received mixed advice from a realtor and removed listings when notified. He asked for a warning in place of a fine; the magistrate imposed $1,000. - Sherry Louise Hammond spoke for Frederick Johnson, describing reliance on realtor guidance and HOA rules; the magistrate accepted HOA documentation for one property and reduced fines across Johnsons two cases to $750 and $250 respectively. - William A. Brown argued the area around his Glenview Boulevard property is commercial/tourist in character and described difficulty finding the specific code language; Deputy City Attorney Anthony Jackson and staff walked through how the land development code and Florida statutes define and grandfather certain uses. The magistrate found the propertys BR-1 zoning does not permit short-term rentals and assessed $1,000. - Paul and Elizabeth Natoli said they purchased their property recently while living out of state and had a single three-day stay; they said they planned to sell the house because they could not afford two mortgages. The magistrate reduced the fine to $750. - Marissa Jenkins, community manager for MP Lake Forest LLC, said the apartment lease prohibits subletting and that ownership was unaware a resident listed the unit; the magistrate assessed $1,000 and noted owners may seek reimbursement from the tenant.

Enforcement implications and next steps The magistrate repeatedly told respondents that fines not paid within 30 days can be recorded as an order that runs with the land and becomes a lien recorded with the county clerk. The magistrate also noted that future violations could result in consideration of larger fines (up to $15,000 per occurrence under chapter 162 of the Florida Statutes). Several respondents were directed to consult the citys permits and planning offices for zoning maps and possible legislative avenues for rezoning.

Ending The Special Magistrate closed the proceedings after hearing all six cases and ordering the fines and compliance conditions summarized above. Several respondents were directed to consult city staff (Permits & Licensing or Planning) for registration procedures or possible future changes to zoning; the magistrate and deputy city attorney noted that requests to change zoning are legislative matters for the city commission, not the magistrate hearing.