Special magistrate orders $250-per-day fines for Lantana Holdings after affidavit of noncompliance

Special Magistrate Amity Barnard on Thursday ordered the Town of Loxahatchee Groves to assess fines of $250 per day for two separate code cases against Lantana Holdings LLC, after the town recorded an affidavit of noncompliance showing the property remained in violation.

Barnard based the order on a recorded affidavit of noncompliance dated Sept. 17, 2025, and the First Amendment to a previously executed joint code enforcement stipulated agreement. Barnard said the fines begin on the effective date of the amendment, June 27, 2023, and continue to accrue until the property complies with town code. "Having noted that the property remains in violation . . . I will issue an order assessing fine that contains both case numbers, 23010003 and 23010006," Barnard said.

Diana Thomas, code enforcement officer for the town, told the magistrate the town recorded the affidavit of noncompliance after failing to receive a required bond and after the property remained out of compliance. Thomas said the town had filed the affidavit on Sept. 17, 2025, and that a bond required under the town's vegetation removal guidelines had not been posted. The town asked the magistrate to impose the fines specified in the stipulation.

Attorney (last name) German, representing the tenant identified in filings as FERP Holdings, and Moises Benzaquen, a representative of Lantana Holdings, addressed the hearing. German said the tenant and owner intend to submit permit applications in the next two to three weeks and that logistical issues related to underwriting had delayed the posting of a bond. Benzaquen, appearing remotely, said he was aware of the ruling and understood that clearing the violations was required before seeking any mitigation.

Barnard read paragraph 7 of the first amendment into the record, which replaces paragraph 6 of the stipulation and states that if the owner fails to comply the town will record an affidavit of noncompliance and seek fines as follows: $250 per day for case 23010003 and $11,452.50 per day for case 23010006 per an attached fine schedule. The magistrate questioned the jurisdictional basis for the larger $11,452.50 figure and concluded she would impose $250 per day for each case, consistent with her reading of the amendment and her authority in this proceeding.

Barnard calculated 833 days from June 27, 2023, through the hearing date and announced cumulative fines of $208,250 for each case to date, for a combined total of $416,500 to date, with both fines to continue accruing at $250 per day until compliance is achieved. The magistrate noted that the recorded documents included the stipulated agreement, the first amendment, past orders continuing the matter, and the affidavit of noncompliance.

Barnard also explained that a request to mitigate fines may be considered only after the property achieves compliance. "You can't request mitigation of the fines until the property is in compliance with the town's code," she said.

The order will be issued as a combined order covering both case numbers and will reflect certified-mail service and the waiver language in the stipulated agreement related to procedural rights. The magistrate said no administrative costs would be assessed in the order issued that day and urged the parties to work with town staff to achieve compliance and arrange reinspections once violations are corrected.

Clarifying details, including the recorded affidavit, the stipulation amendment language, and the absence of the required vegetation-removal bond, were entered into the record and admitted by agreement of the parties.