Ponce Inlet, FL — In a recent dispute concerning local regulatory fees, Circuit Judge Dennis Craig, presiding over civil cases in Volusia County, emerged victorious against the Ponce Inlet Code Enforcement Board. Craig, acting in his capacity as a private citizen and landlord, challenged the legality of a rental permit and inspection fee imposed by the town.
Craig argued that a Florida law enacted last year strips municipalities of the authority to levy such fees on landlords. Specifically, he contended that Ponce Inlet’s $500 fee for a rental permit and inspection was invalidated by state legislation, advocating for its repeal and suggesting refunds to those who had paid it.
Ponce Inlet, home to 436 rental properties, collects $400 for a rental permit and an additional $100 for annual housing inspections, generating $218,000 annually from these fees. During the board meeting, Drew Smith, representing the town’s legal interests, acknowledged the town’s decision to drop its case against Craig prior to his testimony.
The town mayor, Lois A. Paritsky, indicated that the town attorney would seek guidance from the state Attorney General to determine if the state law indeed overrides the local ordinance. Paritsky emphasized the importance of withholding public commentary until the Town Council could fully deliberate on the matter in their August meeting.
Reflecting on the enforcement of this law, Craig presented the Florida Statute Chapter 83.425, also known as “Preemption,” which asserts that the state has exclusive jurisdiction over residential tenancies and landlord-tenant relationships, nullifying local regulations. His declaration to the board was straightforward: “You are done. You are out of the business of regulating landlords and tenants.”
The chairman of the Code Enforcement Board, Peter Finch, stated that the board was not in a position to decide on the refund issue. He admitted his unfamiliarity with the specific legal frameworks but commended Craig on his compelling presentation.
This confrontation is not Craig’s first encounter with local regulations. In the past, he successfully contested red-light camera citations in Palm Coast, reflecting his active stance against what he perceives as overreach by local authorities. In both instances, challenges to the red-light camera violations led to dismissals, underscoring potential issues with enforcement methodologies.
As the debate continues, the outcome of the August Town Council meeting could set a precedent for how municipalities across Florida manage and implement fees relating to property rentals. The ongoing legal review by Ponce Inlet could potentially impact similar ordinances statewide, highlighting the tension between state and local governance in regulating property rentals.