Lantana, FL — June 2025
Sandy Martinez, a single mother in Lantana, Florida, is taking her years-long legal battle over code violations to the Florida Supreme Court, arguing that the $165,000 in municipal fines levied against her for minor property infractions are unconstitutional and financially ruinous.
At the center of her case are allegations of “taxation by citation,” a term used by her attorneys at the Institute for Justice, a national nonprofit law firm that fights government overreach. The group contends that Lantana’s steep fines for issues like parking on her lawn, having a cracked driveway, and waiting on storm damage repairs represent an abuse of municipal power.
“This is a classic case of the punishment not fitting the crime,” said Mike Greenberg, Martinez’s attorney. “Six-figure fines for parking on your own property are outrageous.”
How the Fines Stacked Up
Martinez’s troubles began in May 2019, when Lantana code enforcement issued her a citation because some of her family’s four vehicles were occasionally parked with two wheels on the lawn. That infraction triggered a daily fine of $250, ultimately adding up to $100,000.
Attempts to resolve the issue early on were unsuccessful, Martinez said, despite reaching out to the city for clarification and correction.
Then came two additional citations:
- Cracked driveway: $75 per day for 215 days = $16,125
- Fallen fence (after a storm): $125 per day for 379 days = $47,375
In total, Martinez accrued $165,000 in fines, which she says far exceeds the actual cost to fix the issues and disproportionately penalizes working families like hers.
A Constitutional Test of Florida’s Excessive Fines Clause
Martinez originally sued the city in 2021, but lower courts sided with Lantana. Now her case, filed with the Florida Supreme Court this week, argues that such excessive penalties violate Florida’s state constitution — particularly the Excessive Fines Clause, which mirrors protections under the Eighth Amendment of the U.S. Constitution.
The lawsuit seeks to set a precedent against excessive municipal fines that, critics say, often target lower-income residents who are less able to pay and more likely to default.
“No one should lose their financial future because of a cracked driveway or a fallen fence during a storm,” Martinez said in a statement.
Town Silent as Supreme Court Weighs Case
Local officials have declined to comment publicly on the lawsuit. In past statements, Lantana officials have defended their enforcement actions as necessary to uphold community standards and protect property values.
Legal observers note that if the Florida Supreme Court sides with Martinez, it could trigger changes in how cities across the state assess and collect code enforcement fines, particularly in cases where penalties spiral into tens or hundreds of thousands of dollars for low-level violations.
Financial and Civic Lessons for Homeowners
While Martinez’s case is extreme, it underscores broader concerns about how code enforcement is used in U.S. towns. Experts recommend homeowners take steps to protect themselves:
- Request written notices and keep detailed documentation.
- Review your local ordinances to avoid surprise violations.
- Act quickly to address citations or seek extensions.
- Build an emergency fund for home repairs (1–3% of home value annually).
- Request fine reductions or hardship waivers in writing.
- Consult legal aid if you believe fines are excessive or retaliatory.
