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A fed-up Florida homeowner battling a whopping $165,000 in fines for nitpicky property violations — including a cracked driveway and a toppled fence — is dragging her case to the state’s Supreme Court.
Officials in the city of Latana, about 20 minutes south of Palm Beach, even fined Sandy Martinez for how she parked in her driveway. That alone set the single mom back a hefty $100,000 as daily penalties piled up.
Martinez’s parking fines started accumulating in May 2019. When all four family members’ cars were home at her household, sometimes one would end up with two tires on the lawn.
The penalty for that? A whopping $250 a day.
After the first citation, Martinez tried to arrange a visit with a code-enforcement officer to show she had corrected the violation. But those efforts proved “fruitless” and the daily fines accumulated, she said in a lawsuit she filed in 2021 against the city of Latana and local code enforcement.
“Six-figure fines for parking on your own property are outrageous,” Institute for Justice Attorney Mike Greenberg, the lawyer representing Martinez, said in a news release about the case.
The city also fined Martinez for “minor and purely cosmetic” cracks in her driveway, according to court papers.
Martinez didn’t have enough cash to fix the driveway right away. She was then hit with $75 fines every day for 215 days, for a total of $16,125 — “far greater than the cost of an entirely new driveway,” she said in the litigation.
Then there was the fence.
A major storm downed it, but resolving the insurance claim to fix it took a while. During that time, Martinez was hit with $125 daily fines for 379 days, totaling $47,375.
Martinez lost when she took her case to court in 2021, with the lower courts ruling against her.
Now she thinks it’s time for Florida’s highest court to weigh in on a constitutional basis — the right to be free from excessive fines and government abuse, protected by the Florida Constitution’s Excessive Fines Clause.
The case epitomizes “taxation by citation,” something small towns, more prone to economic hardship, can sometimes rely on for part of their budgets, according to the Institute.
The Institute says municipal code enforcement has become a “cash cow” in Florida, with some towns generating millions of dollars annually.
Local officials did not immediately return a message seeking comment.
BREVARD COUNTY, Fla. – A Florida Highway Patrol trooper was punched in the face after pulling over a van on Interstate 95 in Brevard County near the Indian River County line, according to FHP.
Traffic cameras showed a large law enforcement presence along I-95 near the 166-mile marker on Monday morning.
According to an FHP report, a trooper was conducting traffic enforcement in the southbound lane when he spotted a white 2007 Ford Transit van weaving in the center lane and nearly clipping a semi-tractor-trailer. When the trooper pulled the van over, all seven occupants bailed out of the passenger side and fled west into the nearby woods on foot.
The trooper made contact with one of the men — later identified as Luis Angel Gomez Lopez, 18, of Orlando — who also tried to run toward the woods, the report states.
After Gomez Lopez ignored repeated verbal commands to stop, the trooper deployed his department-issued Taser, striking Gomez Lopez in the back. Gomez Lopez kept resisting, and the trooper deployed a second Taser cycle. During the struggle, both Gomez Lopez and the trooper tumbled down an embankment, the report states.
While the trooper was trying to handcuff Gomez Lopez, Gomez Lopez struck the trooper with a closed fist on the right side of his face, the report states. The trooper was then able to gain control and place Gomez Lopez in handcuffs. A Brevard County deputy helped secure Gomez Lopez in the patrol unit.
Multiple agencies responded to help search for the six men who got away, including the Brevard County Sheriff’s Office, the Florida Fish and Wildlife Conservation Commission K-9 unit, the BCSO Aviation Unit “STAR,” and the Indian River County Sheriff’s Office drone unit. All six suspects were not located, according to the report.
Gomez Lopez was evaluated on scene by Brevard County Fire Rescue, then transported to the hospital for medical clearance before being booked into Brevard County Jail.
He faces a felony charge of battery on a law enforcement officer and a misdemeanor charge of resisting an officer without violence, the report shows.
Anyone with information on the six suspects on the run is urged to call the Florida Highway Patrol.
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Entertainment
MIAMI (AP) — Two South Florida police officers claim Ben Affleck and Matt Damon’s recent action thriller “The Rip” used too many real-life details in its fictionalized narrative, causing harm to the officers’ personal and professional reputations, according to a defamation lawsuit.
Jason Smith and Jonathan Santana, sergeants in the Miami-Dade Sheriff’s Office, filed the lawsuit in Miami federal court earlier this month against Artists Equity, a film production company owned by Affleck and Damon. Court filings don’t say how much the officers are suing for, but the civil complaint says they’re seeking compensatory damages, punitive damages and attorney fees, as well as a public retraction and correction.
“The Rip” features Affleck and Damon as South Florida police officers who find millions of dollars inside a house. Parts of the movie were inspired by a real 2016 case, where police found over $21 million linked to a suspected marijuana trafficker in a Miami Lakes home.
An attorney for Artists Equity declined to comment when reached Monday by The Associated Press. But in a March 19 response to the plaintiffs’ demand letter, Leita Walker, an attorney for Artists Equity, wrote that the film does not purport to tell the true story of that incident or portray real people, which had been stated by a disclaimer in the film’s credits.
Although Smith and Santana aren’t named in the film, the lawsuit claims that Santana was serving as the lead detective assigned to the real case, and Smith was the sergeant who supervised the investigative team. The film’s inclusion of real details about the case gives the impression that the characters are based on the plaintiffs, the suit said.
And this, the lawsuit claims, has given friends, family members and colleagues the impression that the plaintiffs committed the criminal acts that appear in the film, which include (SPOILER ALERT) conspiring to steal seized drug money, murdering a supervising officer, communicating with cartel members, committing arson in a residential neighborhood, endangering the lives of civilians, repeatedly violating core law-enforcement protocols and executing a federal agent rather than making an arrest.
Walker wrote in March that the plaintiffs haven’t even identified which particular character is supposed to be based on Smith or Santana, so even if “The Rip” was actually about a real-life narcotics team, there’s no way to connect any of the characters to the plaintiffs.
“The Rip,” directed by Joe Carnahan, debuted in January on Netflix. It’s currently rated 78% Fresh on Rotten Tomatoes.
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