Cocoa Beach Special Magistrate Addresses Misleading Vacation Rental Advertisements
- Meeting Overview:
In a recent Cocoa Beach Special Magistrate meeting, attention was directed toward improper advertising practices for vacation rentals, particularly focusing on misleading occupancy details. Additionally, the magistrate reviewed a case involving property maintenance violations, resulting in potential fines for non-compliance with city codes.
During the meeting, a key discussion emerged around the case involving Francis Dugen, who was present to defend against allegations of misleading advertising for vacation rental units on South Bard Avenue. The city had raised concerns that Dugen’s listings suggested a single expansive rental accommodating more guests than permitted by local regulations. The city representative clarified that the code allows a maximum of eight occupants per rental, with the possibility of two occupants per bedroom plus two additional occupants. The issue at hand was the presentation of the advertisement, which could mislead potential renters into believing they were booking a single large unit rather than multiple smaller units.
Dugen defended his position by stating that each of his four units was individually licensed and registered, maintaining occupancy limits of five guests per unit, which falls under the legal maximum. Dugen explained that the combination of listings was meant for guest convenience, asserting that it did not pose any life safety risks.
The magistrate’s focus shifted toward whether the city had provided enough evidence of a violation concerning occupancy limits. It was confirmed that no evidence suggested the property was hosting more guests than allowed. As a result, the magistrate directed attention to the misleading advertisement issue. There was a consensus that while the property owner believed they were following legal guidelines, the advertisement’s language could be more explicit to prevent misunderstandings.
A collaborative approach was proposed by the city to resolve the misleading elements of the advertisement without immediate penalties. A timeline was discussed, with the property owner suggesting a one-week compliance period, while the city requested two weeks. Ultimately, the magistrate set a compliance deadline of August 27, 2025, for amending the advertisement to eliminate misleading statements. Failure to comply would result in a subsequent hearing to address potential fines. The magistrate emphasized the importance of clear advertising to avoid community enforcement and regulatory challenges.
In another case, the meeting addressed property maintenance violations involving James Nance, who was absent. The city presented evidence of infractions on Colonial Drive, including trash, debris, and unregistered vehicles obstructing the sidewalk. Concerns were raised about the interpretation of section 22-3.5 of the city code, which deals with public right-of-way maintenance. Despite these concerns, the evidence clearly showed encroachments, leading to Nance being found in violation of multiple code sections. The city proposed a compliance deadline of August 20, 2025, before imposing a daily fine of $100 starting on August 21, 2025.
Keith Capizzi
Special Magistrate Officials:
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Meeting Type:
Special Magistrate
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Committee:
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Meeting Date:
08/13/2025
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Recording Published:
08/13/2025
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Duration:
39 Minutes
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Notability Score:
Routine
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State:
Florida
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County:
Brevard County
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Towns:
Cocoa Beach
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