‘Abusive and unfair’: Florida mom takes fight against her town to state Supreme Court after receiving $165K in ‘unconstitutional’ fines — her lawyers say it’s part of a broader national trend

Greenberg works for the Institute for Justice, a nonprofit public interest law firm representing Martinez in the case.

According to the organization’s website, its mission “is to end widespread abuses of government power.”

Its lawyers argue that Martinez’s case is a textbook example of “taxation by citation” — where cash-strapped municipalities use minor infractions to justify outsized penalties as a revenue-generating machine.

$100K in fines for parking at home

As the New York Post reports, Martinez’s problems started in May 2019, when she was cited because cars at her home occasionally had two tires parked on the lawn.

She said it was bound to happen with four family members and four vehicles. The penalty? A staggering $250 per day.

Martinez claims she tried to resolve the situation by meeting with a code enforcement officer after the initial violation, but those attempts were “fruitless,” and fines kept mounting — tapping out at $100,000 in parking violations.

Lantana officials didn’t stop there. According to court filings, Martinez was fined for cracks in her driveway, something she didn’t have the money to fix right away. That resulted in daily $75 fines for 215 days, totaling $16,125, “far greater than the cost of an entirely new driveway,” Martinez said in her lawsuit.

Then came the fence. After a major storm knocked it down, Martinez waited for her insurance to cover repairs. While she waited, the city fined her $125 a day for 379 days, adding up to $47,375 in penalties.

Martinez sued the city over the fines in 2021, but lower courts sided with the town.

“It’s surreal that the town still refuses to admit that what it’s doing to me is abusive and unfair,” Martinez said.

Now in her appeal to the Florida Supreme Court, her lawsuit cites Florida’s Excessive Fines Clause, which mirrors protections in the U.S. Constitution.

Local officials have not publicly commented on the case.

It’s up to Florida’s Supreme Court to decide whether the punishment truly fits the "crime", or if it's an abuse of power dressed as municipal regulation.

How to protect your wallet from property fines

While Martinez’s case may be extreme, it highlights just how quickly minor violations can snowball into major financial stress.

Here are some practical ways homeowners can stay ahead of fines, reduce financial risk and protect their assets:

Get written notice and document everything. If you receive a code violation notice, ask for it in writing. Keep records of all correspondence, photos of your property before and after corrective actions and any receipts or repair quotes. Paper trails are crucial if you have to defend yourself legally or contest fines.

Know your local ordinances. Municipal codes can vary, with some towns enforcing rules more strictly than others. Review your city’s or HOA’s code enforcement policies so you’re not caught off guard by unexpected fines. Most city or county websites post their code enforcement rules and fine schedules.