- January 26, 2026
The Daytona Beach City Commission unanimously approved a $2 million rebate to settle its lawsuit against Minto Communities, LLC.
Minto Communities, the developer of the Latitude Margaritaville neighborhood, sued Daytona Beach in November 2024. The company alleged Daytona Beach overcharged Minto Communities for building permit fees.
The lawsuit alleges Daytona Beach has kept funds in excess of its operational costs for the building department for years.
“The City's decision to consistently stockpile carry-forward balances in excess of its average operating costs…makes clear that the City's fee schedule is and has not been based on a reasonable estimate of the actual costs of enforcing the Building Code,” the lawsuit complaint reads.
At the time the lawsuit was filed in November 2024, the complaint states the city had still in excess of $11 million in its carry-forward balance.
Money in the Permits & Licensing Fund is used to pay the city’s annual operating budget for enforcement of the Florida Building Code. Minto’s lawsuit accused the city of knowingly charging more money than needed to enforce the Florida Building Code.
According to Jan. 21 city meeting documents, in exchange for the $2 million rebate of excess funds, Minto has agreed to settle and dismiss the case. A judgement against the city could result in a “significantly higher” than the proposed settlement, the documents state.
The money will come from the city’s P&L Fund.
Florida State legislators have had Daytona Beach under review for the excess money in its P&L Fund since 2021. In November 2025, Daytona Beach was admonished by the Florida legislators over its excess permit fee revenue and told to spend the money or return it to developers or tax payers.
City Commissioner Stacy Cantu asked the commission to begin a review process of the city’s permit fees to what is needed for the operational budget. City Manager Deric Feacher said he plans on bringing back a reduction and rebate plan for the fund for the Daytona Beach City Commission to review soon.
