Federal judge denies City of Largo’s motion to dismiss, allowing PLF lawsuit to proceed
A federal judge in Florida denied the City of Largo’s motion to dismiss in DJB Rentals, LLC v. City of Largo, Florida, allowing PLF client Donald Bourgeois’s challenge to Largo’s excessive fines to proceed.
Over a decade ago, Donald moved to Florida to be closer to his mother after his father’s passing. Originally from Boston, Bourgeois learned architectural skills from his father and during college. Inspired by his background in woodworking and architectural engineering, he started DJB Rentals, LLC, and purchased a rental property in Florida.
Recognizing that the home needed repairs, Bourgeois pulled a permit to begin work. However, the City later revoked the permit, claiming only licensed contractors could perform the necessary tasks. Despite being more than capable of doing the work himself, the City classified the property as commercial, and Bourgeois was barred from completing repairs without a contractor.
The City then cited DJB Rentals for multiple code violations, threatening $250 per day in fines for noncompliance—yet the notice failed to specify the exact violations or the corresponding penalties.
The alleged issues included a deteriorating roof, rotting wood, a broken sewer cap, and other non-hazardous maintenance problems. For years, Bourgeois attempted to comply by hiring contractors and securing permits, all while caring for his mother, who faced recurring hospital visits for medical treatments.
A City code enforcement officer repeatedly assured Bourgeois that the fines would be forgiven. Relying on those assurances, Bourgeois focused on his mother’s care and did not appeal the City Municipal Enforcement Board’s 2015 order finding him in violation of commercial property codes.
Despite these challenges, Bourgeois sought several contractors to complete the repairs the City demanded. Unbeknownst to him, the fines continued to accrue. After another inspection in 2019, a code enforcement officer spotted new violations. On top of all the other repairs he was making, Bourgeois was also forced to replace a deck, costing him another $30,000.
Then came COVID-19. As tenants moved out, rental income dwindled, making it even harder to afford contractors for the work required by the City.
Despite repeated verbal assurances that the fines would be forgiven, the City refused to give him a break. Bourgeois was ultimately fined $590,000.
The property was foreclosed, seized, and auctioned off for under $100,000—even though it had been appraised at over $800,000 in 2024. Sadly, Bourgeois received none of the equity from the sale.
Earlier this year, Pacific Legal Foundation filed a federal lawsuit on Bourgeois’s behalf, alleging the City of Largo violated the Eighth Amendment’s Excessive Fines Clause. Fortunately, the U.S. District Court for the Middle District of Florida denied the City’s motion to dismiss yesterday, allowing the case to move forward.
Cities must provide clear notice of regulations and fines—and those fines must align with the Eighth Amendment’s protections. In Bourgeois’s case, the City prioritized revenue over the well-being of its citizens—something other Floridians have taken notice of. Recent reporting from the Miami Herald shows that many Florida cities may be using similar fines to foreclose properties and pad their budgets.
After the Florida Supreme Court declined to consider his appeal from the foreclosure action, Bourgeois is now pursuing justice in federal court. With Pacific Legal Foundation’s support, he is challenging municipal overreach and reminding local governments they cannot exploit their citizens through unconstitutional enforcement schemes.
