For the first time in the county, the Flagler County Sheriff’s Office invoked a civil nuisance abatement law to evict a homeowner from a homesteaded property that had been used “to facilitate criminal activity,” including drug use and sales, according to the judge’s order granting the eviction.
Florida law bars the seizure of homesteaded properties. But the unusual legal maneuver, crafted by the sheriff’s attorney, John Lemaster, and granted by Senior Judge Richard Orfinger, enabled what amounts to a similar result: the homeowner, John S. Driggers, is permanently enjoined from occupying the property, as are four family members and others accused of engaging in criminal activities there: Cody Driggers, Cheyenne Donaldson, James Donaldson and Haley Scott.
Orfinger, a senior judge on the Fifth District Court of Appeal, where he’s served since 2000, and was a circuit judge in the Seventh Judicial Circuit, which includes Flagler, for a decade before that. He is one of the district’s sharper legal minds, giving solid legal cover for the sheriff’s novel approach.
The property is a nearly 50-year-old, 1,500 square foot mobile home at 2345 Blueberry Street in Daytona North, also known as the Mondex. Driggers took ownership in 2018. The only way he can maintain its homestead status is by having a dependent live there. But since he is permanently barred from re-occupying the property, it is as good as lost to him.
Sheriff Rick Staly, appearing in a video recorded in front of a large sign planted in front of the home and bearing the mug shots of all five occupants, said it may be for sale. John Driggers is allowed on the property as long as he is with a licensed real estate agent and only to conduct business leading to a sale of the property. He must first give Lemaster three days’ notice, and identify the agent. Obviously, he may not lease or rent the property to anyone engaged in similar activities.
Driggers and the four others were given seven days from Jan. 9 to vacate the home, and pay the sheriff $450 to defray the costs of the action.
“The Property and the Defendants continue to be a nuisance to the community and residents of Flagler County,” Orfinger wrote in his Jan. 9 order. “Since 2017, illegal activity at the Property has led to sixteen (16) arrests, resulting in twelve (12) pleas/convictions, and four (4) pending criminal actions. The illegal activity has involved the named Defendants and others residing at or invited to the Property. The illegal activity at the Property diverts significant public safety resources to the Property and Defendants to the
detriment of the general public.”
Orfinger gave Staly permission to do what the sheriff usually does unilaterally, in criminal raids, when he “closes” what he calls drug houses around the county and in Palm Coast: to post a sign in front of the house, though the judge specified that the sign is to list the named individuals and state that they are permanently barred from entering the mobile home.
The very large sign–as large as the sign that once announced the coming Sheriff’s Operations Center on Commerce Boulevard–abides by the judge’s direction, listing the five individuals (with their pictures) and outlining the injunction’s purpose.
The decision to go the civil route does not appear to be a publicity stunt but a genuine effort to end what had been a recurring drain on sheriff’s resources at one of the most active police destinations in the county: court papers include a long list of deputies’ calls to the address since 2021. Causes include civil disturbances, warrant services, narcotics, weapons complaints, verbal disturbances, suspicious incidents, 911 investigations, overdoses, and numerous security checks.
It was not a hurried job, nor an inexpensive one (the $450 hardly covers the expenses), but a significantly laborious one: the Sheriff’s Office filed suit last June 6. It’s taken that long for the case to culminate in the injunction. The suit cited John Driggers’s 11 felony charges and 17 misdemeanor charges (he’s been convicted on 11 misdemeanor charges, with adjudication withheld on three felonies), with similar, if slightly lesser, rap sheets for the others.
Driggers was served with civil notices to abate (or address) the nuisances at the property, but ignored them, according to the complaint. The case was headed for trial. But Driggers never responded, leaving the judge no choice but to grant the order of a permanent injunction, since Driggers did not contest the complaint.
“Why did we do this? Well, we’ve been here over 100 times, drug calls, medical calls, multiple arrests for drug dealings,” Staly said in his video message as he stood with the sign behind him and three deputies flanking him. “I’m at 2345 Blueberry, and if you ever see any of these people on this property, call us.” He said two of the five individuals are already at the local jail, including John Driggers–on a misdemeanor violation of a pretrial release agreement going back to a felony drug charge–and James Donaldson, who is serving a 270-day sentence for violating his probation, also on drug charges.
The others, Cody Driggers, Cheyenne Donaldson and Scott all have lengthy histories at the jail.
It’s not quite the first time that a homesteaded property owner in the county has been barred from occupying his home. In slightly different–more directly criminal–circumstances, Jamal Nejame‘s two-year probation’s conditions included a prohibition on occupying his Bressler Lane home. He was convicted on a charge of improper exhibition of a weapon and firing a gun in public, got two years’ probation, then violated his probation by going to the house to tend it. He is currently serving a year’s jail sentence for that violation. He still owns the house, and pays no taxes on it.
“It’s the first time it’s been done in Flagler County in the history of the sheriff’s office,” Staly said, “but when they wouldn’t change their ways, and they continued to be a nuisance to this community, our General Counsel and I came up with a new tactic.” The sheriff promised other “poison peddlers” that they can no longer use homestead exemptions to shield their properties or themselves from the law, “because we have figured out a way to get you the hell out of that house anyways and out of the neighborhood. So test us. These people did. In fact, their comment was: they never thought this day would happen. Well, here we are. Goodbye.”
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Wild Bill says
How about judges doing their constitutional duty and stop handing out probation to these repeat upon repeat upon repeat offenders. Wouldn’t have to worry about their houses when they’re homesteaded in the Florida Dept of Corrections for the coming decades.
Unconstitutional says
The problem is these are little guys and they never get arrested for enough to give them much time. Staly isnt out there getting the big boys. He could be seizing a lot more than this dump…..this is his personal vendetta. Staly is manipulating the law and should be removed from office. If he unconstitutionally takes this property he will take more and for more reasons than this. Stop the steal!
AngryAmerican says
May be little stuff but there is a points system in place. Not to mention you can put them way for a good amount of time for habitual offender..
C’mon man says
Thank you . These people were pieces of trash.
HayRide says
Sell the house? , now why would anybody move in that area in the first place, it could only be more low life
Concerned Citizen says
What a statement to make.
Yes some areas are rough. Just like Palm Coast,Bunnell etc. However some areas are nice and have great people. My wife and I chose to buy property on the West side because we found Palm Coast restrictive. And have horses. But yeah judge us all. LOL
Pissed in PC says
This county has a lot of judgmental people but they go to church every Sundayand claim they’re good Christians. They just assume that the Mondex is a problem area.
Nursejones says
Thank you Sherriff Staley 👍👍 Thank you for loving palm coast and the residents here, you are so appreciated for working so hard to keep the illegal drugs and criminals away from us law abiding citizens 💕 Keep up the great work 👍
Concerned Citizen says
There are law abiding citizens on the West side also. ;)
Y’all crack me up being so judgemental. LOL.
Oi! says
They will never figure out that it’s just as bad every where.
Steve says
Nice try and all for it,but it won’t hold up in Court IMO
The ORIGINAL land of no turn signals says
NICE!
Santos Izquierdo says
Hey sheriff i think they already did there time or doing there time , there’s no reason to keep screwing there life even more with that stupidity of posting there faces like that , i know a few of them, and they are not just criminals they are also victims
Jonathan says
About time.
Trautman says
We are a nation of laws. Do the crime, do the time. I’m all for it. I’m also all for professional law enforcement, however difficult, to abide by the rule of law and remain unbiased while on duty. Everyone deserves a chance to get their life back on track and if they don’t, the law sends them back to jail when they reoffend. That’s it. That is our system. Like it, leave it or vote to change it. Publicly shaming and showboating is not the job of Law Enforcement and actively seeking out ways to remove unliked individuals out of a county is an abuse of power, a human rights violation and can permanently damage someone’s reputation making it nearly impossible to get ahead in life. I suspect in addition to mental health and bad choices this was the case a long time ago for these individuals aiding in a perpetual cycle of crime.
Allowing a classist, narcissist that is willing to abuse his power under his version of “The Law” to keep people he deems undesirable out of his town should not be an acceptable norm in our society. He and others like him should be voted out or never voted in in the first place. “I hope they move out of Flagler County” “I’m coming for your house next.” “We have figured out a way to get you the hell out of that house and the neighborhood.” If anyone has to go, it’s Sheriff Will Teasle and his personal militia should be retrained.
AngryAmerican says
Isn’t this slander? Publicly post peoples pictures like this… Not to mention very unconstitutional. If they are behind on there taxes but the tax deed sure they at least you did it correct but to just get your buddy the judge to do something and start making up laws for you just isn’t right
JH says
“Poison peddlers”. Look, I get these people are a nuisance but drugs are a mental health issue, not a criminal issue. Making them illegal causes about 95% of the problems associated with them. It’s time we look to the policies of other countries like Portugal who got rid of most of their drug problems 20 years ago by legalizing everything and providing social services to addicts. Our outdated approach is creating the problem it’s trying to solve.
Gypsy says
Oh mylanta 🙄
It’s neither a disease or mental health issue… it’s a choice dude…
JH says
There is no such thing as drug addiction without underlying mental health issues. And why are some drugs “bad” but others acceptable (alcohol). Try questioning your default beliefs and look at what Portugal has done. I promise having an open mind won’t hurt you.
DH says
JH I agree with you. How about detention rehabs instead of jail where they can still use and abuse?
A detention rehab should have resources for mental health, a lot of times these are people trying to find a way to cope with the cards life dealt them. You need to retrain the brain.
Gypsy says
Seriously 😂 all y’all posting these ridiculous comments are just as pathetic as these bummz!! I’m pretty sure they have broke the law continuously obviously the judge isn’t doing anything about it because slap’s on the hand obviously aren’t teaching these moron’s anything… And as far as their junkie issues that they feed everyone else’s loved ones being a disease or mental health issue LMAO horse s… It’s neither one it’s called poor life CHOICE and they all make them…. Sentence their bum a.. to real time,hard time maybe and I say maybe they’ll learn… Love the folks that are feeling sorry for these bummz…. Let them move to your neck of the woods then let’s see your comments
Crt says
Lmao you all think there leaving???? Smh they will float around stealing what they need to survive now thanks alot for taking everything from them so now they can start taking what they want from everyone else out here.
White Knights says
ACLU and Rev. All Sharpton are on their way. Not to mention 5075 White Supremist from the Arryon Nation coming into Flagler County to lynch the ACLU members and Big Al, the racist pal.
On the receiving end says
So is Arryon Nation responsible for researching innocent people’s patterns, tracking them and ripping families apart by engaging in psychological warfare at predictable location points or is it just a modern day Cointelpro operation by our own entrusted government? Just curious.
#FBI
Unconstitutional says
Yea, Big Al isn’t mentioned, but you can bet your ass he’s masterminded all this. This is unconstitutional. This is manipulation, and because this Sheriff is responsible he should be removed from office. If Staly gets away with this he will certainly use the courts to come after anyone for any reason and take their home. There are plenty of dirty cops and if Staly were doing his job he would catch the Big Boys peddling poison. He’s not man enough to do that!
Stickman says
Who the heck is “Big Al?”
Cathy martin says
Great job by a great Sheriff and staff!
Keep it up!!
The Geode says
Why the hell is NOBODY mentioning the fact they were warned and served SEVERAL DAMN TIMES and they wiped their arse with the documents and never showed up?
There is a correlation between “the more you F*** around – The more you find out”…
James says
Well. at least they’re not putting them out there in stocks … yet.