After a decisive legislative move in Tallahassee, the Miami Beach City Commission met two weeks ago to determine its response to a state bill that would allow the Fontainebleau Hotel to construct a controversial water park without local approval. According to Political Cortadito, a lawsuit may be filed.
Commissioners unanimously voted to have City Attorney Ricardo Dopico assess the merits of a potential lawsuit if and when Governor Ron DeSantis signs HB 399 into law. Should Dopico find grounds for legal action, the decision would then move to Mayor Steven Meiner, who could choose to authorize a suit or call an emergency meeting within 24 hours.
Political Cortadito provided a breakdown of the entire ordeal:
Mayor Meiner expressed frustration at the erosion of local zoning authority. “We should be making the decisions, and it’s increasingly being taken out of our hands,” he said during Wednesday’s meeting.
Yet, in the same session, the commission also agreed to meet with Fontainebleau representatives to “work out” project details — effectively negotiating with a developer already empowered by state legislation to bypass local oversight. The move illustrates the city’s delicate balancing act: standing up for home rule while avoiding a confrontation that could jeopardize state funding.
Fontainebleau lobbyist Ralph Andrade confirmed that owner Jeffrey Soffer is open to discussions, though he emphasized these are “conversations” rather than formal negotiations.
HB 399, championed by State Rep. David Borrero and supported by Fontainebleau allies, allows up to 20% of large resort properties to be redeveloped with only administrative approval, bypassing local boards such as the Historic Preservation Board. Neighborhood objections and city zoning processes are effectively sidelined.
Commissioner David Suarez highlighted that Miami Beach relies on millions in state appropriations, which could be cut if the city challenges Tallahassee in court.
Commissioner Alex Fernandez, who initially pushed for stronger legal action, characterized the vote as progress.
Public reaction on Political Cortadito reflects widespread frustration. One commenter, using the handle Sue the POS, called Jeffrey Soffer a “corrupt nepo baby” and suggested hiring attorney John Shubin to pursue a lawsuit.
Another commenter, Richard R-P, advocated for immediately suing the state for encroaching on local authority, while Mike Pryslak suggested that if the state wants to control zoning, municipalities should forward all permit requests to Tallahassee — “flood them with work.”
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