Miami Beach city commissioners discussed taking legal action against the state of Florida over legislation that would allow the Fontainebleau Hotel to build a water park without public input during a meeting Wednesday. House Bill 399 sits on Gov. Ron DeSantis’ desk awaiting his signature, while local officials consider challenging what they call a sweeping land-use preemption bill that strips local control from development decisions.
“This governor has a reputation for retaliatory political engagements,” said Miami Beach Commissioner David Suarez. “I think we’re going down a dangerous rabbit hole here on challenging this.” The proposed water park would feature as many as 11 water slides, including one that is 120 feet tall, raising concerns among residents about environmental impacts, noise and traffic.
Miami Beach City Attorney Ricardo Dopico expressed readiness to pursue litigation if directed by the commission. “If the direction of this body authorizes litigation, I would feel comfortable taking action,” Dopico said. “If the direction is come back and get further direction, then I would need further direction.” Legal experts describe the legislation as stripping local control from development decisions and preventing residents from participating in the approval process.
The commission voted to have the mayor, city attorney, city manager and residents from the Mid Beach Neighborhood Association negotiate with the Fontainebleau over the proposed water park project. City leaders argue that House Bill 399 represents a dangerous precedent for local governance, allowing state intervention in municipal land-use decisions without community input. The bill would permit the project to move forward regardless of local opposition or environmental concerns raised by residents.
Residents have expressed particular concern about the scale of the proposed development, with the 120-foot water slide representing the tallest structure in the planned facility. The 11 water slides would significantly alter the character of the Mid Beach area, according to neighborhood association members who have been vocal in their opposition. Traffic congestion and noise pollution from the water park operations have emerged as primary concerns during public discussions.
A staff member for the mayor of Miami Beach indicated that negotiations remain in preliminary stages, with officials working to bring all parties together to reach a compromise. The Fontainebleau Hotel has not yet responded publicly to the commission’s decision to pursue negotiations. Governor DeSantis has not indicated when he might sign or veto House Bill 399, leaving the project’s future uncertain as legal challenges loom.
The commission’s decision to authorize negotiations represents an attempt to resolve the dispute without costly litigation, though legal action remains an option if talks fail. City officials hope to address resident concerns about environmental impacts while finding a path forward that respects local input in the development process. The Mid Beach Neighborhood Association’s involvement in negotiations ensures community voices will be heard in any potential compromise discussions with the hotel.