Miami Beach city commissioners discussed taking legal action against the state of Florida over legislation that would allow a waterpark at the Fontainebleau Hotel to proceed without public input. House Bill 399 sits on Gov. Ron DeSantis’ desk awaiting his signature, while local officials debate 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 during Wednesday’s meeting. “I think we’re going down a dangerous rabbit hole here on challenging this.” The legislation would bypass the traditional approval process that allows residents to participate in development decisions affecting their neighborhoods.
“If the direction of this body authorizes litigation, I would feel comfortable taking action,” said Miami Beach City Attorney Ricardo Dopico. “If the direction is come back and get further direction, then I would need further direction.” Legal experts characterize the bill as unprecedented in its scope to override local zoning authority.
The commission voted to have the mayor, city attorney, city manager and residents from the Mid Beach Neighborhood Association negotiate directly with the Fontainebleau over the proposed waterpark project. The proposed development features as many as 11 water slides, including one that stands 120 feet tall. Residents have raised concerns about environmental impacts, noise pollution and increased traffic congestion in the area.
Florida has seen increasing tension between state and local governments over development authority, with the legislature passing multiple bills in recent years that limit municipal control over land use decisions. House Bill 399 represents the latest in a series of preemption measures that transfer traditional local planning powers to state oversight. The Fontainebleau project would mark one of the largest hotel-based waterpark developments on Miami Beach if approved.
The waterpark proposal has divided the community, with some residents viewing it as an economic opportunity while others fear it will fundamentally alter the character of their neighborhood. The Mid Beach area has historically maintained lower-density development compared to other parts of Miami Beach. Traffic studies have not yet been completed to assess the impact of potentially thousands of additional daily visitors to the waterpark facility.
Commissioners emphasized that any legal challenge would need careful consideration given the political climate in Tallahassee. The state legislature has shown willingness to retaliate against local governments that challenge state authority, including through budget cuts and additional preemption legislation. Miami Beach officials must weigh the costs and benefits of a potentially lengthy court battle against the immediate concerns of their constituents.
A staff member for the mayor of Miami Beach said after the meeting that discussions remain preliminary and officials are working to bring all parties together to reach a compromise. The negotiation process will involve multiple stakeholders including hotel management, neighborhood representatives and city officials. Gov. DeSantis has not indicated when he might sign or veto House Bill 399, leaving the timeline for any potential legal action uncertain.