The Miami Beach City Commission voted on March 19 to give Mayor Steven Meiner the authority to pursue a possible lawsuit against the state over new legislation that could benefit upgrades at the Fontainebleau Miami Beach. The decision comes as city officials weigh how best to respond to a bill that would allow developer Jeffrey Soffer’s Fontainebleau Development to bypass local historic preservation rules for its planned pool area renovation.
The issue is significant because it centers on whether local governments can maintain control over historic sites and development decisions, or if state-level measures will override those powers. The commission’s vote authorizes Meiner either to approve litigation himself or call a special meeting within 24 hours for commissioners to decide collectively.
Commissioner Alex Fernandez, who sponsored the resolution, said at Wednesday’s meeting that the legislature had intervened in what “is fundamentally a local decision that falls under the jurisdiction of the historic preservation board.” He added, “It is clear to anyone who is following the issue that this was crafted very specifically with Miami Beach in mind. [The resolution] ensures that the city attorney has flexibility to explore all appropriate legal actions, whether that involves litigation or any other type of legal remedy.”
Fontainebleau Development responded in a statement disputing Fernandez’s claim about targeting Miami Beach specifically. The company said, “It applies broadly to qualifying destination resorts in South Florida, Orlando and beyond,” and added: “Its passage underscores the Legislature’s strong support for the hospitality industry, which plays a vital role in driving jobs, investment, and local economies across our state.”
The new measure would require cities like Miami Beach to approve certain variances for large hotels such as Fontainebleau—defined as having more than 500 rooms and high occupancy rates—through an administrative process rather than through traditional review boards. Residents have opposed plans for water-park style amenities at Fontainebleau despite recent design changes by developers aimed at addressing concerns.
At Wednesday’s meeting Commissioner Tanya Katzoff Bhatt criticized developers seeking legislative intervention: “People are supposed to abide by local decisions and I fully support giving our city attorney [authorization] to try to nip this in the bud,” she said. However, Commissioner David Suarez warned against risking $5 million in expected state funding by suing: “This governor has a reputation for retaliatory political engagements,” Suarez said. “I think we’re going down a really dangerous rabbit hole here on challenging this, especially with so much money that is potentially coming to us that our city depends on.”
While no final decision has been made regarding litigation, negotiations between city officials and Fontainebleau Development are set to continue.
