The Miami Beach City Commission voted on March 19 to authorize Mayor Steven Meiner to potentially sue the state of Florida over new legislation that would allow Fontainebleau Miami Beach to bypass the city’s historic preservation board for planned pool area upgrades.
The issue centers on a bill passed by the state legislature, designed to help billionaire Jeffrey Soffer’s Fontainebleau Development move forward with adding cabanas and waterslides at the historic hotel. City officials argue that the measure undermines local control and could set a precedent for future developments in Miami Beach.
Commissioner Alex Fernandez, who sponsored the resolution supporting possible litigation, said at Wednesday’s meeting that the legislature had intruded on 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 disputed Fernandez’s characterization in a statement: 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.”
While preparing for possible legal action, commissioners also approved negotiations between city leaders and Fontainebleau Development about further modifications to their project. The company had already reduced proposed heights for cabana structures and waterslide towers after community criticism. Despite these changes, opposition from residents and elected officials continued.
Some commissioners voiced concerns about potential financial repercussions if litigation proceeds. Commissioner David Suarez said: “This governor has a reputation for retaliatory political engagements. 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.”
As discussions continue between Miami Beach officials and developers, observers are watching closely how this dispute might influence future interactions between municipalities and state lawmakers regarding development oversight.



