A land use bill that limits local government control over development may face an immediate legal challenge if Gov. Ron DeSantis signs it into law.
HB 399, which is on the governor’s desk, prevents local governments from blocking residential projects based on compatibility, allows administrative approval of certain residential developments without public hearings, and requires a simple majority vote to change land use plans, among other things.
On Wednesday, the Miami Beach Board of Commissioners approved a resolution authorizing the city attorney to evaluate all legal avenues if the bill is signed into law.
Commissioner Alex Fernandez said a lawsuit is “certainly one potential avenue,” but not the only one they can explore.
“Over the last several weeks we’ve witnessed the legislature insert itself into what is fundamentally a local decision that falls under the jurisdiction of the local historic preservation board. A local decision that directly impacts the residents and taxpayers of the City of Miami Beach,” said Fernandez.
Bill Sponsor Rep. David Borrero, R-Miami, said the bill would make housing more affordable.
“This all amounts to supply and demand. If you let the free market work, you’re going to substantially reduce the cost of housing and that’s the problem that we have in the state of Florida and throughout many states throughout our country, many cities, is you have local government regulations that are preventing people from supplying inventory to a much-needed market,” said Borrero.
However, a controversial provision of the bill would make it easier for certain development projects to proceed despite local opposition.
One such project is the Fontainebleau Hotel in Miami Beach, which plans to build a water park with a 10-story-tall concrete stair structure adjacent to over 250 feet of water slides, less than 15 feet away from the balconies of privately owned units, according to Sen. Shervin Jones.
“The constituents within Miami Beach, not only do not want this, they have expressed the overdevelopment that is currently happening in Miami Beach,” Jones said.
Sen. Tina Polsky, D-Boca Raton, argued local development matters should be left to residents and their duly elected officials.
“It doesn’t sound as if the local government has even had an opportunity to weigh on this before Tallahassee is swooping in,” said Polsky.
Other opponents like Rep. Felicia Robinson, D-Miami Gardens, said the bill does less to address affordability and instead favors developers at the expense of local government authority.
“We have to stop preempting local government because it is the closest to the people and the people are very interactive with their local elected officials. I think that this is wrong,” said Robinson.
Borrero argued that the bill did not help developers but did help average workers who can’t afford to live.
“The cost of housing continues to go higher and higher and higher,” Borrero said. “The main issue is what this bill aims to tackle and that is supply and demand.”
