Miami Beach to Fountainebleau on water park: Can we talk before we sue?

After getting steamrolled by Tallahassee, the Miami Beach City Commission met last week to decide its next move against the state legislation that allows the Fontainebleau Hotel to build a controversial water park without the city’s approval — and chose a bold, decisive course of action: They voted to think about maybe suing later.

Commissioners unanimously agreed to have City Attorney Ricardo Dopico “explore” the merits of a lawsuit once (and if) Gov. Ron DeSantis signs HB 399 into law. If Dopico says there’s a case, it goes to Mayor Steven Meiner, who can either decide himself whether to sue, or call an emergency meeting within 24 hours.

Meiner said he was disappointed that the city’s zoning laws were stepped all over by the state. The city had lobbied hard against the measure. “We should be making the decisions, and it’s increasingly being taken out of our hands,” Meiner said at Wednesday’s meeting.

In the same breath, the commission voted to sit down with the Fontainebleau people and try to “work out” the details of the very project the state just forced them to approve. Yes, really. Talk about having a gun pointed at your head.

The mayor, city attorney, city manager and residents of the Mid Beach Neighborhood Association will now attempt to “engage” with the hotel — which already has legislative backing to bypass the Historic Preservation Board — in hopes of softening the impact of a water park it never wanted in the first place.

Fontainebleau lobbyist Ralph Andrade said owner Jeffrey Soffer is open to a conversation. He was careful not to call it a negotiation, mind you. It’s a conversation. Ladra might call it a performance. That’s a “stakeholder” meeting after the decision has already been made.

Because when you win in Tallahassee, you don’t negotiate. You might entertain suggestions. But mostly, you gloat.

The legislation passed by State Rep. David Borrero — pushed through with help from allies of the Fontainebleau — allows up to 20% of a large resort property to be redeveloped with administrative approval only, bypassing local boards.

The Historic Preservation Board? Cut out. Neighborhood opposition? Not relevant. City process? Optional.

The only remaining variable is whether DeSantis signs the bill — and Senate leadership has already hinted he helped shape it. So, don’t hold your breath.

Why the hesitation? Commissioners didn’t dance around it. They’re worried about retaliation. Commissioner David Suarez bluntly noted that Miami Beach has millions in state appropriations that could be on the chopping block if the city decides to take on Tallahassee in court.

It’s a delicate balance. They want to defend home rule, but not anger the Tallahassee gods.

So instead of gearing up for a legal showdown over home rule, the city is sending a softer message up north: “Wait. Please. Let’s talk about this.” It feels like a first date where one person is planning the wedding and the other is checking their phone under the table.

Commissioner Alex Fernandez, who initially pushed for legal action, saying that residents could not be sidelined, insisted that Wednesday’s vote was a step forward. He said in a statement that city is “standing firmly with our residents.”

And to be fair, they are — just not too firmly.

The resolution keeps the option to sue alive while prioritizing “good faith” discussions with the same developer who just outmaneuvered the city at the state level.

But they are negotiating from a position of weakness and hoping for the best.

Miami Beach just got a crash course in how power works in Florida: Local governments make decisions — until they don’t.

And when the state steps in — especially on behalf of a politically connected billionaire — the choices become very clear: Fight back and risk losing funding or play nice and hope for a smaller splash zone.

For now, it looks like the Beach is choosing door number two.

They’re not suing. They’re not not suing. They’re just exploring their feelings about suing.

All while asking the Fontainebleau, pretty please, to be gentle when it builds the water slides.

Cannonball!

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Miami Beach to Fountainebleau on water park: Can we talk before we sue? added by Ladra on March 23, 2026
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