HomeMy WebLinkAboutResolution 2026-34204RESOLUTION NO. 2026-34204
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, DESIGNATING MAYOR
STEVEN MEINER TO ACT AS THE CITY COMMISSION'S
DESIGNEE TO ACT ON BEHALF OF THE CITY COMMISSION IN
THE EVENT THE CITY ATTORNEY DETERMINES THAT ANY
LEGAL ACTION IS NECESSARY AND/OR APPROPRIATE TO
CHALLENGE THAT PORTION OF HOUSE BILL 399 (2026)
CREATING SECTION 163.31803, FLORIDA STATUTES,
ENTITLED "LARGE DESTINATION RESORTS," IF HB 399 IS
SIGNED INTO LAW BY THE GOVERNOR OF FLORIDA; AND
PROVIDING THAT ANY SPECIAL CITY COMMISSION MEETING
CALLED RELATING TO THE INITIATION OF LEGAL ACTION
OCCUR WITHIN 24 HOURS.
WHEREAS, during the 2026 Legislative Session, the Florida Legislature adopted
House Bill 399 which, in pertinent part, creates Section 163.31803, Florida Statutes,
entitled "Large destination resorts" ("HB 399"); and
WHEREAS, HB 399 could force local governments to administratively approve
certain applications for special exceptions or variances submitted by a large destination
resort, which is defined as "a public lodging establishment ... that is comprised of at least
5 contiguous acres owned and controlled by the same business entity, containing at least
500 guest rooms, and that has had an average occupancy rate of at least 70 percent in
the past 3 years"; and
WHEREAS, the Mayor and City Commission find that HB 399, if signed into law,
would override the City's Land Development Regulations and eliminate opportunities for
meaningful public input before the City's Land Use Boards; and
WHEREAS, the City Attorney's Office has identified potential claims relating to HB
399; and
WHEREAS, the Mayor and City Commission therefore find it necessary to
authorize the City Attorney to take any and all appropriate legal action, including the
initiation of litigation against the State, to challenge HB 399 if it is signed into law by the
Governor of Florida.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby designate Mayor Steven Meiner to act as the City Commission's
designee to act on behalf of the City Commission in the event the City Attorney determines
that any legal action is necessary and/or appropriate to challenge that portion of House
Bill 399 (2026) creating Section 163.31803, Florida Statutes, entitled "Large destination
resorts," if HB 399 is signed into law by the Governor of Florida; and provide that any
Special City Commission meeting called relating to the initiation of legal action occur
within 24 hours.
PASSED AND ADOPTED this 1,F day of Ml?rCA , 2026.
ATTEST:
-/-Y MAY 12 2026
Rafael V Granado, City Clerk
St en Meiner, Mayor
(Sponsored by Commissioner Alex J. Fernandez)
Co -Sponsored by Commissioner Monica Matteo-Salinas
Co -Sponsored by commissioner Laura Dominguez
Co -Sponsored by Commissioner Tanya K Bhatt
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
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Cit hey �� Date
Resolutions - R7 AH
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: March 18, 2026
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO TAKE ANY
AND ALL NECESSARY AND APPROPRIATE LEGAL ACTION TO CHALLENGE
THAT PORTION OF HOUSE BILL 399 (2026) CREATING SECTION 163.31803,
FLORIDA STATUTES, ENTITLED "LARGE DESTINATION RESORTS," IF HB 399
IS SIGNED INTO LAW BY THE GOVERNOR OF FLORIDA.
RECOMMENDATION
BACKGROUND/HISTORY
The attached Resolution has been prepared at the request of Commissioner Alex J. Fernandez.
ANALYSIS
FISCAL IMPACT STATEMENT
The adoption of this Resolution may result in financial expenditures by the City.
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfi.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know" item,
pursuant to City Code Section 2-17?
Yes
Is this item related to a G.O. Bond
Project?
No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsors)
Commissioner Monica Matteo-Salinas
Condensed Title
Authorize City Attorney, Challenge HB 399/1-arge Destination Resorts. (Fernandez/Matteo-
Salinas)
Previous Action (For City Clerk Use Only)