LTC 109-2025 TOWN OF MIAMI LAKES RESOLUTION NO. 25-2067109-2025
MIAMI BEACH
OFFICE OF THE CITY CLERK
LTC# LETTER TO COMMISSION
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor Steven Meiner and Members of the City Commission
Rafael E. Granado, City Clerk
March 13, 2025 rl
TOWN OF MIAMI LAKES RESOLUTION NO. 25-2067
Attached for your information is Resolution No. 25-2067, adopted by the Mayor and
Councilmembers of the Town of Miami Lakes on February 18, 2025.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MIAMI LAKES,
FLORIDA, IN SUPPORT OF STATE REPRESENTATIVE TOM FABRICIO'S
EFFORTS TO ADDRESS THE DEVASTATING EFFECTS OF ROCKMINE
BLASTING ON RESIDENT'S HOMES; PROVIDING FOR INCORPORATION OF
RECITALS; AND PROVIDING FOR AN EFFECTIVE DATE. (Herzberg , Dieguez,
Morera, Fernandez, Cuadra Garcia, Garcia, and Sanchez).
The Town Clerk of Miami Lakes has requested that a copy of this Resolution be provided to the
Miami Beach Mayor and Commissioners.
If you have any questions, please contact the Office of the City Clerk at 305.673. 7 411.
REG/le
Attachment
F:\CLER\$ALL\LILIA\L TC's -Transmittal's\Miami Lakes\Resolution 25-2067 Town of Miami Lakes.docx
....._-.....,~
MIAM~fliAKES
March 5, 2025
Dear E lected Official,
On behalf of the e ntire Miami Lakes Town Council , we are reaching out to share an important
reso luti on recently passed by o ur town in suppo1t of House Bill 303 and Senate Bill 486 , intro-
duced by State Representative Tom Fabricio and State Senator Bryan Avila. These bills seek
to address the damaging effects of rock mine blasting on homeowners and infrastructure in
Miami-Dade County, Southwest Broward County, and beyond.
For decades, o ur residents have suffered damage to th e ir homes and property due to rock mine
blasting, experienc in g what feels lik e earthq uakes in their South Florida homes multiple times
a week-sometimes even multiple times a day. Yet, current state law severely limits their abi l-
ity to seek relief.
These proposed reforms wou ld expand the timeframe fo r c laims and estab li sh a fund to help
affected property owners recover damages. While this is not a comp lete so lution, it is a mean-
ingful step toward ensurin g homeowners are not left without recourse.
We enco urage you to review the attached resolution and consider lend in g your support to this
critical issue, which affects many communities across South Florida . Your partnership in ad-
vocat in g for fair and reasonable reform will help ens ure o u r residents receive the protections
they deserve .
If you have any questions or would lik e to discuss this matter further , please do not hesitate to
reach o ut.
Si ncerely,
Town of Miami Lakes Town Co un ci l
-------
n Herzberg
Growing Beautifully
RESOLUTION NO. 25-2067
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF MIAMI LAKES, FLORIDA, IN SUPPORT OF ST A TE
REPRESENTATIVE TOM FABRICIO'S EFFORTS TO
ADDRESS THE DEVESTATING EFFECTS OF ROCKMINE
BLASTING ON RESIDENT'S HOMES; PROVIDING FOR
INCORPORATION OF RECITALS; AND PROVIDING FOR AN
EFFECTIVE DATE. (Herzberg, Dieguez, Morera, Fernandez,
Cuadra Garcia, Garcia, and Sanchez)
WHEREAS, in 2019, the Town of Miami Lakes (the "Town") via Resolution 2018-1567
created the Blasting Advisory Board (BAB); and
WHEREAS, rock mine blasting has caused property damage to residential, commercial,
public property and infrastructure ; and
WHEREAS, Florida Statute § 552.36 prevents affected property owners from seeking
relief through the State's Courts by forcing homeowners to file and submit their claims through
the Division of Administrative hearings, and significantly restricts property owners due process
rights by establishing an onerous six (6) month limitation on the presentation of claims; and
WHEREAS, the limitations imposed by Florida Statut e § 552.36 are violative of
residents constitutional rights provided by the U.S. and Florida Constitutions; and
WHEREAS, Representative Tom Fabricio has consistently been the Town's strongest
advocate for the affected property owners, and during the past several years has authored
numerous legislations aimed at providing relief to the victims of rock mine blasting; and
Page 2 of 4
Resolution No. 25-2067
WHEREAS, recently, Representative Tom Fabricio has filed House Bill 303, that if
passed ,vould reform the existing administrative process, provide for an expanded two-year
limitation on claims and establish a fund that would allow affected property owners to obtain
monetary relief for damages caused to their property; and
WHEREAS, while the HB 303 does not address property o,vners' fundamental rights to
seek redress of their claims through Florida Courts, it does provide an avenue for property
owners to obtain relief that has been traditionally denied; and
WHEREAS, equally, Senator Brian Avila has advocated for Town resident's rights to
free from the effects of rock mine blasting and has authored and introduced Senate Bill 486,
aimed at providing avenues that would allow residents to redress their grievances and obtain
relief; and
WHEREAS, the Town Council supports Representative Tom Fabricio's and Senator
Brian Avila's efforts to author and promote legislation that if passed would provide immediate
relief to Town property owners affected by the devastating effects of rock mine blasting.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF MIAMI LAKES, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing Recitals are true and conect and incorporated
herein by this reference.
Section 2. Support of Representative Tom Fabricio's Efforts to Provide Relief to
Victims of Rock Mine Blasting. The Mayor and Town Council hereby declare their support to
State Representative Tom Fabricio and State Senator Brian Avila's advocacy and efforts in
passing meaningful legislation to provide relief to prope11y owners victimized by the effects of
rock mine blasting .
Page 3 of 4
Resolution No. 25-2067
Section 3. Authorization of Town Officials. The Town's Clerk is hereby authored
to send a copy of this Resolution \Vith a cover letter signed by either the Mayor or entire Town
Council. One letter should be a cover letter sent to all Miami-Dade County municipalities, and a
separate detailed cover letter to all State Chairman of each Florida House of Repre sentative and
Senate committee that will hear Representative Fabricio and Senator Avila's Bill.
Section 4. Effective Date . This Resolution shall take effect immediately upon
adoption .
Page 4 of 4
Resolution No. 25-2067
Passed and adopted this 18 th day of February 2025
The foregoing resolution was offered by Councilmember Herzberg who moved its
adoption. The motion was seconded by Vice Mayor Morera and upon being put to a vote, the
vote was as follows:
Mayor Josh Dieguez Yes
Vice Mayor Bryan Morera Yes
Councilmember Juan Carlos Fernandez Yes
Councilmember Angelo Cuadra Garcia Yes
Councilmember Ray Garcia Yes
Councilmember Steven Herzberg Yes
Councilrnember Alex Sanchez Yes
Approved as to form and legal sufficiency:
Lorenzo Cobie11a
GASTESI, LOPEZ, MESTRE & COBIELLA, PLLC
DEPUTY TOWN ATTORNEY
MAYOR