Florida AG’s office says Fontainebleau water park doesn’t need city board approval
When the Fontainebleau faced local opposition and red tape earlier this year in its quest to build water slides on its pool deck, the hotel’s billionaire owner, Jeffrey Soffer, successfully lobbied for a change to state law.
Still, Miami Beach officials asserted that the Fontainebleau would need approval from the city’s Historic Preservation Board to advance the project, despite the new law limiting the power of local boards to force changes.
But according to an opinion from the Florida Attorney General’s Office, the city’s position is incorrect. Miami Beach can’t require board approval for the project, the opinion says.
“[T]he city may not impose additional requirements on [Fontainebleau] — even those identified in its various municipal ordinances — before issuing a building permit,” Greg Slemp, general counsel for Attorney General James Uthmeier, wrote in the May 11 opinion, which has not been previously reported.
State Rep. Will Robinson, R-Bradenton, requested the opinion on April 30, according to a Thursday memo from the city of Miami Beach.
Miami Beach planning staff had previously said that the Fontainebleau must get a “certificate of appropriateness” from the Historic Preservation Board.
The new state law says local governments can’t require board approval for a “special exception” or “variance” related to the partial redevelopment of a “large destination resort.” Instead, the legislation says, only administrative approval by city staff can be required.
While the legislation doesn’t specifically address certificates of appropriateness — which are awarded based on compatibility with the surrounding area and other criteria — the Attorney General opinion notes that state preemption of local laws doesn’t need to be “explicit” if the intent is clear.
“Any effort by the City or its administrative boards to impede or require additional review and approvals violates” the new law, Slemp wrote.
Asked how the city plans to respond, Miami Beach spokesperson Melissa Berthier said officials are still reviewing the opinion. The Fontainebleau’s building permit application remains pending after city staff provided initial comments in April.
It wasn’t immediately clear why Robinson, whose district is in Manatee County, took an interest in the Fontainebleau project that sparked huge backlash in Miami Beach. He didn’t respond to requests for comment.
Representatives for the Fontainebleau wouldn’t say whether the hotel asked Robinson to seek the opinion.
In a statement, Fontainebleau Development said: “We appreciate the state-level clarification regarding the applicable process under Florida law and look forward to continuing to work with the City and community stakeholders as this vision moves forward.”
In March, Miami Beach elected officials discussed the possibility of challenging the legislation, HB 399, in court. At the same time, they chose to have Mayor Steven Meiner facilitate conversations with the Fontainebleau and the Mid Beach Neighborhood Association about the project, hoping the hotel would agree to address some of the neighbors’ concerns.
Soffer, the Fontainebleau’s owner and a major supporter of Gov. Ron DeSantis, attended an April 21 meeting of the various parties and acknowledged his role in seeking help from Tallahassee, but also expressed a willingness to listen to the community.
Discussions have continued in the weeks since. According to multiple people familiar, the Fontainebleau and the neighborhood association were nearing an agreement this week.
Residents are hoping the Fontainebleau will limit the height of its new slides. The hotel had originally proposed a structure reaching 131 feet, then revised its designs to top out at 99 feet, according to a February presentation.
Among other concerns was the possibility of car traffic from visitors in a neighborhood plagued by congestion.
In February, opponents of the project packed Miami Beach City Hall ahead of a planned Historic Preservation Board vote. The meeting was ultimately deferred at the Fontainebleau’s request after one of the board members didn’t show up.
The next month, as state legislators sought to preempt the city, Meiner and several city commissioners led a press conference outside the historic hotel, urging lawmakers to change course. The bill passed three days later.
