Directing the city attorney to explore and pursue any and all legal avenues available…

AGENDA ITEM COVER PAGE File ID: #19393 Resolution Sponsored by: Commissioner Damian Pardo A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO EXPLORE AND PURSUE ANY AND ALL LEGAL AVENUES AVAILABLE TO THE CITY OF MIAMI TO CHALLENGE THE CHAPTER 2023-17, LAWS OF FLORIDA, AS AMENDED, REFERENCED AS THE “LIVE LOCAL ACT,” INCLUDING, BUT NOT LIMITED TO, CHALLENGES RELATED TO ITS VALIDITY, PREEMPTIVE EFFECT, AND PROVISIONS THAT LIMIT OR RESTRICT THE CITY’S ABILITY TO ENFORCE ITS COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE. City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com City of Miami Legislation Resolution File Number: 19393 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO EXPLORE AND PURSUE ANY AND ALL LEGAL AVENUES AVAILABLE TO THE CITY OF MIAMI TO CHALLENGE THE CHAPTER 2023-17, LAWS OF FLORIDA, AS AMENDED, REFERENCED AS THE “LIVE LOCAL ACT,” INCLUDING, BUT NOT LIMITED TO, CHALLENGES RELATED TO ITS VALIDITY, PREEMPTIVE EFFECT, AND PROVISIONS THAT LIMIT OR RESTRICT THE CITY’S ABILITY TO ENFORCE ITS COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami (“City”) is a home rule municipality vested with broad authority under Article VIII of the Florida Constitution to exercise municipal functions and render municipal services for the protection of the public health, safety, and welfare; and WHEREAS, the City has duly adopted and maintains a Comprehensive Plan and Land Development Regulations (“LDRs”) to guide orderly growth, ensure compatibility of uses, preserve neighborhood character, protect infrastructure capacity, and promote sustainable development; and WHEREAS, in 2023, the Florida Legislature enacted the “Live Local Act,” Chapter 2023- 17, Laws of Florida, and subsequent amendments thereto (collectively, the “Live Local Act”), which, among other things, purports to preempt certain local zoning authority and mandates administrative approvals for qualifying affordable housing developments under specified conditions; and WHEREAS, the Live Local Act restricts local governments’ ability to apply certain provisions of their Comprehensive Plans and LDRs, including but not limited to density, height, and use regulations, thereby limiting the City’s ability to ensure compatibility, infrastructure adequacy, and community planning objectives; and WHEREAS, the City Commission finds that aspects of the Live Local Act may conflict with constitutional principles, including but not limited to home rule authority, due process, separation of powers, and unfunded mandates, as well as statutory requirements related to comprehensive planning under Chapter 163, Florida Statutes; and WHEREAS, the City Commission further finds that the Live Local Act may impair the City’s ability to effectively implement its Comprehensive Plan and to protect the public health, safety, and welfare of its residents; and WHEREAS, the City Commission deems it necessary and appropriate to direct the City Attorney to evaluate and pursue any and all potential legal challenges to the Live Local Act, including coordination with other municipalities, counties, and stakeholders similarly affected;

NOW, THEREFORE,

BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Attorney is hereby authorized and directed to: (a) Conduct a comprehensive legal analysis of the Live Local Act including its constitutionality and its consistency with Florida’s growth management laws; and (b) Identify and evaluate any and all legal avenues available to the City to challenge the Act, including, but not limited to, claims based on home rule authority, improper preemption, due process, equal protection, vagueness, and unfunded mandates; and (c) Initiate, join, support, or intervene in litigation, administrative proceedings, or other legal actions deemed appropriate to challenge or limit the application of the Act; and (d) Collaborate, as appropriate, with other local governments, legal associations, and stakeholders to advance coordinated legal strategies; and (e) Provide periodic updates to the City Commission regarding findings, strategies, and actions taken pursuant to this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: