HomeMy WebLinkAboutR-26-0287City of Miami
Resolution R-26-0287
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 19393 Final Action Date: 6/25/2026
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.
SPONSOR(S): Commissioner Damian Pardo, Commissioner Christine King
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;
City of Miami Page 1 of 2 File ID: 19393 (Revision:) Printed On: 6/30/2026
File ID: 19393 Enactment Number: R-26-0287
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:
City of Miami Page 2 of 2 File ID: 19393 (Revision:) Printed on: 6/30/2026