A dispute over a proposed water park next to the historic, luxury Fontainebleau hotel is heating up, with Miami Beach commissioners now threatening legal action against the state to protect local control of the project.
City leaders spent hours of a meeting Wednesday debating whether to challenge House Bill 399, a state-level measure currently sitting on Gov. Ron DeSantis’ desk that would allow the water park to move forward without public input. Legal experts describe the bill as a sweeping land-use preemption measure, and city officials argue it strips local governments of authority over development decisions, leaving residents out of the approval process entirely.
Critics call the legislation an overreach, saying decisions that affect neighborhoods, the environment and quality of life should be made locally, not dictated by lawmakers in the capital of Tallahassee. Residents are also voicing concerns about noise, traffic and the environmental impact of the project, which could feature up to 11 water slides, including one towering 99 feet tall.
“This governor has a reputation for retaliatory political engagements,” Miami Beach Commissioner David Suarez said, Local 10 News reports. “I think we’re going down a dangerous rabbit hole here on challenging this.”
Commissioners agreed to let the city attorney explore possible legal action while also bringing the Fontainebleau into discussions.
“If the direction of this body authorizes litigation, I would feel comfortable taking action,” Miami Beach City Attorney Ricardo Dopico said Wednesday. “If the direction is come back and get further direction, then I would need further direction.”
The commission voted to have the mayor, city attorney, city manager and residents of the Mid Beach Neighborhood Association meet with the Fontainebleau to negotiate plans for the proposed water park.
Suarez told The Independent Thursday that he spoke with Fontainebleau’s lobbyist, who agreed to meet with the City to work toward a mutually acceptable solution.
“That’s how this should work — through conversation and compromise, not conflict. Our focus should always be on solving problems, not escalating them,” he said.
“But I also think this situation highlights a bigger issue. When developers feel like it’s easier to go to Tallahassee than to work through Miami Beach’s approval process, that should be a wake-up call for all of us,” Suarez continued. “We need to ask ourselves why. If we want to truly protect local control, we also have to make sure our processes are fair, efficient, and predictable. Otherwise, we risk creating a system where only the most well-connected applicants can navigate it, and that’s not good for residents or for the long-term future of our city.”
The planned Fontainebleau water park would include a family-friendly, all-ages resort, adding new pools, water features, slides, dining options and upgraded entertainment.
Turning Fontainebleau Miami Beach into an all-ages resort would be a noticeable shift from the celebrity-driven nightlife scene it’s long been known for. The hotel has hosted everything from Victoria's Secret fashion events to performances by stars such as Cardi B on New Year’s Eve 2024, and has welcomed icons such as Frank Sinatra and Lucille Ball. Its on-site nightclub, LIV, is still one of the country’s hottest party spots, famous for attracting big-spending crowds.
The Independent has contacted representatives for DeSantis, the Miami Beach Attorney's Office, the Mid Beach Neighborhood Association and Fontainebleau for comment.
In recent years, Miami Beach has cracked down on Spring Break, aiming to curb rowdy crowds and unsafe behavior that once drew huge numbers of partygoers. The city has introduced curfews, restricted parking and vehicle access, set up DUI checkpoints and launched ad campaigns warning that wild, unregulated partying is no longer welcome.
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