Bal Harbour Shops’ plans to redevelop part of the iconic retail destination into a 3-tower mixed-use district, has the full force of the state of Florida behind it.
Florida Attorney General James Uthmeier filed an argument, in a lawsuit between the developer and the village, arguing the Live Local Act allows Bal Harbour Shops LLC to bypass local zoning and land-use regulations in exchange for building moderately affordable apartments in the redevelopment, the South Florida Business Journal reported.
Uthmeier’s rare move to weigh in on a civil lawsuit signals that Florida is prepared to defend its working housing legislation against municipal resistance. The Bal Harbour case is closely watched by insiders across the state as a bellwether for how much wiggle room local governments have to skirt state-mandated density and height bonuses.
The conflict began when the mall’s ownership, entities of Whitman Family Developers, proposed a massive redevelopment featuring three 275-foot-tall buildings with 600 residential units and a 70-room hotel. The proposal sparked major uproar in January 2024.
Under the Live Local Act, developers can bypass public hearings for project approvals if they designate 40 percent of the project’s residential units for workforce housing. The law allows building up to the maximum density allowed in the city and up to the same height of buildings within a 1-mile radius.
Whitman proposed 240 units be set aside for residents earning up to 120 percent of the area median income for at least 30 years. That’s an income threshold of about $90,000 annually.
Bal Harbour didn’t play ball with that proposal, however.
The village allegedly implemented retroactive zoning changes and restrictive floor-area ratios to stall the project. Whitman’s entity sued the village in 2024 after its proposal was rejected.
Uthmeier’s filing pulled no punches, accusing the village of “systematically obstructing” a project that met all state criteria. He argued in a friend-of-the court brief that such administrative hurdles would invite other municipalities to nullify state law, effectively stripping the Florida Legislature of its power to address the housing crisis.
The village’s legal counsel, Mark Etan, did not respond to the outlet’s request for comment.
The village council scheduled a special meeting on April 27 to discuss a potential settlement.
— Rachel Stone
