Florida AG Backs Developer in Bal Harbour Housing Dispute

Florida Attorney General James Uthmeier has entered the legal battle between Whitman Family Development and Bal Harbour village, filing a friend-of-the-court brief supporting the developer's contested Live Local Act project. The state's intervention represents what Whitman CEO Matthew Whitman Lazenby calls a "significant and unusual" move in the ongoing dispute.

The controversy centers on Whitman's proposed massive redevelopment of Bal Harbour Shops, featuring three 275-foot-tall buildings containing 600 residential units and a 70-room hotel. The project has generated substantial community opposition since its initial proposal over two years ago.

Uthmeier's filing accuses Bal Harbour village of "systematically obstructing" a development that meets state criteria under the Live Local Act. The 2023 workforce housing legislation permits developers to bypass local zoning and land-use regulations when dedicating at least 40 percent of residential units to renters earning up to 120 percent of the area median income.

"Local governments cannot essentially opt out of the law because they don't like it," stated John Shubin of Shubin Law Group, representing Whitman Family Development. The attorney emphasized that the Florida Legislature has consistently strengthened the Live Local Act in subsequent sessions, stripping additional powers from municipal authorities.

This dispute exemplifies broader conflicts emerging across Florida between cities and developers leveraging the Live Local Act to advance projects that would typically require local board approval. The workforce housing law has created a new dynamic in development approval processes throughout the state.

Court decisions have varied in similar cases. A Broward County judge recently ruled in favor of Hollywood city officials in a separate lawsuit challenging the proposed height of a Live Local project, demonstrating that outcomes depend on specific circumstances and judicial interpretation.

Lazenby has consistently maintained that Bal Harbour's resistance extends beyond individual opposition. "They're not picking a fight with me, they're picking a fight with the state of Florida," he said, referencing conversations with local government officials spanning more than two years.

The attorney general's intervention reinforces the state's commitment to implementing workforce housing initiatives despite local resistance. Shubin noted that the filing "affirmed what we have been stating for years, that this application strictly complies with the law."

Bal Harbour village is scheduled to address the legal matter during its Monday meeting, where officials will likely discuss their response to the attorney general's involvement. The ultimate resolution remains in judicial hands as the litigation continues.

The Live Local Act represents Florida's effort to address housing affordability challenges by streamlining development processes for projects including workforce housing components. The legislation aims to increase housing supply while ensuring accessibility for moderate-income residents across the state's communities.