To the Editor:
City Attorney George Wysong made the following comments during the June 25, 2026 City Commission meeting regarding Resolution RE 5 and whether it would require the city to sue the State of Florida over the Live Local Act:
“I think it’s written broadly enough that it does not. Sometimes you adopt a resolution that directs you to take action. This one looks into many options — maybe not suing, joining as an amicus or something like that. We’ll analyze it, bring it back, and seek your guidance as to how aggressive you want us to be. Ultimately, that’s your decision as the City Commission.”
My thinking is that RE 5 is very poor decision-making on the part of the City Commission and the city attorney. RE 5 only pertains to analyzing and determining whether to bring legal action to oppose the act.
Opposing home rule and the preemption of local rule on this issue has already been litigated this year by 27 cities and municipalities, and it hasn’t worked. Four of Jamie Cole’s five complaints in his SB 180 case, which challenged the constitutionality of SB 180 (including home rule and preemption), have already been dismissed this year. Hillsborough County is now in litigation challenging the constitutionality of the Live Local Act in the same Leon County court as Jamie Cole’s SB 180 case.
I think a significantly better path forward is to oppose the full application of the Live Local Act in the state Legislature, not by challenging the validity of the act. I suggest RE 5 be revised to limit its scope, similar to Miami-Dade County’s approach, which urged “the Florida Legislature to adopt legislation amending section 125.01055, Florida Statutes, otherwise known as the Live Local Act, to exempt transit-oriented development areas from the zoning, height, and density preemptions contained therein and from being used to determine the highest currently allowed height for other developments authorized by the Live Local Act.”
The Live Local Act and subsequent amendments all passed the state committees and both houses unanimously, so a court is never going to invalidate the act. That’s not going to happen.
Barry Subkow
Coconut Grove
