RE.2 - A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, FINDING THAT MIAMI-DADE COUNTY’S ("COUNTY") CONTINUED CHALLENGE TO THE LEGAL EXISTENCE AND OPERATION OF THE ALLAPATTAH REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY (“ACRA”) SIGNIFICANTLY IMPAIRS THE CITY OF MIAMI (“CITY”) AND THE ACRA’S CONTINUED OPERATION OF THE AGENCY AND IF IMMEDIATE ACTION IS NOT TAKEN, THE ACRA’S AND THE CITY’S SIGNIFICANT LEGAL RIGHTS WILL BE COMPROMISED; FURTHER WAIVING THE REQUIREMENTS OF CHAPTER 164, FLORIDA STATUTES; AND FURTHER AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL LEGAL ACTIONS NECESSARY, IN LAW OR IN EQUITY, AGAINST THE COUNTY TO SEEK JUDICIAL REVIEW OF THE ACRA’S CREATION AND OPERATION.
September 24, 2026
Department: Office of the City Attorney
Category: Settlement
WHEREAS, the Florida Legislature enacted the Community Redevelopment Act of 1969, codified at Part III of Chapter 163, Sections 163.330 through 163.463, Florida Statutes, as amended (the “Act”); and
WHEREAS, Section 163.410 of the Act provides “In any county which has adopted a home rule charter, the powers conferred by this part shall be exercised exclusively by the governing body of such county”; and
WHEREAS, Section 163.410 of the Act, also provides, in part, “the governing body of the county that has adopted a home rule charter shall grant in whole or in part or deny any request from a municipality for a delegation of powers or a change in an existing delegation of powerswithin 120 daysafter the receipt of all required documentation,or such request shall be deemed grantedunless this period is extended by mutual consent in writing by the municipality and county”; and
WHEREAS, onApril 10, 2025, pursuant to Section 163.355 of the Act, the City of Miami (“City”) Commission adopted Resolution No. R-25-0124, which accepted and approved the Finding of Necessity Report (“FON”) for the area generally bounded by the State Road 112/Airport Expressway on the north, the Miami River on the south, Interstate 95 on the east, and Northwest 19th Avenue on the west, comprising approximately 1,661 acres(the “Redevelopment Area”) to be slum and blighted, as defined by the criteria outlined in the Act and in need of redevelopment, thereby declaring the need to establish the Allapattah Redevelopment District Community Redevelopment Agency (“ACRA”); and
WHEREAS, upon adoption, the FON was transmitted to Miami-Dade County (the“County”), pursuant to the requirements of the Act for consideration and approval pursuant to the home rule charter; and
WHEREAS, on October 23, 2025, the City Commission adopted Resolution No. R-25-0443, which reiterated the need for the creation of the ACRA by urging the County to proceed with the establishment of the ACRA and requesting, pursuant to Section 163.410 of the Act, a delegation of powers from the County be granted to the City for the creation and operation of the ACRA; and
WHEREAS, on November 3, 2025, the City transmitted a copy of Resolution No. R-25-0443 to the County, pursuant to Section 163.410 of the Act; and
WHEREAS, March 3, 2026, marked the 120thday following November 3, 2025; and
WHEREAS,accordingly, the 120-day period lapsed, thereby, pursuant to Section 163.410 of the Act, the City’s request for the County’s delegation of authority to proceed with the creation and operation of the ACRA was deemed granted, by operation of law; and
WHEREAS, on March 13, 2026, the County electronically submitted to the City a correspondence acknowledging receipt of City Resolution No. R-25-0443, which was transmitted to the County on November 3, 2025, and requested an additional 120-day extension of time, which requires mutual consent pursuant to Section 163.410 of the Act; and
WHEREAS, to date, there has not been any mutual consent regarding said 120-day request for an extension of time; and
WHEREAS, on April 9, 2026, the City Commission, pursuant to the Act and its delegation of authority, adopted Resolution No. R-26-0161 which established the ACRA, a public body corporate and politic, pursuant to Sections 163.355, 163.356, and 163.357, of the Act, and declared the members of the City Commission to be the members of the board of commissioners of the Agency and declared the need for the ACRA to function within the City to carry out community redevelopment activities; and
WHEREAS, on July 23, 2026, the City Commission, sitting as the governing body of the ACRA, adopted Resolution No. R-26-0340, which, after a duly noticed public hearing and pursuant to Sections 163.346, 163.357, 163.360, and 163.362, of the Act, approved and adopted the ACRA’s Community Redevelopment Plan (the “Plan”) and accepted and incorporated the boundaries of the Redevelopment Area, and further directed the City Clerk to transmit a copy of said Resolution, with its attachments, to each taxing authority; and
WHEREAS, on August 12, 2026, the City transmitted a copy of Resolution No. R-26-0340 to the County, pursuant to the requirements of the Act; and
WHEREAS, on September 10, 2026, the ACRA and City adopted resolutions, respectively, for the approval of an Interlocal Agreement between the City and ACRA regarding the redevelopment area; and
WHEREAS, on September 11, 2026, the County electronically transmitted a letter to the City regarding competing policy goals pursuant to Section 163.360(6)(b)(1) of the Act; and
WHEREAS, the County continues to dispute the existence, operation and now use of redevelopment funds of the ACRA and the City’s establishment thereof; and
WHEREAS, the City Commission finds that significant legal rights will be compromised if a court proceeding does not take place before the provisions of Chapter 164, Florida Statutes, are complied with; and
WHEREAS, the City Commission finds that it is in the best interest of the City residents, business owners, visitors, and property owners to authorize the City Attorney to take any and all action(s) necessary, in law or equity, regarding the County’s continued challenge to the legal existence and operation of the ACRA;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission, by a four-fifths (4/5ths) affirmative vote, finds that the County’s continued challenge to the legal existence and operation of the Allapattah Redevelopment District Community Redevelopment Agency significantly impairs the City and the ACRA’s continued operation of the Agency and if immediate action is not taken, the ACRA’s and the City’s significant legal rights will be compromised and requires immediate action should a court proceeding not take place beforecompliance withthe provisions ofChapter 164, Florida Statutes, the “Florida Governmental Conflict Resolution Act”.
Section 3. The City Commission hereby authorizes the City Attorney to take any and all action(s) necessary, in law or equity, regarding the continued challenge to the City regarding the legal existence and operation of the ACRA.
Section 4. This Resolution shall become effective immediately upon its adoption.
WHEREAS, Section 163.410 of the Act provides “In any county which has adopted a home rule charter, the powers conferred by this part shall be exercised exclusively by the governing body of such county”; and
WHEREAS, Section 163.410 of the Act, also provides, in part, “the governing body of the county that has adopted a home rule charter shall grant in whole or in part or deny any request from a municipality for a delegation of powers or a change in an existing delegation of powerswithin 120 daysafter the receipt of all required documentation,or such request shall be deemed grantedunless this period is extended by mutual consent in writing by the municipality and county”; and
WHEREAS, onApril 10, 2025, pursuant to Section 163.355 of the Act, the City of Miami (“City”) Commission adopted Resolution No. R-25-0124, which accepted and approved the Finding of Necessity Report (“FON”) for the area generally bounded by the State Road 112/Airport Expressway on the north, the Miami River on the south, Interstate 95 on the east, and Northwest 19th Avenue on the west, comprising approximately 1,661 acres(the “Redevelopment Area”) to be slum and blighted, as defined by the criteria outlined in the Act and in need of redevelopment, thereby declaring the need to establish the Allapattah Redevelopment District Community Redevelopment Agency (“ACRA”); and
WHEREAS, upon adoption, the FON was transmitted to Miami-Dade County (the“County”), pursuant to the requirements of the Act for consideration and approval pursuant to the home rule charter; and
WHEREAS, on October 23, 2025, the City Commission adopted Resolution No. R-25-0443, which reiterated the need for the creation of the ACRA by urging the County to proceed with the establishment of the ACRA and requesting, pursuant to Section 163.410 of the Act, a delegation of powers from the County be granted to the City for the creation and operation of the ACRA; and
WHEREAS, on November 3, 2025, the City transmitted a copy of Resolution No. R-25-0443 to the County, pursuant to Section 163.410 of the Act; and
WHEREAS, March 3, 2026, marked the 120thday following November 3, 2025; and
WHEREAS,accordingly, the 120-day period lapsed, thereby, pursuant to Section 163.410 of the Act, the City’s request for the County’s delegation of authority to proceed with the creation and operation of the ACRA was deemed granted, by operation of law; and
WHEREAS, on March 13, 2026, the County electronically submitted to the City a correspondence acknowledging receipt of City Resolution No. R-25-0443, which was transmitted to the County on November 3, 2025, and requested an additional 120-day extension of time, which requires mutual consent pursuant to Section 163.410 of the Act; and
WHEREAS, to date, there has not been any mutual consent regarding said 120-day request for an extension of time; and
WHEREAS, on April 9, 2026, the City Commission, pursuant to the Act and its delegation of authority, adopted Resolution No. R-26-0161 which established the ACRA, a public body corporate and politic, pursuant to Sections 163.355, 163.356, and 163.357, of the Act, and declared the members of the City Commission to be the members of the board of commissioners of the Agency and declared the need for the ACRA to function within the City to carry out community redevelopment activities; and
WHEREAS, on July 23, 2026, the City Commission, sitting as the governing body of the ACRA, adopted Resolution No. R-26-0340, which, after a duly noticed public hearing and pursuant to Sections 163.346, 163.357, 163.360, and 163.362, of the Act, approved and adopted the ACRA’s Community Redevelopment Plan (the “Plan”) and accepted and incorporated the boundaries of the Redevelopment Area, and further directed the City Clerk to transmit a copy of said Resolution, with its attachments, to each taxing authority; and
WHEREAS, on August 12, 2026, the City transmitted a copy of Resolution No. R-26-0340 to the County, pursuant to the requirements of the Act; and
WHEREAS, on September 10, 2026, the ACRA and City adopted resolutions, respectively, for the approval of an Interlocal Agreement between the City and ACRA regarding the redevelopment area; and
WHEREAS, on September 11, 2026, the County electronically transmitted a letter to the City regarding competing policy goals pursuant to Section 163.360(6)(b)(1) of the Act; and
WHEREAS, the County continues to dispute the existence, operation and now use of redevelopment funds of the ACRA and the City’s establishment thereof; and
WHEREAS, the City Commission finds that significant legal rights will be compromised if a court proceeding does not take place before the provisions of Chapter 164, Florida Statutes, are complied with; and
WHEREAS, the City Commission finds that it is in the best interest of the City residents, business owners, visitors, and property owners to authorize the City Attorney to take any and all action(s) necessary, in law or equity, regarding the County’s continued challenge to the legal existence and operation of the ACRA;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission, by a four-fifths (4/5ths) affirmative vote, finds that the County’s continued challenge to the legal existence and operation of the Allapattah Redevelopment District Community Redevelopment Agency significantly impairs the City and the ACRA’s continued operation of the Agency and if immediate action is not taken, the ACRA’s and the City’s significant legal rights will be compromised and requires immediate action should a court proceeding not take place beforecompliance withthe provisions ofChapter 164, Florida Statutes, the “Florida Governmental Conflict Resolution Act”.
Section 3. The City Commission hereby authorizes the City Attorney to take any and all action(s) necessary, in law or equity, regarding the continued challenge to the City regarding the legal existence and operation of the ACRA.
Section 4. This Resolution shall become effective immediately upon its adoption.