Miami Lakes council authorizes town attorney to seek court ruling on state blasting law

Miami Lakes — The Town Council on Thursday voted unanimously to authorize the town attorney to prepare and file a lawsuit challenging the constitutionality of a Florida law that channels blasting damage claims into administrative hearings and away from the courts.

Councilman Steven Herzberg, who introduced the item, said the measure would seek declaratory and injunctive relief and, if successful, restore property owners’ ability to pursue damages in court before a jury. "This is not a lawsuit that stops the mining. I'm very clear. We're not trying to stop the mining," Herzberg said as he outlined the legal theory and timeline.

The item grew out of years of work by the town's Blasting Advisory Board and by residents who testified at the meeting about alleged damage to homes, pools, sidewalks and infrastructure. Dozens of residents from Miami Lakes and nearby neighborhoods urged the council to act. "We are blasting mad and we will not take it anymore," said Esprensa Reynolds during public comment. Miguel Martinez, a longtime activist on the issue, told the council the industry had acknowledged damage but characterized it as "cosmetic." "I strongly support item 16C and stopping this egregious action," Martinez said.

Herzberg framed the suit as a limited constitutional challenge focused on two central claims: that the statute eliminating jury trials in blasting damage cases violates the Florida and U.S. constitutions' guarantees of access to the courts, and that it creates a separation-of-powers problem by moving matters traditionally heard in judicial courts into an administrative process. "The heart of the issue ... gets rid of your right to have your damages determined by a jury of your peers," Herzberg said. He told the council the town would not immediately sue for damages, but would first seek a court ruling restoring property owners' rights to use the courts.

Council members asked questions about potential costs, timing and whether other municipalities would join. Several council members said they would seek partners among neighboring cities and county officials to share costs and legal strategy. "If they don't want to chip in, we lead," Herzberg said, adding he hoped to file within 60 to 90 days. The town attorney who addressed the council said the litigation would be expensive and could affect relationships with state entities and funders, but told the council the legal arguments were strong.

The motion, to "authorize the town attorney to prepare a lawsuit for declaratory and injunctive relief finding that the statute is unconstitutional and to file it in a competent court of jurisdiction," was moved by Councilman Steven Herzberg and seconded; the council then voted by roll call and the item passed unanimously.

Council members and public speakers emphasized this action is intended to restore procedural rights for property owners, not to stop or regulate mining operations themselves. Several speakers and council members said they view litigation as a last resort after legislative and administrative efforts in Tallahassee failed to produce relief for residents.

The council also discussed funding options, including asking nearby municipalities and county officials to contribute to legal costs and exploring a dedicated millage or other revenue sources. The town attorney and Herzberg said the first step would be strategy discussions with outside counsel and possible executive sessions to address legal tactics. The council did not approve specific litigation contracts or budgets at the meeting; the authorization was limited to directing the town attorney to proceed with preparing the suit.

The council's vote will allow the town to pursue the constitutional challenge in court; no complaint had been filed by the end of the meeting and there is no guarantee of success, council members and the town attorney cautioned.

Ending — The vote caps months of resident complaints and advisory-board work on blast-related damage in Miami Lakes. Councilman Herzberg said the town would continue outreach to other municipalities and to stakeholders as the town develops litigation strategy and seeks potential funding partners.