Filing # 79767274 E-Filed 10/23/2018 07:13:26 PM.
IN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA.
GENERAL JURISDICTION DIVISION
CASE NO.
BRUCE C. MATHESON, a citizen
of the City of Miami, Florida,
Plaintiff,
CITY OF MIAMI, FLORIDA,
a Florida municipal corporation,
Defendant.
/
COMPLAINT FOR DECLARATORY RELIEF
Jurisdiction and Request for Expedited Relief
1, This is a civil action seeking expedited declaratory relief pursuant to Florida
Statutes Sections 86.011 and 86.111. This Court has jurisdiction over the subject matter
pursuant to Article 5, Section 5(b) of the Florida Constitution as implemented by Section
26.012(2)(c) of the Florida Statutes.
2, Pursuant to Florida Statute Section 86.111, and based upon the facts set forth
below, Plaintiff Matheson requests an accelerated hearing on this matter, with this action being
given priority over other pending
tions.
Parties
3 Plaintiff BRUCE C. MATHESON is a citizen of, resides in, and is a registered
voter in the City of Miami, Florida,4, Defendant CITY OF MIAMI, FLORIDA (the
ity") is a Florida municipal
corporation in Miami-Dade County, Florida where venue resides. The City is a governmental
entity. “It is a public institution designed to promote the common interests of the inhabitants in
their organized capacity as a local government,” and “[iJts objects are governmental, not
commercial”; it was “[cJreated for public purposes only.” Miami Water Works Local No. 654 v.
City of Miami, 26 So. 2d 194, 197 (Fla. 1946)
Nature of Action
5. This is an action challenging the validity and effect of a proposed City Charter
Amendment to authorize a private company, Miami Freedom Park, LLC, to lease and develop a
massive $1 billion commercial soccer/office/hotel/mall mega-complex with a soccer/concert
stadium added onto it, but without competitive bidding or securing fair market value for the
lease. A referendum ballot is scheduled for a vote in the Special Election, City of Miami,
Florida, November 6, 2018 (hereinafter, the “Soccer Stadium Referendum”).' It is purportedly
authorized by City of Miami Resolution R-18-0309 (hereinafter, the “Soccer Stadium
Resolution”). Copies of the “Soccer Stadium Referendum” and “Soccer Stadium Resolution”
are attached hereto as Exhibits A and B, respectively
Factual Allegations
The Charter
6. The City operates under its own Charter (the “Charter”). ‘The Charter enables the
City to “conduct municipal government, perform municipal functions and render municipal
' The Special Election is being called pursuant to Section 6.03 of the Miami-Dade Home
Rule Charter.services and may exercise any power for municipal purposes, except when expressly prohibited
by law.” Sec. 3, Charter.
1,
Section 29-B of the Charter governs the lease or sale of municipal property. That
section provides that
Sec, 29-B, Charter.
Notwithstanding any provision to the contrary contained in this
Charter or the City Code, and except as provided below, the city
commission is prohibited from favorably considering any sale or
lease of property owned by the city unless there is a return to the
city of fair market value under such proposed sale or lease. The
city commission is also prohibited from favorably considering any
sale or lease of city-owned property unless
(a) there shall have been, prior to the date of the city commission's,
consideration of such sale or lease, an advertisement soliciting
proposals for said sale or lease published in a daily newspaper of
general paid circulation in the city, allowing not less than ninety
(90) days for the city's receipt of proposals from prospective
purchasers or lessees, said advertisement to be no less than one-
fourth (1/4) page and the headline in the advertisement to be in a
type no smaller than 18-point and,
(b) except as provided below, there shall have been at least three
(3) written proposals received from prospective purchasers. or
lessees; however, if there are less than three (3) such proposals
received and if the guaranteed return under the proposal whose
acceptance is being considered is equal to fair market value the
city commission determines that the contemplated sale or lease
will be in the city's best interest then, subject to the approval of a
majority of the votes cast by the electorate at a referendum, the
sale or lease may be consummated.
Charter requires competitive bidding.
The City’s Efforts to Eliminate t
Important Public Protection of Competi
e Bidding
Accordingly, whenever the City desires to lease or sell its property, the
8. On July 18, 2018, the City approved two resolutions that seek to undermine the
important competitive bidding protections set forth in the Charter.
The first is a resolution of the