Reprinted from an open letter posted on NextDoor – August 11, 2025

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From: Shlomo Danzinger
Former Mayor, Town of Surfside, FL
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To: Charles W. Burkett, Mayor​
Tina Paul, Vice Mayor​
Ruben A. Coto, Commissioner​
Nelly Velasquez, Commissioner​
Gerardo Vildostegui, Commissioner

August 11, 2025
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​RE: Formal Notice of Legal and Personal Liability Regarding Proposed Undergrounding Project
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Dear Mayor and Commissioners,
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I am writing to place each of you on formal notice regarding the proposed Utilities Undergrounding capital improvement project and your obligations under Section 216.0442, Florida Statutes.
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On July 28, 2025, prior to the Special Meeting on the proposed Undergrounding of Utilities project, the Town Manager sent each of you a letter estimating the total project cost at $80 million. That figure was already twice the amount authorized by voters in the March 2022 referendum.​
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More concerning, the estimate failed to include critical and foreseeable expenses such as:

• Replacement of residents’ driveways and hedges
• Post-construction resurfacing of roads throughout Surfside
• A reasonable contingency reserve for unexpected costs, which are common in large-scale construction projects

When these omitted costs are included, the true total will almost certainly exceed one hundred million dollars. For context, the 96th Street Park, which was approved under your 2020–2022 administration at $3.5 million, ultimately cost over $10 million due to unforeseen complications and mid-project expenses.
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​At the July 28 meeting, three of the five commissioners voted to suspend the project pending a definitive price commitment and a future referendum, bringing a fully developed proposal back to the voters for approval. In the week that followed, the Town Manager disregarded the outcome of that vote and called for a special meeting to discuss the project again, ignoring the commission’s decision. This was done despite the following facts being firmly established:

• The actual cost of this project will be far higher than the voter-approved amount.
• No lawful source of funding has been identified or approved for the tens of millions of dollars required beyond the original bond authorization.

​As you are well aware, our Town Charter requires voter approval for any bond issued to fund a capital improvement project. The voters narrowly approved a $40 million bond for this project, not $100 million. This was a specific and limited mandate, not an open-ended authorization for unlimited spending. Any attempt to proceed with a project that you know will cost far more than the voter-approved amount, without securing and publicly disclosing the lawful source of the additional funding, constitutes a clear violation of F.S. Section 216.0442, which requires a full funding plan, cost estimate, and financing method before committing to such an obligation.
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If you proceed knowing the cost will exceed the authorized amount, and without securing voter approval for the additional funding, you will be in violation of:

• Surfside's Town Charter – which requires that any indebtedness exceeding 15 percent of the Town's average annual property tax revenue for the preceding five years, and which is not fully repayable within a maximum of seven years, must be approved by referendum of the Town electors.
• Florida Statute 216.0442 – which requires:
  • A complete cost estimate
  • An identified financing method
  • Full disclosure of all funding sources before committing to the project

Proceeding under these circumstances is not a procedural oversight. It is an unlawful act outside the scope of your authority.
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​Under Florida Statute 768.28:

• Sovereign immunity does not protect municipal officials who act in bad faith, with malicious purpose, or with willful and wanton disregard for the rights, safety, or property of others.
• Knowingly violating the law and the Charter falls within this standard.

By taking such action, you risk:

• Personal civil liability for damages and legal costs
• Removal from office under Florida Statute 112.51 for malfeasance, misfeasance, or neglect of duty

​If you approve this project without complying with state law and without voter authorization for the additional borrowing, I will immediately:

• Submit this matter to the Governor of Florida for review under his suspension authority
• File a complaint with the Florida Department of Financial Services for state intervention
• Refer the matter to the Florida Commission on Ethics for investigation into possible abuse of public office
• Commit my own resources to bringing civil action against each of you personally for knowingly exceeding your lawful authority and causing financial harm to taxpayers

​This letter serves as your formal written notice. Any decision to proceed despite this warning will be treated as deliberate and willful misconduct.
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Respectfully,
​Shlomo Danzinger
​Former Mayor, Town of Surfside, FL

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​APPENDIX: Verbatim Legal Provisions

Florida Statutes § 216.0442 – Local Government Capital Improvement Projects

(1) Before a local government undertakes a capital improvement project which will require the issuance of bonds or certificates of participation or the execution of a lease-purchase agreement or any other contract which will require payment by the local government over a period of more than 12 months from the date of execution, the local government shall prepare a statement which includes:
(a) The total estimated cost of the project and the projected date of completion;
(b) The proposed method of financing the project, indicating the amount to be borrowed, the source of revenue which will be used to repay the borrowing, and the anticipated interest costs; and
(c) The anticipated funding sources that will be used to pay the debt service.
​(2) The statement prepared pursuant to subsection (1) shall be made available for public inspection prior to the adoption by the governing body of the local government of a resolution or ordinance authorizing the issuance of bonds, the execution of a lease-purchase agreement, or any other contract as described in subsection (1).

Florida Statutes § 768.28(9)(a) – Waiver of Sovereign Immunity

(9)(a) No officer, employee, or agent of the state or of any of its subdivisions shall be held personally liable in tort or named as a party defendant in any action for any injury or damage suffered as a result of any act, event, or omission of action in the scope of her or his employment or function, unless such officer, employee, or agent acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

Florida Statutes § 112.51 – Suspension and Removal of Municipal Officers

(1) By executive order stating the grounds therefor, the Governor may suspend from office any elected or appointed municipal officer who is indicted or informed against for commission of a federal felony or misdemeanor or state felony or misdemeanor, or who is indicted or informed against for commission of any offense involving a violation of her or his official duties.
​(2) The Governor may suspend any elected or appointed municipal officer for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony.

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Source:

​https://nextdoor.com/p/tYyRrYCCKc2Y?view=detail​