Miami-Dade’s longstanding connection to Al Capone, probably the most famous organized crime boss in the 20th century, has come to an unceremonious, rubble-filled end.

The murderous gangster was once declared Public Enemy No. 1 by the FBI, but in a broader community where history is rapidly razed, it’s a sorry loss.

Capone’s 1922 waterfront winter home on Palm Island, near Miami Beach, was quietly demolished, a painful defeat for preservationists, whose hands ultimately were tied. Unfortunately, it might be one of many more historic homes to fall.

Blame the Florida Legislature and Gov. Ron DeSantis, who signed a little-noticed law last year that modified property laws. The new law prohibits local authorities from stopping demolitions of low-lying houses in designated flood zones, like Palm Island. As it turns out, every home in Miami Beach falls into that category.

The bill (HB 423) was designed to make it easier for homeowners in low-lying areas to raze their homes and rebuild to local flood-plain requirements. It passed both houses unanimously. No one opposed it. The sponsor was Rep. Chip LaMarca, R-Lighthouse Point.

Attack on home rule

In the case of the Capone home, at 93 Palm Ave., advocates who fought for years to preserve it were left powerless at a critical point in their efforts. When the law took effect, the Miami Beach Historic Preservation Board decided there was nothing it could do.

Miami Beach officials said the new law, an attack on home rule by its removal of specific powers from cities and counties, took the Capone matter out of their hands and left the new owners free to do as they pleased.

“We don’t think we should cancel culture.” -Daniel Ciraldo, @MDPL1976 This pile of rubble used to be the waterfront estate of prohibition-era gangster Al Capone. “the growth of South Florida is very closely tied to the prohibition-era.” 1/

— Christina Boomer Vazquez, M.S. (@CBoomerVazquez) August 11, 2023

Handcuffing local elected officials is an egregious hallmark of the DeSantis administration. At best, this developer-friendly law should require that new structures on these properties be built to now-stricter standards, better able to withstand the ravages of sea-level rise and climate change, including more intense hurricanes. At worst, it is another assault on local authorities’ ability to act in their communities’ best interests.

The new state rule exempts houses already designated as historic by local authorities, the state or federal government, but bars cities and counties from designating any newer flood-zone homes as protected landmarks without owner consent. It’s a sweeping change that could have extensive consequences for local officials trying to preserve historic architecture.

That’s what happened here. The Capone home was purchased by next-door neighbors, who paid $15.5 million. At first, it was unclear if they would demolish it. They were recently given a permit and moved forward.

Needless to say, the impact of the recent legislation will have a much broader reach than just the Capone mansion, which had served as an inspiration for the law. Detractors argue that this accelerating trend poses a severe risk to the city’s residential architectural legacy, potentially erasing its unique character.

The Miami Herald has reported that the introduction of the new regulation on demolitions coincides with a contentious time for Miami Beach. The city, typically renowned for its commitment to preserving its historical heritage, has faced criticism for city officials’ reluctance to safeguard its architecturally significant single-family homes.

Already, the escalating demand for luxury estates has led to a surge in demolition of numerous homes from the early and mid-20th century, which helped to affirm the city’s identity.

A balancing act

Miami Beach Mayor Dan Gelber said the city is in the difficult position of balancing competing interests.

“The city must be careful when declaring private property to be historic over property owners’ objections. Once we start to involuntarily declare properties historic, we run into issues of impacting property rights,” Gelber said.

Capone’s Miami Beach home held tremendous historical value. Within those walls, Capone would have planned bootlegging operations and met with underworld associates.

Rumor has it he plotted the notorious St. Valentine’s Day Massacre in Chicago at the Palm Island home. The two-story main house and guest house had nine bedrooms, six full baths, two half-baths and a fortified design that spoke to Capone’s paranoid nature and need for protection, even while in warm and sunny Miami Beach.

The home also proved that Capone had a vision, good taste and foresight. Way back in 1928, he likely recognized the area’s beauty; he bought the house at a locale that remains highly coveted today.

So a famous mansion owned by Capone, who died in 1947, is now a poster home for how easy it can be to demolish older properties on Miami Beach.

On January 25, 1947: Gangster Al Capone dies at his Palm Island home in Miami Beach.

"Al Capone is dead."

[Miami Herald – January 26, 1947]

— SFDB (@sfdb) January 25, 2022

It recalls the tireless work of Barbara Capitman, who in the 1970s and 1980s singlehandedly made us care about old Art Deco buildings in Miami Beach and the need to preserve them. People listened. Those buildings helped the city’s economy flourish.

Miami Beach needs another Barbara Capitman. Unfortunately, under this misguided new property law, she would be powerless.

This editorial was adapted from an editorial produced by the Miami Herald Editorial Board. The Sun Sentinel publishes editorials from other publications that generally reflect the views of the Sun Sentinel Editorial Board.