HomeMy WebLinkAboutOrdinance 2026-4815 ORDINANCE NO. 2026-4815
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66 OF THE CITY CODE,
ENTITLED "MARINE STRUCTURES, FACILITIES AND VESSELS," BY
AMENDING ARTICLE II, ENTITLED "RESTRICTED WAKE ZONES," BY
AMENDING SECTION 66-43, ENTITLED "RESTRICTED AREAS," TO
ESTABLISH A DESIGNATED PUBLIC SWIM AREA, AND CORRESPONDING
MOTORIZED VESSEL EXCLUSION ZONE, IN THE WATERS SURROUNDING
FLAGLER MEMORIAL ISLAND, ALSO KNOWN AS MONUMENT ISLAND,
PURSUANT TO SECTION § 327.46 OF THE FLORIDA STATUTES; AND
FURTHER, AUTHORIZING THE CITY MANAGER TO UNDERTAKE AND
EXECUTE THE NECESSARY APPLICATIONS AND COORDINATION WITH
THE VARIOUS AGENCIES OF MIAMI-DADE COUNTY, THE STATE OF
FLORIDA, AND THE UNITED STATES GOVERNMENT IN ORDER TO
EFFECTUATE THE ESTABLISHMENT OF THE DESIGNATED PUBLIC SWIM
AREA, AND CORRESPONDING MOTORIZED VESSEL-EXCLUSION ZONE;
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach ("City") desire to
establish a designated public swim area and corresponding motorized vessel-exclusion zone in
the waters surrounding Flagler Memorial Island ("Monument Island"), which is an uninhabited,
manmade spoil island located in Biscayne Bay within the jurisdictional limits of the City; and
WHEREAS, Monument Island and its surrounding waters are heavily utilized for
recreational boating, swimming, and other water-related activities, resulting in frequent
congestion, various user conflicts, and many safety concerns; and
WHEREAS, the City hosts approximately 13.3 million visitors each year, and is considered
one of the world's most popular tourist destinations because of its beaches, crystal-clear blue
water, and amazing tropical environment; and
WHEREAS, many of the visitors, including locals from surrounding areas in South Florida,
make use of the water by engaging in recreational boating either on a personal watercraft or more
traditional motorized vessel; and
WHEREAS, alcohol consumption, drug use, and general reckless activities proliferate on
and around the beaches of Monument Island as people drink, party, and engage in debauchery
on personal boats, tourist boats, charter boats, and personal watercraft, often operating such
motorized vessels under the influence of alcohol or other illegal substances; and
WHEREAS, the year-round presence of boats and personal watercrafts, many of which
are operated either in a careless or reckless manner and/or are operated under the influence of
alcohol or drugs, results in unsafe levels of vessel traffic congestion that create a significant risk
of an accident, in particular as it relates to swimmers, non-motorized vessel operators, and others
just enjoying the water; and
Page t of 10
WHEREAS, Monument Isiand regularly attracts high volumes of recreational users,
particularly on weekends from February through October, with the island's limited beaching
capacity of approximately 25 vessels typically reached during these periods; and
WHEREAS, an additional 25 to 30 vessels routinely anchor just offshore in the area
proposed herein as the designated swim zone, with another 15 to 20 vessels anchoring beyond
that perimeter, and with each vessel carrying an average of four(4) individuals, the total number
of swimmers, waders, and recreational users in the vicinity often exceeds 250 people on a typical
weekend, with even higher concentrations during peak holiday and high-impact weekends; and
WHEREAS, on Easter Sunday 2018, a tragic incident occurred when a charter vessel
guest swimming within the proposed designated swim zone in approximately 10 feet of water near
the stern of the yacht "Miami Vice" - believed to be a high-powered Pershing model estimated at
over 3,000 horsepower - was fatally struck by the vessel's propellers after the captain engaged
the engines in reverse; and
WHEREAS, the victim sustained catastrophic injuries including a severed arm and leg, a
split-open back, and a displaced spine, and despite the immediate response from Miami Beach
Marine Patrol, Florida Fish and Wildlife Conservation Commission, Miami-Dade Fire Rescue, and
Miami Fire Rescue, recovery efforts took approximately two days to locate and retrieve the
decedent; and
WHEREAS, in May 2025, a Lamborghini-branded yacht traveling north in the Meloy
Channel east of Monument Island began taking on water due to a mechanical failure while
carrying approximately 32 passengers; and
WHEREAS, although the vessel's estimated capacity would suggest accommodation for
up to 74 persons aboard a 65-foot yacht with a 17-foot beam, the incident underscores the safety
concerns associated with large groups congregating on and around high-performance vessels in
close proximity to popular recreational areas such as Monument Island; and
WHEREAS, from January 1, 2024 to March 6, 2026, a total of 626 Uniform Boating
Citations ("UBCs") were issued in the area, including 151 UBCs for speeding in designated
manatee zones and 18 UBCs for careless vessel operation, further underscoring ongoing safety
and enforcement challenges; and
WHEREAS, Florida Statute § 327.46(1)(b)3 authorizes municipalities to establish a
vessel-exclusion zone if the area is designated as a public bathing beach or swim area (so long
as the waters aren't any part of the Florida Intercoastal Waterway and are not within 100 feet of
a marked channel of the Florida Intercoastal Waterway); and
WHEREAS, the City desires to create a designated public swim area around Monument
Island, which area does not include any part of the Florida Intercoastal Waterway and is not within
100 feet of a marked channel of the Florida Intercoastal Waterway, as set forth and depicted in
Appendix 4 which is attached and incorporated hereto, in order to enhance public safety in the
area; and
Page 2 of 10
WHEREAS, in designating a public swim area, the City would also seek to establish a
corresponding motorized vessel-exclusion zone, which will not only greatly benefit public safety,
but will also protect the historic monument located on Monument Island; and
WHEREAS, the Mayor and City Commission find that establishing a designated public
swim area, and a corresponding motorized vessel-exclusion zone, in the waters surrounding
Monument Island is necessary to enhance public safety, protect swimmers, waders and non-
motorized vessel operators (including many kayakers and paddleboarders), and preserve the
environmental quality of the island's nearshore areas; and
WHEREAS, the establishment of a designated public swim area, and corresponding
motorized vessel-exclusion zone, requires coordination and approval by all appropriate regulatory
agencies including, but not limited to, the Florida Fish and Wildlife Commission ("FWC"), the
United States Army Corps of Engineers, and Miami-Dade County's Department of Environmental
Resources Management ("DERM"); and
WHEREAS, upon approval, the City will place appropriate regulatory markers in and
around the designated public swim area pursuant to applicable Florida law and as set forth in
Chapter 327 of the Florida Statutes; and
WHEREAS, the City Commission desires to authorize the City Manager, or the City
Manager's designee(s), to undertake the necessary applications, correspondence, and
procedural steps with the various agencies to formally establish, designate, and implement the
proposed public swim area and corresponding motorized vessel-exclusion zone; and
WHEREAS, the legal description and attendant sketch of the legal description to establish
the buoy line for the designated public swim area, and corresponding motorized vessel-exclusion
zone, are attached and incorporated herein as "Appendix 4."
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 66-43 of Article II of Chapter 66 of the Miami Beach City Code is
hereby amended as follows:
CHAPTER 66
MARINE STRUCTURES, FACILITIES AND VESSELS
* * *
ARTICLE II. RESTRICTED WAKE ZONES
* * *
Sec. 66-43. — Restricted areas.
(a) The areas of enforcement of the provisions of this section shall be all public navigable
waters, creeks, lakes, canals and channels, as provided herein, whether natural or
manmade, located within the boundaries described below for the purpose necessary to
Page 3 of 10
protect the safety of the public as such restrictions are necessary based on boating
accidents, visibility, hazardous currents or water levels, vessel traffic congestion, or other
navigational hazards in compliance with F.S. § 327.46.
(b) Idle speed, no wake zones shall be established at the following locations:
(1) Within a 500-foot radius of the public access boat ramp within the Maurice Gibb
Memorial Park. See Area A on Appendix 1.
(2) Within a 300-foot radius of the blind corner presented by the northwest corner of the
Sunset Harbor Yacht Club Marina which obstructs the view between the Biscayne Bay
and the channel between the Miami Beach Island and Sunset Island IV, excluding
however the area of the 300-foot radius circle which is greater than 150 feet north of
the northern bound of the Sunset Harbor Yacht Club Marina. See Area B on Appendix
1.
(c) A slow speed, minimum wake zone shall be established:
(1) That portion of Biscayne Bay which lies west of the northern portion of the Sunset
Harbor area of Miami Beach, and east of the northern mid-point of Belle Isle, and
excluding the shoal area in the vicinity east, north, and south of Marker 5, and bounded
to the north by the imaginary line which is a westward extension of the northern
boundary of the Sunset Harbor Marina Yacht Club; additionally excluding areas
otherwise designated herein as Idle Speed, No Wake Zones. See Area C on Appendix
1.
Page 4 of 10
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Appendix 1.
(2) Those waters of Biscayne Bay, westerly of the westerly boundary of the channel
commonly known as the Meloy or East Channel, northerly of a line which bears 90
located approximately 200 feet northerly of the northernmost tip of Star Island,
northeasterly of a line which is approximately 200 feet northeasterly of and parallel
with the general contour of the northeasterly shoreline of Hibiscus Island,
southeasterly of a line which bears 25° running through the southernmost tip of Di Lido
Island (approximate latitude 25° 47' 10" North, approximate longitude 80° 09' 32"
West), southerly of a line which bears 90° located approximately 200 feet southerly of
the southernmost tip of Rivo Alto Island, southerly of a line which bears 90° easterly
of Rivo Alto Island located approximately 300 feet northerly of the southernmost tip of
Rivo Alto Island, and southeasterly of a line approximately 200 feet southeasterly of
the general contour of the southeasterly shorelines of Di Lido and Rivo Alto Islands
and excluding those waters of Biscayne Bay lying within 100 feet of the general
contour of the southwester�y, northwesterly and northeasterly shoreline of the Flagler
Memorial Monument Island, southwesterly of a line which bears 308° running through
Page 5 of 10
Red Nun Bouy "2" (latitude 25° 47' 05" North, longitude 80° 09' 01" West), westerly of
a line bearing 90° running through Red Nun Bouy "2", northerly of latitude 25° 47' 00"
North, and northeasterly of a line which bears 308° located approximately 100 feet
southwesterly of the southwesternmost tip of the Flagler Memorial Monument Island.
(See Ap�ea��Appendix 2).
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Appendix 2.
(3) All waters south of the MacArthur Causeway Bridge bounded on the east by the Miami
Beach Marina, bounded on the west by the US Coast Guard Island Restricted Area
(pursuant to 33 CFR § 334.605), bounded on the south by a line drawn from a point
approximately 150 feet southeast of the existing lighted buoy(25.7685, -80.1421), east
to the southern entrance of the Miami Beach Marina (25.7692, -80.1403). (See
Ap�ea�-�Appendix 3).
Page 6 of 10
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Appendix 3. i
(d) A Slow Speed, Minimum Wake Zone shall be established in the areas designated below.
In these designated areas, no person shall operate a motorboat or any other motor-based
vessel, floating apparatus, or personal watercraft at a speed greater than slow speed:
(1) Within 300 feet of the I-195 over Biscayne Bay bridge spans, also known as the Julia
Tuttle Causeway
(2) Within 300 feet of the MacArthur Causeway bridge spans
(3) Within 300 feet of the SR-943 EB over East Biscayne Bay bridge spans located
between NE 79th Street and Biscayne Bay
(4) Within 300 feet of the Venetian Causeway bridge spans located between Rivo Alto
and Belle Isle
(5) Within 300 feet of the West 47th Street over Biscayne Waterway bridge spans
(6) Within 300 feet of the 63'd Street over Indian Creek bridge spans
(7) Within 300 feet of the West 29th Street over Sunset Lake Canal bridge spans
Page 7 of 10
(8) Within 300 feet of the Sunset Drive over Sunset Lake Canal bridge spans located 0.4
miles north of Alton Road
(9) Within 300 feet of the Sunset Drive over Sunset Lake Canal bridge spans located 500
feet north of 20�h Street
� A desiqnated public swim area ("Swim Area") is herebv created and established in the
waters adlacent to Flaqler Memorial Island, also known as Monument Island. The Swim
Area shall extend out 150 feet waterward in all directions from the mean hiqh-water line.
The Swim Area is intended to improve public health and safety by prohibitinq the
�eration, anchorinq, or moorinq of any motorized vessels, and encouraqinq non-
motorized vessels such as kavaks and paddleboards to enter the desiqnated Swim Area
around Monument Island, as depicted in Appendix 4.
� Prohibited activifies. It shall be unlawful for any person to operate, anchor, or moor
any motorboat, as that term is defined in Section 66-4 of this Chapter, or permit the
operation, anchorinq, or moorinq of any motorboat, within the Swim Area.
� Exemptions. The followinq shall be exempt from the prohibitions contained in this
Section:
a. Vessels operatinq under emerqencv conditions durinA an emerqencv;
b. A law enforcement, firefiqhtinq, or rescue vessel owned or operated bv a
qovernmental entity; or
c. Vessels operated bv an emplovee, officer, or authorized aqent of a local, state, or
federal qovernment for ensurinq compliance with local, state, or federal law, or for
performinq other official duties.
� Penalties. The provisions of this Section mav be enforced bv issuance of a Uniform
Boatinq Citation by any law enforcement officer, as defined in Fla. Stat. § 943.10,
pursuant to the procedures set forth in Fla. Stat. �� 327.73, 327.731, and 327.74.
Page 8 of 10
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Appendix 4.
* * *
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
Page 9 of 10
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the �o� day of l`7�r'7 r , 2026.
ATTEST: .
ApR 2 8 2026 Steven Meiner, Mayor
Rafael E. ranado, City Clerk
Underline denotes additions.
denotes deletions.
(Sponsored by Mayor Steven Meiner�
Co-Sponsored by Commissioner Monica Matteo-Salinas
APPROVED AS TO
FORM & LANGUAGE
F R EXECUTION
3191�z�
City orney � _ /' D�et
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Page 10 of 10
Ordinances - R5 Z
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: April 22, 2026 10:45 a.m. Second Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSI�N OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66 OF THE CITY CODE,
ENTITLED "MARINE STRUCTURES, FACILITIES AND VESSELS," BY AMENDING
ARTICLE II, ENTITLED "RESTRICTED WAKE ZONES," BY AMENDING SECTION
66-43, ENTITLED "RESTRICTED AREAS," TO ESTABLISH A DESIGNATED
PUBLIC SWIM AREA, AND CORRESPONDING MOTORIZED VESSEL
EXCLUSION ZONE, IN THE WATERS SURROUNDING FLAGLER MEMORIAL
ISLAND, ALSO KNOWN AS MONUMENT ISLAND, PURSUANT TO SECTION
§327.46 OF THE FLORIDA STATUTES;AND FURTHER, AUTHORIZING THE CITY
MANAGER TO UNDERTAKE AND EXECUTE THE NECESSARY APPLICATIONS
AND COORDINATION WITH THE VARIOUS AGENCIES OF MIAMI-DADE
COUNTY, THE STATE OF FLORIDA, AND THE UNITED STATES GOVERNMENT
IN ORDER TO EFFECTUATE THE ESTABLISHMENT OF THE DESIGNATED
PUBLIC SWIM AREA, AND CORRESPONDING MOTORIZED VESSEL-
EXCLUSION ZONE; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission approve the subject
ordinance at Second Reading public hearing on April 22, 2026.
BACKGROUND/HISTORY
On April 28, 2023, the City Commission adopted Resolution No. 2023-32570 (Attachment A)that
prioritized funding for a Monument Island capital project to include: design and installation of a
riprap revetment to reduce erosion and protect the island's shoreline, contemplated a motorized
vessel exclusion zone and swim only zone, and installation of buoys, markers, and signage
required by federal, state, and county agencies to delineate the zone. The item was sponsored
by Mayor Steven Meiner and co- sponsored by Commissioner Laura Dominguez.
On March 18, 2026, the City Commission approved the subject ordinance at First Reading and
Commissioner Matteo-Salinas was added as a co-sponsor.
ANALYSIS
Flagler Monument Island (also known as Monument Island) is an uninhabited, man-made island
located in Biscayne Bay, constructed in the 1920s as part of the development of Miami Beach. It
is a popular recreational destination for boaters and swimmers, accessible only by watercraft.
Over the past decade, the island has experienced increasing press�res from: high vessel traffic,
including motorized boats anchoring close to shore, safety conflicts between swimmers, paddlers,
and motorized vessels, environmental degradation, including shoreline erosion and vegetation
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impacts, and crowding and unmanaged recreation, especially during weekends and holidays. In
response to these concerns, the City and resident advisory boards have repeatedly evaluated
options to improve safety and environmental protection including obtaining State approval for a
no wake/slow speed zone around the island, resident boards recommending the establishment
establishing a non-motorized boating zone with natural resources restoration around the island,
and the City Commission adopting a resolution prioritizing funding for a Monument Island
restoration project, including riprap shoreline protection and regulatory approvals for a motorized
vessel exclusion zone. These actions reflect a long-standing recognition that unmanaged vessel
activity poses safety and environmental risks that require a coordinated regulatory solution.
As a result of the location of Monument Island within the Biscayne Bay Aquatic Preserve, robust
environmental review is required. The project requires approvals from multiple agencies,
including but not limited to: United States Army Corps of Engineers (USACE), Florida Department
of Environmental Protection (FDEP) (including Biscayne Bay Aquatic Preserve staff), Florida Fish
and Wildlife Conservation Commission (FWC) and Miami Dade County Department of Regulatory
and Economic Resources (RER).
Since the issuance of the design and permitting Purchase Order to the consultant, Moffatt 8�
Nichol, on September 5, 2024, many crucial design and permitting elements have been completed
including topographic/hydrographic surveys, environmental assessments (such as seagrass
surveys required to be conducted in the recognized regional growing season of June through
September), conceptual design, and the preparation of permit applications. Permit applications
were submitted in August 2025, and key comments have now been received to determine what
is considered permittable.
In order to achieve a non-motorized vessel zone as directed in the initial Resolution, staff and the
consultant explored available options. Pursuant to FDEP a swim-only zone would qualify for a
letter of consent due to the City being the applicant, while a motorized vessel exclusion zone
would require a submerged lands lease. In further discussions with FDEP, the agency staff
indicated the State is not currently issuing new leases within the Biscayne Bay Aquatic Preserve,
thereby negating the option of a motorized vessel exclusion zone. In parallel, the draft City
Ordinance establishing a swim-only zone was provided to FWC (the first authority in establishing
waterway markers and zones) to ensure they would be amenable to FDEP's preferred zonation.
FWC indicated the swim-only zone Ordinance as proposed was appropriate and approvable.
Therefore, based on agency feedback and the City's project objectives, the following next steps
are recommended by the Administration: proceed with a swim-only zone instead of a motorized
vessel exclusion zone given the regulatory challenges and the more favorable feedback toward
a swim only zone. This approach remains consistent with the Commission's intent to improve
safety and environmental protection while increasing the likelihood of regulatory approval. As a
result, the design and permitting materials will be revised and resubmitted to update engineering
drawings to reflect the swim only zone boundaries and marker locations. Furthermore, FWC
requires that local boating safety zones be supported by a municipal ordinance. Therefore, the
Administration has prepared an ordinance establishing the swim only zone, and upon approval,
the ordinance will be transmitted to FWC for final authorization.
The Monument Island project continues to advance through the complex regulatory process
envisioned by Resolution No. 2023-32570. While agency feedback has necessitated a shift from
a motorized vessel exclusion zone to a swim only zone, this approach remains aligned with the
City's goals of improving safety, protecting the environment, and enhancing the visitor experience
at Monument Island.
FISCAL IMPACT STATEMENT
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In accordance with Section 166.041(4), Fiorida Statutes, the City of Miami Beach is required to
assess whether a Business Impact Estimate is required for the subject ordinance. A Business
Impact Estimate shall be provided for Second Reading.
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 4/6/2026
See BIE at: https://www.miamibeachfl.qovlcity-hall/city-clerk/meetinq-notices/
FINANCIAL INFORMATION
CONCLUSION
The Administration recommends the Mayor and City Commission approve the subject ordinance
at Second Reading public hearing on April 22, 2026. The objective of the ordinance amendment
is to improve safety, contribute to environmental restoration of the island and Biscayne Bay, and
enhance the passive visitor and neighboring community experience at Monument Island.
Applicable Area
South Beach
Is this a "Residents Riqht to Know" item, Is this item related to a G.O. Bond
pursuant to Citv Code Section 2-17? Proiect?
Yes No
Was this Aqenda Item initially requested bv a lobbvist which, as defined in Code Sec. 2-481,
includes a principal enqaqed in IobbYinq? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Environment and Sustainability
Sponsor(s)
Mayor Steven Meiner
Co-sponsor(s)
Commissioner Monica Matteo-Salinas
Condensed Title
10:45 a.m. 2nd Rdg, Designated Public Swim Area. (Meiner/Matteo-Salinas) EN
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Previous Action (For Citv Clerk Use Onlv)
First Reading Public Hearing on 3/18/2026 - R5 V
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RESOLUTION NO. 2023-32570
A RESOLUTION OF THE AAAYOR AND COMMfSSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE
COIWMITTEE, AND PRIORIT121NG FUNDING FOR A MONUMENT
ISLAND RESTORATION PROJECT (THE "PROJECT"j AS PART OF
THE FY 2024 CAPITAL BUDGET, WHICH PROJECT WOULD INCLUDE
DESIGN AND INSTALLATION OF A RIPRAP REVETMENT AND
RELATED SIGNAGE AND OTHER PROJECT SCOPE REQUIRED TO
OBTAIN FEDERAL, STATE AND COUNTY APPROVAL FOR CREATION
OF A MOTORIZED VESSEL EXCLUSION ZONE SURROUNDING
MONUMENT ISLAND, TO EXCLUSIVELY ALLOW FOR PASSIVE USES
WITHIN THE NON-MOTORIZED VESSEL AND SWIM ONLY AREA;
FURTHER, DIRECTING THE CITY ADMINISTRATION TO COAAMENCE
THE COMPLEX REGULATORY APPROVAL PROCESS NECESSARY
FOR ESTABLISHMENT OF THE AAOTORIZED VESSEL EXCLUSION
ZONE AS EXPEDITIOUSLY AS POSSIBLE.
WHEREAS, on April 17, 2013, the Mayor and City Commission approved
Resolution No. 2013-28183 accepting a donation from The Prentice Foundation, in the
amount of $25,000, to be used for the restoration and conservancy of Monument Island
and the Flagler Memorial; and
WHEREAS, on November 1, 202'1, the Sustainability Committee motion was
transmitted by Letter to Commission recommending that the $25,0�0 allocated for the
enhancement and conservation of Flagter Monument Island be allocated to projects that
will stop motorized vessels from beaching on the island while enhancing the island's
ecological features; and
WHEREAS, on February 28, 2023, the Public Safety and Neighborhood Quality of
Life Committee unanimously agreed to move the project forward for prioritization in the
FY 2024 capita! budget process; and
WHEREAS, the cost of implementing all of the recommendations will exceed the
$25,000 donation and additional funding will be required, wherein such funds will be
utilized for, among other project-related expenditures, the development of a project scope
to include navigating the complex regulatory process of obtaining the necessary County,
State and Federal regulatory approvals.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Public Safety and Neighborhood
Quality of Life Committee, and prioritize funding for a Monument Island Restoration
Project(the "ProjecY') as part of the FY 2024 Capital Budget, which Project would include
design and installation of a riprap revetment and related signage and other project scope
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required to obtain Federal, State and County approval for creation of a motorized vessel
exclusion zone surrounding Monument Island, to exclusively allow for passive uses within
the non-motorized vessel and swim only area; further, directing the City Administration to
commence the complex regulatory approval process necessary for establishment of the
motorized vessel exclusion zone as expeditiously as possible.
PASSED AND ADOPTED this � day of April, 202
ATTEST:
Dan Gelber, Mayor
MAY 0 2 2Q2�
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Steven Meiner and co-sponsored by Commissioner
Laura Dominguez)
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� FORM & LANGUAGE
&�OR EXECUTION
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' Attomey Date
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� Resolutions -C7 F
MIANIIBEACH �
COMMISSION MEMORANDUM
TO: Honorable Mayor and AAembers of tf� City Commission
FROM: Alina T. Hudak, City Manager
DATE: Apnl 28, 2023
SUBJECT:A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION
� OF THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF
LIFE COMMITTEE, AND PRIORITIZING FUNDING FOR A
MONUMENT ISLAND RESTORATION PROJECT (THE "PROJECT") AS
PART OF THE FY 2024 CAPITAL BUDGET, WHICH PROJECT WOULD
INCLUDE DESIGN AND INSTALLATION OF A RiPRAP REVETMENT
AND RELATED SfGNAGE AND �THER PROJECT SCOPE REQUIRED
TO OBTAIN FEDERAL, STATE AND COUNTY APPROVAL FOR
CREATION OF A MOTORIZED VESSEL EXCLUSION ZONE
SURROUNDING MONUMENT ISLAND, TO EXCLUSIVELY ALLOW FOR
PASSIVE USES WITHIN THE NON-MOTORIZED VESSEL AND SWIM
ONLY AREA; FURTHER, DIRECTING THE CITY ADMINISTRATION TO
COMMENCE THE COMPLEX REGULATORY APPR�VAL PROCESS
NECESSARY FOR ESTABL{SHMENT (JF THE MOTORIZED VESSEL
EXCLUSION ZONE AS EXPEDITIOUSLYAS POSSIBLE.
RECOMMFND TION
The Administration recommends adopting the resolution.
BACKGROUNDIHtSTORY
On April 17, 2013, the Mayor and City Commission approved Resolution No. 2013-28183,
accepting a donation from The Prentice Foundation in the amount of$25,000.As outlined in the
Resolution, the funds were iMended for the restoration and conservar►cy of Monumerrt I sland
and the Flagler Memorial. However, the funding was not utilized.
On December 8, 2Q21, at the nequest of Commissioner Samuelian, tfie Mayor and Ci1y
Commission approved a referral (C4 Z)to the Land Use and Sustainability Committee (LUSC)
to discuss the use of the funds. At the March 4, 2022 LUSC meeting, the Administration
presented the options providir�g the Sustainability Committee's recommendation as previousiy
transmitted via LTC#474-2021. Subsequentiy an April 6, 2022, the Mayor and City Commission
discussed options for Monument lsland and referred (C4 C} the item to the Finance and
Economic Resiliency Committee. •
Page 264 of 991
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On November 16, 2022, Commissioner Meiner referred a discussion of the Marine and
Waterfrorit Protection Authority Board's recommendation that the City establish a non-motorized
Boat Zone in the waters immediately surrounding Monument Island to the Public Safety and
Neighbortzovd and Quality of Life Committee (PSNQLC). On February 28, 2023, a PSNQLC
mobon was passed in, support of a FY 2024 capital project for a rip-rap revetmerrt, a non-
motorized and swim only zone and restore the ecological funcdon of Morwment I sland to cr�eate
a passive use of the island.
ANALYSIS
The Administration has developed a conceptual scope for an estimated $910,000 FY 2024
Capital Budget reyuest to include design, permitting, and construction of ecological restoration,
riprap revetrnerrt, and non-motorized vesseVvessel exclusion zone markers surrounding
Monument Is{and. This passive use of Monument Isla� woufd encourage public access but in
a vray that vwuld neduce the trash � litte� left by some boa#ers. In addition, preverrting boats
from beachi� on the island w�ould help support the protection of remaining seagrasses and
encourage recruitrnerit of new seagrasses, essential for the ecosystem function of the Biscayne
Bay Aquatic Preserve.
SUPPORTING SURVEY DATA �
Accordi� to the 2022 Resident Survey, the cleanliness of canals/waterways is r�ecommended
as a High Priority for improvement, ranking as #2 in the Importance-Satisfaction Ratings of
Major Categories of City Services.
FINANGIAL INFORMATION _ .
n/a
� CONCLUSION
The Administration acknov+Aedges the recommencfation of the Public Safety and Neighbofiood
Quality of Life Committee mofion to prioritize this proposed FY 2024 capital project for a riprap
�evetmerit, a non-motorized and swim�nly zone to create a passive use of Monumerit I sland
and restore the ecological function. This, along with other Commission and Administration
enhancement priorities will be review�ed and decided through the FY 23-24 Budget process.
Aodicable Area '
Citywide
Is this a"Residents Riaht Deec thic itpm utili� C3..O.
tn Kn�pursuant to Bo�d Funds? �
Citv Coc� ection 2-147 �
Yes N�
Strateaic Connection
Environmer►t & Infrastructure - Wor1c regionally and nationally to protect Bisca�me Bay water
quality and to mair�tain a healthy d�e and beach system.
Legislative Tracking
Ermronmer�t and Sustair�ability
Page 265 of 991 �
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�9D�4L
Commissioner Meiner and Commissioner poming�z
QTTACHMENTS:
Description
❑ ' Referral Memo �
n Resolution
Page 266 of 991
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2/15l23, 120 PM Coversheet
Committee Assignments-C4 O
MIAMIBEACH
COMMISS{ON MEMORANDUM
TO: Hono�ab{e Mayor and Members of the City Commission
FROM: Commissioner Steven Meiner
DATE: November 16,2022
SUBJECT: REFERRAL TO THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE
TO CONSIDER THE MARINE AND WATERFRONT PROTECTION AUTHORITY
BOARD'S RECOMMENDATION THAT THE CITY ESTABLISH A NON-MOTORIZED BOAT ZONE
IN THE WATERS IMMEDIATEIY SURROUNDING MONUMENT ISLAND.
Plea�se piace on the November 16, 2022 agenda a referral to the Public Safery and Neighborhood Quality of Life Committee to
discuss the potential establishment of a"Non-Motorized Boating Zone"in the area suRounding Monument Is{and, as recommended
by the Marine and Waterfront Protection Authority last year.
In 2019, the Ciry obtained State approval to establish a no wake/slow speed zone in the area surrounding Monument Island.
However, the area continues to serve as a destination for boaters, illegal party boats, and jet skiers.
There are 2 pending referrals to the Committee rNating to Monument lsland that will be heard in the near future, including
a proposal to cfose Monument Is(and to the public altogether. It is my intent for this proposal to be considered along with the other
Monument Island propo5als, as f believe the Committee wauld benefit from a discussion of all of the potential altematives to
fmprove the situation in and around Monument Island.
As part of this referral, l would ask that the Administration and Ciry Attomey's Office be prepared to address the regulatory and
legal issues associated with creation of a"Non-Motorized Vessel Zone."
SUPPORTING gUHVEY DATA
N/A
FINANCIAL INFORMATION
N!A
�this a"Residents Ria�L2� Does thia item utili�.0.
Know"item,_oursuant to Bond Funds?
�jty Code Section 2-14?
Y� No
1 ggislative Trackina .
Commissioner Steven Meiner
Page 267 of 991
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