CAO 99-24 CITY OF MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
:FO: - - Lawrence Levy C.M.O. No. 1-9/99
City Manager
C.A.O. No. 99-24
FROM:
Murray H. Dubbin
City Attorney
DATE: June 22, 2000
Purdy Boat Ramp
The imposition of higher fees for boat ramp usage by non-residents may be justified under
certain circumstances. See County Board of Arlington Counkv. Virginia v. Richards, 434 U.S. 5
(1977); City ofMaitland v. Orlando Bassmasters Assoc. of Orlando. Florida. Inc., 431 So. 2d 178
(Fla. 5th DCA 1983); Fla. AGO 87-58; Fla. AGO 76-124. The differential treatment of residents
versus non-residents will be judged under a rational basis test; does the distinction rationally promote
city interests.
In order for me to properly assess whether the distinction is justified you must identify the..
governmental interest you are trying to promote and provide a detailed record as to how the
difference in fees between residents and non-residents furthers those interests. Upon receipt of the
foregoing information, I will opine on the propriety ofthe,difference in resident versus non-resident
fees.
MD:SS/ym
cc: Richard Barreto, Chief of Police