2009-27232 ResoRESOLUTION NO. 2009-27232
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA URGING THE
FLORIDA LEGISLATURE TO STRENGTHEN VESSEL
SAFETY REGULATIONS WITH REGARD TO PERSONAL
FLOTATION DEVICE REQUIREMENTS FOR CHILDREN TO
CONFORM WITH FEDERAL REGULATIONS THAT ARE
STRICTER WITH REGARD TO CHILD AGE REQUIREMENTS
AND VESSEL LENGTH.
WHEREAS, Section 327.50 of the Florida Statutes requires that persons under six (6)
years of age on any vessel less than 26 feet in length must wear a personal flotation device
{"PFD") while such vessel is underway; and
WHEREAS. pursuant to Section 175.15(c) of Title 33 of the Code of Federal
Regulations, children under thirteen (13) years of age must either (i) wear an appropriate
personal flotation device approved by the Coast Guard, or (ii) be below deck or in an enclosed
cabin while a recreational vessel of any length is underway; and
WHEREAS, Section 175.5 of Title 33 of the Code of Federal Regulations provides that
"States are exempted from preemption by Federal regulations when establishing, continuing in
effect, or enforcing State laws and regulations on the wearing or the carriage of personal
flotation devices directly related to the following subject areas within the jurisdictional
boundaries of the State: (a) Children on board any vessel...."; and
WHEREAS. pursuant to Section 175.25 of Title 33 of the Code of Federal Regulations: if
a "State statute establishes any requirement for children of a certain age to wear an appropriate
PFD approved by the Coast Guard, then that requirement applies on the waters subject to the
State's jurisdiction instead of the requirement provided in §175.15(c) of this part"; and
WHEREAS. due to the provisions of Sections 175.25 and 175.5 of the Code of Federal
Regulations, the State of Florida. and not Federal: regulations regarding personal flotation
devices for children on board vessels apply when a vessel is within the jurisdictional waters of
the State of Florida; and
WHEREAS, in the interest of the health, safety, and welfare of children that are on board
vessels within the jurisdictional waters of the State of Florida: State boating regulations should
require a higher standard with regard to personal flotation devices: and
WHEREAS, the Mayor and City Commission of the City of Miami Beach are in favor of
the Florida Legislature adopting State regulations to conform to those Federal regulations
regarding personal flotation devices for children that are more strict by virtue of applying to
children of older age groups and to expand the application of such State regulations to all
vessels, regardless of length.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Florida Legislature is
hereby urged to adopt State standards with regard to personal flotation device regulations for
children that conform to the Federal regulations with regard to child age requirements and
vessel length.
PASSED AND ADOPTED this 14th day of October , 2009.
ATTEST:
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~1 //,,d Mat i Herrera B wer'
~~`k ~~,~~~ . ~1.~~ ~L~-~ ~ Mayor
Robert Parcher
City Clerk
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OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR MATTI HERRERA BOWER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JORGE M. GO
FROM: CITY ATTORNEY JOSE SMITH /z~:
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DATE: OCTOBER 14, 2009
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SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA URGING THE FLORIDA
LEGISLATURE TO STRENGTHEN VESSEL SAFETY
REGULATIONS WITH REGARD TO PERSONAL FLOTATION
DEVICE REQUIREMENTS FOR CHILDREN TO CONFORM WITH
FEDERAL REGULATIONS THATARE STRICTER WITH REGARD
TO CHILD AGE REQUIREMENTS AND VESSEL LENGTH.
Pursuant to the request of Commissioner Jonah Wolfson, the attached Resolution is submitted for
consideration by the Mayor and City Commission.
RegWalions for Chifdren.tloc
Agenda Item G7/~1
Date /0-/S/-O j