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2013-3796 Ordinance ORDINANCE NO. 2013-3796 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 66, ENTITLED "MARINE STRUCTURES, FACILITIES AND VEHICLES," BY AMENDING ARTICLE II, TO BE ENTITLED "RESTRICTED WAKE ZONES," TO CREATE REGULATIONS FOR RESTRICTED WAKE ZONES; PROVIDING FOR A PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR RESTRICTED AREAS; PROVIDING FOR POSTING OF REGULATORY MARKERS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach, Florida is authorized to regulate vessel operations, including the speed and wake of vessels, under Sections 327.46 and 327.60 of the Florida Statutes; and WHEREAS, the City Commission has determined that the unregulated operation of vessels on the waterways in the City of Miami Beach constitutes a potential hazard to the safety and welfare of the citizens of City of Miami Beach; and WHEREAS, vessels used as a means of transportation on water have been declared to be dangerous instrumentalities in the State of Florida pursuant to Section 327.32, Florida Statutes; and WHEREAS, boating restricted areas are necessary to avoid safety hazards to persons, property, and marine life resulting from vessels traveling at excessive speeds; and WHEREAS, the amendments set forth below are necessary to accomplish the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows: SECTION 1. That Article II of Chapter 66 of the Miami Beach City Code is hereby amended to provide for restricted wake zones as follows: CHAPTER 66 MARINE STRUCTURES, FACILITIES AND VEHICLES Article II. Reserved Restricted Wake Zones. Sec. 66-41. °,�seFvea Purpose. The purpose of this ordinance is to provide regulations for the safe operation of motorboats and other vessels in or upon the waters within the jurisdiction of the City of Miami Beach consistent with Chapters 125 and 327, Florida Statutes, and Chapters 68D-21 and/or 68D-23, Florida Administrative Code, and as such Chapters and Codes shall be amended from time to time. Sec. 66-42. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Article, except where the context clearly indicates a different meaning. "Boating-restricted Area" means an area of the waters of the state within which the operation of vessels is subject to specified restrictions or from which vessels are excluded. "Idle Speed" and "Idle Speed, No Wake" indicates a boating restricted area which has been established to protect the safety of the public. The terms may be used interchangeably and mean that a vessel must proceed at a speed no greater than that which will maintain steerageway and headway. At no time is any vessel required to proceed so slowly that the operator is unable to maintain control over the vessel or any other vessel or object that it has undertow. "Idle Speed, No Wake Zone" means an area of a waterway in which a vessel cannot proceed at a speed greater than that specified by the Idle Speed No Wake definition. "No wake" means that vessel speed which is the minimum required to maintain headway and does not produce a wake. "Regulatory marker" means a device used to alert the mariner to various regulatory matters such as homepowff, speed, wake, or entry restrictions in conformity with the Uniform State Waterway Marking System and the United States Aids to Navigation System, Part 62 of Title 33 of the Code of Federal Regulations. "Slow Speed" and "Slow Speed, Minimum Wake" indicates a boating restricted area which has been established to protect the safety of the public. The terms may be used interchangeably and mean that a vessel must be fully off plane and completely settled into the water. The vessel must then proceed at a speed which is reasonable and prudent under the prevailing circumstances so as to avoid the creation of an excessive wake or other hazardous conditions which endanger or are likely to endanger other vessels or other persons using the waterway. At no time is any vessel required to proceed so slowly that the operator is unable to maintain control over the vessel or any other vessel or object that it has under tow. "Slow Speed, Minimum Wake Zone" means an area of a waterway in which a vessel cannot proceed at a speed greater than that specified by the Slow Speed Minimum Wake definition. "Speed Zone" means any area lawfully posted as a slow speed minimum wake area or idle speed no wake area. 2 "Vessel" is synonymous with boat as referenced in s. 1(b), Art. VII of the State Constitution and includes every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water. "Vessel wake" means the movement of waves created by the motion of the vessel. It is the track or path that the vessel leaves behind. Vessel operators shall be responsible for their own wake and liable for any damage it may cause. "Wake" means when used in conjunction with a numerical size limit all changes in the vertical height of the water's surface caused by the passage of a vessel including, but not limited to, a vessel's bow wave, stern wake, and propeller wash, measured from the ambient tide level to the crest of the vessel's wake at a distance of not less than 25 feet from the vessel. Section 66-43. Restricted Areas. A. The areas of enforcement of the provisions of this Ordinance 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 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 Section 327.46, Florida Statutes. B. Idle Speed, No Wake Zzones shall be established at the following locations: 1T VVi+hin a 500 foo+ Fadiw i aFG Rd the fuel Pump within the Miami Beach MaFin IGGated at 300 Alton Read, M*aFR; BeaGh, Fl- 2)1) Within a 500 foot radius of the public access boat ramp within the Maurice Gibb Memorial Park. See Area A on Appendix. 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. C. A Slow Speed, Minimum Wake Zzones shall be established: Within a 300 foot Fad* is of the south sude of the hrmdge Gorman+inn Rollo Isle yoth 2-) That portion of Biscayne Bay which lies west of the Sunset Harbor area of Miami Beach, north of the eastern portion of the Venetian Causeway and east of the mid-point of Belle Isle, and extendin„ se th from the appFexwmate non+or of Sunset lc and lv and east of Rf„o nl+„ lsl�nrl excluding the shoal area north of 49u! e by Markers 3,4-,--c a 5, and bounded to the north by-a the imaginary line which is 3 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. Section 66-44. Posting of Regulatory Markers. Implementation of the boating restricted areas is contingent upon receiving all applicable state and/or federal authorizations to insure compliance with Chapter 68D-23, Florida Administrative Code and to assist in navigation consistent with the United States Aids to Navigation System. Regulatory markers shall be installed and maintained to alert boaters to the existence and boundaries of the boating restricted areas established herein. All regulatory markers shall comply with the standards and regulations provided by state law, specified in Chapters 68D- 23.108 and 68D-23.109, Florida Administrative Code. No person shall be charged with a violation of this ordinance prior to the posting of regulatory markers as required by this Section. All areas designated as "boating restricted areas" shall be so posted with regulatory markers that are in accordance with the provisions of the Florida Fish & Wildlife Conservation Commission's Uniform Waterway Marking System. Section 66-45. Exemptions. The restrictions created by this Ordinance shall not apply to vessels of any federal, state, county or municipal agency while operated by an officer, employee or agent thereof who is engaged in law enforcement or other necessary municipal or governmental activity. Section 66-46. Enforcement and penalties. The provisions of this section may be enforced by the Miami Beach Police Department, the Division of Law Enforcement of the Florida Fish and Wildlife Conservation Commission and its officers, and any other authorized law enforcement officer as defined in Section 943.10, Florida Statutes and in accordance with Section 327.70, Florida Statutes. Pursuant to Section 327.73, Florida Statutes, any person cited for a violation of any provision of this Ordinance shall be deemed to be charged with a noncriminal infraction, shall be cited for such an infraction, and shall be cited to appear before the county court. The civil penalty for any such infraction is $50, except as otherwise provided by statute. SECTION 2. SEVERABILITY. If any section, sentence, clause, or word of this section is for any reason declared to be unenforceable or unconstitutional by a court of competent jurisdiction, the remaining portions shall not be affected. 4 SECTION 3. REPEALER. Any ordinance, or part thereof, and/or any resolution, or part thereof, which is in conflict with this Ordinance, is hereby repealed to the extent of such conflict. 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 part of the Code of the City of Miami Beach, Florida, as amended. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word 'ordinance" may be changed to "section" or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the 27th day of April , 2013, and upon posting of the regulatory markers permitted in accordance with Sections 327.40 and 327.41, Florida Statutes and the provisions in Chapter 68D-23, Florida Administrative Code. PASSED and ADOPTED this 17th day of April 2013. ATTEST: i g TI RR RA TOWER OR RAFAEL E. GRANADO, CITY CLE K =,NCORP ORATED: APPROVED AS TO (Sponsored by Commissioner Jorge FORM & LANGUAGE 26 &FO EC ION Underline denotes additions 3 L4 (3 Stroke thrGuo denotes deletions CITY ATTOfMEYw DATE FAATTO\TURN\ORDINANC\No Wake Zones-2012.docx 5 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 66, Entitled "Marine Structures, Facilities And Vehicles," By Amending Article Ii, To Be Entitled "Restricted Wake Zones," To Create Regulations For Restricted Wake Zones; Providing For A Purpose; Providing For Definitions; Providing For Restricted Areas; Providing For Posting Of Regulatory Markers; Providing For Exemptions; Providing For Enforcement And Penalties; Providing For Repealer, Severability, Codification, And An Effective Date. Key Intended Outcome Supported: Increase community satisfaction with City government Enhance the environmental sustainability of the community. Supporting Data (Surveys, Environmental Scan,etc.): N/A Item Summa /Recommendation: The proposed ordinance would provide regulations for the safe operation of motorboats and other vessels in or upon waters within the jurisdiction of the City of Miami Beach. The City has the authority to create such an ordinance based on Section 327.46, Florida Statutes (F.S.) which went into effect October 1, 2009. Section 327.46, F.S. encourages local governments to establish boating restricted areas where needed. This item was presented to the City Commission at their regularly scheduled December 12, 2012 meeting. During discussion of the proposed Ordinance, Commissioner Wolfson expressed a concern with larger"No Wake Zones"and the item was subsequently referred to the Land Use and Development Committee. The Land Use and Development Committee met on February 13, 2013 and discussed this item. The Committee recommended the Ordinance, with the minor modifications presented to the Committee at its meeting. In summary, the northern bound of the proposed slow speed and idle speed no wake zones west of the Sunset Harbor Marina have been reduced. Previously, the proposed zones extended 300 feet north of the northern bound of the Sunset Harbor Marina.The northern bound of the currently proposed slow speed minimum wake zone is a westward extension of the northern bound of the Sunset Harbor Marina.The northern bound of the idle speed no wake zone has been reduced by 150 feet- so that the 300 foot radius of the idle speed zone has been cropped at 150 feet north of the Sunset Harbor Marina. Please see the attached map. The proposed Ordinance still protects the waters surrounding the public access boat ramp within the Maurice Gibb Memorial Park and the blind corner created by the Sunset Harbor Marina with idle speed no wake zones. The remaining proposed idle no wake speed zones are necessary to protect waterway users from large wakes thrown by passing vessels. This is especially true given the types of waterway uses in this area, which include stand-up paddle boards, kayaks, and other small watercraft. Advisory Board Recommendation: On September 24, 2012, the Neighborhoods Committee held a discussion relative to this ordinance and unanimously voted to transmit the proposed ordinance to the City Commission with a favorable recommendation. On October 9,2012, the Marine Authority held a discussion relative to this ordinance and unanimously voted to transmit the proposed ordinance to the City Commission with a favorable recommendation Financial Information: Source of Funds: Amount Account Approved 1 0 2 OBPI Total Financial Impact Summary: The proposed Ordinance should not have a significant fiscal impact upon the City,as this Ordinance would only require installation of"idle speed no wake"(no wake)and"slow speed minimum wake"(slow speed) signs. Considering that the Marine Patrol station is adjacent to the area there is no increase in enforcement costs. City Clerk's Office Legislative Tracking: Debbie Turner Sign-Offs: City Attorney ist t City Manager I City Oanager l T:\AGENDA\20MApril 17\No Wake Zone.Summ.doc AGENDA ITEM 9 5 &AIAMIBEACH ITEM DATE ' 7' ® MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Honorable Mayor Matti Herrera Bower nd Mem rs of the City Commission FROM: Jimmy L. Morales, City Manager DATE: April 17, 2013 SE OND EADING AND PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR A CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 66, ENTITLED "MARINE STRUCTURES, FACILITIES AND VEHICLES," BY AMENDING ARTICLE II, TO BE ENTITLED "RESTRICTED WAKE ZONES,"TO CREATE REGULATIONS FOR RESTRICTED WAKE ZONES; PROVIDING FOR A PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR RESTRICTED AREAS; PROVIDING FOR POSTING OF REGULATORY MARKERS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Increase community satisfaction with City government Enhance the environmental sustainability of the community. BACKGROUND The proposed Ordinance would provide regulations for the safe operation of motorboats and other vessels in or upon waters within the jurisdiction of the City of Miami Beach.The City has the authority to create such an ordinance based on Section 327.46, Florida Statutes (F.S.) which went into effect October 1, 2009. Section 327.46, F.S. authorizes local governments to establish boating restricted areas where needed. The statute does, however, place specific limitations on where and for what purposes boating restricted areas can be established. The statute identifies zones that be established with state review, zones that can be established without state review, as well as areas which can be designated for the purpose of public safety. The Florida Fish and Wildlife Conservation Commission (FWC) is the agency responsible for conducting the aforementioned state review. CITY COMMISSION MEETING — DECEMBER 12, 2012 This item was presented to the City Commission at their regularly scheduled December 12, 2012 meeting. During discussion of the proposed Ordinance, Commissioner Wolfson expressed a concern with larger "No Wake Zones" and the item was subsequently referred to the Land Use and Development Committee. No Wake Zone/Slow Speed Zone Second Reading and Public Hearing City Commission Meeting April 17, 2013 Page 2 of 2 COMMITTEE REVIEW On September 24, 2012, the Neighborhoods Committee held a discussion relative to this Ordinance and unanimously voted to transmit the proposed Ordinance to the City Commission with a favorable recommendation. On October 9, 2012,the Marine Authority held a discussion relative to this Ordinance and unanimously voted to transmit the proposed Ordinance to the City Commission with a favorable recommendation. The Land Use and Development Committee met on February 13, 2013 and discussed this item. The Committee recommended the Ordinance,with the minor modifications presented to the Committee at its meeting. PROPOSED ORDINANCE In summary,the northern bound of the proposed slow speed and idle speed no wake zones west of the Sunset Harbor Marina have been reduced. Previously,the proposed zones extended 300 feet north of the northern bound of the Sunset Harbor Marina. The northern bound of the currently proposed slow speed minimum wake zone is a westward extension of the northern bound of the Sunset Harbor Marina. The northern bound of the idle speed no wake zone has been reduced by 150 feet-so that the 300 foot radius of the idle speed zone has been cropped at 150 feet north of the Sunset Harbor Marina. Please see the attached map. The proposed Ordinance still protects the waters surrounding the public access boat ramp within the Maurice Gibb Memorial Park and the blind corner created by the Sunset Harbor Marina with idle speed no wake zones. The remaining proposed idle no wake speed zones are necessary to protect waterway users from large wakes thrown by passing vessels. This is especially true given the types of waterway uses in this area, which include stand-up paddle boards, kayaks, and other small watercraft. On March 13, 2013,the City Commission passed the Ordinance on first reading and the Administration is presenting the item for consideration on second reading. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact(at least 5 years)of proposed legislative actions,"this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance should not have a significant fiscal impact upon the City,as this Ordinance would only require installation of "idle speed no wake" (no wake) and "slow speed minimum wake"(slow speed)signs. Considering that the Marine Patrol station is adjacent to the area, there is no increase in enforcement costs. CONCLUSION The waters surrounding the City of Miami Beach are one of the City's greatest sources of enjoyment. The proposed restricted wake zone ordinance presents a proactive tool for increasing the safe enjoyment of this City resource. The City should certainly make use of every avenue possible for increasing quality of life for residents and minimizing risks to safety. Further, this type of ordinance is specifically authorized by Section 327.46, F.S. for boating safety reasons. The Administration recommends approval of the Ordinance on second reading. JLM\MAS T:WGENDA\2013\April 17Wo Wake Zone.MEM.doc • i i 1 o ✓ u -I k r x 3 IL a i ' p ��� `i iii« .Ak� ��7 1! A. „�ad, 1..c ,� `S��J :.�- �1.'� w�`! � � ♦., THE MIAMI HERALD I MiamiHerald.com NE THURSDAY,MARCH 28,2013 1 19NE MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that a public hearing will be held by the Mayor and City Commission of the City of Miami Beach,Florida,in the Commission Chambers,3"floor,City Hall,1700 Convention Center Drive,Miami Beach,Florida,on Wednesday,April 17,2D13,at 11:00 am. to consider an Ordinance Amending The Code Of The City Of Miami Beach,By Amending Chapter 66,Entitled"Marine Structures,Facilities And Vehicles,"By Amending Article II,To Be Entitled"Restricted Wake Zones,"To Create Regulations For Restricted Wake Zones;Providing For A Purpose;Providing For Definitions;Providing For Restricted Areas;Providing For Posting Of Regulatory Markers;Providing For Exemptions; Providing For EnfomementAnd Penalties;Providing For Repealer,Severability,Codification,And An Effective Date. Inquiries may be directed to the City Manager's Office at(305)673-7010. INTERESTED PARTIES are invited to appear at this meeting,or be represented by an agent,or to express their views in writing addressed to the City Commission,c/o the City Clerk,1700 Convention Center Drive,1°Floor,City Hall,Miami Beach,Florida 33139.A copy of this item is available for public inspection during normal business hours in the City Clerk's Office,1700 Convention Center Drive,1°Floor,City Hall, Miami Beach,Florida 33139.This meeting may be continued,and under such circumstances additional legal notice will not be provided. Rafael E.Granado,City Clerk City of Miami Beach Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that,if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing,such person must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format,sign language interpreters,information on access for persons with disabilities,and/or any accommodation to review any document or participate in any City-sponsored proceeding,please contact us five days in advance at (305)673-7411(voice)or TTY users may also call the Florida Relay Service at 711. Ad M 769 ia�i Kerala MiamiHeraldxom PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF MIAMI-DADE Before the undersigned authority personally appeared: IBIS VIERA Who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald,a daily newspaper published at Miami in Miami-Dade County,Florida;that the attached copy of advertisement was published in said newspaper in the issues of: March 28,2013 Affiant further says that the said The Miami Herald is a newspaper published at Miami,in the said Miami-Dade County,Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County,Florida each day and has been entered as second class mail matter at the post office in Miami,in said Miami-Dade County,Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,firm or.corporation any discount, rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspapers(s). Sworn to and subscribed before me this 28th day of March,2013 My Commission Expires: August 1,2014 Silvia Sendra Notary SILVIASENDRA r.` MY COMMISSION§DD 977782 • ;; EXPIRES;August 1.2014 ' Borded Thru Notary Public Urdervrntcrs THE MIAMI HERALD I MiamiHerald.com NE THURSDAY.APRIL 4,2013 1 17NE MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that a public hearing will be held by the Mayor and City Commission of the City of Miami Beach,Florida,in the Commission Chambers,3"floor,City Hall,1700 Convention Center Drive,Miami Beach,Florida,on Wednesday,April 17,2013,at 11:00 a.m. to consider an Ordinance Amending The Code Of The City Of Miami Beach,By Amending Chapter 66,Entitled"Marine Structures,Facilities And Vehicles,"By Amending Article II,To Be Entitled"Restricted Wake Zones,"To Create Regulations For Restricted Wake Zones;Providing For A Purpose;Providing For Definitions;Providing For Restricted Areas;Providing For Posting Of Regulatory Markers;Providing For Exemptions; Providing For Enforcement And Penalties;Providing For Repealer,Severability,Codification,And An Effective Date. Inquiries may be directed tD the City Manager's Office at(305)673.7010. INTERESTED PARTIES are invited tit appear at this meeting,or be represented by an agent,or to express their views in writing addressed to the City Commission,do the City Clerk,1700 Convention Center Drive,10 Floor,City Hall,Miami Beach,Florida 33139.A copy of this item is available for public inspection during normal business hours in the City Clerk's Office,1700 Convention Center Drive,1e1 Floor,City Hall, Miami Beach,Florida 33139.This meeting may be continued,and under such circumstances additional legal notice will not be provided. Rafael E.Granado,City Clerk City of Miami Beach Pursuant to Section 286.0105,Fla.Stat,the City hereby advises the public that:if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing,such person must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format,sign language interpreters,information on access for persons with disabilities,and/or any accommodation to review any document or participate in any City-sponsored proceeding,please contact us five days in advance at (305)673-7411(voice)or TTY users may also call the Florida Relay Service at 711. Ad#769 iai�erala MiamiHeraldxom PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF MIAMI-DADE Before the undersigned authority personally appeared: JEANNETTE MARTINEZ Who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald,a daily newspaper published at Miami in Miami-Dade County,Florida;that the attached copy of advertisement was published in said newspaper in the issues of: April 4,2013 Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Miami-Dade County,Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County,Florida each day and has � ry been entered as second class mail matter at the post 9 office in Miami, in said Miami-Dade County,Florida, -< r IEJ for a period of one year next preceding the first —'i publication of the attached copy of advertisement; ; and affiant further says that he has neither paid nor promised any person,firm or corporation any discount, J`; - rebate,commission or refund for the purpose of - • securi this advertisement for publication in the said T. news a ers(s). CZ) Sw to and subscribed before me this 4`s day of April,2013 My Commission Expires: April 20,2013 O1 rfinda E Arrieta I � ' Notary ORFINDA E ARRIETA MY COMMISSION#DD941057 EXPIRES April 20,2013 d®� $�=015 NotaryOfAmericaxom