Ordinance 2024-4612 TORDINANCE NO. 2024-4612
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
2 OF THE MIAMI BEACH CITY CODE, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED
"AGENCIES, BOARDS AND COMMITTEES," BY AMENDING
DIVISION 21, ENTITLED "MARINE AND WATERFRONT
PROTECTION AUTHORITY," BY AMENDING SECTION 2-190.49
THEREOF, ENTITLED"POWERS AND DUTIES," BY CREATING
SUBSECTION (4) THEREOF, TO AUTHORIZE THE MARINE
AND WATERFRONT PROTECTION AUTHORITY TO MAKE
RECOMMENDATIONS TO THE CITY MANAGER AND THE CITY
COMMISSION REGARDING POTENTIAL SUSPENSION OR
REVOCATION OF BUSINESS TAX RECEIPTS FOR
COMMERCIAL CHARTER OPERATORS THAT ENGAGE IN
NUISANCE OR HABITUAL UNLAWFUL ACTIVITIES; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has established a Marine and Waterfront Protection
Authority ("MWPA") to make periodic reports and advisory non-binding recommendations to the
City Manager or the City Commission for the improvement of standards for the City in marine-
related matters to promote and maintain a safe clean and healthy marine environment to be
enjoyed by the City's residents and visitors; and
WHEREAS, the MWPA also is charged with' making recommendations regarding any
ongoing and future waterside activities including the permitting and policing of water-related and
beach concessions,water-oriented and marine-related special events, and marine and waterfront
environmental issues; and
WHEREAS, members of the MWPA are often most aware of commercial charter operators
engaging in conduct that is deleterious to the health, safety, and well-being of residents and
visitors to our City; and
WHEREAS, the Mayor and City Commission desire to amend Sec. 2-19'0.49 ("Powers
and duties"),which sets forth the duties of the MWPA,to add new subsection(4),which authorizes
the MWPA to make recommendations to the City Manager and the City Commission regarding
potential suspension or revocation of business tax receipts for commercial charter operators that
engage in nuisance or habitual unlawful activities.
ti
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAM BEACH, FLORIDA:
1
SECTION 1. That Section 2-190.49 of Division 21, Article Ill, of Chapter 2 of the City Code,
entitled " Powers and duties," is hereby amended to state as follows:
Chapter 2—ADMINISTRATION
ARTICLE III. -AGENCIES, BOARDS AND COMMITTEES
* *
DIVISION 21..- MARINE AND WATERFRONT PROTECTION AUTHORITY
* * *
Sec. 2-190.49. - Powers and duties.
•
The powers and duties of the authority are to:
(1) Make periodic reports and advisory non-binding recommendations to the city
manager or the city commission for the improvement of standards for the city in
marine-related matters to promote and maintain a safe clean and healthy marine
environment to be enjoyed by the city's residents and visitors. This shall include
working in cooperation with federal, state, and local agencies interested in marine
standards and clean and clear waterways; and to publicizing the importance of
adequate standards; and holding and conducting public hearings, discussions,
forums and institutes to arrange programs for the presentation of information by
experts in related fields.
(2) Foster and maintain a clean, litter-free marine environment by exploring the
availability of enforcement techniques, new ordinances, and the active promotion of
voluntary cleanups.
(3) Make recommendations regarding any ongoing and future waterside activities
including the permitting and policing of water-related and beach concessions, water-
oriented and marine-related special events, and marine and waterfront
environmental issues.
u Make recommendations to the city manager and the city commission regarding
potential suspension or revocation of business tax receipts for commercial charter
operators that engage in nuisance or habitual unlawful activities. The City Manager
shall respond to any recommendation made pursuant to this subsection within 30
days.
(4) The The investigation, development, and carrying out of plans for the preservation and
renourishment of the beaches in the city, including, but not limited to, erosion control.
(54 ) To foster and maintain a clean, safe, and litter-free beach environment by exploring
the availability of enforcement techniques, programs, or new legislation to
accomplish these goals.
(6)jf The encouragement of a desire in the citizenry and visitors to the city to maintain
and preserve the city's beaches.
2
(7)f) The recommendation of plans to the city manager, city commission, as well as to
other local, state, and federal governmental agencies, for the preservation and
nourishment of the city's beaches.
(g)n The authority's power of review and recommendation set forth hereinabove shall
apply as well to such matters concerning maintenance of city boardwalks,
beachwalks, cutwalk and baywalks.
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, subsection, clause, or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the City Commission, 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 as
amended;that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the day of a pr' , 2024.
PASSED AND ADOPTED this 3 day of Apr'' , 2024.
ATTEST:
Steven Meiner, Mayor
APR 0 8 2024
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
(Sponsored by Commissioner David Suarez) & EXECUTION
3 -s- z-4
City Attorney Date
3
Ordinances-R5 J
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: April 3, 2024
10:55 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI
BEACH CITY CODE, ENTITLED "ADMINISTRATION," BY AMENDING
ARTICLE III, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY
AMENDING DIVISION 21, ENTITLED "MARINE AND WATERFRONT
PROTECTION AUTHORITY," BYAMENDING SECTION 2-190.49 THEREOF,
ENTITLED "POWERS AND DUTIES," BY CREATING SUBSECTION (4)
THEREOF, TO AUTHORIZE THE MARINE AND WATERFRONT
PROTECTION AUTHORITY TO MAKE RECOMMENDATIONS TO THE CITY
MANAGER AND THE CITY COMMISSION REGARDING POTENTIAL
SUSPENSION OR REVOCATION OF BUSINESS TAX RECEIPTS FOR
COMMERCIAL CHARTER OPERATORS THAT ENGAGE IN NUISANCE OR
HABITUAL UNLAWFUL ACTIVITIES; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
BACKGROUND/HISTORY
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying?
No. If so, specify name of lobbyist(s)and principal(s): N/A
ANALYSIS
See attached Commission Memorandum.
The Business Impact Estimate (BIE)was published on March 21,2024.
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Is this a"Residents Right Does this item utilize G.O.
Page 673 of 1445
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner David Suarez
ATTACHMENTS:
Description
❑ Commission Memorandum
❑ Ordinance
Page 674 of 1445
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
FIRST READING
DATE: March 13, 2024
SUBJECT: AN ORDINANCE OF'THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH
CITY CODE, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III,
ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING
DIVISION 21, ENTITLED "MARINE AND WATERFRONT PROTECTION
AUTHORITY," BY AMENDING SECTION 2-190.49 THEREOF, ENTITLED
"POWERS AND DUTIES," BY CREATING SUBSECTION (4) THEREOF, TO
AUTHORIZE THE MARINE AND WATERFRONT PROTECTION AUTHORITY
TO MAKE RECOMMENDATIONS TO THE CITY MANAGER REGARDING
• POTENTIAL SUSPENSION OR REVOCATION OF BUSINESS TAX RECEIPTS
FOR COMIVIERCIALJCHARTER OPERATORS THAT ENGAGE IN NUISANCE
OR HABITUAL UNLAWFUL ACTIVITIES; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
At the request of the sponsor, Commissioner David Suarez, this proposed ordinance is
presented to the Mayor and City Commission for consideration on first reading.
The City of Miami Beach has established a Marine and Waterfront Protection Authority
("MWPA") to make periodic reports and advisory non-binding recommendations to the
City Manager or the City Commission for the improvement of standards for the City in
marine-related matters, to promote and maintain a safe clean and healthy marine
environment to be enjoyed by the City's residents and visitors.
The MWPA is also charged with making recommendations regarding any ongoing and
future waterside activities, including the permitting and policing of water-related and
beach concessions, water-oriented and marine-related special events, and marine and
waterfront environmental issues.
Members of the MWPA are,therefore, often most aware of commercial charter operators
engaging in conduct that is deleterious to the health, safety, and well-being of residents
and visitors to our City.
flatto\rosrf2-rfr cmb\2024-03-13-memo-1st rdg.-amending ch.2 creating subsection 4(suarez)ca(6)(rap).docx
Page 675 of 1445
Commission Memo
March 13, 2024
Page 2
On February 13, 2024, the MWPA recommended establishing a structured_approval
process granting-them the authority to evaluate and approve initial and renewal BTR
applications for charter boats based upon a review of any violations or complaints against
charter operations. See LTC 052-2024(attached).
Based upon Florida's statutory scheme relating to BTRs, MWPA review and approval of
initial BTR applications is not contemplated by the State of Florida's BTR process set forth
in Chapter 205 of the Florida Statutes. However, review by the MWPA of existing BTRs
and recommendations to the City Manager by the MWPA based upon the conduct of
existing BTR holders would be allowed under Florida's statutory process.
The proposed ordinance amends Sec. 2-190.49 ("Powers and duties"), which sets forth
the duties of the MWPA, to add new subsection(4), which authorizes the MWPA to make
recommendations to the City Manager regarding potential suspension or revocation of
business tax receipts for commercial charter operators that engage in nuisance or
habitual unlawful activities.
RAP/RFR/mmm
2
Page 676 of 1445
MIAMI BE
City of Miami Beach, 1700 Convention Center Drive,Miami Beach.FL 33139,www.miamibeachfl.gov
No:LTc# — LETTER TO--COMMISSION
052-2024
TO: Honorable Mayor Steven Mein&Members of the City Commission
FROM: Rafael E. Granado, City Clerk
REG1$ BARBOU
DATE: Fe ruary 13, 2 24
SUBJECT:Marine and Waterfront Protection Authority(MWPA) Motions
The purpose of this Letter to Commission is to provide the memo from the Marine and Waterfront Protection
Authority(MWPA) Board meeting that occurred on February 13, 2024.
Page 677 of 1445
I -
DocuSign Envelope ID:ED84F512-D884-437E-6934-9A00F7391067
MIAMI BEACH
MARINE AND WATERFRONT PROTECTION AUTHORITY BOARD
TO: Honorable Mayor Steven Meiner and Members of the City Commission
FROM: Marine and Waterfront Protection Authority Board
•
DATE: February 13,2024
SUBJECT: Enhancing Charter Boat BTR Approval and Renewal Procedures
The purpose of this memo is to advise the Mayor and Members of the City Commission that the
Marine Waterfront Protection Authority(MWPA)has identified critical gaps in the current
Business Tax Receipt(BTR)approval and renewal process for charter boats within our
jurisdiction.Our advisory role lacks the authority to deny BTR applications,even for operators
with histories of citations,complaints,or violations.This limitation hampers our commitment to
upholding maritime conduct and environmental stewardship standards.
In response,the MWPA unanimously recommends establishing a structured approval process
granting us the authority to evaluate and approve initial BTR applications for charter boats.We
also propose implementing a renewal process that mandates a review of any violations or
complaints against charter operations.This approach ensures that renewals are contingent on a
satisfactory compliance record,with the MWPA having the final say on renewals for those with
significant non-compliance issues.
Additionally, we suggest requiring charter boats to report any operational changes during their
BTR renewal application,promoting transparency and adherence to regulations.
We request that the City Commission direct the City administration to assess these
recommendations and develop a framework that enables the MWPA to effectively oversee
charter boat operations. By formalizing these procedures,we aim to better safeguard our
waterways and ensure that charter boats meet our city's esteemed standards.
The MWPA sincerely thanks you for your consideration.
Respectfully,
,-oecus4Oned by:
VOA, VeitaVe
baiiMinfbr
MWPA Vice Chair
2/13/2024 112:48 PM PST
•
Page 678 of 1445