Resolution 2021-31945RESOLUTION NO. 2021-31945
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA
LEGISLATURE TO ENACT SENATE BILL 606, AND ITS
RELATED BILL, HOUSE BILL 493, BOTH ENTITLED "THE
BOATING SAFETY ACT OF 20221" OR OTHER SIMILAR
LEGISLATION THAT REGULATES VESSEL LIVERIES AND
PROMOTES BOATING SAFETY; AND DIRECTING THE CITY
CLERK TO SEND A COPY OF THIS RESOLUTION TO THE
PRESIDENT OF THE FLORIDA SENATE, THE SPEAKER OF
THE FLORIDA HOUSE OF REPRESENTATIVES, AND
MEMBERS OF THE MIAMI-DADE STATE LEGISLATIVE
DELEGATION.
WHEREAS, the City of Miami Beach 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, numerous water activities, including parasailing, powerboating, and jet -
skiing are popular waterborne activities, which are enjoyed by both residents of Miami -Dade
County and tourists;
WHEREAS, in the last year, Miami -Dade County has seen a surge in recreational
vessel activity on County waters; and
WHEREAS, while this increase in activity supports the City's economy, the City
nevertheless must ensure that vessel operators and vessel rental businesses are conducting
their activities lawfully and in a manner protective of human health, safety, and the
environment; and
WHEREAS, however, many vessel operators and vessel rental businesses have not
been complying with local, state, and federal laws pertaining to vessel safety and business
regulations; and
WHEREAS, the increase in vessel activity on our waters, which has been prompted in
significant part by vessel rental companies, also known as "liveries" or "charters," has led to
an increase in navigational hazards and vessel accidents and injuries on the water; and
WHEREAS, the rampant growth in charter and livery operations has also had adverse
impacts on the environment, including damage to marine habitats in Biscayne Bay; and
WHEREAS, state law significantly constrains local governments' ability to regulate
vessel activity on state waters such as Biscayne Bay, and therefore it is incumbent upon the
state to take action to address the negative consequences of the recent increase in
recreational vessel activity on state waters; and
WHEREAS, Senate Bill ("SB") 606 and House Bill ("HB") 493, both entitled "the
Boating Safety Act of 2022," have been filed for consideration during the 2022 session of the
Florida Legislature; and
WHEREAS, the Boating Safety Act of 2022 establishes a permitting scheme for vessel
liveries, to be administered by the Florida Fish and Wildlife Conservation Commission, that
protects economic activity but ensures that vessel liveries remain legally accountable and
observe regulations designed to protect the safety of the customers who rent vessels from
them; and
WHEREAS, the Boating Safety Act of 2022 also increases the civil penalties
applicable for violations of certain vessel -safety laws, such as violating navigation rules,
carelessly causing seagrass scarring, and anchoring or mooring in prohibited areas, as well
as laws pertaining to vessel registration and transfer of title; and
WHEREAS, in addition to other provisions, the Boating Safety Act of 2022 provides for
the creation of an Illegal Boating Strike Team "for the purpose of coordinating law
enforcement at the federal, state, and local levels to increase public safety and decrease
boating accidents, injuries, fatalities, and criminal activity"; and
WHEREAS, the Mayor and City Commission urge the Florida Legislature to enact the
Boating Safety Act of 2022, or any other similar legislation that regulates vessel liveries and
promotes boating safety in order protect the residents, visitors, environment, and economy of
the City of Miami Beach, Miami -Dade County, and the State of Florida.
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 urge the Florida Legislature to urge the Florida Legislature to enact
Senate Bill 606, and its related bill, House Bill 493, both entitled "the Boating Safety Act Of
2022," or other similar legislation that regulates vessel liveries and promotes boating safety;
and direct the City Clerk to send a copy of this Resolution to the President of the Florida
Senate, the Speaker of the Florida House of Representatives, and members of the Miami -
Dade State Legislative Delegation.
PASSED AND ADOPTED this 9
ATTES
/TW
Rafael E. Granado, City Clerk
day of Dec , 2021
Mayor Dan Gelber
DEC 1 3 2021
(Sponsored by Commissioner Alex Fernandez)
. ..„
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
�.IH[ORPi'yORATED
City Attorney Date
Resolutions - C7 U
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: December 8, 2021
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO
ENACT SENATE BILL 606, AND ITS RELATED BILL, HOUSE BILL 493,
BOTH ENTITLED "THE BOATING SAFETY ACT OF 2022," OR OTHER
SIMILAR LEGISLATION THAT REGULATES VESSEL LIVERIES AND
PROMOTES BOATING SAFETY, AND DIRECTING THE CITY CLERK TO
SEND A COPY OF THIS RESOLUTION TO THE PRESIDENT OF THE
FLORIDA SENATE, THE SPEAKER OF THE FLORIDA HOUSE OF
REPRESENTATIVES, AND MEMBERS OF THE MIAMI-DADE STATE
LEGISLATIVE DELEGATION.
RECOMMENDATION
The attached Resolution, sponsored by Commissioner Alex Fernandez, is submitted for
consideration by the Mayor and City Commission at the December 8, 2021 City Commission
meeting.
SUPPORTING SURVEY DATA
N/A
Applicable Area
Citywide
Is this a "Residents Right
to Know" item, pursuant to
City Code Section 2-14?
Yes
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Alex J. Fernandez
Does this item utilize G.O.
Bond Funds?
No
Page 586 of 1357
ATTACHMENTS:
Description
D Resolution
Page 587 of 1357