LTC 283-2024 Marine and Waterfront Protection Authority (MWPA) MotionsMIAMI BEACH
City of Miami Beach,1700 Convention Center Drive,Miami Beach,FL 33139,www.miamibeachfl.gov
NO.L TC #283-2024 LETTER TO COMMISSION
TO:Honorable Mayor Steven Meiner Members of the City Commission
FROM:fv(~afael E.Granado,City Clerk ~---
DATE:July 10,2024 KEILA MENA
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 June 11,2024.
Docusign Envelope ID:D984C4EE-2B03-4548-8FE3-32846C23C3AD
MIAMI BEACH
MARINE AND WATERFRONT PROT ECTION AUTHORITY BOARD
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor Steven Meiner and Members of the City Commission
Marine and Waterfront Protection Authority Board
July 10,2024
Process for Reviewing BTR Holders Operating Charter Boats and Making
Recommendations to the City
The purpose of this memo is to inform the Mayor and Members of the City Commission of the
recent unanimous vote by the Marine and Waterfront Protection Authority (MWPA)Board
regarding the process by which the MWPA will monitor and review the performance of the City
of Miami Beach Business Tax Receipt (BTR)holders operating charter boats.This follows the
passage of Ordinance No.2024-4612 on April 3,2024,which authorizes the MWPA to make
recommendations regarding the potential suspension or revocation of BTRs for commercial
charter operators that engage in nuisance or unlawful activities.
Our process includes reporting issues from multiple sources,including citizen complaints,Code
Enforcement,Park Rangers,Marine Patrol,and other law enforcement agencies.We apply a
point system to these issues,with point thresholds resulting in courtesy notices and ultimately a
review by the MWPA.If a BTR holder is escalated to the MWPA,we will conduct a thorough
review of the issues,invite the BTR holder to participate in our discussion,and vote on a
recommendation to the City Manager and the City Commission in compliance with the
ordinance.
The MWPA sincerely thank you for your consideration.
Attachment:MWPA Oversight of Charter Boat BTRs:Full Review Process
MWPA Oversight of Charter Boat BTRs:Full Review Process
June 10,2024
1.Introduction and Historical Background:
a.The Marine and Waterfront Protection Authority (MWPA)has long been responsible
for reviewing Business Tax Receipts (BTRs)for charter boats to ensure operators
meet the necessary requirements (Miami Beach City Code Sec.2-190.49).
b.Historically,once an operator was deemed compliant with the City of Miami Beach
(COMB)requirements,their application was approved by the MWPA,and the BTR
was issued.Annual renewals were automatic,regardless of subsequent
compliance issues.
2.MWPA's Expanded Oversight Authority:
a.The MWPA now has greater authority over charter boat Business Tax Receipts
(BTRs)following the adoption of Ordinance No.2024-4612 by the Mayor and City
Commission of the COMB on April 3,2024.This ordinance amended Section 2-
190.49 of the Miami Beach City Code to authorize the MWPA to make
recommendations to the City Manager and City Commission regarding potential
suspension or revocation of BTRs for commercial charter operators that engage in
nuisance or habitual unlawful activities.
b.The MWPA will now enforce compliance more stringently,reviewing BTR holders'
activities and ensuring they meet the standards outlined in the ordinance.A code
enforcement employee,acting as a "point person,"will oversee data collection and
ensure proper notification,reporting,and communication to streamline the
oversight process and support the MWPA in fulfilling its new responsibilities.
3.Critical Data Sources and Collection:
a.Each warning,ticket,violation,or complaint constitutes an "Event,"and Event data
is fundamental to this oversight process and will be gathered from the following
sources:
i.Code Enforcement:Including warnings and violations of city codes related to
charter boats.
ii.COMB Park Rangers:Including warnings and violations of city codes related to
charter boats.
iii.Marine Patrol at Miami Beach Police Department (MBPD):Incorporating
warnings,citations,and tickets issued by the Marine Patrol.
iv.Other law enforcement agencies including FWC,US Coast Guard and Miami and
Miami-Dade County marine patrol:Incorporating warnings,citations,and
tickets issued by other law enforcement as such data becomes available.
v.Citizen Complaints:Complaints by citizens can be made by phone or through
the city's complaint system,which will integrate marine/boating complaints into
the Citizens Access portal's dropdown menu to ensure proper categorization.
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b.This Event data will be collected by code's "point person",who will receive,
organize,and grade the Event data,and escalate to the MWPA as provided below.
4.Weight and Assessment of Events:
a.Not all Events warrant immediate MWPA review.Under Miami Beach City Code,
Section 102-381,a BTR can be suspended for several reasons.The reasons most
applicable to charter boat operators are:
i.Misrepresentation:Failing to disclose or misrepresenting material information
required in the BTR application.
ii.Public Safety Threat:Engaging in business activities that pose a genuine threat
to public health,welfare,or safety.
iii.Habitual Law Violations:Frequent violations of local,county,or state laws
occurring at the business premises.
iv.Specific Legal Violations:Violating specific federal,state,city,or county laws
that the BTR issuance depended on.
v.Refusal to Correct Violations:Failing to cease or rectify violations after receiving
notification.
b.The code "point person"receiving the Event data will make a subjective decision
whether the severity of a single Event warrants escalation to the MWPA per Section
5 below,or,if time-sensitive,immediate escalation directly to the City Manager (per
Miami Beach City Code,Section 102-381 ).
c.If a single Event does not warrant immediate escalation,then the code "point
person"will assess each Event,and assign points and take action or escalate as
follows:
i.Points System:The MWPA establishes the following point system applicable to
Events for the purpose of creating a threshold for escalating a charter boat BTR
holder:
•Validated citizen complaints (that did not lead to code warning or violation):
1 point
•Warnings:2 points
•Code violations:3 points
•Law Enforcement citations1:4 points
ii.Actions/Escalation:The code "point person"will maintain a database with the
aggregate points applicable to Events and take the following actions:
•The accumulation of 3 or more points in the BTR fiscal year (FY)will trigger a
"Courtesy Notice"from Code Enforcement,notifying the BTR holder of their
compliance status and potential consequences of further violations.
•The accumulation of 6 or more points in the BTR FY will immediately escalate
the matter to the MWPA ("Escalated BTR")for review and potential action per
Section 5 below.
iii.Upon the renewal of a BTR at the start of a new BTR FY,the BTR holder's points
will revert to 0.
1 Includes MBPD Marin Patrol,as well as USCG,FWC,Miami and Miami-Dade police.
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5.MWPA Review of Escalated BTRs:
a.Each monthly MWPA meeting will include a presentation of any noteworthy Events,
any Courtesy Notices sent to BTR holders and the relevant Event data for the review
of any Escalated BTR.
b.After the MWPA's initial review,if the MWPA decides to proceed with a formal
review,then the BTR holder(s)of Escalated BTRs would be invited to the MWPA
meeting and have an opportunity to present their defense and respond to MWPA
member questions.
c.In the case of a formal review,the MWPA will review all the Event data provided for
the Escalated BTR,consider the position of the applicable BTR holder,and then
discuss whether the BTR holder has violated Miami Beach City Code,Section 102-
381.Based on this,the MWPA will vote whether to recommend to the City Manager
I Commission to potentially suspend or revoke the BTR,consistent with Ordinance
No.2024-4612.
6.MWPA Requests to Facilitate the Process and Enforcement.In order to facilitate
this process and enforcement,the MWPA requests the City consider and implement
the following practices:
a.Charter Boat BTR Sticker:Identification of charter boats under a COMB BTR is very
difficult therefore charter boats that hold a BTR would receive a city-issued sticker
that must be plainly visible on the vessel.
i.In line with requiring all businesses with BTRs to display their licenses,this
sticker would be visible to code enforcement and marine patrol outside the
vessel.
b.BTR Holder Applies to all Use of Boat:BTR holders would be clearly informed and
affirm that registered vessels will be held to all charter boat rules and regulations at
all times and accountable regardless of whether the use is commercial or personal.
i.The only exception would be for after-hour use by person(s)pre-identified in the
application process (or by later amendment)as the owner of the vessel who
must present ID.
c.Annual Affirmation Process:As part of the annual BTR Renewal process,the COMB
would include an affirmation form to all charter operator BTR holders to confirm
compliance with all relevant laws and acknowledge that violations may lead to
suspension or revocation.The final language of such affirmation will be determined
in coordination with the City Attorney's office.
i.The affirmation will identify major violations that must be avoided,consistent
with Miami Beach City Code,Section 102-381,including noise,quality of life,
speeding,dumping,and balloons.
ii.The affirmation will also include a section where the BTR holder may notify the
COMB and the MWPA if their business model has changed materially from what
was described in the original,approved BTR application.
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