BIE - MB OVERNIGHT ANCHORING LIMITATION AREA (7/2/2025)City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Eric Carpenter, City Manager
MEETING DATE: July 23, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 66 THE CITY CODE, ENTITLED “MARINE STRUCTURES,
FACILITIES AND VESSELS,” BY AMENDING ARTICLE IV, ENTITLED “VESSELS,” BY
CREATING SECTION 66-156, ENTITLED, “MIAMI BEACH OVERNIGHT ANCHORING
LIMITATION AREA ESTABLISHED” BY ESTABLISHING A MIAMI BEACH OVERNIGHT
ANCHORING LIMITATION AREA; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
;Yes ܆ No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
܆ The proposed Ordinance is required for compliance with Federal or State law or
regulation;
տ The proposed Ordinance relates to the issuance or refinancing of debt;
տ The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
տ The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
տ The proposed Ordinance is an emergency ordinance;
տ The Ordinance relates to procurement; or
տ The proposed Ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
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Business Impact Estimate
Page 2
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself, which are attached hereto.
The Commission Memorandum and Ordinance, if amended on first reading, will be
available for public inspection on or before the commission meeting at:
https://www.miamibeachfl.gov/city-hall/city-clerk/agenda-archive-main-page-2/
2. The City of Miami Beach estimates that the proposed Ordinance will have no direct
economic impact on private, for-profit businesses in the City of Miami Beach; that the
proposed Ordinance will have no direct compliance costs that businesses may
reasonably incur; that the proposed Ordinance will not impose any new charge or fee for
which businesses will be financially responsible; and that the proposed Ordinance will not
impact the City of Miami Beach’s regulatory costs and will not generate any revenue from
new charges or fees.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that no businesses are likely to be impacted by the
proposed Ordinance.
4. Additional comments: None.
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Ordinances - R5 I
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: June 25, 2025 9:31 a.m. First Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66 THE CITY CODE, ENTITLED
“MARINE STRUCTURES, FACILITIES AND VESSELS,” BY AMENDING ARTICLE
IV, ENTITLED “VESSELS,” BY CREATING SECTION 66-156, ENTITLED, “MIAMI
BEACH OVERNIGHT ANCHORING LIMITATION AREA ESTABLISHED” BY
ESTABLISHING A MIAMI BEACH OVERNIGHT ANCHORING LIMITATION AREA;
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed ordinance, sponsored by Vice-Mayor David Suarez, is submitted for consideration
by the Mayor and City Commission.
Chapter 327 of the Florida Statutes is known as the “Florida Vessel Safety Law.” During the 2025
Florida Legislative Session, the Florida Legislature enacted, and the Governor signed into law,
Ch. 2025-39, Laws of Florida, amending Chapter 327, and specifically Fla. Stat. 327.60(2)(f), to
include a new subsection, which now authorizes counties with a population of more than 1.5
million, including municipalities within those counties, to regulate overnight anchoring within the
waters of their jurisdiction by creating Anchoring Limitation Areas.
The City of Miami Beach (“City”), which attracts residents and visitors from around the world,
including boating enthusiasts operating vessels of all types, who enjoy the water quality and
amenities that the City’s jurisdictional waters and waterways offer, lies entirely within Miami-Dade
County. Miami-Dade County is a County with a population greater than 1.5 million and the City
is therefore eligible to create overnight Anchoring Limitation Areas pursuant to Fla. Stat.
327.60(2)(f)3.
The continued unregulated and unmanaged long-term anchoring may pose a threat to the health,
safety and welfare of the residents of the City, including its boaters and vessel owners, due to the
illegal discharge of materials detrimental to water quality and public health and threats to
protected aquatic flora and fauna, including seagrasses.
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Moreover, the ongoing unregulated and unmanaged long-term anchoring upon the waters of the
City has led to a proliferation of abandoned and derelict vessels, vessels at-risk of becoming
derelict, and unoccupied vessels stored on the waters of the City for extended periods of time,
requiring the expenditure of City financial and human resources to address the problem.
Furthermore, unregulated and unmanaged long-term anchoring, including long-term vessel
storage upon the waters of the City, prevents others from using the waters of the City, poses
hazards to navigational safety, and may endanger public and private marine infrastructure such
as docks, piers, seawalls and bridges, especially before and during storms.
As such, the proposed Ordinance, which would create Section 66-156 of the City Code, would
establish the waters of the City as an Overnight Anchoring Limitation Area in which vessels
(subject to certain exemptions) would be prohibited from anchoring anywhere within the Miami
Beach Overnight Anchoring Limitation Area for a period of 1 hour or more between one-half hour
after sunset and one-half hour before sunrise for more than 30 days in any 6-month period.
Vessels found to be in violation are subject to the imposition of fines as well as removal, towing,
impoundment, and disposal of the vessel.
The waters subject to the proposed Ordinance, as depicted in Exhibit “A” attached and
incorporated hereto, lie within the corporate boundaries of the City and within the Biscayne Bay
Aquatic Preserve, an Outstanding Florida Water, that receives special protection under Florida
Law.
FISCAL IMPACT STATEMENT
The sponsor of this item requests that the Administration be prepared to address the fiscal impact
of this proposed measure, if any, at the City Commission meeting.
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a “Residents Right to Know” item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
Project?
No No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
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If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner David Suarez
Co-sponsor(s)
Condensed Title
9:31 a.m. 1st Rdg PH, MB Overnight Anchoring Limitation Area. (Suarez) CA
Previous Action (For City Clerk Use Only)
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