Ordinance 2025-4753 ORDINANCE NO. 2025-4753
AN ORDINAfdCE OF THE MAYOR AND CITY COMIVIISSION 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 OVERNIGHTANCHORING LIMITATION AREA
ESTABLISHED" BY ESTABLISHING A MIAMI BEACH OVERNIGHT
ANCHORING LIMITATION AREA; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
WHEREAS, Chapter 327 of the Florida Statutes is known as the "Florida Vessel Safety
Law;" and
WHEREAS, the City of Miami Beach ("City") 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; and
WHEREAS, the waters subject to this ordinance 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; and
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, during the 2025 Florida Legislative Session, the Florida Legislature enacted,
and the Governor signed into law Ch. 2025-39, Laws of Florida, amending 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; and
WHEREAS, the City lies entirely within Miami-Dade County, a County with a population
greater than 1.5 million, and is therefore eligible to create overnight Anchoring L'imitation Areas
pursuant to Fla. Stat. 327.60(2)(f)3.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA,AS FOLLOWS:
SECTION 1. That Section 66-156 of Article IV of Chapter 66 of the Miami Beach City Code is
hereby created as follows:
CHAPTER 66
MARINE STRUCTURES, FACILITIES AND VESSELS
* * *
ARTICLE IV. VESSELS
* * *
Sec. 66-156 Miami Beach Overnipht Anchorinp Limitation Area Established, Jurisdictional
Limits Defined; Restriction on Overnipht Anchorinq; Exemptions; Section Supplemental;
Enforcement, Penalties,Appeal; Contractors.
� Miami Beach Overniqht Anchorinp Limitation Area. Pursuant to the authoritv qranted bv
the Florida Leqislature, the Citv of Miami Beach herebv desiqnates all waters vvithin its
corporate boundaries to be the Miami Beach Overniqht Anchorinq Limitation Area as
authorized in Ch. 2025-39, Laws of Florida and codified at Section 327.60(2)(f)3.
� Restriction on Overniqht Anchorinq within the Miami Beach Overniqht Anchorinq
Limitation Area. No vessel shall be anchored anvwhere within the Miami Beach
Overnight Anchorina Limitation Area for a period of 1 hour or more befinreen one-half
hour after sunset and one-half hour before sunrise for more than 30 days in anv 6-month
ep riod•
� Exemptions; 1/esse/s Not Restricted in the Miami Beach Overniqht Anchorinq Limitation
Area. The followinq vessels are not subiect to the restriction set forth in subsection (b)
above pertaininq to the restriction on overniqht anchorinq within the Miami Beach
Overniqht Anchorinq Limitation Area:
� Vessels anchored within the boundaries of a marked moorinq field.
� Vessels anchored overniqht for the purpose of completinq permitted marine
construction, installation, or maintenance work.
,(� Vessels owned bv a qovernmental entitv or otherwise operated at the request of a
governmental entity for a qovernmental purpose.
� Commercial fishinq vessels as defined in Section 327.02(6), Fla. Stat.
� Section Supplemental. This section is supplemental to, and does not limit or otherwise
alter, the restrictions on anchorinq or moorinq in the Miami Beach Overniqht Anchorinq
Limitation Area that are subiect to any more restrictive local, state, or federal law.
� Enforcement; Penalties for Violation; Appeal. The provisions of this section mav be
enforced bv the Miami Beach Code Compliance Department, the Miami Beach Police
Department, or anv other law enforcement aqencv havinq lurisdiction within the Miami
Beach Overniqht Anchorinq Limitation Area in the manner prescribed below:
2
� Warninq Notice. Prior to the issuance of a Notice of Violation pursuant to this
section, the vessel owner, occupant, or operator must be provided a warninq in the
manner prescribed below that the vessel will be subiect to enforcement if it remains
anchored in the Miami Beach Overniqht Anchorinq Limitation Area in violation of
section 66-156(b) above.
� Warninq Notice Procedure.At any time durinq which a vessel is anchored overniqht
in the Miami Beach Overniqht Anchorinq Limitation Area for more than 14 days in
anv 6-month period, a code compliance officer or law enforcement officer who has
reason to believe that such vessel mav violate the prohibition on overniqht
anchorinq established by this section, shall provide the vessel owner, occupant, or
operator with written notice that it maY be sublect to future enforcement in the
manner qrescribed below:
a. If the vessel is occupied, written notice shall be qrovided directiv to the vessel
owner, occupant, or operator, unless such person refuses to accept the written
notice in which case the notice mav be affixed to the vessel; or
b. If the vessel is unoccupied or if occupancy cannot be determined, written notice
shall be affixed to the vessel; and
c. In addition to either subsection a. or b. above, written notice shall be sent via
U.S. Postal Service bvi certified mail, return receipt requested, to the reqistered
owner and anv lienholder of the vessel irresqective as to whether the vessel is
occupied or unoccupied. The reauirements of this subsection shall be deemed
satisfied upon mailinq. If no owner or lienholder can be identified after
reasonable effort to ascertain the name and address of the owner and anv
lienholder, then this subsection c. shall not apply.
d. The written warninq notice shall include the followinq:
i. Information that the vessel mav soon be in violation of subsection 66-156(b)
- Restriction on Overniqht Anchorinq within the Miami Beach Overniqht
Anchorinq Limitation Area; and
ii. A copv of this section 66-156.
� Notice of Violation. If a vessel is found to be in violation of this section as of a date
that is 10 days or more after issuance of a warninq notice bv any method qrescribed
in subsection (2) above, a code compliance officer or law enforcement officer mav
issue a Notice of Violation utilizinq the same procedure set forth in subsections(2)a.
- (2)c. above.
� Fines and Enforcement. The owner, occupant, and/or operator of a vessel found to
be in violation of this section as of a date that is 10 days or more after issuance of
a warninq notice bv anv method prescribed in subsection (2)above shall be subiect
to the followinq fines:
a. $500 fine per dav for a first violation;
b. $750 fine per day for a second or subsequent violation.
In addition to the fines prescribed above, anv vessel found to be in violation of this
section as of a date that is 10 days or more after issuance of a warninq notice bv
anv method prescribed in subsection (2)above shall be subiect to removal, towinq,
impoundment, and disposal in accordance with the provisions set forth in
subsection (5) below.
3
� Appeal Procedure; Removal, Towinq, Impoundment, Disposal.
a. Anv cited partv shall have 10 days within which to appeal the Notice of Violation
to the Citv of Miami Beach bv pavinq an administrative fee and submittinq a
written request to the Clerk of the Special Maqistrate which must include the
vessel owner's name, address, telephone number, email address, and a copy
of the Notice of Violation that was issued to the vessel owner, occuqant,
oqerator, or affixed to the vessel.
b. Hearinqs held pursuant to this section shall be noticed and conducted accordinq
to the provisions of Chapter 30. However, hearinqs under this section shall be
advanced on the Special Maqistrate's calendar to the soonest practicable
hearing date and continuances requested bv either the cited partv or the Citv
shall be limited to onlv one continuance per side and each continuance shall be
limited to no more than 10 days.
c. Prior to and until a Special Maqistrate's determination, the vessel found to be in
violation of this section shall not be towed but fines shall continue to accrue so
long as the vessel remains anchored in violation of this section.
d. If no cited partv timely appeals the Notice of Violation or the Special Maqistrate
upholds the violation, the vessel mav be removed, towed and impounded bv the
Citv or its contractor until such time as the vessel owner or lienholder retrieves
the vessel after pavinq all costs associated with the removal, towinq and
impoundment, alonq with all accrued fines owed to the Citv.
e. If no cited partv timelv appeals the Notice of Violation, or no cited partv timely
appeals the Special Maqistrate's determination, or all appeals from the Special
Magistrate's determination have been exhausted, and the vessel owner or
lienholder has failed to retrieve the vessel from the impoundment facilitv, the
Citv or its contractor mav dispose of the vessel in accordance uvith law.
� Additional Remedies. The Citv mav also pursue any additional remedies available
to it in accordance with law.
� Contractors;License and Insurance Repuired. A contractor performinq removal, towinq,
or impoundment services at the direction of a code compliance officer or law
enforcement officer pursuant to this section must:
� be licensed in accordance with United States Coast Guard requlations, as
applicable;
� obtain and carry a current insurance policy issued by a licensed insurance carrier
in this state to insure aaainst anv accident, loss, iniurv, proqertv damaqe, or other
casualty caused bv or resultinq from the contractor's actions; and
,(3� be proqerlv equipped to perform such services.
SECTIOM 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
4
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
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 a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the�day of ��� , 2025.
ATTEST: •
�UL 2 5 202� teven Meiner, Mayor
Rafael . Granado, City Clerk ,,,�„
_\�t,i s�c�''I.
Underline denotes additions. :��`� �•:, ,
� D • �
(Sponsored by Vice-Mayor David Suarez) ; :IN�ORP�QRATED,�=
'' �,F� ^_
'"�'' •'�:
,,,y'�; �. .•�,
Co�ponsored by Commissioner Joseph Magazine ''���,,�N"��;.--��-
�,��,,,,.,.
APPROVED AS TO
. FORM & LANGUAGE
&FOR EXECUTION
__ 6 1? �'
ttomey� p� Date
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5
Ordinances - R5 B
N1IAI1/� � �EA� H
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. D�pico
DATE: July 23, 2025 9:26 a.m. Second Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND CITY C�MMlSSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66 THE ClTY CODE, ENTITLED
"MARINE STRUCTURES, FACILITIES AND VESSELS," BY AMENDING ARTICLE
IV, ENTfTLED "VESSELS," BY CREATING SECTION 66-156, ENTITLED, "MIAMt
BEACH OVERN(GHT ANCHORING LIMfTATION AREA ESTABLISHED" BY
ESTABLISHING A MIAMf BEACH OVERNfGHT ANCHOR(NG LIM(TATION AREA;
AND PROVIDING FOR REPEALER, SEVERABfLITY, CODIF(CATION, AND AN
' EFFECTIVE DATE.
RECOMMENDATION
BACKGROUNDIHISTORY
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 Vessei 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 Chapfer 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 residenfs of the City, inc(uding its boaters and vessel owners, due to the
illegal discharge of materials detrimental to water quafity and pubtic health and threats to
protected aquatic flora and fauna, including seagrasses.
931 of 1791
Moreover, the ongoing unreguiated and unmanaged long-term anchoring upon the waters of the
City has led to a profiferation of abandoned and derelict vessels, vessels at-risk of becoming
derelict, and unoccupied vesseis stored on fhe 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 dacks, 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 Cify as an Overnight Anchoring Limitafion Area in which vesseis
(subject to certain exemptions) would be prohibited from anchoring anywhere within the Miami
Beach Ovemight 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 (BIEj was published on: 7/2/2025
See BIE at: https://www.miamibeachfl.qov(city-hall/citv-clerk/meetinq-notices!
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Riqht to Know" item, Is this item related to a G.O. Bond
pursuant to Citv Code Section 2-17? Proiect?
No No
932 of 1791
Was this Aqenda Item initiallv requested bv a lobbvist which, as defined in Code Sec. 2-481,
includes a princiaal enqaqed in Iobbvinst? No
If so, specify the name of lobbyist(s)and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner David Suarez
Co-sponsor(s)
Commissioner Jaseph Magazine
Condensed Title
9:26 a.m. 2nd Rdg, MB Overnight Anchoring Limitation Area. (Suare�JMagazine) CA
Previous Action (For Citv Clerk Use Onlv)
First Reading Public Hearing on 6/25/2025 - R5 I
933 of 1791
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