BIE - Commercial Vessel Activity Hours at Public Marinas/Penalties (10/9/2025)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: October 29, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE III, ENTITLED “USE
OF PUBLIC PROPERTY,” BY AMENDING DIVISION 1, ENTITLED “GENERALLY,” BY
AMENDING SECTION 82-72 THEREOF, ENTITLED “COMMERCIAL VESSEL ACTIVITY
HOURS OF OPERATION AT PUBLICLY-OWNED MARINAS,” BY FURTHER RESTRICTING
THE PERMISSIBLE HOURS FOR COMMERCIAL VESSEL ACTIVITY AT PUBLIC MARINAS
AND PUBLIC MARINE FACILITIES; 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;☐The proposed Ordinance relates to the issuance or refinancing of debt;☐The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;☐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;☐The proposed Ordinance is an emergency ordinance;☐The Ordinance relates to procurement; or☐The proposed Ordinance is enacted to implement the following:
a.Private applications for comprehensive plan amendments and land
development regulation amendments;
b.Development orders, development permits, and development agreements;
c.Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
d.Section 553.73, Florida Statutes, relating to the Florida Building Code; or
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Business Impact Estimate
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e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
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. The Commission Memorandum and Ordinance are attached hereto.
2. a. The City of Miami Beach estimates that the proposed Ordinance will have the
following economic impact on private, for-profit businesses in the City of Miami Beach:
The Ordinance prohibits commercial vessels from conducting any commercial activity at
public marinas from 7 p.m. – 7 a.m. the following day, so the economic impact upon
businesses would potentially be the loss of revenue, if any, that otherwise would have
been generated by the operation of commercial vessels from 7 p.m. – 9 p.m. However,
because the City doesn’t possess any records, tax information, or other documentation
that would indicate the revenue generated by private businesses from commercial charter
vessels during the prohibited hours, it isn’t possible for the City to ascertain or even
ascribe an estimated numeric value to the loss of revenue.
b. The proposed Ordinance will have no direct compliance costs that businesses
may reasonably incur;
c. The proposed Ordinance will not impose any new charge or fee for which
businesses will be financially responsible; and
d. The City of Miami Beach will not generate any revenue from new charges or
fees, and the City intends to monitor and seek compliance with the Ordinance by utilizing
its existing staff.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
There are approximately 114 businesses in the City that could be impacted by the
Ordinance.
4. Additional comments: None.
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Ordinances - R5 P
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J. Dopico
DATE:September 3, 2025 10:45 a.m. First Reading Public Hearing
TITLE:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY
OF MIAMI BEACH, FLORIDA, ENTITLED "PUBLIC PROPERTY," BY AMENDING
ARTICLE III, ENTITLED “USE OF PUBLIC PROPERTY,” BY AMENDING DIVISION
1, ENTITLED “GENERALLY,” BY AMENDING SECTION 82-72 THEREOF,
ENTITLED “COMMERCIAL VESSEL ACTIVITY HOURS OF OPERATION AT
PUBLICLY-OWNED MARINAS,” BY FURTHER RESTRICTING THE PERMISSIBLE
HOURS FOR COMMERCIAL VESSEL ACTIVITY AT PUBLIC MARINAS AND
PUBLIC MARINE FACILITIES; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed Ordinance, sponsored by Mayor Steven Meiner, has been submitted for
consideration by the Mayor and City Commission.
The City has seen a significant increase in commercial vessel activity in the last several years,
particularly since the COVID-19 pandemic. Unfortunately, the City has also experienced many
quality-of-life complaints related to commercial charter vessel activity including unruly commercial
charter and boat rental patrons, disturbances caused by public intoxication, people engaging in
excessively loud arguments and playing excessively loud music, and public urination.
On or about April 28, 2023, the City Commission adopted Ordinance No. 2023-4550, that is
codified in Section 82-72 of the City Code, which limited commercial vessel activity at public
marinas and public marine facilities each day from 9 p.m. until 7 a.m. the following day. Then, on
or about November 20, 2024, the City Commission adopted Ordinance No. 2024-4669, which
prohibits commercial vessels from departing public or private marinas and public or private marine
facilities each day from 7:00 p.m. until 7:00 a.m. the following day.
Nonetheless, the City nonetheless continues to experience issues and field numerous resident
complaints concerning various disturbances, noise, fights, and arrests for illegal conduct, due to
commercial vessel nighttime activity at public marinas.
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Accordingly, the proposed Ordinance would prohibit all commercial vessel activity at public
marinas (with specified exceptions) from 7:00 p.m. each evening until 7:00 a.m. the following day.
The proposed Ordinance also increases the fines for violation from $500 for a 1st violation, $1,000
for a 2nd violation within the preceding 6 months; $2,000 for a 3rd violation within the preceding 6
months; and $5,000 for a 4th or subsequent violation within the preceding 6 months to a structure
in which the fine for a 1st violation is $1,000 and the 2nd or subsequent violation within 12 months
is $5,000.
Moreover, the proposed Ordinance authorizes the City Manager to suspend the business tax
receipt of the violator for a period not to exceed 30 days for a 2nd violation within the preceding 12
months and requires the City Manager to revoke the business tax receipt for a 3rd violation within
the preceding 12 months.
FISCAL IMPACT STATEMENT
None.
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
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Mayor Steven Meiner
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Co-sponsor(s)
Commissioner David Suarez
Condensed Title
10:45 a.m. 1st Rdg PH, Commercial Vessel Activity Hours at Public Marinas/Penalties. (SM/DS)
CA
Previous Action (For City Clerk Use Only)
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