HomeMy WebLinkAboutResolution 2025-34030RESOLUTION NO. 2025-34030
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION TO
PROACTIVELY ENFORCE, WITH ANY NECESSARY COOPERATION AND/OR
ASSISTANCE FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION ("FWC"), THE PROHIBITION ON SPEARFISHING WITHIN 100
FEET OF THE JETTY ADJACENT TO SOUTH POINTE PARK PIER, IN ORDER
TO SAFEGUARD AND PROTECT THE HEALTH, SAFETY AND WELFARE OF
BATHERS, ANGLERS, DIVERS AND OTHERS IN THE AREA.
WHEREAS, South Pointe Park Pier and the adjacent Jetty area are utilized by the public
(typically pedestrians and some anglers) on a daily basis, in addition to many bathers swimming
immediately in the jetty area and relaxing on the adjacent beach; and
WHEREAS, the heavy utilization, and sheer number of people in the area, creates the
need for enhanced measures to ensure public safety; and
WHEREAS, the practice of spearfishing in close proximity to individuals in the water or in
the jetty area poses inherent risks, including potential contact with spears, spearguns, or equip-
ment, as well as the possibility of attracting predatory marine life to this area with a high concen-
tration of people; and
WHEREAS, Section 379.2425 of the Florida Statutes specifically delegates the Florida
Fish and Wildlife Conservation Commission ("FWC") authority to establish areas in which spear -
fishing shall be prohibited upon FWC's determination that safety hazards exist, thereby reflecting
the State's recognition of the public safety risks associated with spearfishing in certain locations;
and
WHEREAS, pursuant to the authority granted by Fla. Stat. 379.2425, the FWC promul-
gated Florida Administrative Code Regulation 6813-20.003, which prohibits spearrshing within 100
feet of the unsubmerged portion of any jetty that extends 1,500 yards or less from the shoreline;
and
WHEREAS, the jetty adjacent to South Pointe Park Pier extends less than 1,500 yards
from the shoreline and, therefore, spearfishing within 100 feet of the jetty is expressly prohibited
under Regulation 68B-20.003; and
WHEREAS, Regulation 68B-20.003 further prohibits spearfishing within 100 yards of all
public bathing beaches, and all public or commercial fishing piers, underscoring the importance
of keeping spearfishing activities away from areas where people regularly swim, bathe, or fish;
and
WHEREAS, a violation of the spearfishing prohibitions established by the HNC in Regu-
lation 68B-20.003 may be property charged under Section 379.401(2)(a)9 of the Florida Statutes,
which provides that such violation constitutes a Level Two offense, punishable as a second-de-
gree misdemeanor (unless an individual has a prior Level Two or higher level conviction within
the preceding three years, in which case the potential penalty is increased based upon certain
factors including the number of prior violations and the number of years elapsed since such con-
viction/s); and
WHEREAS, due to the consistent and nearly constant heavy public usage of the waters,
shoreline, jetty, and pier surrounding South Pointe Park, proactive enforcement of the existing
prohibition on spearfishing within 100 feet of the jetty (and within 150 yards of the public beach)
is necessary to safeguard the health and welfare of bathers, swimmers, divers, anglers, and other
members of the public; and
WHEREAS, the Mayor and City Commission find that enhanced enforcement, aided by
any necessary cooperation and/or assistance from FWC, will help ensure compliance with the
law and protect the safety of all individuals utilizing the jetty, water, beach, and pier area.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMIS-
SION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby direct the City Administration to pro-
actively enforce, with any necessary cooperation and/or assistance from the Florida Fish and
Wildlife Conservation Commission ("FWC"), the prohibition on spearfishing within 100 feet of the
jetty adjacent to South Pointe Park Pier, in order to safeguard and protect the health, safety and
welfare of bathers, anglers, divers and others in the area.
PASSED AND ADOPTED this 17 dayof .Deumbc�- 2025.
ATTEST:
/ bl
Rafael E. Granado, City Clerk
DEC 2 2 2025
(Sponsored by Commissioner Laura Dominguez)
Cosponsored by Commissioner Tanya K Shatt
CO -Sponsored by CommissionerAlex J. Fernandez
Cosponsored by Commissioner Joseph Magazine
Co -Sponsored by Commissioner Monica Matteo-Salinas
Cosponsored by Mayor Steven Meiner
Cosponsored by Commissioner David Suarez
D
Steven Meiner, -Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Cltr'AR121 BLS
omey Date
Resolutions - C7 BS
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: December 17, 2025
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION TO
PROACTIVELY ENFORCE, WITH ANY NECESSARY COOPERATION AND/OR
ASSISTANCE FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION (-FWC"), THE PROHIBITION ON SPEARFISHING WITHIN 100
FEET OF THE JETTY ADJACENT TO SOUTH POINTE PARK PIER, IN ORDER TO
SAFEGUARD AND PROTECT THE HEALTH, SAFETY AND WELFARE OF
BATHERS, ANGLERS, DIVERS AND OTHERS IN THE AREA.
BACKGROUNDIHISTORY
ANALYSIS
The attached Resolution was prepared at the request of the sponsor, Commissioner Laura
Dominguez.
FISCAL IMPACT STATEMENT
None.
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: httos://www.miamibeachfi.glov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
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South Beach
Is this a "Residents Right to Know" item Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
No No
Was this Agenda Item initially requested by a lobbyist which as defined in Code Sec 2481
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s).
Department
City Attorney
Sponsors)
Commissioner Laura Dominguez
Co-sponsors)
Condensed Title
Enforce Spearfishing Near Jetty Prohibition. (Dominguez) CA
Previous Action (For City Clerk Use Only)
2057 of 3458