HomeMy WebLinkAboutBIE - Designate Public Swim Area (4/6/2026)
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: April 22, 2026
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66 OF
THE CITY CODE, ENTITLED “MARINE STRUCTURES, FACILITIES
AND VESSELS,” BY AMENDING ARTICLE II, ENTITLED
“RESTRICTED WAKE ZONES,” BY AMENDING SECTION 66-43,
ENTITLED “RESTRICTED AREAS,” TO ESTABLISH A
DESIGNATED PUBLIC SWIM AREA, AND CORRESPONDING
MOTORIZED VESSEL EXCLUSION ZONE, IN THE WATERS
SURROUNDING FLAGLER MEMORIAL ISLAND, ALSO KNOWN AS
MONUMENT ISLAND, PURSUANT TO SECTION § 327.46 OF THE
FLORIDA STATUTES; AND FURTHER, AUTHORIZING THE CITY
MANAGER TO UNDERTAKE AND EXECUTE THE NECESSARY
APPLICATIONS AND COORDINATION WITH THE VARIOUS
AGENCIES OF MIAMI-DADE COUNTY, THE STATE OF FLORIDA,
AND THE UNITED STATES GOVERNMENT TO EFFECTUATE THE
ESTABLISHMENT OF THE DESIGNATED PUBLIC SWIM AREA AND
CORRESPONDING MOTORIZED VESSEL EXCLUSION ZONE; 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;
Docusign Envelope ID: 698B8E8A-9B4D-45F9-AC63-95D40ADEA1DD
Business Impact Estimate
Page 2
☐ 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
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
Docusign Envelope ID: 698B8E8A-9B4D-45F9-AC63-95D40ADEA1DD
Business Impact Estimate
Page 3
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. Summary
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 proposed Ordinance will prohibit all motorized vessel owners and
operators (including commercial businesses that own or operate motorized vessels) from
operating, anchoring, or mooring a motorized vessel within the designated Swim Area
surrounding Monument Island. However, the Ordinance will not impose any new charge
or fee for which businesses will be financially responsible, unless any person or business
were to violate the Ordinance and be issued a Uniform Boating Citation, and admit (or be
found in) violation of the Ordinance pursuant the issued UBC and its associat ed fine.
(b) The proposed ordinance does not introduce any new direct fees or charges.
(c) The City is not expected to incur regulatory costs related to the enforcement of the
public swim area at Monument Island as the City already employs Marine Patrol
personnel in the Miami Beach Police Department. The ordinance does not have a fine
schedule associated with it.
3. The Ordinance will apply equally to all persons and entities, and all persons and
entities, including the approximately 77 Citywide BTRs issued to Charter Operators, with
163 vessels associated with the BTRs charter vessel businesses in the City, would only
be impacted by the proposed Ordinance to the extent they were previously intending to
operate, anchor, or moor a motorize d vessel within the designated Swim Area.
4. The objective of the ordinance amendment is to improve safety, contribute to
environmental restoration of the island and Biscayne Bay, and enhance the passive visitor
and neighboring community experience at Monument Island.
Docusign Envelope ID: 698B8E8A-9B4D-45F9-AC63-95D40ADEA1DD