HomeMy WebLinkAboutBIE - Refine Eligibility Criteria for Commercial Vessel Activity (6/3/2026)
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: June 24, 2026
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 AMENDING AND REFINING
ELIGIBILITY CRITERIA 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
Page 2
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.
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:
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Ordinances - R5 V
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J. Dopico
DATE:May 20, 2026 10:35 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 AMENDING AND REFINING ELIGIBILITY
CRITERIA 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 Vice-Mayor Laura Dominguez, has been submitted for
consideration by the Mayor and City Commission.
In order to address resident concerns surrounding nighttime charter operations and activities that
have created noise, disturbances, fights and other issues, on or about December 17, 2025, the
Mayor and City Commission adopted Ordinance No. 2025-4783, which limits commercial vessel
activity at public marinas each day from 7 p.m. until 7 a.m. the following day.
In Ordinance No. 2025-4783, the Mayor and City Commission also provided commercial vessel
operators with the opportunity to apply to the City for an exemption which, if granted, would extend
such commercial vessel operators’ hours of activity until 9 p.m. each day; however, such
exemption is only available to those commercial vessel operators without any violations in the
preceding two (2) years.
The proposed Ordinance would further refine the eligibility criteria to provide the City Manager
with the discretion to grant commercial vessel operators, who have been operating in the City
continuously for at least two (2) years and who have no more than one (1) pending or adjudicated
violation in the preceding two (2) year period, the exemption to operate until 9 p.m. each day
based upon factors including, but not limited to, the nature of the violation and whether such
violation affected public safety and/or residents’ quality of life.
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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)
Commissioner Laura Dominguez
Co-sponsor(s)
Condensed Title
NR- 10:35 a.m. 1st Rdg, Refine Eligibility Criteria for Commercial Vessel Activity at Marinas.
(LD) CA
Previous Action (For City Clerk Use Only)
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Not reached on 4/22/2026 - R5 O
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ORDINANCE NO.------
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 Ill,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 AMENDING AND
REFINING ELIGIBILITY CRITERIA FOR COMMERCIAL VESSEL ACTIVITY AT
PUBLIC MARINAS AND PUBLIC MARINE FACILITIES;AND PROVIDING FOR
REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
WHEREAS,in order to address resident concerns surrounding nighttime charter
operations and activities that create noise,disturbances,fights and other issues and/or illegal
conduct,on or about December 17,2025,the Mayor and City Commission adopted Ordinance
No.2025-4783,which limits commercial vessel activity at public marinas each day from 7 p.m.
until 7 a.m.the following day;and
WHEREAS,in Ordinance No.2025-4783,the Mayor and City Commission also provided
commercial vessel operators with the opportunity to apply to the City for an exemption which,if
granted,would extend such commercial vessel operators'hours of activity until 9 p.m.each day;
however,such exemption is only available to those commercial vessel operators without any
violations in the preceding two (2)years;and
WHEREAS,the Mayor and City Commission now desire to further refine the eligibility
criteria to provide the City Manager with the discretion to grant commercial vessel operators,who
have been operating in the City continuously for at least two (2)years and who have no more
than one (1)pending or adjudicated violation in the preceding two (2)year period,the exemption
to operate until 9 p.m.each day based upon factors including,but not limited to,the nature of the
violation and whether such violation affected public safety and/or residents'quality of life.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS:
SECTION 1.That Section 82-72 of the City Code shall be amended as follows:
CHAPTER 82
PUBLIC PROPERTY
***
ARTICLE Ill.USE OF PUBLIC PROPERTY
***
DIVISION 1.GENERALLY
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Sec.82-72.Commercial vessel activity hours of operation at public marinas.
(a)Definitions.The following words,terms,and phrases,when used in this section,shall have
the meaning ascribed to them in this section,except where the context clearly indicates a
different meaning:
Marina means any installation operated for profit which exclusively provides any
accommodations or facilities for watercraft,including mooring,docking,storing,leasing,sale or
servicing of watercraft,located in the waters of the city.
Marine facility means any device,dock,structure,building or component of a marina.
Operate means to navigate or otherwise use a vessel on or in the waters of the city.
Premises means any occupied or unoccupied vessel,marina,marine facility,accessory
structure,dock or pier,lot or parcel of land or any part thereof,used or intended to be used on or
in conjunction with the waterways of the city.
Vessel means and includes every description of watercraft used or capable of being used
as a means of transportation on water.The term shall mean any watercraft,and all vessels shall
belong to one of the following classes:
(1)Commercial vessel means and includes every vessel used or operated for
commercial purposes on the navigable waters of the city that is either carrying
passengers (including,but not limited to,charters and rentals),carrying freight,
towing,or for any other use,for which a compensation is received,either directly
or where provided as an accommodation,advantage,facility or privilege at any
place or public accommodation,resort or amusement.
(2)Pleasure vessel means and includes every vessel not within the classification of
commercial vessel.The term shall include a crew racing shell,which means any
shell,gig,barge or other boat designed primarily for the practice of racing
conducted by a private or public educational institution,school,academy,college,
university or association of any of the preceding,or by an amateur sports club or
association or by the United States or International Olympics Committee,and shall
include canoes,rowboats or lifeboats.
(b)Prohibitions.All commercial vessel activity shall be prohibited at public marinas and public
marine facilities each day from 7:00 p.m.until 7:00 a.m.,the following day.Such prohibition
shall include,but not be limited to,the departure,arrival,or other operation of a
commercial vessel,the queueing,embarkation or disembarkation of passengers,and the
loading or unloading of any food,goods,equipment,fuel or supplies.
It shall be an affirmative defense pursuant to this section if the owner of a commercial
vessel proves by clear and convincing evidence that he or she is operating the vessel
during prohibited hours without compensation of any kind,for his or her own pleasure,and
the pleasure of his or her personal friends and/or relatives.
Any person who knowingly makes any false statement to support this affirmative defense
shall be punished pursuant to Sec.1-14 of the city code.
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Notwithstanding the foregoing,all pleasure vessels,along with commercial fishing
vessels,commercial diving vessels,and licensed towing vessels,that are properly registered with
the marina operator as such,shall be exempt from the requirements of this section.It shall be the
sole responsibility of any person owning,operating or utilizing a vessel for commercial activity to
ensure that such vessel is properly and accurately registered with the marina operator for the
purpose of claiming an exemption to the requirements of this section.
This section shall not be construed as to prohibit public marinas and public marine facilities
from providing core marina functions including,but not limited to,utilities,dockage,storage,and
other services typically provided by a marina.
(c)Commercial vessel activity hours exemption;associated procedures.
(1)
(2)
(3)
(4)
(5)
(6)
Commercial vessel operators who have conducted operations within the City for a
minimum of two (2)consecutive years without any ,and who have no more than
one (1 pending or adjudicated violation of the City Code,the Miami-Dade County
Code,State law,or any other applicable laws,rules,or regulations within the
preceding two (2)years,shall be eligible to apply for an exemption from the 7:00
p.m.cessation of commercial vessel activity as established in this section.The City
Manager,or the City Manager's designee,may approve or deny the exemption,in
his or her sole and absolute discretion,based upon factors including,but not
limited to,the nature of the violation and whether such violation affected public
safety and/or residents'quality of life.
For purposes of determining eligibility for the exemption created by subsection
(c )(1)directly above,a City Code violation issued to a commercial vessel operator
who received a notice of violation in the applicable period due to its inability to
obtain a business tax receipt due solely to the Miami Beach Marina Operator's
failure to obtain a master business tax receipt shall remain eligible to be considered
for an exemption under subsection (c)(1)provided that such commercial vessel
operator obtains its business tax receipt promptly after the Miami Beach Marina
Operator obtains its master business tax receipt.
Applications for an exemption pursuant to subsection (c)(1)shall be submitted in
writing on a form and in a manner to be prescribed by the City.
The City Manager,or the City Manager's designee,shall review each application
and determine,in the City's sole and absolute discretion,whether to grant or deny
the exemption.Applicants shall be notified in writing of the City's determination.
If approved,the exemption shall permit the applicant to conduct commercial vessel
activity until no later than 9:00 p.m.each evening.However,the approval of an
exemption shall not relieve the applicant of the obligation to fully comply with all
other provisions of the City Code,the Miami-Dade County Code,State law,and
any other applicable laws,rules or regulations.
Approval of an exemption under this subsection shall not be deemed to create any
vested right,property interest,or other entitlement in the applicant.The City may
revoke any exemption at any time,with or without cause,and in the City's sole
discretion.
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(7)If an applicant that has been granted an exemption under this subsection is issued
a subsequent notice of violation of the City Code,the Miami-Dade County Code,
State law,or any other applicable law,rule,or regulation within the applicable two
(2)year period,the exemption shall be immediately and automatically revoked
upon the issuance of that if such violation is the applicant's second notice of
violation during the applicable two (2)year period.If an applicant that has been
granted an exemption under this subsection is issued its first notice of violation
during the applicable two (2)year period,the City Manager,or the City Manager's
designee,shall review the violation and may,in his or her sole and absolute
discretion,determine whether the exemption should be modified,conditioned,or
revoked based upon factors including,but not limited to,the nature of the violation
and whether such violation affected public safety and/or residents'quality of life.
+!=le If revoked,an exemption may only be reinstated if the notice of violation all
violations and notices of violation that triggered revocation are is dismissed by the
issuing authority,or if the applicant ultimately prevails upon the conclusion of all
litigation related to that notice of violation such violations.
(8)Upon revocation of the exemption,an applicant shall immediately comply with the
7:00 p.m.cessation of commercial vessel activity as established in this section.
(9)Commercial vessel operators who have been in operation within the City for less
than two (2)consecutive years shall not be eligible to apply for an exemption under
this subsection.
(d)Civil penalties.The code compliance department shall enforce this section.This shall not
preclude other law enforcement agencies from taking any action to assure compliance
with this division and all applicable laws.
(1)If a violation is observed,the enforcement officer shall be authorized to issue a
notice of violation to the commercial vessel.The notice will inform the violator of
the nature of the violation,amount of fine for which the violator is liable,instructions
and due date for paving the fine,that the violation may be appealed by requesting
an administrative hearing before a special magistrate within ten days after service
of the notice of violation,and that the failure to appeal the violation within ten days
of service shall constitute an admission of the violation and a waiver of the right to
a hearing.
(2)A violation of this section shall be subject to the following fines and penalties:
a.If the violation is the first offense,a person or business shall receive a civil fine
of $1,000.00;
b.If the violation is the second violation within the preceding twelve months,a
person or business shall receive a civil fine of $5,000.00 and the city manager
may temporarily suspend the business tax receipt of the violator for a period
not to exceed 30 days;
c.If the violation is the third violation within the preceding twelve months,a
person or business shall receive a civil fine of $5,000.00,however,if the special
magistrate finds the violation to be irreparable or irreversible in nature,the
special magistrate may impose a fine not to exceed $15,000.00 per violation
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and,in addition to any fine imposed,the business tax receipt of the violator
shall be revoked;
(3)A violator who has been served with a notice of violation must elect to either:
a.Pay the civil fine in the manner indicated on the notice of violation:or
b.Request an administrative hearing before a special magistrate to appeal the
notice of violation,which must be requested within ten days of the service of
the notice of violation.
(4)The procedures for appeal by administrative hearing of the notice of violation shall
be as set forth in sections 30-72 and 30-73 of this Code.A request for the
administrative hearing must be accompanied by a fee as approved by a resolution
of the city commission,which shall be refunded if the named violator prevails in
the appeal.
(5)If the named violator,after issuance of the notice of violation,fails to pay the civil
fine,or fails to timely request an administrative hearing before a special magistrate,
the special magistrate may be informed of such failure by the code enforcement
officer.The failure of the named violator to appeal the decision of the code
enforcement officer within the prescribed time period shall constitute a waiver of
the violator's right to an administrative hearing before the special magistrate,and
shall be treated as an admission of the violation,for which fines and penalties shall
be assessed accordingly.
(6)A certified copy of an order imposing a fine may be recorded in the public records,
and thereafter shall constitute a lien upon any real or personal property owned by
the violator,which may be enforced in the same manner as a court judgment by
the sheriffs of this state,including levy against the violator's real or personal
property,but shall not be deemed to be a court judgment except for enforcement
purposes.On or after the 61 st day following the recording of any such lien that
remains unpaid,the city may foreclose or otherwise execute upon the lien.
(7)Any party aggrieved by a decision of a special magistrate may appeal that decision
to a court of competent jurisdiction.
(8)The special magistrate shall be prohibited from hearing the merits of the notice of
violation or considering the timeliness of a request for an administrative hearing if
the violator has failed to request an administrative hearing within ten days of the
service of the notice of violation.
(9)The special magistrate shall not have discretion to alter the penalties prescribed in
this subsection.
SECTION 2.REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
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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 of2026.
ATTEST:
Steven Meiner,Mayor
Rafael E.Granado,City Clerk
Underline denotes additions.
Strikethrough denotes deletions.
(Sponsored by Vice-Mayor Laura Dominguez)
APPROVED AS TO
FORM &LANGUAGE
&KOR EXECUTION
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