HomeMy WebLinkAboutBIE - Amend and Clarify Fishing Prohibitions (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 THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE MIAMI BEACH CITY CODE ENTITLED
“PUBLIC PROPERTY,” BY AMENDING ARTICLE V, ENTITLED “IN GENERAL,” BY
AMENDING SECTION 82-441 THEREOF, ENTITLED “FISHING FROM VIADUCTS AND
BRIDGES IN THE JETTY AREA BETWEEN 29TH AND 33RD STREETS AND IN RESTRICTED
SWIM AREAS,” BY PROVIDING DEFINITIONS, AMENDING, AND CLARIFYING THOSE
AREAS IN WHICH SALTWATER FISHING IS PROHIBITED FOR THE PROTECTION OF THE
PUBLIC HEALTH, SAFETY, AND WELFARE; 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
Docusign Envelope ID: 0E3A36E1-7B3B-8D5E-81B9-74598B754CB6
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:
Docusign Envelope ID: 0E3A36E1-7B3B-8D5E-81B9-74598B754CB6
Ordinances - R5 W
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J. Dopico
DATE:May 20, 2026 10:36 a.m. First Reading Public Hearing
TITLE:AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE MIAMI BEACH
CITY CODE ENTITLED “PUBLIC PROPERTY,” BY AMENDING ARTICLE V,
ENTITLED “IN GENERAL,” BY AMENDING SECTION 82-441 THEREOF,
ENTITLED “FISHING FROM VIADUCTS AND BRIDGES IN THE JETTY AREA
BETWEEN 29TH AND 33RD STREETS AND IN RESTRICTED SWIM AREAS,” BY
PROVIDING DEFINITIONS, AMENDING, AND CLARIFYING THOSE AREAS IN
WHICH SALTWATER FISHING IS PROHIBITED FOR THE PROTECTION OF THE
PUBLIC HEALTH, SAFETY, AND WELFARE; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed Ordinance, sponsored by Commissioner Alex Fernandez, has been submitted for
consideration by the Mayor and City Commission.
The Baywalk, seawalls, and street-ends at 10th Street, 14th Street, and Lincoln Road, abutting
Biscayne Bay, are frequented by residents walking with children and dogs, and tourists who are
attracted to the idyllic view of the water and the beautiful sunsets that can be observed from the
water’s edge. Additionally, the street-ends and the seawalls at 10th Street, 14th Street, and Lincoln
Road are routinely used for saltwater fishing.
However, fishing in these areas creates unsafe and hazardous conditions due to, among other
reasons, the use of tackle equipment such as hooks, lines, and other sharp instruments,
discarded fish debris and bait with fishhooks, and other assorted trash which create a dangerous
environment and unsanitary condition for residents and visitors frequenting these areas.
Moreover, the discarded bait, fishhooks, and monofilament fishing lines scattered throughout
these areas by persons fishing, present an immediate danger to people and to dogs being walked
by nearby residents and other animals.
While Section 379.2412, Florida Statutes, generally preempts to the State of Florida the regulation
of saltwater fishing, the Statute also provides express authority for local governments to prohibit
saltwater fishing from real property owned by such local government for reasons of protecting the
public health, safety, or welfare.
Docusign Envelope ID: 0E3A36E1-7B3B-8D5E-81B9-74598B754CB6
1
0
1
7
8
To that end, the City has ownership at the bayside street-end properties located at the western
ends of 10th Street, 14th Street, and Lincoln Road, along with various bridges and viaducts
throughout the City, so the proposed Ordinance would prohibit fishing at these City-owned
properties, which the Mayor and City Commission find to be in the best interest of protecting the
health, safety, and welfare of the City’s residents and visitors.
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
South Beach
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?
Yes 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 Alex Fernandez
Co-sponsor(s)
Docusign Envelope ID: 0E3A36E1-7B3B-8D5E-81B9-74598B754CB6
1
0
1
7
8
Condensed Title
NR- 10:36 a.m. 1st Rdg, Amend and Clarify Fishing Prohibitions. (Fernandez) CA
Previous Action (For City Clerk Use Only)
Not reached on 4/22/2026 - R5 P
Docusign Envelope ID: 0E3A36E1-7B3B-8D5E-81B9-74598B754CB6
ORDINANCE NO. ________________
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE MIAMI
BEACH CITY CODE ENTITLED “PUBLIC PROPERTY,” BY AMENDING
ARTICLE V, ENTITLED “IN GENERAL,” BY AMENDING SECTION 82-441
THEREOF, ENTITLED “FISHING FROM VIADUCTS AND BRIDGES IN THE
JETTY AREA BETWEEN 29TH AND 33RD STREETS AND IN RESTRICTED
SWIM AREAS,” BY PROVIDING DEFINITIONS, AMENDING, AND
CLARIFYING THOSE AREAS IN WHICH SALTWATER FISHING IS
PROHIBITED FOR THE PROTECTION OF THE PUBLIC HEALTH, SAFETY,
AND WELFARE; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the street-ends, Baywalk, and the seawalls in the City of Miami Beach (“City”)
at 10th Street, 14th Street, and Lincoln Road are frequented by residents walking with children
and dogs, and tourists who are attracted to the idyllic view of the water and the beautiful sunsets
that can be observed from the water’s edge; and
WHEREAS, the street-ends and the seawalls at 10th Street, 14th Street, and Lincoln Road,
abutting Biscayne Bay, are routinely used for saltwater fishing; and
WHEREAS, fishing in these areas creates unsafe and hazardous conditions due to,
among other reasons, the use of tackle equipment such as hooks, lines, and other sharp
instruments, discarded fish debris and bait with fishhooks, and other assorted trash which create
a dangerous environment and unsanitary condition for residents and visitors frequenting those
areas; and
WHEREAS, the discarded bait, fishhooks, and monofilament fishing lines scattered
throughout these areas by persons fishing, present an immediate danger to people and to dogs
being walked by nearby residents and other animals; and
WHEREAS, Section 379.2412, Florida Statutes, preempts to the State of Florida the
regulation of saltwater fishing; and
WHEREAS, however, Section 379.2412, Florida Statutes, expressly authorizes local
governments to prohibit saltwater fishing from real property owned by such local government for
reasons of protecting the public health, safety, or welfare; and
WHEREAS, the City owns the bayside street-end properties located at the western ends
of 10th Street, 14th Street, and Lincoln Road; and
WHEREAS, these locations contain seawalls, segments of the Baywalk, pedestrian
pathways, and passive open space intended for public access and recreational use; and
WHEREAS, the City also owns various bridges and viaducts throughout the City; and
WHEREAS, the City Commission finds that fishing activities at these locations presents
hazards including, but not limited to, the presence of fishing hooks, lines, and equipment in these
narrow pedestrian areas; conflicts between anglers and pedestrians; risk of injury from casting;
and impacts to the safe and intended use of these public access areas; and
Docusign Envelope ID: 0E3A36E1-7B3B-8D5E-81B9-74598B754CB6
2
WHEREAS, this prohibition is limited in scope to City-owned property and does not
regulate saltwater fishing generally within the jurisdiction of the City; and
WHEREAS, the Mayor and City Commission find that prohibiting fishing at these City-
owned properties is in the best interest of protecting the health, safety, and welfare of the City’s
residents and visitors.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 82-441 of Chapter 82 of the Code of the City of Miami Beach is hereby
amended as follows:
CHAPTER 82
PUBLIC PROPERTY
* * *
ARTICLE V. BEACHES
Division 1. Generally.
* * *
Sec. 82-441. Fishing from City-owned viaducts and bridges in the jetty area between 29th
and 33rd Streets and in restricted swim areas., and from designated City-owned properties
prohibited.
It shall be unlawful for any person to fish by use of hook-and-line, seine, net, trap, spear, gig, or
other device from any viaduct or bridge, in the jetty area between 29th and 33rd Streets, and in
the restricted swim areas defined in section 82-467 of this Code, in the city.
(a) Definitions.
(1) Designated bayside street-end property means those City-owned properties located
at the western ends of 10th Street, 14th Street, and Lincoln Road, abutting Biscayne
Bay, including any seawall, Baywalk segment, shoreline, landscaped or grassy area,
sidewalk, pathway, or any appurtenant public access area located thereon.
(2) Bridge or viaduct means any bridge or viaduct owned by the City.
(b) Prohibition. For the protection of public health, safety, and welfare, it shall be unlawful
for any person to fish by use of hook and line, seine, net, trap, spear, gig, or any other
device from or upon any designated bayside street-end property, or from or upon any
bridge or viaduct.
Docusign Envelope ID: 0E3A36E1-7B3B-8D5E-81B9-74598B754CB6
3
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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 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 on the _____ day of _________________, 2026.
ATTEST:
_____________________________
Steven Meiner, Mayor
______________________________
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Alex J. Fernandez)
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
_________________ _____
City Attorney MAF Date
Docusign Envelope ID: 0E3A36E1-7B3B-8D5E-81B9-74598B754CB6