HomeMy WebLinkAboutBIE - Repealing Section 10-21 Shore-Based Shark Fishing Prohibited (6/30/2026)
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: July 22, 2026
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 10, ENTITLED “ANIMALS,” BY REPEALING SECTION 10-
21, ENTITLED “SHORE-BASED SHARK FISHING PROHIBITED; DEFINITIONS;
PENALTIES”; 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
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.
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Business Impact Estimate
Page 2
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: None.
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Ordinances - R5 M
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J. Dopico
DATE:June 24, 2026 9:47 a.m. First Reading Public Hearing
TITLE:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10, ENTITLED “ANIMALS,” BY
REPEALING SECTION 10-21, ENTITLED “SHORE-BASED SHARK FISHING
PROHIBITED; DEFINITIONS; PENALTIES”; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed ordinance, sponsored by Vice-Mayor Laura Dominguez, is submitted for
consideration by the Mayor and City Commission.
On or about February 5, 2026, the Mayor and City Commission of the City of Miami Beach, Florida
unanimously adopted Ordinance No. 2026-4800, relating to restrictions on certain shore-based
fishing activities, with all such elected officials co-sponsoring the Ordinance.
Following adoption of the Ordinance, the City has continued to evaluate and review the scope of
applicable State law governing marine and fisheries-related regulations, including provisions
addressing saltwater fishing and related activities. The City has also consulted with the Florida
Fish and Wildlife Conservation Commission (“FWC”), including legal counsel for the FWC,
regarding the Ordinance and related regulatory considerations, and such consultation has further
informed the City’s determination regarding the most appropriate course of action.
Likewise, the City recognizes that certain aspects of saltwater fisheries regulation are addressed
through state law and statewide regulatory programs, and desires to ensure that the City Code
remains consistent with applicable legal authorities. Pursuant to Section 57.112, Florida Statutes,
“[i]f a civil action is filed against a local government to challenge the adoption or enforcement of
a local ordinance on the grounds that it is expressly preempted by… state law, the court shall
assess and award reasonable attorney fees and costs and damages to the prevailing party”; and
At this juncture, the City has received written notice alleging that Ordinance No. 2026-4800 is
expressly preempted under Section 379.2412, Florida Statutes. So, upon further consideration
and in the interest of avoiding the cost and uncertainty of litigation, the proposed Ordinance would
serve to repeal Ordinance No. 2026-4800, as codified in Section 10-21 of the City Code.
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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/
Does this Agenda Item support the Strategic Plan?:
N/A.
If so, specify what Objective(s):
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)
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Condensed Title
9:47 a.m. 1st Rdg, Repeal Sec. 10-21, Shore-Based Shark Fishing Prohibited. (LD) CA
Previous Action (For City Clerk Use Only)
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ORDINANCE NO._
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING CHAPTER 10,ENTITLED "ANIMALS,"BY
REPEALING SECTION 10-21,ENTITLED "SHORE-BASED SHARK FISHING
PROHIBITED;DEFINITIONS;PENAL TIES";AND PROVIDING FOR REPEALER,
SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
WHEREAS,on or about February 5,2026,the Mayor and City Commission of the City of
Miami Beach,Florida unanimously adopted Ordinance No.2026-4800 (the "Ordinance"),relating to
restrictions on certain shore-based fishing activities,with all such elected officials co-sponsoring the
Ordinance;and
WHEREAS,following adoption of the Ordinance,the City has continued to evaluate and
review the scope of applicable state law governing marine and fisheries-related regulations,including
provisions addressing saltwater fishing and related activities;and
WHEREAS,the City has also consulted with the Florida Fish and Wildlife Conservation
Commission (FWC"),including legal counsel for the FWC,regarding the Ordinance and related
regulatory considerations,and such consultation has further informed the City's determination
regarding the most appropriate course of action;and
WHEREAS,the Mayor and City Commission recognize that certain aspects of saltwater
fisheries regulation are addressed through State law and statewide regulatory programs,and desires
to ensure that the City Code remains consistent with applicable legal authorities;and
WHEREAS,pursuant to Section 57.112,Florida Statutes,"[i]f a civil action is filed against a
local government to challenge the adoption or enforcement of a local ordinance on the grounds that
it is expressly preempted by...state law,the court shall assess and award reasonable attorney fees
and costs and damages to the prevailing party";and
WHEREAS,the City has received written notice alleging that Ordinance No.2026-4800 is
expressly preempted under Section 379.2412,Florida Statutes;and
WHEREAS,upon further consideration and in the interest of avoiding the cost and uncertainty
of litigation,the City Commission finds it appropriate to repeal Ordinance No.2026-4800,as codified
in Section 10-21 of the City Code.
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 10-21 of Chapter 10 of the Miami Beach City Code is hereby repealed
in its entirety as follows:
CHAPTER 10-ANIMALS
***
Sec.10-21.Shore based shark fishing prohibited;definitions;penalties.
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(a)Definitions.For purposes of this section,the following terms shall have the definitions
provided herein.
(1)Shark shall have the same meaning as set forth in Florida Administrative Code section
68B 44.0022)
(2)Shore-based shark fishing shall mean the targeting-or harvesting-of any-species
of shark when fishing-from the shore,wade fishing,or fishing from any structure
attached to the shore including,but not limited to,any bridge,pier,dock,or jetty.Fishing
from the shore,or any structure attached to the shore,by or with any of the following
gear or methods,shall constitute shore based shark fishing irrespective of the species
targeted or harvested.
a-Fishing with a metal leader greater than four (4)feet in length.
b.Using a fighting belt,fighting harness,or similar device in conjunction with a fishing
rod to give the angler a mechanical advantage when reeling in a fish.
c.Deploying bait by any means other than casting from the shore or casting while wade
fishing,including,but not limited to,transporting or dropping the bait by or from a
vessel,surfboard,drone,or by swimming.
d.Deploying a baited hook for which the maximum distance measured between two points
inside the curve created by the hook exceeds 1.1 inches,when measured at the widest
dimension.
(b)Prohibitions.
(1)Notwithstanding the possession of a permit or license issued pursuant to Florida
Administrative Code section 68B.44.009(3)or 50 CF.R.section 635.4,no person shall
participate in shore based shark fishing in the jurisdictional waters of the City.
(2)Any person who accidentally catches a shark in violation of this section 10-21 while
fishing from the shore shall immediately release such shark at the site of capture,without
unnecessary harm.Delaying the release of a shark for any period of time longer than
necessary to remove the hook or other fishing tackle is prohibited.If the hook cannot be
removed quickly,either the hook must be cut,or the leader must be cut as close to the
hook as possible,in order to remove as much fishing tackle as practicable without
delaying release of the shark.
(c)Penalties.Any violation of this section shall be punished by imprisonment for a term not
exceeding 60 days or by a fine not exceeding $500.00,or by both such fine and
imprisonment,in accordance with section1 14 of the City Code.
SECTION 2.REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same 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 on the 1°day of August,2026.
ATTEST:
Steven Meiner,Mayor
Rafael E.Granado,City Clerk
Underline denotes additions.
Strikethrough denotes deletions.
(Sponsored by Vice-Mayor Laura Dominguez)
APPROVED AS TOFORM&LANGUAGE
C0 ECUTION
6)e le t
cA4 Woo
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