HomeMy WebLinkAbout2006-26413 Reso
RESOLUTION NO. 2006-26413
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA URGING THE FLORIDA LEGISLATURE TO
STRENGTHEN VESSEL SAFETY REGULATIONS WITH
REGARD TO PERSONAL FLOTATION DEVICE
REQUIREMENTS FOR .CHILDREN TO CONFORM
WITH FEDERAL REGULATIONS THAT ARE STRICTER
WITH REGARD TO CHILD AGE REQUIREMENTS AND
VESSEL LENGTH.
WHEREAS, Section 327.50 of the Florida Statutes requires that persons under six (6)
years of age on any vessel less than 26 feet in length must wear a personal flotation device while
such vessel is underway; and
WHEREAS, pursuant to Section 175.15 of Title 33 of the Code of Federal Regulations,
children under thirteen (13) years of age must either (i) wear an appropriate personal flotation
device approved by the Coast Guard or (ii) be below deck or in an enclosed cabin while a
recreational vessel of any length is underway; and
WHEREAS, Section 175.5 of Title 33 of the Code of Federal Regulations provides that
"States are exempted from preemption by Federal regulations when establishing, continuing in
effect, or enforcing State laws and regulations on the wearing or the carriage of personal flotation
devices directly related to the following subject areas within the jurisdictional boundaries of the
State: (a) children on board any vessel.. ..;" and
WHEREAS, pursuant to Section 175.25 of Title 33 of the Code of Federal Regulations,
the Federal government adopts the regulations of "any State that has established by statute or
rule a requirement under which each child must wear an appropriate PFn (personal flotation
device) approved by the Coast Guard while aboard a recreational vessel" on the waters within
the geographical boundaries of any such State; and
WHEREAS, due to the provisions of Sections 175.25 and 175.5 of the Code of Federal
Regulations, the State of Florida, and not Federal, regulations regarding personal flotation
devices for children on board vessels apply when a vessel is within the jurisdictional waters of
the State of Florida; and
WHEREAS, in the interest of the health, safety, and welfare of children that are on board
vessels within the jurisdictional waters of the State of Florida, State boating regulations should
require a higher standard with regard to personal flotation devices; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach are in favor of
the Florida Legislature adopting State regulations to conform to those Federal regulations
regarding personal flotation devices for children that are more strict by virtue of applying to
children of older age groups and to expand the application of such State regulations to all
vessels, regardless of length.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Florida Legislature
is hereby urged to adopt State standards with regard to personal flotation device regulations for
children that conform to the Federal regulations with regard to child age requirements and vessel
length.
PASSED AND ADOPTED this
~th
day of December, 2006.
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ATTEST:
CITY CLERK
Robert Parcher
APPROVED AS TO
FORM Be LANGUAGE
& FOR e ECUTfON
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MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO:
Jorge M. Gonzalez, City Manager
FROM:
Richard L. Steinberg, Commissioner
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DATE: October 30,2006
SUBJECT: Agenda Item-Resolution Urging the Florida Legislature to Strengthen Vessel Safety
Regulations with Regard to Personal Flotation Device Requirements for Children
I would like to place the following resolution on the December 6th Commission Agenda for
action.
If you have any questions, please feel free to contact my Aide, Ms. Marlene Taylor, at
extension 6087.
RLS/mt
Attachment: Form approved resolution
Cc: Jose Smith, City Attorney
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