HomeMy WebLinkAboutBack-Up from Law Dept FR/SRCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
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TO: Mark Burns, Director
Public Facilities
FROM: Rafael Suarez -Rivas, Assistant City Attorney
DATE: September 23, 2014
RE: Dinner Key Marina - Idle Speed/No Wake Zone Ordinance
Matter ID No.: 14-1866
You have requested an informal legal opinion on the following issue:
Do municipalities have the authority to establish boating -restricted areas by
ordinance?
Municipalities have the authority to establish boating -restricted areas by ordinance
where the boundaries of the idle speed/no wake boating -restricted area is within 500
feet of a marina and the marina is available for use by the general public.
Florida Statute Section 327.46(1)(b) entitled "Boating -restricted areas"1 provides:
Municipalities and counties have the authority to establish the following
boating -restricted areas by ordinance: An ordinance establishing an idle
speed, no wake boating -restricted area, if the area is: Within 500 feet of
any boat ramp, hoist, marine railway, or other launching or landing facility
available for use by the general boating public on waterways more than
300 feet in width or within 300 feet of any boat ramp, hoist, marine
railway, or other launching or landing facility available for use by the
general public on waterways not exceeding 300 feet in width. Within 500
feet of fuel pumps or dispensers at any marine fueling facility that sells
motor fuel to the general boating public on waterways more than 300 feet
in width or within 300 feet of the fuel pumps or dispensers at any licensed
terminal facility that sells motor fuel to the general boating public on
waterways not exceeding 300 feet in width.
Florida Administrative Code Regulation 68D-21.001 entitled "Requirements for
Applications"2 provides:
(1) Approval by the Florida Fish and Wildlife Conservation
Commission is not required for ordinances adopted pursuant to Section
327.46(1)(b), F.S. Regulatory markers necessary for implementing those
1 Cf. Fla. Stat. §327.46 "Boating -restricted areas." (2009).
2 Cf. Florida Administrative Code, codified as 68D-21.001 "Requirements for Applications" F.A.0 (2010).
Doc. No.: 486239
ordinances must be permitted as required in Sections 327.40 and 327.41, F.S., and
as provided in Chapter 68D-23, F.A.C.'
Municipalities have the authority to establish boating -restricted areas by ordinance for
public marinas. The boating -restricted area must be within the statutorily defined boundaries of
500 feet from any launching area, landing area, or fuel dispenser in waters that are 300 feet
wide. An ordinance establishing a boating -restricted area beyond the statutorily defined
boundaries requires approval from the Florida Fish and Wildlife Conservation Commission.
Doc. No.: 486239