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Home My WebLink AboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #18122 Ordinance Sponsored by: Damian Pardo, Commissioner AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 50/ARTICLE IV/SECTION 158 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "SHIPS, VESSELS, AND WATERWAY/MIAMI VESSEL MOORING CODE/RESERVED," TO ALLOW FOR VESSEL ANCHORAGE LIMITATION AS PROVIDED BY SECTION 327.60(2)(F)(3), FLORIDA STATUTES, IN SPECIFIED AREAS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami File ID: 18122 (Revision:) Printed On: 12/23/2025 City of Miami Legislation Ordinance Enactment Number: 14413 File Number: 18122 Final Action Date: 11/20/2025 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 50/ARTICLE IV/SECTION 158 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "SHIPS, VESSELS, AND WATERWAY/MIAMI VESSEL MOORING CODE/RESERVED," TO ALLOW FOR VESSEL ANCHORAGE LIMITATION AS PROVIDED BY SECTION 327.60(2)(F)(3), FLORIDA STATUTES, IN SPECIFIED AREAS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, In 2025, the Florida Legislature passed Chapter 2025-39 Laws of Florida, which amended certain sections of Chapter 327, Florida Statutes, attached and incorporated as Exhibit "A"; and WHEREAS, the Florida Legislature amended Section 327.60, Florida Statutes, to allow local governments to create and enforce certain vessel regulations in order to promote the health, safety, welfare and quality of life in their communities; and WHEREAS, more specifically, Section 327.60(2)(f)(3) provides restrictions for "Vessels anchored for a period of 1 hour or more between one-half hour after sunset and one-half hour before sunrise for more than 30 days in any 6-month period within the jurisdiction of a county with a population of 1.5 million or more, excluding any time the vessel is anchored overnight within the boundaries of a marked mooring field or any time the vessel is anchored overnight for the purpose of completing permitted marine construction, installation, or maintenance work"; and WHEREAS, Miami -Dade County, Florida, of which the City of Miami ("City") is a part, has a population greater than 1.5 million people per the most recent census of 2020 which estimates 2.707 million persons reside in the County; and WHEREAS, also in Chapter 2025-39 Laws of Florida, the Florida Legislature amended Section 327.4108, Florida Statutes, to add 5 more areas of Biscayne Bay to the anchoring limitations area and in total, all areas are now: Palm Island and State Road A1A, Palm Island and Star Island, Palm Island and Hibiscus Island, Palm Island and Watson Island, Rivo Alto Island and Di Lido Island, San Marino Island and Di Lido Island, San Marino Island and San Marco Island, San Marco Island and Biscayne Island, the Sunset Islands, and Sunset Island I and State Road 112; and WHEREAS, it further added a change to Section 324.4109(1)((a)(3), Florida Statutes, prohibiting anchoring or mooring "Within 300 feet outward from the marked boundary of a public mooring field or a lesser distance if approved by the commission upon request of a local government within which the mooring field is located;" and WHEREAS, the map detailing the Overnight Anchoring Area is attached and incorporated as Exhibit "B"; and WHEREAS, the waters subject to this ordinance lie within the corporate boundaries City of Miami File ID: 18122 (Revision:) Printed On: 12/23/2025 of the City and within the Biscayne Bay Aquatic Preserve, an Outstanding Florida Water, that receives special protection under Florida Law; and WHEREAS, the lack of regulation has created a haven for unregulated vessel living which leads to pollution, both physical trash and human waste, being directly emptied into the City waterways causing continued harm to the environment; and WHEREAS, the City expends extra human and financial resources attempting to manage, care for, and make safe City waters due to the proliferation of long-term anchorage; and WHEREAS, the long-term anchorage of vessels without restriction has created an abundance of derelict and abandoned vessels which requires the City to expend its funds or find other funding in order to remove the vessels from the waters; and WHEREAS, the City Commission believes that it is in the best interest of the City community that overnight anchorage in the recognized environmentally sensitive area be restricted; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 50 of the City Code is hereby amended in the following particulars:1 "CHAPTER 50 ARTICLE IV: MIAMI VESSEL MOORING CODE Sec. 50-158. Reserved Overnight Anchoring Limitations; Exemptions; Enforcement; Penalties. Intent. Pursuant to the authority granted by the Florida Legislature, the City of Miami hereby designates the areas defined in Subsection (b) and within its corporate boundaries to be part of the Overnight Anchoring Limitation Area as authorized in Ch. 2025-39, Laws of Florida. ILDj Area Defined. The Overnight Anchoring Limitation Area is defined as: 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami File ID: 18122 (Revision:) Printed On: 12/23/2025 • 11 City ofi li/!iami Anchoring. Areas 1 4-1 .sr Overnight Anchoring. No owner or operator of a vessel or floating structure: (1) Shall anchor or moor such that the nearest approach of the anchored or moored vessel or floating structure is within 300 feet outward from the marked boundary of a public mooring field; and (2) No vessel shall be anchored anywhere within the Overnight Limitation Area for a period of 1 hour or more between one-half hour after Sunset and one-half hour before Sunrise for more than thirty (30) days in any six (6) month period. LQ Exemptions. Vessels not subject to the Overnight Anchoring Limitations are: Vessel anchored within the boundaries of a marked mooring field. gj Vessels anchored overnight for the purposes of completing permitted marine construction, installation or marine work. Vessels owned by a governmental entity or otherwise operated at the request of a governmental entity for a government purpose. Commercial fishing vessels as defines in Section 327.02(6), Florida Statues, as amended. A vessel actively engaged in recreational fishing if the persons onboard are actively tending hook and line fishing gear or nets. Oj Imminent or existing weather conditions pose an unreasonable risk of harm to the vessel or persons aboard until such conditions have passed. Enforcement. This Section shall be enforced by the City of Miami Police Department, Code Compliance Department or any other law enforcement agency having jurisdiction in the Overnight Anchoring Limitation Area. It may be enforced as follows: Warning Notice. A Warning Notice shall be affixed to the violating vessel. The warning notice shall include the date of violation, location of vessel, time of violation, section of the City Code and timeframe in which the violation is occurring. The warning shall also list future penalties and state the vessel needs to be removed in compliance with Section 50.158 of the City Code. City of Miami File ID: 18122 (Revision:) Printed On: 12/23/2025 Civil Infraction. The Civil Infraction shall contain all the relevant information provided for in Section 50.158(e)(1) as well as comply with the requirements of Chapter 2, Article X of the City Code. A. The Civil Infraction fine shall be $500.00, the maximum allowed by Florida Statutes. B. A Civil Infraction may be issued for each day the violation remains in existence. C. Notice affixed to the Vessel shall constitute good notice and notice via certified mail to the Vessel owner of record shall be accomplished if the information is obtainable. D. Vessel owner may appeal any issued Civil Infraction as provided in Section 2- 825 of the City Code, as amended, and all appeals filed under this Section shall be set on the next available appeal hearing date. Alternate Remedies. The provisions of this Section are not the exclusive remedy or means for enforcement of the Code of the City including the filing of injunctive relief for removal of Vessel. The City's access to the courts of the State is neither precluded nor prohibited by the enactment of this Section. *„ Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: rge Wyy ng III; City ttor -y 9/16/2025 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein. whichever is later. City of Miami File ID: 18122 (Revision:) Printed On: 12/23/2025