KITEBOARD OPERATOR PERMIT FEE

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE V, ENTITLED "BEACHES," BY AMENDING DIVISION 2, ENTITLED "RESTRICTED AREAS," BY AMENDING THE HEADING TO SECTION 82- 468, ENTITLED "WATERCRAFT PROHIBITED IN RESTRICTED SWIM AREAS AND IN CERTAIN NON- RESTRICTED SWIM AREAS; PERMITTED LAUNCH, INGRESS/EGRESS, AND USE AREAS FOR KITEBOARDS; REQUIREMENTS REGARDING SAFETY EQUIPMENT AND DISTANCE," TO INCLUDE REFERENCES TO KITEBOARD OPERATOR PERMITS, DISTANCE SEPARATIONS, AND KITEBOARD LESSONS TO BE CONSISTENT WITH THE TEXT THEREIN; AND, AMENDING APPENDIX "A," ENTITLED "FEE SCHEDULE," TO INCLUDE A FEE FOR THE KITEBOARD OPERATOR PERMIT PROVIDED IN SECTION 82-468(C); PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

The Administration recommends that the Mayor and City Commission approve the subject Ordinance on Second Reading,with the revised provision that the City-issued permit shall be subject to a $46 fee and shall be valid for a period of ten (10) years.

Kiteboard Operator Permitting Process
With adoption of new kiteboarding regulations, staff proposed an Energov permitting process that would be managed through the Finance Department. Kiteboarders may apply for kiteboard operator permits online (Citizen Self Service (CSS) portal account required) or in person at the Customer Service Center, located at 1755 Meridian Avenue (Monday through Friday between 9:00 AM and 5:00 PM). The application process requires completion of an application and submission of specific documentation (government photo ID and kiteboarding certification card), affirmative acknowledgement and acceptance by the applicant of the City’s kiteboarding regulations and penalties, and payment of an annual registration fee, which is proposed to be either $46 or $135 annually (as further described below) to cover the cost of processing the application, the cost of the identification streamer, and the cost of enforcement. Upon application approval, the applicant may obtain its annual permit and identification streamer at the Customer Service Center.

Financial Impact of the Permitting and Enforcement Process
The applicable application fee amount is determined based on the estimated costs to the Finance Department for administering the permitting process and to Code Compliance and Police for enforcement. If the expectation is for Code Compliance to be reactive and respond to kiteboard permit-related complaints, it can be absorbed using existing staffing but will cause a reduction in the service level to other areas of the City as it will take an officer out of service during this time period. Under this enforcement structure, using existing Code Compliance staffing, the annual cost to the City for both administration of the permit process and enforcement is $34,750 annually ($33,750 for administration and $1,000 for Police to enforce illegal lessons), and $173,750 over five years. A permit fee of $46 would be required to cover these costs, based on an estimated 750 permits issued annually. The Finance Department currently charges $45 per Business Tax Receipt (BTR) application.  A Consumer Price Index (CPI) adjustment would be applied to the permit fee annually.    

However, if the expectation is for a Code Compliance Officer (CCO) to actively patrol the beach and monitor potential violations, dedicated staff on ATVs is required during daylight hours. Based on review by staff of local online user forums, ideal kitesurfing conditions exist October – May, typically 3-4 days per week if wind speeds reach 15-20 mph (additional days in summer months may occur but are not consistent). Based upon an estimate of 4 days per week over 35 weeks, active patrol by a CCO would be required 140 days per year. If the beach is patrolled for 10 hours each day, an annual total of 1,400 patrol hours is required. This figure equates roughly to 67% of a full time CCO. Additional staffing and administrative hours would also be required due to the issuance of violations, including case processing and appeals. In order to maintain service levels throughout the remaining areas of the City, a minimum of one additional full time CCO position would be necessary to provide minimal enforcement of the new kiteboarding regulations. The approximate salary cost per CCO (including benefits) is $64,000 per year. The five-year projected cost per COO, with some consideration for annual increase adjustments, is approximately $330,000.

Accordingly, if an additional CCO is hired primarily to enforce kiteboarding regulations, this enhanced enforcement structure would cost the City $98,750 in Year 1 ($33,750 for administration, $1,000 for Police to enforce illegal lessons and $64,000 for a full time CCO), and $503,750 over five years. A permit fee of $135 would be required to cover these costs, based on an estimated 750 permits issued annually.  A Consumer Price Index (CPI) adjustment would be applied to the permit fee annually. 

City Commission First Reading

At First Reading on April 10, 2019, the City Commission was not in favor of a $135 application fee or the hiring of additional personnel to enforce the new regulations. The Commission directed the Administration to meet with representatives of the kiteboarding community regarding the necessity for the fee.  Following adoption on First Reading, the Administration met with Roman Wunderlich, President of Miami Beach Kiteboarders Foundation (MBKF), who offered support of the $46 fee as the permit requirement helps ensure only skilled enthusiasts practice the sport.  To lessen the burden on kiteboarders  of applying for and obtaining an annual permit, as well as to lessen the overall cost of the permit, the Administration and MBKF mutually support extension of the permit validity from one (1) year to ten (10) years.  This serves to relieve the kiteboarders of annual permit renewals and recurring fees. Finally, the effective date of the permit requirement was extended from the prior effective date of April 1, 2019 to October 1, 2019, in order to provide kiteboarders ample time to apply for and obtain permits. 

The Administration recommends adoption on Second Reading of the revised Ordinance, which provides for a permit that is valid for ten (10) years and is available for a fee of $46.

It is anticipated the amount of the permit fee will offset costs to the Finance Department for administering the permit process and the costs to the Police Department for enforcement.  Code Compliance will utilize existing resources for enforcement of the ordinance. Thus, the anticipated financial impact will be budget neutral.