This item was initially heard at the March 30, 2022 Finance and Economic Resiliency Committee meeting.

The City has experienced a rise in the number of licensed charter boat operators operating in our waterways during the last several fiscal years.

Citywide Charter Boat BTRs - Fiscal Year 2018-2023

As a result of the increase in charter boat businesses, the Miami Beach Marina has reached full capacity for new permanent businesses.

The Committee received an update of active boat operators and violations issued to unlicensed vessels at their July 29, 2022 and October 31, 2022 meetings. An update of recent Facilities and Fleet Management and Marina regulations was also given at these meetings.

Concurrently, the Public Safety and Neighborhood Quality of Life Committee (PSNQLC) is having discussions on quality-of-life concerns occurring at or near the Marina.  At their  October 31, 2022 meeting, the PSNQLC proposed modifications to vetting BTR renewals for businesses that routinely pose public safety and/or code enforcement concerns.  The PSNQLC recommended changes to the City Code that progressively increase the fines for Business Tax code violations to deter negative behavior.  These changes will be heard, on first reading, at the February 1^st, 2023 Commission meeting.  The proposed changes will assist the City with dealing with Charter Boat operators that refuse to follow the rules.

Docking regulations have been reviewed internally by Administration with input from members of the Finance Department, Code Compliance, Facilities and Fleet Management, and the City Attorney’s Office.

In response to the interdepartmental review, the Facilities and Fleet Management Department and the Miami Beach Marina now are part of the BTR review process for all Charter Boat BTR issuance:

• No new BTR applications for permanent slips will be approved unless a Marina slip space for docking becomes available.

• For charter boats without a permanent docking slip, a Landing Slip Agreement must be first obtained, from the Marina, before their boat may drop off or pick up passengers.

Before obtaining a BTR for a Charter Boat business, the marine applicant must now first obtain:

• Certificate of Use:  Planning and Zoning review of docking locations for loading/unloading.

• Risk Management Division:  comprehensive insurance review of applicant’s insurance to protect the assets of the City.

• BTR: review of compliance with City Code, County Ordinances and State Statutes.

• Facilities and Fleet Management Department:  review of docking space slip availability at the Miami Beach Marina.

• Marine and Waterfront Protection Authority:  advisory review of applications.

RECENT EVENTS

City Administration met with their City of Miami counterparts on August 30, 2022.  As a result of this meeting, the City of Miami Beach and City of Miami Business Tax Sections will be having quarterly meetings to discuss common topics and emerging issues.

The City of Miami acknowledge that they have similar issues with bad boat operators on their waterways.  Their main commercial district Marinas are also at full capacity like the City of Miami Beach.

Like Miami Beach, boat operators violating the City code on the Miami side of operations are issued violations by Code Compliance.  The City of Miami addresses operator issues on the waterways via their Police Marine Patrol, along with Coast Guard assistance.

During the timeframe of January 1, 2021 through January 10, 2023, Code Compliance has issued 580 Notice of Violations at the Miami Beach Marina. In 2021, Code Compliance issued 537 notice of violations for conducting business on public property and failing to have a BTR, compared to 42 notice of violations issued in calendar year 2022. Code has only issued 1 notice of violation for illicit discharge from a vessel in 2023.

As a result of the recently imposed regulations by the City and the Miami Beach Marina, illegal charter operations have been curtailed.

The tightened City regulations, combined with proactive regular Code Compliance enforcement and augmented Police Department Marine patrols, has enabled the City to substantially curtail this business activity.  The joint efforts of Finance, Facilities and Fleet Management, Code, and Police, along with the new Marina regulations and regular Coast Guard enforcement, have inhibited reckless behavior on our waterways.

The Department recommends that no further action be taken until the effects of the proposed new fine system are in place.