At the February 21, 2024 City Commission meeting, at the request of Commissioner Tanya K. Bhatt and later co-sponsored by Commissioner Kristen Rosen Gonzalez, the Mayor and City Commission approved a referral (C4 J) to the Land Use and Sustainability Committee (“LUSC”) to discuss potentially requiring commercial charter vessel operators and houseboats to provide sanitation/pump-out logs evidencing compliance with applicable sanitation laws.

Pursuant to Florida Statute 327.60(4)(d), a municipality may enact and enforce sewage pumpout requirements for live-aboard vessels, floating structures, and commercial vessels, (excluding commercial fishing vessels), within any area of its jurisdiction.

Additionally, and specifically in regard to houseboats, under Florida Statute 327.53(8), the owner or operator of a live-aboard vessel or houseboat that is equipped with a marine sanitation device* must maintain a record of the date of each pumpout of the marine sanitation device and the location of the pumpout station or waste reception facility. Each record must be maintained for 1 year after the date of the pumpout. This subsection does not apply to marine compost toilets that process and manage human waste using marine compost toilet technologies that comply with United States Coast Guard ("USCG") requirements.

Furthermore, pursuant to Florida Statute 327.60(4)(a), local governments may adopt additional requirements for owners or operators of vessels or floating structures that are subject to the requirements of Florida Statute 327.53 to provide proof of proper sewage disposal if the vessel or floating structure is anchored in a mooring field or a “No Discharge Zone”** for longer than 10 days. Ordinances adopted under this section must first be reviewed and approved by the Florida Fish and Wildlife Conservation Commission (“FWC”).

That Administration, therefore, is prepared to further explore the possibility of requiring that any eligible vessel applying for a City of Miami Beach Business Tax Receipt (“BTR”) maintain a sanitation or pump-out log that can be readily shown to both the USCG and the City’s Code Compliance Department upon request during spot-checks of both commercial and private vessels within City jurisdiction.

Personnel from the Miami Beach Police Department’s Marine Patrol Unit, Code Compliance Department, Environment and Sustainability Department and the City Attorney’s Office will be present to further discuss the legality and possibility of mandating BTR requirements and sanctions as well as any other potential regulation methods and environmental implications at the May 1, 2024 LUSC. 

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*Marine Sanitation Device means: equipment, other than a toilet, for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage. Marine sanitation device Types I, II, and III shall be defined as provided in 33 C.F.R. part 159.

**See Florida Statute 327.521 “No Discharge Zones”. (Note: FDEP and FWCC are currently working on establishing all “Aquatic Preserves” as identified under Florida law as declared “No Discharge Zones”. Biscayne Bay is currently listed as an “Aquatic Preserve” pursuant to F.A.C. Chapter 18-20.)

In an effort to better regulate proper sanitary practices by both commercial and private vessels, the Administration is prepared to explore legally requiring sanitation logs as part of the BTR application and renewal process and will further discuss implications at Committee.