HomeMy Public PortalAbout2014-19 Urging the Florida Fish and Wildlife Conservation Commission to adopt and emergency rule establishing a motorized vesselRESOLUTION NO. 2014-19
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, URGING THE
FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION TO ADOPT AN EMERGENCY RULE
ESTABLISHING A MOTORIZED VESSEL EXCLUSION
ZONE WITHIN THE MASHTA FLATS AND TO COMMENCE
FORMAL RULEMAKING RELATED TO THE SAME;
PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Mashta Flats is a multi -acre sandbar in the shallow waters of Biscayne Bay
located off the Village of Key Biscayne (the "Village"), which is often frequented by boaters as a
party destination on the weekends and holidays; and
WHEREAS, over the last couple of years, there has been 3 deaths, two life changing
permanently disabling injuries, 15 reported boating accidents totally over $200,000 in damage, and
156 citations at the Mashta Flats; and
WHEREAS, such recent accident reports and uniform boating citations have clearly
demonstrated that there is a significant threat to boating safety and the safety of the public at the
Mashta Flats; and
WHEREAS, the Florida Fish and Wildlife Conservation Commission (the "FWC") has the
authority to establish a vessel exclusion zone to protect the safety of boaters and the public in
accordance with Section 327.46, Florida Statutes; and
WHEREAS, the Village Council urges the FWC to take immediate action to prevent future
accidents and injuries from occurring at the Mashta Flats by: (1) adopting an emergency rule
establishing a temporary motorized vessel exclusion zone; and (2) commencing formal rulemaking
to establish a permanent motorized vessel exclusion zone; and
VILLAGE ATTORNEY
WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare
of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. Each of the above stated recitals are hereby adopted,
confirmed and incorporated herein.
Section 2. Vessel Exclusion Zone. The Village Council hereby urges the FWC to: (1)
adopt an emergency rule establishing a temporary motorized vessel exclusion zone within the Mashta
Flats; and (2) commence formal rulemaking to establish a permanent motorized vessel exclusion
zone within the Mashta Flats.
Section 3. Transmittal. The Village Clerk is hereby authorized to transmit this
Resolution to the FWC.
Section 4. Effective Date. This Resolution shall be effective immediately upon
adoption.
PASSED AND ADOPTED this 27th day of May
ATTEST:
Y R FRANKL H. CAPLAN
CONCHITA H. ALVAREZ, MMC, VILLAGE CLE
APPROVED AS TO FORM AND LEGAL SUFFICIE
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