Highland Beach legal opinion says town likely can regulate floating vessel platforms; residents sharply divided

Town Attorney Rubin told the Town Commission of the Town of Highland Beach on Jan. 21 that, based on a written memo, "the short answer is it does seem the town has some authority to regulate these floating vessel platforms," but he warned the statute and related state guidance leave several open questions.

The issue matters because floating vessel platforms and floating boat lifts are increasingly common on Highland Beach canals and some residents say they affect navigation, riparian rights and visual access. Rubin told commissioners the state exemption from Department of Environmental Protection permitting (amended most recently in 2023) creates a narrow band of municipal authority: platforms must float, support a vessel, meet size limits and be noncommercial, and they must not create a navigational hazard or "unreasonably infringe upon the riparian rights of adjacent property owners." Rubin said the exemption also treats platforms attached to bulkheads differently from those associated with permitted docks and that local rules for dock-associated platforms cannot be more stringent or inconsistent with the statute's exemption criteria.

The town attorney said he consulted a Florida Department of Environmental Protection attorney and that the agency warned Highland Beach it would likely face pushback if it attempted stricter local rules; Rubin summarized that guidance as: "they should be similar to what we have for docks, or they shouldn't be any more restrictive than what we currently have for docks." He also reviewed a 2005 Florida Attorney General opinion on similar language and noted the courts or the Legislature might ultimately have to clarify preemption questions.

Public comment was extensive. Greg Bobby, a former vice mayor who said he helped collect a petition, told the commission the Belvito neighborhood had produced 75 signatures and that 49 platforms exist there; he said the platforms are important for kayaks, paddleboards and small boats and warned: "The waterfront residents are gonna go as far as necessary to defend their waterfront. We won't be able to use it…this is now becoming a safety issue if you take them away." Martin De Beer, who identified himself as a waterfront homeowner, cited state law and a packet submission from a marine law firm and said, "State law states that local governments cannot impose stricter regulations than what the state require for floating vessel platforms." Several other residents — including Louie Adam, Ron Rami and others — described personal experience using platforms and urged the commission not to restrict them.

Not all speakers opposed regulation. Resident Rick Greenwald said he did not seek to outlaw platforms but argued "there should be some regulations," pointing to Lighthouse Point and other towns that impose setbacks or other standards to address navigational hazards and visual impacts. Greenwald suggested the commission consider an ad hoc group of stakeholders to seek compromise language that balances access, safety and neighbors' riparian rights.

Commissioners and staff highlighted specific technical and legal questions raised by the public: how to measure side property lines into canals (especially at corners), whether platforms used primarily for personal watercraft differ from those used for larger boats, and how local enforcement would proceed when owners self-certify compliance with the state's exemption criteria. Rubin noted the town already requires a one-time registration for platforms not attached to bulkheads and said that enforcement could proceed through that registration process if an allegation of noncompliance arose.

The commission did not introduce an ordinance or set a regulatory deadline. Mayor Moore said the town sought this session as a fact-finding step and summarized the approach: unless the commission has a consensus it typically will not change existing rules. The commissioners present agreed to take no further regulatory action at this meeting and to seek broader community input before proposing code changes.

A likely next step mentioned during the meeting was additional fact-finding and, if pursued, drafting local language that mirrors dock regulations where legally required and that provides clear measurements, registration and procedures for dispute resolution.