Key West's cruise ship ban is apparently no more.

Florida Governor Ron DeSantis (R) signed FL CS/CS/CS/SB 1194 (2021) Transportation Bill, which includes a provision that would not allow local referendums to impact commerce in Florida ports.

In November 2020, Key West residents voted to approve a limit on cruise ship traffic to Key West. The three proposals effectively ban large cruise ships from Key West, such as the entire fleet of Royal Caribbean vessels.

Key West's referendums limited cruise ship visitors to a total of 1,500 per day; prohibited ships with a capacity of 1,300 or more from disembarking passengers; and gave priority docking to cruise lines with the best environmental and health records.

S. 1194 includes new legislation that says a 'local ballot initiative or referendum may not restrict maritime commerce' in Florida ports ports.

The new law says a local ballot initiative or referendum may not restrict ships based on "vessel type, size, number, or capacity."

It also does not allow prohibiting a ship based on "number, origin, nationality, embarkation, or disembarkation of passengers or crew."

Originally, Florida State Senator Jim Boyd of District 21 introduced a bill to overturn Key West's ban, but that bill ended up stuck in the Florida House.

State Senator Boyd indicated in the bill that allowing cities to have its own rules about "maritime commerce" could create a problem for the state.

"Allowing each local government in which a Florida seaport is located to impose its own requirements on the maritime commerce conducted in that port could result in abrupt changes in the supply lines bringing goods into and out of this state, thus disrupting Florida’s economy and threatening the public’s health, safety, and welfare."

The proposed law then got included as part of this new transportation bill and quickly made its way through Florida's legislature to await signature from Governor DeSantis.

A bill proposed to block municipalities from limiting maritime commerce in Florida's major ports has been scrapped, for now.

In November 2020, more than half of Key West-based voters passed referendums limiting the size of cruise ships, the number of daily passengers and cruise lines with poor environmental records from calling on the island's cruise port.

Under the new measures, the maximum number of passengers in port will not be allowed to exceed 1,500 per day, and ships carrying more than 1,300 passengers will not be allowed to call. That effectively excludes all modern vessels from major lines like Royal Caribbean, Carnival and Norwegian Cruise Line.

What is Senate Bill 426, the bill in question?

In response to the November vote, Republican Representative Spencer Roach and Senator Jim Boyd (R-Bradenton) introduced a broad bill -- SB 426, "State Preemption of Seaport Regulations" -- that aimed to undermine the new Key West regulations and block similar types of restrictions from taking effect at the local level in Florida's other deep-water seaports.

The bill focuses on the economic benefits that come with seaport operations and proposes to restrict the ability of local governments to limit maritime traffic.

Boyd previously said that allowing cities to have their own rules about maritime commerce could cause problems for the Sunshine State.

"Allowing each local government in which a Florida seaport is located to impose its own requirements on the maritime commerce conducted in that port could result in abrupt changes in the supply lines bringing goods into and out of this state, thus disrupting Florida's economy and threatening the public's health, safety, and welfare."

Following pushback from the local governments at which the original bill was aimed, Roach and Boyd revised the bill several times -- so much so that it eventually targeted Key West, specifically.

Although the bill recently passed in the Senate, 25-14, officials have questioned whether the bill's limitations are constitutional at a local level.

The bill, as currently written, deals generally with maritime restrictions and would, therefore, likely not be enforceable with regard to individual municipalities, such as Key West.

As a result, the bill will not come before the House for a vote during the current session. But, as reported by the Miami Herald, Roach said he hopes to revise it and bring it back for consideration again next year.

What else is happening in Florida?

In early April, Florida Governor Ron DeSantis filed a lawsuit against the United States Government in an attempt to force the Centers for Disease Control and Prevention and other agencies to allow cruise ships to resume sailing.

The cruises have been barred from operating out of U.S. ports since March 2020, and DeSantis says it's time to put those who rely on the cruise industry for employment back to work.

The CDC revoked its no sail order in October 2020, replacing it with a conditional sailing framework, outlining what cruise lines would need to do in order to receive approval to restart operations in America.

Since that time, cruise lines have implemented new health and safety protocols, but the CDC has done little to allow ships to progress to the next step in the process -- non-revenue test sailings.

Key West's cruise ship ban is one step potentially closer to getting undone.

A new bill in Florida's state legislature that would supersede Key West's initiative to limit cruise ship activity has passed the Florida Senate.

Senate Bill 426, known as the "State Preemption of Seaport Regulations", passed a vote in Florida's senate in a 24 to 14 vote.

One senator did not vote.

The bill would essentially bypass Key West's city ordinance that prohibits most cruise ship traffic.

In November 2020, Key West residents voted to approve a limit on cruise ship traffic to Key West. The three proposals effectively ban large cruise ships from Key West, such as the entire fleet of Royal Caribbean vessels.

Key West's referendums limited cruise ship visitors to a total of 1,500 per day; prohibited ships with a capacity of 1,300 or more from disembarking passengers; and gave priority docking to cruise lines with the best environmental and health records.

Florida State Senator Jim Boyd of District 21 introduced a new bill that would "restrict or regulate commerce in the seaports", such as Key West.

The bill spells out the economic benefit Florida's ports have, and proposes to disallow local government's ability to restrict communities or cities from limiting maritime traffic.

State Senator Boyd indicated in the bill that allowing cities to have its own rules about "maritime commerce" could create a problem for the state.

"Allowing each local government in which a Florida seaport is located to impose its own requirements on the maritime commerce conducted in that port could result in abrupt changes in the supply lines bringing goods into and out of this state, thus disrupting Florida’s economy and threatening the public’s health, safety, and welfare."

Not at the finish line yet

Passing a vote in Florida's senate is an important milestone, but the bill is not yet law.

It needs to next pass the Florida House of Representatives before becoming law.

In addition, the House vote has not yet been scheduled.

Opposition to the bill

Leading the fight against the bill is the same group that championed Key West's legislation, Key West Committee for Safer Cleaner Ships.

"Everybody who lives in the Florida Keys over the past year without the large cruise ships noticed the waters like a miracle get clearer," said Arlo Haskell with the Key West Committee for Safer Cleaner Ships.

Mr. Haskell said cruise revenue accounts for about seven percent of all tourist spending in Key West in a normal year. Ships will continue to dock, he notes, although only the smaller ones.

"The goal is to make Key West the premier small-ship destination," Haskell said.

In addition, Mr. Haskell indicated he is working to get a veto by Florida Governor Ron DeSantis, "We’re still working to lobby the House chamber, and are focused on getting the governor to veto it if it passes the House."

Following Key West voting to ban cruise ships, scheduled stops are being cancelled.

In November 2020, Key West voted to ban large cruise ships and now Royal Caribbean is informing guests their ship will not visit the island.

An email sent to guests sailing on a Radiance of the Seas sailing on December 5, 2021 informed them that due to "recent cruise regulations", the scheduled stop in Key West has been replaced with a visit to Perfect Day at CocoCay.

Read more: Do's & Don'ts of Perfect Day at CocoCay

Due to recent cruise regulations, we must replace our visit to Key West, Florida. Instead, we'll visit our extraordinary private destination, Perfect Day at CocoCay. 

We know how much time and effort go into planning your vacation, and we're sorry for any inconvenience caused by this. 

Any pre-paid shore excursions scheduled for Key West, Florida will be refunded to the original form of payment.

The itinerary change is a result of Key West residents voted to approve a limit on cruise ship traffic to Key West.

There has been some debate within the State of Florida about the validity of such a ban, but in the meantime it appears Royal Caribbean is moving forward with changing their schedules.

The new rules for Key West that passed are as follows:

• Limit the number of daily cruise ship visitors at 1,500
• Prohibit cruise ships with 1,300 passengers or more from docking
• Give docking priority to cruise lines that have the best health and environmental records

All three proposals passed with 63.34%, 60.7% and 81.19% voting yes, respectively.

None of Royal Caribbean's cruise ships are small enough in capacity to be admissable under the new Key West laws.

Key West is not a major destination for Royal Caribbean cruise ships, with a few ships making stops at the island periodically, primarily smaller or older ships, such as Brilliance of the Seas.

New legislation introduced to the Florida Legislature looks like it could override the recent ban of cruise ships by residents of Key West.

In November 2020, Key West residents voted to approve a limit on cruise ship traffic to Key West. The three proposals effectively ban large cruise ships from Key West, such as the entire fleet of Royal Caribbean vessels.

Florida State Senator Jim Boyd of District 21 introduced a new bill that would "restrict or regulate commerce in the seaports", such as Key West.

The bill spells out the economic benefit Florida's ports have, and proposes to disallow local government's ability to restrict communities or cities from limiting maritime traffic.

Notwithstanding any other law to the contrary, a local government may not restrict or regulate commerce in the seaports of this state, as listed in s. 311.09, including, but not  limited to, regulating or restricting a vessel’s type or size, source or type of cargo, or number, origin, or nationality of  passengers. All such matters are expressly preempted to the state.

The wording of the proposed bill seems it could contradict Key West's voter-approved amendments to the City Charter.

The new rules for Key West that passed are as follows:

• Limit the number of daily cruise ship visitors at 1,500
• Prohibit cruise ships with 1,300 passengers or more from docking
• Give docking priority to cruise lines that have the best health and environmental records

The group behind the proposal, Key West Committee for Safer Cleaner Ships, said they expected a legal challenge like this to occur after the referendum was passed, "While we expect corporate powers to challenge the new laws in court and in the monied halls of Tallahassee, one thing is certain: the City Commission now has an unquestionable mandate to defend this legislation against any and all opponents."

State Senator Boyd indicated in the bill that allowing cities to have its own rules about "maritime commerce" could create a problem for the state.

"Allowing each local government in which a Florida seaport is located to impose its own requirements on the maritime commerce conducted in that port could result in abrupt changes in the supply lines bringing goods into and out of this state, thus disrupting Florida’s economy and threatening the public’s health, safety, and welfare."

Following the November election, private Key West businesses (such as the owner of the pier) voiced their displeasure with the law and indicated legal action could follow.

The only Royal Caribbean cruise ships small enough to visit Key West would be the Vision or Radiance Class ships, such as Brilliance of the Seas or Vision of the Seas.

Royal Caribbean has not altered any scheduled sailings that include a stop in Key West as of yet.

In 2019, Key West had its busiest year with 417 cruise ship visits that brought 965,000 passengers.

The City of Key West officially certified the results of a recent referendum that limits cruise ship traffic to Key West.

The residents of Key West voted on November 3 to approve three proposals that would effectively ban large cruise ships from Key West, and the results of the voting were certified this week by Monroe County Supervisor of Elections R. Joyce Griffin.

The voter-approved amendments to the City Charter have now been authenticated by Mayor Teri Johnston and filed with City Clerk Cheryl Smith.

The final tally for the three new laws of Key West are as follows:

Limiting persons disembarking from cruise ships to 1,500 per day.
YES: 8,186 (63%)
NO: 4,743 (27%)

Prohibiting cruise ships with a capacity of 1,300 or more persons.
YES: 7,852 (61%)
NO: 5,087 (29%)

Prioritize cruise lines with the best environmental and health records.
YES: 10,587 (81%)
NO: 2,453 (19%)

The group behind the proposal, Key West Committee for Safer Cleaner Ships, celebrated the certification with its backers and vowed to defend the new laws against any legal challenges, "After 30+ years of rising dissatisfaction with the effects of unregulated cruising, the people of Key West have spoken loud and clear.

"And while we expect corporate powers to challenge the new laws in court and in the monied halls of Tallahassee, one thing is certain: the City Commission now has an unquestionable mandate to defend this legislation against any and all opponents."

How will this affect Royal Caribbean cruises?

The newly certified laws will prohibit any Royal Caribbean ship from being able to visit Key West, since the capacity of even the smallest Royal Caribbean International ship exceeds the prohibition set forth by the prohibition on a ship with a capacity of more than 1,300 passengers.

The bigger question is what legal hurdles will these new laws face, as even the Safer, Cleaner Ships organization recognizes private businesses in Key West (such as the owner of the pier) may challenge these laws.

A few Royal Caribbean ships were small enough to dock in Key West, such as Brilliance of the Seas, Majesty of the Seas and Radiance of the Seas.

There has been no official word on what might happen to these itineraries, and if visits to Key West will be replaced by another port visit or a sea day.

In 2019, Key West had its busiest year with 417 cruise ship visits that brought 965,000 passengers.

Cruise fans not happy with new laws

Cruise fans that enjoyed being able to visit Key West on a cruise without the long drive from Miami shared their displeasure with the new laws on the RoyalCaribbeanBlog message boards.

karl_nj lamented that he may never visit Key West as a result of the laws, "I had always wanted to visit Key West, but never got around to it.  I figured visiting via cruise ship would have been my best bet; i don't really envision myself flying to Florida, renting a car, and driving all the way down to Key West.  Oh well,  plenty of other places to visit and spend money."

FManke was surprised any city would want to turn away business given the current economic climate, "With what's going on these days and the uncertain future, I can't see anybody turning away business."

The voters of Key West approved a referendum during last night's election to limit cruise ship traffic to the city.

Three different referendums to limit cruise ship traffic passed, which will ban large cruise ships completely, as well as limit small cruise ship traffic.

The new rules for Key West that passed are as follows:

• Limit the number of daily cruise ship visitors at 1,500
• Prohibit cruise ships with 1,300 passengers or more from docking
• Give docking priority to cruise lines that have the best health and environmental records

All three were approved by majorities of more than 60 percent, with the "giving priority to cruise lines that have the best environmental and health records" proposal passing at over 80%.

All three proposals passed with 63.34%, 60.7% and 81.19% voting yes, respectively.

Safer, Cleaner Ships is the organization that lobbied and pushed for the referendums.

Key West was a minor port of call for Royal Caribbean, with a few ships stopping there periodically, primarily smaller or older ships, such as Brilliance of the Seas or Majesty of the Seas.

Now that the referendums have passed, they are binding, meaning they will change the city’s charter. 

The Miami Herald reports that a court case could be coming between the city and the private ownership of the pier.

In 2019, Key West had its busiest year with 417 cruise ship visits that brought 965,000 passengers.

Cruise line impact

Naturally, many are curious what impact cruise lines had economically on Key West.

Cruise Lines International Association (CLIA) commissioned a study of the comparative visitor economic impacts for Key West in August 2020, and it appears cruise passengers brought 7% of the total spend to the island.

"Cruise visitors contribute about $73 million in visitor spending, or about 7% of the $1.2 billion of total visitor spending in Key West."

The study did note that while cruise passengers do not pay for hotels or flights, they do "contribute a decidedly higher proportion of visitor spending in the food and beverage, retail, and recreation sectors."

"Of these sectors, cruise visitors contribute about 12% of direct visitor spending."

CLIA concluded that "the drastic reduction in cruise visitor spending would irreparably harm the long-term economic health of the community."

Cruise fans react

The news that Key West has banned large cruise ships was a mix of surprise and disdain among cruise fans.

Many cruisers shared on the RoyalCaribbeanBlog message boards they felt Key West's voters made a foolish decision in the long run.

monctonguy thinks the long-term effect may prove to be a bad decision, "wonder if after a few years they will regret this especially with the hit that tourism is taking worldwide currently."

rjweber3 feels there may be a larger legal battle looming, "The privately owned pier would probably be litigating with the city.  The owners of the pier just took a terrible hit to their bottom line."

Royal Caribbean's Shore Excursions offerings are now featuring some inexpensive shore excursions for guests on shorter sailings to Nassau, Bahamas and Key West, Florida.  Many of our readers are always interested in good and low-cost shore excursion options, so perhaps some of these will be helpful.

Through March 7, 2017, guests sailing on Empress of the Seas, Majesty of the Seas and Enchantment of the Seas can take advantage of these fun and inexpensive tours.

Nassau Tours

• Best of Nassau and Fish Fry - $19
• Rainbow Reef Snorkel - $29
• Beach Express at Pearl Island - $39
• Glass Bottom Boat Tour - $29
• Local Evening Performance - $29
• Sunset Harbour Cruise - $29

Key West Tours

• Shipwreck Treasure Museum & Aquarium - $19
• Hop-On-Hop-Off Conch Tour Train and Aquarium - $29
• Key West Pub Crawl Tour - $39
• Ghosts and Gravestones Frightseeing Tour - $29
• Hemingway Home and Sloppy Joes - $39
• A Taste of Key West - $39

On Wednesday, residents of Key West, Florida discussed plans to dredge the channel to allow larger cruise ships to visit the city.  Royal Caribbean warned without such a dredging, Key West would simply be passed over by it and other cruise lines.

According to a reconnaissance study by the U.S. Army Corps of Engineers, the project would be economically viable and cost about $35 million.

There are opponents to the plan who cite economic and environmental concerns.

Key West's Director of Port Operations, Jim Fitton, is worried that without dredging the channel, Key West will simply be bypassed by Royal Caribbean and other cruise lines on their way to Mexico.

Fitton told the room of residents, "They'll bypass us and go straight to Mexico. Royal Caribbean used to be our biggest client. In a couple of years, it'll be down to no boats; that's where we're going. "

Some residents wanted to know who exactly made the statement that Key West would be crossed off itineraries.  In response, Fitton named Royal Caribbean's vice president of government relations for the Caribbean, Latin America and Asia Michael Ronan.

In an email Ronan sent to Fitton earlier this month,  "All ships we have built and are planning to build since 2005... cannot call Key West under present channel conditions. We operate our newest, largest ships in the Florida/Gulf and East Coast itineraries.

As we bring on our newer vessels they replace older, smaller ones on the preferred U.S. itineraries. We presently operate routes that would call Key West if the channel could accommodate them.

With the opening of the new larger locks in the Panama Canal [scheduled for a 2014 completion] our ship designs for the forseeable [sic] future will be of a size that will not be able to call Key West if the channel is not modified. "

Key West officials are considering a plan to widen the shipping channel into Key West that would allow larger cruise ships to visit the iconic island.

The city council is considering the plan and wants input from its residents as well as consider the economical and environment impact dredging would have.

By enlarging the channel, ships like Royal Caribbean's Oasis of the Seas could stop at Key West.  Currently Oasis is too big for Key West, but dredging would allow a ship like Oasis to make a stop there.

City Manager Jim Scholl cautions the plan is still in its infancy but it's a step in the right direction, "It's just a presentation and discussion.  The commission will hear about all the aspects of the channel-widening project and what the true impact of that proposal will be for Key West being a port of call for the cruise-ship industry. And really whether or not the commission will want to support the next step."