HB 1489 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the designation of Brevard Barrier 2
Island Area as an area of critical state concern; 3
creating s. 380.0553, F.S.; providing a short title; 4
providing legislative findings and intent; designating 5
the Brevard Barrier Island Area as an area of critical 6
state concern; providing guiding principles for 7
development within the area; providing for removal of 8
the designation; providing an effective date . 9
10
Be It Enacted by the Legislature of the State of Florida: 11
12
Section 1. Section 380.0553, Florida Statutes, is created 13
to read: 14
380.0553 Brevard Barrier Island Area; protection and 15
designation as area of critical state concern. - 16
(1) SHORT TITLE.-This section may be cited as the "Brevard 17
Barrier Island Area Protection Act." 18
(2) LEGISLATIVE FINDINGS. -The Legislature finds that the 19
designation of the Brevard Barrier Island Area as an area of 20
critical state concern is necessary for the following reasons: 21
(a) The southern barrier island of Brevard County 22
represents one of the most fragile and endangered coastal 23
ecosystems in North America and the beaches, dunes, coastal 24
scrub, and maritime hammock areas of the barrier island 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ecosystem represent s ome of the most fragile and endangered 26
natural upland communities in the state and nation. 27
(b) The beaches of the region are among the most important 28
nesting grounds for threatened and endangered sea turtles in the 29
Western Hemisphere and the beach runnin g the length of the 30
southern barrier island in Brevard County is home to the largest 31
nesting aggregation of loggerhead sea turtles in the world and 32
the management decisions made in the region have global impacts 33
for the species. 34
(c) The Archie Carr Natio nal Wildlife Refuge is located 35
within the Brevard barrier island and is a significant 36
conservation area designated to protect habitat at the most 37
significant area for loggerhead sea turtle nesting in the world, 38
at the most significant area for green turtle nesting in North 39
America, and for a diverse array of plant and animal species. 40
(d) The Indian River Lagoon, designated as an Estuary of 41
National Significance by the United States Environmental 42
Protection Agency in 1990, borders the western shore of the 43
barrier island and the natural habitats of the barrier island 44
ecosystem protect the water quality and productivity of the 45
Indian River Lagoon. 46
(e) The salt water recreational fishery of the Indian 47
River Lagoon generates hundreds of millions of dollars pe r year 48
in local economic benefit. 49
(f) Density limitations and natural resource protection on 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the barrier island has decreased public tax burdens associated 51
with the provisions of services, building and maintenance of 52
infrastructure for barrier island res idential developments, and 53
public costs for rebuilding public and private structures 54
following severe erosion events. 55
(g) Protection of the primary dune system of the barrier 56
island provides the only protective buffer for local development 57
from storm surges associated with tropical storms and 58
hurricanes. 59
(h) The entirety of the barrier island lies within a zone 60
that is the first to be subject to mandatory evacuation 61
protocols due to the vulnerability of the barrier island in 62
hurricane events and the adv erse impacts of such vulnerability 63
on evacuating safely. 64
(3) LEGISLATIVE INTENT. -It is the intent of the 65
Legislature to: 66
(a) Establish a land use management system that protect 67
that natural environment of the southern Brevard Barrier Island 68
Area. 69
(b) Establish a land use management system that promotes 70
orderly and balanced growth in accordance with the capacity of 71
existing public facilities and services. 72
(c) Protect and improve the Indian River Lagoon ecosystem, 73
including improving water quality of the Brevard Barrier Island 74
Area through federal, state, and local funding of water quality 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
improvement projects. 76
(d) Ensure that the population of the Brevard Barrier 77
Island can be safely evacuated in the event of a hurricane. 78
(4) DESIGNATION.—The Brevard Barrier Island Area, as 79
described in this subsection, is designated as an area of 80
critical state concern. The Brevard Barrier Island Area is that 81
portion of Brevard County formed by the southern boundary of the 82
Town of Melbourne Beach, the Indian R iver as the western 83
boundary, the Atlantic Ocean as the eastern boundary, extending 84
south to the southern boundary of the Sebastian Inlet State 85
Park. Specifically including the following township, ranges, and 86
sections as designated by the Brevard Public La nd Survey System: 87
28-38-17-18, 28-38-20-21, 28-38-28, 28-38-33-34, 29-38-03, 29-88
38-10-11, 29-38-14-15, 29-38-22-24, the barrier island portion 89
only of 29-38-27, 29-38-25-26, 29-38-35-36, 29-39-31, 30-38-01, 90
30-39-06-08, 30-39-17-18, and 30-39-20. 91
(5) GUIDING PRINCIPLES FOR DEVELOPMENT. -State, regional, 92
and local agencies and units of government in the Brevard 93
Barrier Island Area shall coordinate their plans and conduct 94
their programs and regulatory activities to be consistent with 95
all of the following gui ding principles for development within 96
the area: 97
(a) Preventing the adverse impacts of development on 98
resources critical to sea turtle habitat by prohibiting new 99
shoreline hardening structures and enforcing existing state and 100
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county coastal construction regulations. 101
(b) Prioritizing water quality restoration projects in the 102
Indian River Lagoon. 103
(c) Reducing nutrient contributions from septic tanks and 104
wastewater facilities, stormwater discharges, and agriculture 105
non-point sources into the Indian River Lagoon. 106
(d) Supporting innovative, nature -based solutions 107
including living shorelines, and freshwater and coastal wetland 108
restoration. 109
(e) Safeguarding against adverse economic, social, 110
environmental, and public health and safety impacts posed by 111
flooding and storm surge by protecting critical assets 112
identified in s. 380.093. 113
(f) Protecting shoreline and marine resources, including 114
mangroves, seagrass beds, wetlands, sea turtles, manatees, and 115
fish and wildlife, and related habitats. 116
(g) Protecting upland resources, including dune ridges, 117
beaches, wildlife, and related habitats. 118
(h) Limiting the adverse impacts of development on the 119
quality of water throughout the Brevard Barrier Island Area and 120
the Indian River Lagoon. 121
(i) Enhancing natural sce nic resources to promote the 122
aesthetic benefits of the natural environment. 123
(j) Ensuring that development is compatible with the 124
unique barrier island characteristics. 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(6) REMOVAL OF DESIGNATION. - 126
(a) The designation of the Brevard Barrier Island Are a as 127
an area of critical state concern under this section may be 128
recommended for removal upon fulfilling the legislative intent 129
under subsection (3) and completion of all the work program 130
tasks specified in rules of the Administration Commission. 131
(b) Beginning November 30, 2030, the state land planning 132
agency shall annually submit a written report to the 133
Administration Commission describing the progress of the Brevard 134
Barrier Island Area toward completing the work program tasks 135
specified in the commission rules. The land planning agency 136
shall recommend removing the Brevard Barrier Island Area from 137
being designated as an area of critical state concern to the 138
commission if it determines that: 139
1. Adequate restoration and renourishment programs are in 140
place to preserve the beaches and dunes of the southern barrier 141
island in Brevard County for nesting sea turtles; 142
2. Seagrass replanting in the Indian River Lagoon 143
extending the length of the Brevard Barrier Island Protection 144
Area is in a coverage volume that would establish recovery to 145
scientifically defensible reference targets; 146
3. Nonpoint pollution sources into the Indian River Lagoon 147
that contribute to total phosphorus, total nitrogen, 148
chlorophyll-a, fecal coliform, and metals have been sufficiently 149
reduced to meet water quality criteria standards resulting in 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the removal of the Indian River Lagoon from the impaired waters 151
list; 152
4. The green sea turtle (Chelonia mydas), loggerhead sea 153
turtle (Caretta caretta), and leatherback sea turtle 154
(Dermochelys coriacea) have been delisted from the Florida 155
Endangered and Threatened Species rule and the Florida Marine 156
Turtle Protection Act under s. 379.2431; 157
5. All local comprehensive plans and land development 158
regulations and the administration of such plans and r egulations 159
are adequate to protect the Brevard Barrier Island Area, fulfill 160
the legislative intent specified in subsection (2), and are 161
consistent with and further the principles guiding development; 162
and 163
6. A local government has adopted a resolution at a public 164
hearing recommending the removal of the designation. 165
Section 2. This act shall take effect July 1, 2023. 166