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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
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 construction; pro viding an 9
effective date. 10
11
Be It Enacted by the Legislature of the State of Florida: 12
13
Section 1. Section 380.0553, Florida Statutes, is created 14
to read: 15
380.0553 Brevard Barrier Island Area; protection and 16
designation as area of critical state co ncern.- 17
(1) SHORT TITLE.-This section may be cited as the "Brevard 18
Barrier Island Area Protection Act." 19
(2) LEGISLATIVE FINDINGS. -The Legislature finds that the 20
designation of the Brevard Barrier Island Area as an area of 21
critical state concern is nece ssary for the following reasons: 22
(a) The southern barrier island of Brevard County 23
represents one of the most fragile and endangered coastal 24
ecosystems in North America and the beaches, dunes, coastal 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
scrub, and maritime hammock areas of the barrier isla nd 26
ecosystem represent some of the most fragile and endangered 27
natural upland communities in the state and nation. 28
(b) The beaches of the region are among the most important 29
nesting grounds for threatened and endangered sea turtles in the 30
Western Hemisphere and the beach running the length of the 31
southern barrier island of Brevard County is home to the largest 32
nesting aggregation of loggerhead sea turtles in the world and 33
the management decisions made in the region have global impacts 34
for the species. 35
(c) The Archie Carr National Wildlife Refuge is located 36
within the barrier island of Brevard County and is a significant 37
conservation area designated to protect habitat at the most 38
significant area for loggerhead sea turtle nesting in the world, 39
at the most significant area for green turtle nesting in North 40
America, and for a diverse array of plant and animal species. 41
(d) The Indian River Lagoon, designated as an Estuary of 42
National Significance by the United States Environmental 43
Protection Agency in 1990, borders the western shore of the 44
barrier island of Brevard County and the natural habitats of the 45
barrier island ecosystem protect the water quality and 46
productivity of the Indian River Lagoon. 47
(e) The salt water recreational fishery of the Indian 48
River Lagoon generates hundreds of millions of dollars per year 49
in local economic benefit. 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
(f) Density limitations and natural resource protection on 51
the barrier island of Brevard County has decreased public tax 52
burdens associated with the provisions of servi ces, building and 53
maintenance of infrastructure for barrier island residential 54
developments, and public costs for rebuilding public and private 55
structures following severe erosion events. 56
(g) Protection of the primary dune system of the barrier 57
island of Brevard County provides the only protective buffer for 58
local development from storm surges associated with tropical 59
storms and hurricanes. 60
(h) The entirety of the barrier island of Brevard County 61
lies within a zone that is the first to be subject to man datory 62
evacuation protocols due to the vulnerability of the barrier 63
island in hurricane events and the adverse impacts of such 64
vulnerability on evacuating safely. 65
(3) LEGISLATIVE INTENT. -It is the intent of the 66
Legislature to: 67
(a) Establish a land use management system that protects 68
the natural environment of the southern Brevard Barrier Island 69
Area. 70
(b) Establish a land use management system that promotes 71
orderly and balanced growth in accordance with the capacity of 72
existing public facilities and services. 73
(c) Protect and improve the Indian River Lagoon ecosystem, 74
including improving water quality of the Brevard Barrier Island 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
Area through federal, state, and local funding of water quality 76
improvement projects. 77
(d) Ensure that the population of the Brevard Barrier 78
Island Area can be safely evacuated in the event of a hurricane. 79
(4) DESIGNATION.—The Brevard Barrier Island Area, as 80
described in this subsection, is designated as an area of 81
critical state concern. The Breva rd Barrier Island Area is that 82
portion of Brevard County formed by the southern boundary of the 83
Town of Melbourne Beach, the Indian River as the western 84
boundary, the Atlantic Ocean as the eastern boundary, extending 85
south to the southern boundary of the S ebastian Inlet State 86
Park. Specifically including the following township, ranges, and 87
sections as designated by the Brevard Public Land Survey System: 88
28-38-17-18, 28-38-20-21, 28-38-28, 28-38-33-34, 29-38-03, 29-89
38-10-11, 29-38-14-15, 29-38-22-24, the barrier island portion 90
only of 29-38-27, 29-38-25-26, 29-38-35-36, 29-39-31, 30-38-01, 91
30-39-06-08, 30-39-17-18, and 30-39-20. 92
(5) GUIDING PRINCIPLES FOR DEVELOPMENT. -State, regional, 93
and local agencies and units of government in the Brevard 94
Barrier Island Area shall coordinate their plans and conduct 95
their programs and regulatory activities to be consistent with 96
all of the following guiding principles for development within 97
the area: 98
(a) Preventing the adverse impacts of development on 99
resources critical to sea turtle habitat by prohibiting new 100
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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
shoreline hardening structures and enforcing existing state and 101
county coastal construction regulations. 102
(b) Prioritizing water quality restoration projects in the 103
Indian River Lagoon. 104
(c) Reducing nutrient cont ributions from septic tanks and 105
wastewater facilities, stormwater discharges, and agriculture 106
non-point sources into the Indian River Lagoon. 107
(d) Supporting innovative, nature -based solutions 108
including living shorelines, and freshwater and coastal wetlan d 109
restoration. 110
(e) Safeguarding against adverse economic, social, 111
environmental, and public health and safety impacts posed by 112
flooding and storm surge by protecting critical assets 113
identified in s. 380.093. 114
(f) Protecting shoreline and marine resource s, including 115
mangroves, seagrass beds, wetlands, sea turtles, manatees, and 116
fish and wildlife, and related habitats. 117
(g) Protecting upland resources, including dune ridges, 118
beaches, wildlife, and related habitats. 119
(h) Limiting the adverse impacts of de velopment on the 120
quality of water throughout the Brevard Barrier Island Area and 121
the Indian River Lagoon. 122
(i) Enhancing natural scenic resources to promote the 123
aesthetic benefits of the natural environment. 124
(j) Ensuring that development is compatible w ith the 125
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unique characteristics of the Brevard Barrier Island Area. 126
(6) REMOVAL OF DESIGNATION. - 127
(a) The state land planning agency may recommend the 128
removal of the designation of the Brevard Barrier Island Area as 129
an area of critical state concern to t he Administration 130
Commission if the agency determines that all local land 131
development regulations and local comprehensive plans and the 132
administration of such regulations and plans are adequate to 133
protect the Brevard Barrier Island Area and carry out the 134
legislative intent expressed in subsection (3) and are in 135
compliance with the principles for guiding development specified 136
in subsection (5). If the commission concurs with the 137
recommendation to remove the designation, the commission must 138
initiate rulemaking to remove the designation within 45 days 139
after receipt of the recommendation. 140
(b) Beginning November 30, 2030, the state land planning 141
agency shall annually submit a written report to the 142
Administration Commission describing the progress of the Brevard 143
Barrier Island Area toward achieving the legislative intent 144
expressed in subsection (3) and implementing the guiding 145
principles for development specified in subsection (5). The 146
agency shall recommend removing the designation of the Brevard 147
Barrier Island Area as an area of critical state concern to the 148
commission if it determines that: 149
1. Adequate restoration and renourishment programs are in 150
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place to preserve the beaches and dunes of the southern barrier 151
island in Brevard County for nesting sea turtles; 152
2. Seagrass replanting in the Indian River Lagoon 153
extending the length of the Brevard Barrier Island Area is in a 154
coverage volume that would establish recovery to scientifically 155
defensible reference targets; 156
3. Nonpoint pollution sources into the Indian River Lagoon 157
that contribute to total phosphorus, total nitrogen, 158
chlorophyll-a, fecal coliform, and metals have been sufficiently 159
reduced to meet water quality criteria standards resulting in 160
the removal of the Indian River Lagoon from the impaired waters 161
list; 162
4. The green sea turtle (Chelonia mydas), loggerhead sea 163
turtle (Caretta caretta), and leatherback sea turtle 164
(Dermochelys coriacea) have been delisted from the Florida 165
Endangered and Threatened Speci es rule and the Florida Marine 166
Turtle Protection Act under s. 379.2431; 167
5. All local comprehensive plans and land development 168
regulations and the administration of such plans and regulations 169
are adequate to protect the Brevard Barrier Island Area, fulfil l 170
the legislative intent specified in subsection (2), and are 171
consistent with and further the principles guiding development; 172
and 173
6. A local government has adopted a resolution at a public 174
hearing recommending the removal of the designation. 175
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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
(7) LAND ZONING AND USE.—This section does not affect any 176
existing zoning or use of land in effect within the Brevard 177
Barrier Island Area before July 1, 2023. 178
Section 2. This act shall take effect July 1, 2023. 179