Florida Senate - 2023 SB 1686 By Senator Wright 8-01431A-23 20231686__ 1 A bill to be entitled 2 An act relating to the designation of Brevard Barrier 3 Island Area as an area of critical state concern; 4 creating s. 380.0553, F.S.; providing a short title; 5 providing legislative findings and intent; designating 6 the Brevard Barrier Island Area as an area of critical 7 state concern; providing guiding principles for 8 development within the area; providing for removal of 9 the designation; providing an 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 concern.— 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 necessary 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 scrub, and maritime hammock areas of the barrier island 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 in 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 Brevard barrier island 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 and the natural habitats of the barrier island 45 ecosystem protect the water quality and productivity of the 46 Indian River Lagoon. 47 (e) The salt water recreational fishery of the Indian River 48 Lagoon generates hundreds of millions of dollars per year in 49 local economic benefit. 50 (f) Density limitations and natural resource protection on 51 the barrier island has decreased public tax burdens associated 52 with the provisions of services, building and maintenance of 53 infrastructure for barrier island residential developments, and 54 public costs for rebuilding public and private structures 55 following severe erosion events. 56 (g) Protection of the primary dune system of the barrier 57 island provides the only protective buffer for local development 58 from storm surges associated with tropical storms and 59 hurricanes. 60 (h) The entirety of the barrier island lies within a zone 61 that is the first to be subject to mandatory evacuation 62 protocols due to the vulnerability of the barrier island in 63 hurricane events and the adverse impacts of such vulnerability 64 on evacuating safely. 65 (3) LEGISLATIVE INTENT.—It is the intent of the Legislature 66 to: 67 (a) Establish a land use management system that protect 68 that 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 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 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 Brevard 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 Sebastian 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 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 contributions 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 including 108 living shorelines, and freshwater and coastal wetland 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 resources, 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 development 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 with the unique 125 barrier island characteristics. 126 (6) REMOVAL OF DESIGNATION.— 127 (a) The designation of the Brevard Barrier Island Area as 128 an area of critical state concern under this section may be 129 recommended for removal upon fulfilling the legislative intent 130 under subsection (3) and completion of all the work program 131 tasks specified in rules of the Administration Commission. 132 (b) Beginning November 30, 2030, the state land planning 133 agency shall annually submit a written report to the 134 Administration Commission describing the progress of the Brevard 135 Barrier Island Area toward completing the work program tasks 136 specified in the commission rules. The land planning agency 137 shall recommend removing the Brevard Barrier Island Area from 138 being designated as an area of critical state concern to the 139 commission if it determines that: 140 1. Adequate restoration and renourishment programs are in 141 place to preserve the beaches and dunes of the southern barrier 142 island in Brevard County for nesting sea turtles; 143 2. Seagrass replanting in the Indian River Lagoon extending 144 the length of the Brevard Barrier Island Protection Area is in a 145 coverage volume that would establish recovery to scientifically 146 defensible reference targets; 147 3. Nonpoint pollution sources into the Indian River Lagoon 148 that contribute to total phosphorus, total nitrogen, 149 chlorophyll-a, fecal coliform, and metals have been sufficiently 150 reduced to meet water quality criteria standards resulting in 151 the removal of the Indian River Lagoon from the impaired waters 152 list; 153 4. The green sea turtle (Chelonia mydas), loggerhead sea 154 turtle (Caretta caretta), and leatherback sea turtle 155 (Dermochelys coriacea) have been delisted from the Florida 156 Endangered and Threatened Species rule and the Florida Marine 157 Turtle Protection Act under s. 379.2431; 158 5. All local comprehensive plans and land development 159 regulations and the administration of such plans and regulations 160 are adequate to protect the Brevard Barrier Island Area, fulfill 161 the legislative intent specified in subsection (2), and are 162 consistent with and further the principles guiding development; 163 and 164 6. A local government has adopted a resolution at a public 165 hearing recommending the removal of the designation. 166 Section 2. This act shall take effect July 1, 2023.