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         380.0553Brevard 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.