Legislation Details

File #: 9248   
Type: Public Hearing Status: Agenda Ready
File created: 10/13/2026 In control: County Attorney
On agenda: 10/20/2026 Final action:
Title: Ordinance creating the Brevard Barrier Island Land Authority in furtherance of the Brevard Barrier Island Protection Act, which designated unincorporated Brevard County south of the Town of Melbourne Beach to the Sebastian Inlet as an Area of Critical State Concern.
Attachments: 1. BBIA Land Authority Ordinance final 10-13-26.pdf, 2. Business Impact Estimate BBIA.pdf
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Subject:

Title

Ordinance creating the Brevard Barrier Island Land Authority in furtherance of the Brevard Barrier Island Protection Act, which designated unincorporated Brevard County south of the Town of Melbourne Beach to the Sebastian Inlet as an Area of Critical State Concern.

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Fiscal Impact:

No impact to the general fund. Initial revenues will be generated through the collection of a surcharge of .50 cents per person, $5.00 per annual family auto entrance permit, and $2.50 per night (for overnight uses) on admission to the portions of the Sebastian Inlet State Park located within the Brevard Barrier Island Area of Critical State Concern.

Dept/Office:

District 3 Commission Office

Requested Action:

Recommendation

It is requested that the Board of County Commissioners hold a public hearing and consider adopting an ordinance amending Chapter 46 of the Brevard County Code of Ordinances to create a new Article XII establishing the Brevard Barrier Island Land Authority, and authorizing the County Manager and County Attorney to take all actions necessary to implement provisions of the ordinance, including collection of a surcharge at the portion of the Sebastian Inlet State Park within the Area of Critical State Concern to be remitted to the Land Authority.

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Summary Explanation and Background:

In 2023, the Florida Legislature adopted Section 380.0553, Florida Statutes, known as the Brevard Barrier Island Protection Act. This Act designated the area from the southern boundary of the Town of Melbourne Beach to the southern boundary of the Sebastian Inlet State Park as an area of critical state concern. Section 380.0663, Florida Statutes, authorizes a County which contains an area of critical state concern to create a land authority by ordinance. This ordinance creates the Brevard Barrier Island Land Authority and grants certain powers and limitations to the Land Authority. These powers include acquiring real property, assisting in the administration of state and federal grants, issuing bonds, and engaging the services of private consultants. These powers are limited to the land encompassed by the Brevard Barrier Island Area of Critical State Concern within Brevard County’s geographical boundaries. The Board of County Commissioners will be the governing board of the Land Authority and will receive input from a five-person advisory board, with members appointed by the Board of County Commissioners.

Clerk to the Board Instructions:

Upon approval by the Board, execution by the Chair, and attestation by the Clerk, file the ordinance with the Department of State as required by law within the 10-day deadline.