Subject:
Title
Staff Report, Re: Declaration by Florida Commerce of the Brevard Barrier Island Area Element and EAR-Based Amendments to the Brevard County Comprehensive Plan as Null and Void.
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Fiscal Impact:
Indeterminate; to date, approximately $200,000 have been spent on consulting services with Bonnie C. Landry and Associates to assist with the development and implementation of the comprehensive plan amendments. Some of this work will be able to be reused, but how much is unclear at this time.
Dept/Office:
Planning & Development
Requested Action:
Recommendation
It is requested that the Board acknowledge receipt of the attached report and provide direction as it sees fit. Additionally, it requested that the Board authorize the County Manager or his designee to execute any necessary contract amendments or other documents necessary to continue to utilize Bonnie C. Landry & Associates as an urban planning consultant to develop, adopt, and implement amendments to the comprehensive plan in relation to EAR-based amendments and implementation of the Brevard Barrier Island Protection Act, and authorize the County Manager to execute all necessary budget amendments (BCRs).”
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Summary Explanation and Background:
Due to its finding of conflicts with Chapter 2025-190, Laws of Florida (CS/CS/SB 180, 2025), Florida Commerce has determined that two amendments to the Brevard County Comprehensive Plan, which the Board voted to adopt on July 17, 2025, are “null and void ab initio.” These two amendments are the addition of the Brevard Barrier Island Area (BBIA) Element (in order to comply with the Brevard Barrier Island Protection Act which created an Area of Critical State Concern) and its statutorily mandated Evaluation and Appraisal (EAR) Report-based amendments.
Attached is a staff report which summarized the events leading to this determination, and its potential impact on the County. Staff is requesting that the Board provide direction on moving forward with the EAR-based and BBIA Element amendments. Options for the Board to consider include:
1) Prepare modifications to EAR-based amendments, but delay transmittal of both EAR-based amendments and BBIA Element amendment until legislative amendments to Section 28 of SB 180, or until the expiration of Section 28 (October 1, 2027).
2) Modification of previously-transmitted EAR-based and BBIA Element amendments, in a manner to minimize proposed amendments to existing policies, in order meet the requirements of Section 28 of SB 180 (as determined by Florida Commerce though technical guidance).
3) Any other direction provided by the Board.
Clerk to the Board Instructions:
N/A