Subject:
Title
Legislative Intent and Staff Direction, Re: Future funding needs for restoring health to the Indian River Lagoon, municipal support for the County managing dedicated funds and public input.
Title
End
Fiscal Impact:
NA
Dept/Office:
District 5 Commission Office on behalf of a citizen request
Requested Action:
Recommendation
It is requested that the BOCC consider the following actions:
1. Approve Legislative Intent and permission to advertise an ordinance for a voter referendum to renew the ½ cent infrastructure sales tax for the Save Our Indian River Lagoon Program to return to the Board for a Public Hearing in April or May;
2. Direct staff to work with municipalities to amend the existing sales tax use and distribution Interlocal agreement to extend its terms, subject to voter approval of the sales tax renewal;
3. Direct staff to work with municipalities and the community on a Project Plan that identifies the most cost-effective pollution reduction opportunities and unfunded needs for restoring health to the Indian River Lagoon ecosystem, to be implemented with funds raised or leveraged by extension of the sales tax, if renewed by the voters;
4. Solicit public input to be considered during development of the ordinance, ballot language, and Save Our Indian River Lagoon Project Plan; and
5. Direct staff to develop ballot language for the November 2026 General Election.
End
Summary Explanation and Background:
The Save Our Indian River Lagoon (SOIRL) Program was created with the ½ cent sales tax that Brevard County residents voted to impose on themselves in 2016. The program is designed to address excess nitrogen and phosphorus pollution to the Indian River Lagoon through various projects to reduce pollution inputs, remove legacy loads of pollution, and restore natural filtration systems. It has been a dedicated funding source for local projects planned to meet water quality targets and improve the health, productivity, aesthetic appeal, and economic value of the lagoon. This referendum funding also allows the County to leverage additional dollars in match funding from state and federal grant programs because the lagoon ecosystem is valued not only in Florida, but also nationally.
The SOIRL Program has completed wastewater treatment plant upgrades, septic to sewer conversions, septic upgrades, stormwater treatments and muck removal projects. Excess nitrogen levels in the lagoon have reduced from 1.6 mg/L to 1.1mg/L. Harmful algal blooms have declined and fishkills have lessened. Seagrass beds have begun to recover and fish populations are improving where there is seagrass. But blooms and fishkills still occur and diminish local quality of life. More pollution reduction is needed to restore health to the lagoon and protect the economic engine that supports local jobs as well as recruitment and retention of our stellar workforce. The tax expires in 2026 but could be extended by the voters through a referendum on the November 2026 ballot.
History:
In January through March of 2016, Brevard County residents endured the most extensive and intense algal bloom recorded in the Indian River Lagoon during winter months. The collapse of this bloom in March resulted in the most extensive fishkill in the recorded history of the lagoon. This event followed a super bloom in 2011, brown tide in 2012, 2013, and 2015, and unusual mortality events for dolphins, manatees, and pelicans. The Board sent a letter to the Governor requesting assistance. The Governor sent leadership from multiple agencies who advised the County to develop a project plan, with cost estimates, that the state could help fund. The Board directed staff to develop a project plan and explore dedicated funding sources with which to leverage state and federal grants.
The County Commission authorized a public survey, heard extensive public testimony regarding the need for action, and considered the relative merits of establishing a Special Taxing District with a 1-mill or ½ mill ad valorem levy versus a ½-cent Infrastructure Sales Tax. Ultimately, the County Commission voted unanimously to approve the first Save Our Indian River Lagoon Project Plan, create a Citizen Oversight Committee, establish a Save Our Indian River Lagoon Trust Fund, and adopt an ordinance allowing a ½-cent infrastructure sales tax referendum to be placed on the general election ballot for the voters to consider as a means to fund restoring health to the Indian River Lagoon.
The Board’s selected option required an interlocal agreement regarding sales tax use and distribution with cities representing a majority of the municipal population. The interlocal agreement allows 1) the County to host a dedicated trust fund for the tax proceeds, 2) the County to manage use and distribution of the trust funds to include city projects, 3) the League of Cities to select half of the appointees to the Citizen Oversight Committee which makes annual recommendations for Project Plan updates, and 4) the County and municipalities to share Basin Management Action Plan (BMAP) credits for pollution reductions achieved by projects funded by the sales tax.
The municipal interlocal agreement was approved by every city and town and the voters approved the sales tax in every voting precinct.
Clerk to the Board Instructions:
NA