Brevard County Commission Item J.2: AMC Malabar Property Purchase Near Jordan Scrub Sanctuary, October 20

The Brevard County Board of County Commissioners will consider buying the AMC Malabar LLC property on Tuesday, October 20, 2026. The item is J.2 under New Business, File No. 9228, titled "Approval, Re: Option Agreement for Sale and Purchase of the AMC Malabar LLC property through The Conservation Fund." The item is listed for District 3. The regular meeting begins at 9:00 a.m. in the Commission Chambers, Building C, 2725 Judge Fran Jamieson Way, Viera, FL 32940.

The agenda report describes the land as 19.68 acres, more or less, on US Highway 1 in the Town of Malabar. It sits directly next to the Jordan Scrub Sanctuary. The purchase price is $2,425,000. Of that amount, $1,875,000 would come from the county's Environmentally Endangered Lands (EEL) Program, Fund 3218. The other $550,000 would come from a grant from The Nature Conservancy. The Town of Malabar stated its opposition to the purchase in a letter dated May 21, 2026.

What the AMC Malabar Purchase Covers

The resolution in the agenda packet lists two tax accounts, 2953282 and 2953285. Its legal description places the land in Sections 5 and 6, Township 29 South, Range 38 East. The description runs from the Florida East Coast Railroad to US Highway 1. It also includes land east of the highway to the high water mark of the Indian River. The owner's willing seller application describes about 660 feet of frontage on the Indian River Lagoon east of US 1 and about 16 acres of vacant land west of the highway.

According to the agenda report, the EEL Selection and Management Committee ranked the property as a high priority. The report states that the land is all uplands, with scrub, scrubby flatwoods, and mesic flatwoods. It lies within the Brevard Coastal Scrub Ecosystem State Florida Forever Project and connects to existing conservation lands. The report states that the purchase would expand the scrub habitat of the Jordan Scrub Sanctuary and benefit the Florida Scrub Jay population on the adjacent conservation lands.

The current Future Land Use designation is RM-6, which the report describes as multi-family, high-density residential. The report uses the Board's Conservation Value Rubric. It states that development under that designation would add 108.25 pounds of total nitrogen per year to the Indian River Lagoon. The report puts the cost to remove that nitrogen at $88,115.50 per year.

The EEL Program and the Option Agreement

The county's EEL application form states that voters authorized the program by referendum in September 1990. The referendum provided property tax revenue to support bonds for buying and managing environmentally endangered lands.

Per the agenda report, the committee approved the owner's willing seller application on September 17, 2025. It recommended the purchase on September 16, 2026. Three independent appraisals were completed. Callaway & Price appraised the land at $2,575,000 and Tuttle Armfield Wagner at $1,860,000. Because those values differed by more than 20 percent, the EEL Program Manual allowed a third appraisal. Property Valuation & Consulting appraised the land at $1,895,000. The report states that the county's $1,875,000 share falls between the two lowest appraisals.

The Conservation Fund negotiated the deal under its land acquisition contract with the county. The negotiation summary shows the owner's counteroffers started at $3,250,000 and later reached $2,575,000. In early September 2026, The Nature Conservancy confirmed the $550,000 grant. The summary states the grant money comes from a scrub-jay program of the U.S. Fish and Wildlife Service that The Nature Conservancy administers. The owner signed the option agreement on September 15, 2026.

The option runs between AMC Malabar, LLC as seller and The Conservation Fund Charitable Trust as purchaser. Under a first amendment, the option period is 120 days. If the county accepts an assignment of the option, it has 30 more days to exercise the option and close. Other terms in the agreement include the following:

• The seller pays the documentary stamp tax and delivers a statutory warranty deed under Section 689.02, Florida Statutes.

• The seller signs a beneficial interest disclosure under Sections 286.23 and 380.08(2), Florida Statutes. Section 286.23 requires a sworn statement naming every person with a beneficial interest in the land at least 10 days before closing.

• If the county takes title between January 1 and November 1, the seller places prorated current taxes in escrow with the tax collector under Section 196.295, Florida Statutes.

The grant agreement with The Nature Conservancy sets a closing date on or before March 31, 2027. The county would record a notice of conservation restrictions that runs with the title in perpetuity. The land would be managed under the Florida Fish and Wildlife Conservation Commission's 2019 scrub habitat guidelines. Any later transfer could go only to a government agency or nonprofit, and only with consent from The Nature Conservancy and the U.S. Fish and Wildlife Service.

Implications for the Town of Malabar, Nearby Owners, and Taxpayers

The Town of Malabar letter is signed by Town Manager Lisa Morrell on behalf of the Town Council. It states that the Council reached a unanimous consensus to oppose two EEL purchases in town, including the AMC Malabar LLC property. The letter describes that parcel as 17.92 acres zoned for high-density multi-family development. County documents, including the agenda report and the resolution, state 19.68 acres. This post relies on the county figure.

The letter lists several concerns. It states that the two parcels had a combined 2025 valuation of $1,160,730 and generated $16,986.58 in tax revenue. It states that the purchase would end the town's capacity for planned high-density residential growth along a major transit corridor. It also raises the town's ability to extend water and sewer service, the upkeep of recreational features on existing EEL lands, and locked trail gates at the Scrub Sanctuary.

The agenda report responds that the committee and the EEL Program respect the town's position. It asks the Board to weigh local views against regional goals. Those goals include growing existing conservation areas, protecting scrub-jay habitat, and reducing nitrogen in the lagoon.

For county taxpayers, the report identifies EEL Fund 3218 as the source of the county's share. It estimates initial management costs for boundary signs and fire control lines at under $20,000. For nearby owners, the grant terms give The Nature Conservancy and the U.S. Fish and Wildlife Service a right to enter the land to monitor its use.

The October 20 Meeting and Public Comment

The agenda report asks the Board to approve the assignment, authorize staff to exercise the option, adopt the resolution, and accept the grant. The Chair would sign the assignment only after the County Attorney reviews the title policy and the owner's beneficial interest statement.

Persons who need special accommodations or an interpreter are asked to notify the County Manager's Office at least 48 hours before the meeting.

Speakers have three minutes. The agenda states that anyone who wishes to speak on an agenda item, including item J.2 on October 20, 2026, should fill out a speaker card before the Board considers the item.

Official Sources

Brevard County Board of County Commissioners Agenda, October 20, 2026

File No. 9228 legislation detail and agenda report

Assignment of Option and Option Agreement for Sale and Purchase

AMC Malabar Property Resolution and Grant Agreement

AMC Negotiation Summary

AMC Willing Seller Application

Town of Malabar Letter, May 21, 2026

Section 286.23, Florida Statutes

Section 196.295, Florida Statutes

This post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Always consult a licensed attorney in your jurisdiction for advice tailored to your circumstances.