Brevard County Commission Ordinance Creating the Brevard Barrier Island Land Authority: Public Hearing October 20

The Brevard County Board of County Commissioners will hold a public hearing on Tuesday, October 20, 2026, on an ordinance that would create the Brevard Barrier Island Land Authority. The item is H.1 under Public Hearings, File No. 9248, on the agenda for the Board's regular meeting. The meeting begins at 9:00 a.m. in the Commission Chambers, Building C, 2725 Judge Fran Jamieson Way, Viera, FL 32940.

The draft ordinance would add a new Article XII to Chapter 46 of the Brevard County Code of Ordinances. The Land Authority would be able to acquire and manage land in the Brevard Barrier Island Area, which the Florida Legislature designated an area of critical state concern in 2023. The ordinance also provides for a state park surcharge. The Florida Department of Environmental Protection would collect it and send the proceeds to the Land Authority. The agenda report states there is no impact to the general fund.

What the Brevard Barrier Island Land Authority Would Be

Section 46-430 of the draft would create the Land Authority as a public body corporate and politic under Section 380.0663, Florida Statutes. The agenda, the agenda report, and the Article XII heading use the name Brevard Barrier Island Land Authority. The ordinance title and Section 46-430 use Brevard Barrier Island Area Land Authority.

The Board of County Commissioners would serve as the governing body. The Land Authority could appoint an executive director.

Under Section 46-436, the Land Authority could acquire and dispose of property or interests in property to protect the natural environment, provide public access or recreational facilities, and preserve wildlife habitat. It could acquire easements, development rights, life estates, leases, and leaseback arrangements instead of full ownership. It could also issue bonds, accept gifts and grants, and engage private consultants. Each purchase would have to be consistent with County land use plans and land development regulations. Purchases could not be used to improve public transportation facilities or add road capacity to reduce hurricane evacuation clearance times.

A Brevard Barrier Island Land Advisory Committee would review proposed purchases and send the Land Authority a ranked list by resolution. Its five members would have to live within the Brevard Barrier Island Area. Section 46-439 assigns the seats as follows.

• One licensed real estate agent, broker, or certified real estate appraiser.

• One urban planner, architect, or engineer.

• One member with expertise in environmental science, coastal science, or a related field.

• One resident who actively recreates within the area.

• One owner of a business located within the area.

Members would serve three-year terms. The committee would be advisory only, with no power of its own to buy, sell, lease, or regulate property.

The Legal Framework Under Section 380.0553 and Chapter 380

Section 380.0553, Florida Statutes, carries the short title "Brevard Barrier Island Area Protection Act." The agenda report and the draft ordinance call it the Brevard Barrier Island Protection Act.

The statute designates the Brevard Barrier Island Area as an area of critical state concern. The area runs from the southern boundary of the Town of Melbourne Beach south to the southern boundary of Sebastian Inlet State Park, between the Indian River and the Atlantic Ocean. The legislative findings state that the beach along the southern barrier island of Brevard County is home to the largest nesting aggregation of loggerhead sea turtles in the world.

The statute sets ten guiding principles for development in the area. They include prohibiting new shoreline hardening structures and prioritizing water quality restoration projects in the Indian River Lagoon. Subsection (7) states that the section does not affect any existing zoning or use of land in effect before July 1, 2023.

Section 380.0663 allows a county with an area of critical state concern to create a land authority by ordinance, with the county's governing board as its governing body. Section 380.0667 requires a five-member advisory committee. Section 380.0685 directs the Department of Environmental Protection to impose a surcharge at state parks in areas of critical state concern in a county that creates a land authority.

Implications for Property Owners, Businesses, and Sebastian Inlet State Park Visitors

For property owners in the Brevard Barrier Island Area, Section 46-451 describes the Land Authority as primarily an acquisition, property-management, and land-planning entity. It states that the Land Authority would not exercise zoning authority, approve or deny development permits, adopt land development regulations, or perform code enforcement. Section 46-446 says a purchase would not by itself amend the Future Land Use Map or zoning map. Section 46-437 bars eminent domain unless and to the extent applicable law expressly provides it.

The Land Authority could assist the County with state and federal grants for residential flood and sea-level rise mitigation. These include grants to raise structures above minimum flood levels and to acquire land with structures at risk of flooding. Section 46-439 states that the Board could, by future ordinance, let the advisory committee give nonbinding recommendations on rezoning applications and Future Land Use Map changes within the area.

For Sebastian Inlet State Park visitors, Section 46-441 sets a surcharge of 50 cents per person per day, or $5 per annual family auto entrance permit, on admission. Overnight stays would carry $2.50 per night per campsite, cabin, or other overnight unit. Overnight use by nonprofit groups of organized group camps and primitive camping areas would be exempt. The surcharge would be imposed within 90 days after the County notifies the Department of Environmental Protection that the Land Authority exists.

The ordinance text applies the surcharge to admission at all state parks within the Brevard Barrier Island Area. The agenda report and the Business Impact Estimate describe it as applying to the portions of Sebastian Inlet State Park within the area.

For businesses, the Business Impact Estimate lists no expected direct economic impact on private businesses, no direct compliance costs, and zero businesses likely to be affected.

The October 20 Public Hearing

The agenda states that anyone who wishes to speak on an agenda item should fill out a speaker card before the Board considers the item. Speakers have three minutes. Persons who need special accommodations or an interpreter are asked to notify the County Manager's Office at least 48 hours before the meeting.

Under Section 7 of the draft, a certified copy would be filed with the Secretary of State within ten days of enactment. The ordinance would take effect upon adoption and filing.

The agenda report asks the Board of County Commissioners to hold a public hearing and consider adopting the ordinance. It also asks the Board to authorize the County Manager and County Attorney to take all actions needed to carry it out, including collection of the surcharge at the portion of Sebastian Inlet State Park within the area of critical state concern. Members of the public who wish to speak on item H.1 may fill out a speaker card before the Board takes up the item on October 20, 2026.

Official Sources

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

October 20, 2026 Board of County Commissioners meeting page

File No. 9248 legislation detail and agenda report

Draft ordinance, Brevard Barrier Island Land Authority

Business Impact Estimate

Section 380.0553, Florida Statutes

Section 380.0663, Florida Statutes

Section 380.0666, Florida Statutes

Section 380.0667, Florida Statutes

Section 380.0685, 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.