Brevard County Land Authority: Barrier Island Hearing October 20

The Brevard County Board of County Commissioners' agenda for Tuesday, October 20, 2026 carries item H.1, a public hearing on an ordinance creating the Brevard Barrier Island Area Land Authority. The agenda ties it to the Brevard Barrier Island Protection Act, which designated unincorporated Brevard County land south of the Town of Melbourne Beach to the Sebastian Inlet as an Area of Critical State Concern. The new body is a Brevard County land authority under Section 380.0663, Florida Statutes, with the county commissioners as its governing body.

What the Brevard County Land Authority Could Buy

The ordinance lets the Land Authority acquire and dispose of real property or any interest in it, including easements, development rights, life estates, leases and leaseback arrangements, to protect the natural environment, provide public access or recreation and preserve wildlife habitat. Its scope is the portion of the Area of Critical State Concern inside Brevard County.

Each purchase must be consistent with the county comprehensive plan and land development regulations, sit inside the critical state concern area, not already be selected by another public land program unless the authority cooperates with that program, and not be used to add road capacity. The ordinance gives the authority no zoning, planning, permitting, code enforcement or police powers, and no eminent domain unless a law expressly provides it.

Before buying, the authority must establish a written land acquisition program. The procedures it may include are property nominations, environmental assessments, title searches and surveys, independent appraisals, a review of existing development rights and entitlements, conservation value, acquisition and long-term management costs, grant or matching funds, and conflict of interest review.

Advisory Committee: One Seat for a Broker or Appraiser

A five-member advisory committee, all residents of the barrier island area, reviews proposed acquisitions and sends the authority a prioritized list by resolution. The seats are one licensed real estate agent, broker or certified appraiser; one urban planner, architect or engineer; one environmental or coastal scientist; one resident who recreates in the area; and one owner of a business located there. Terms are three years, staggered at the start. The committee is advisory only.

By a future ordinance, the Board may also let the committee give nonbinding recommendations on rezoning applications and site-specific future land use map changes within the barrier island area.

How It Is Funded

The ordinance directs the Florida Department of Environmental Protection to collect a surcharge at state parks inside the area: 50 cents per person per day, or $5 per annual family auto entrance permit, and $2.50 per night per campsite, cabin or other overnight unit. The surcharge starts within 90 days after the county notifies the department that the authority exists. Proceeds, less a collection fee of up to 2 percent, go to the authority to buy property in the area, with up to 10 percent allowed for administration. The county's business impact estimate says the surcharge applies to the portions of Sebastian Inlet State Park within the area.

Other funding can come from federal, state, regional and local grants, gifts and donations, proceeds from leasing, selling or exchanging property, and bond proceeds when Chapter 380 allows. No obligation of the authority becomes a county obligation unless the Board authorizes it. The business impact estimate puts the direct economic impact on private businesses at $0, with no compliance costs and no new fees on businesses.

Item J.2 on the same agenda is the AMC Malabar LLC property option. See commercial land for sale in Brevard County.

If you own land on the barrier island south of Melbourne Beach and want to know what an easement or development rights sale could mean for your parcel, call 321-514-0876 or use the contact page.

Sources

• Brevard County Board of County Commissioners, October 20, 2026 agenda, item H.1, read October 19, 2026.

• BBIA Land Authority Ordinance, final October 13, 2026: creation, scope, powers, limits, acquisition program, advisory committee, funding and revenues.

• Business Impact Estimate, Brevard Barrier Island Area Land Authority: summary, surcharge at Sebastian Inlet State Park, and the $0 business impact figures.

Frequently Asked Questions

Can the Brevard Barrier Island Land Authority use eminent domain?

Not under this ordinance. It states the authority shall not exercise eminent domain unless and to the extent such authority is expressly provided by applicable law.

Who sits on the land authority's advisory committee?

Five residents of the barrier island area: a licensed real estate agent, broker or certified appraiser; a planner, architect or engineer; an environmental or coastal scientist; a resident who recreates in the area; and a local business owner.

What is the state park surcharge in the ordinance?

50 cents per person per day, $5 per annual family auto entrance permit, and $2.50 per night per campsite, cabin or overnight unit at state parks inside the area, per Section 46-441 of the ordinance.

Written by Cassandra Hartford, founder and CEO of Reach Commercial Real Estate. She has worked in Brevard County commercial real estate for 17 years, representing buyers, sellers, landlords, and tenants across Florida's Space Coast.