HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1489 Designation of Brevard Barrier Island Area as Area of Critical State Concern
SPONSOR(S): Infrastructure Strategies Committee, Agriculture, Conservation & Resiliency Subcommittee,
Altman
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1686
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Agriculture, Conservation & Resiliency 15 Y, 0 N, As CS Mamontoff Moore
Subcommittee
2) Infrastructure Strategies Committee 18 Y, 0 N, As CS Mamontoff Harrington
SUMMARY ANALYSIS
In 1972, the Florida Environmental Land and Water Management Act was enacted, creating the Areas of
Critical State Concern (ACSC) Program. The program is intended to protect resources and public facilities of
major statewide significance, within designated geographic areas, from uncontrolled development that would
cause substantial deterioration of such resources. Areas currently designated as ACSC include the Big
Cypress Area, the Green Swamp Area, the Florida Keys Area, and the Apalachicola Bay Area.
The Brevard Barrier Island Area is one of the most fragile and endangered coastal ecosystem s in North
America. Its beaches, dunes, coastal scrub, and maritime hammock areas represent one of the most fragile
and endangered natural upland communities in the state and the nation. Its beaches are important nesting
grounds for threatened and endangered sea turtles and are home to the largest nesting aggregation of
loggerhead sea turtles in the world. The barrier island is bordered by the Indian River Lagoon and its
ecosystem helps protect the water quality and ecological productivity of the lagoon.
The bill designates the Brevard Barrier Island Area as an ACSC.
The bill outlines the guiding principles for development within the area.
The bill authorizes DEO to recommend removal of the ACSC designation upon fulfillment of the legislative
intent and completion of all the work program tasks specified in the rules of the Administration Commission.
The bill does not appear to have a fiscal impact on state or local government.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1489c.ISC
DATE: 4/19/2023
 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Areas of Critical State Concern
In 1972, the Florida Environmental Land and Water Management Act was enacted, creating the Areas
of Critical State Concern (ACSC) Program. The program is intended to protect resources and public
facilities of major statewide significance, within designated geographic areas, from uncontrolled
development that would cause substantial deterioration of such resources. 1 The ACSC designation
denotes areas that contain natural resources of regional or statewide importance, areas that are or will
be significantly affected by major public facilities, or areas of major development potential. 2
The Department of Economic Development’s (DEO) ensures that the state’s goals and policies relating
to economic development, workforce development, community planning and development, and
affordable housing are fully integrated with appropriate implementation strategies. 3
DEO may recommend to the Governor and Cabinet, sitting as the Administration Commission
(Commission),4 areas for designation as ACSCs.5 The recommendation must include the following:
 Recommendations with respect to the purchase of lands situated within the boundaries of the
proposed area as environmentally endangered lands and outdoor recreation lands under the
Land Conservation Program;
 Any report or recommendation of an appointed resource planning and management committee;
 The dangers that would result from uncontrolled or inadequate development of the area and the
advantages that would be achieved from the development of the area in a coordinated manner;
 A detailed boundary description of the proposed area;
 Specific principles for guiding development within the area;
 An inventory of lands owned by the state, federal, county, and municipal governments within the
proposed area; and
 A list of the state agencies with programs that affect the purpose of the designation. 6
Within 45 days, the Commission must either reject or adopt the recommendation, with or without
modification, and by rule designate the ACSC.7 If the rule is adopted, it is then submitted to the
President of the Senate and the Speaker of the House of Representatives no later than 30 days prior to
the next regular session of the Legislature.8 The Legislature may reject, modify, or take no action
relative to the adopted rule.
An ACSC may only be designated for:9
 An area containing, or having a significant impact upon, environmental or natural resources of
regional or statewide importance, including, but not limited to, state or federal parks, forests,
wildlife refuges, wilderness areas, aquatic preserves, major rivers and estuaries, state
1 Department of Economic Opportunity (DEO), Areas of Critical State Concern Program,
https://www.floridajobs.org/community-planning-and-development/programs/community-planning-table-of-contents/areas-
of-critical-state-
concern#:~:text=The%20Areas%20of%20Critical%20State,development%20that%20would%20cause%20substantial (last
visited March 15, 2023).
2 The Green Swamp, History¸ https://www4.swfwmd.state.fl.us/greenswamp/history (last visited March 16, 2023).
3 Office of Program Policy Analysis and Government Accountability, Department of Economic Opportunity,
https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNumber=6101 (last visited March 16, 2023).
4 See ss. 14.202 and 380.031(1), F.S
5 Section 380.05(1)(a), F.S.
6 Id.
7 Section 380.05(1)(b), F.S.
8 Section 380.05(1)(c), F.S.
9 Section 380.05(2), F.S.
STORAGE NAME: h1489c.ISC PAGE: 2
DATE: 4/19/2023
 environmentally endangered lands, Outstanding Florida Waters, and aquifer recharge areas,
the uncontrolled private or public development of which would cause substantial deterioration of
such resources;
 An area containing, or having a significant impact upon, historical or archaeological resources,
sites, or statutorily defined historical or archaeological districts, the private or public
development of which would cause substantial deterioration or complete loss of such resources,
sites, or districts; or
 An area having a significant impact upon, or being significantly impacted by, an existing or
proposed major public facility or other area of major public investment including, but not limited
to, highways, ports, airports, energy facilities, and water management projects.
Once an area is designated as an ACSC, DEO reviews all local development projects within the
designated area and may appeal to the Florida Land and Water Adjudicatory Commission any local
development orders that are inconsistent with state guidelines and local comprehensive plans and
regulations. DEO is also responsible for reviewing and approving amendments to comprehensive plans
and land development regulations proposed and adopted by local governments within the designated
area.10
Areas currently designated as ACSCs include the Big Cypress Area, 11 the Green Swamp Area,12 the
Florida Keys Area,13 and the Apalachicola Bay Area.14
Archie Carr National Wildlife Preserve and Sea Turtles
In North America, sea turtles primarily nest from North Carolina through Florida, with over 90 percent of
nesting occurring in Florida.15 Within that range is the Archie Carr National Wildlife Refuge (Carr
Refuge), a 20.5-mile section of shoreline between Melbourne Beach and Wabasso, along Florida’s east
central coast. Since its establishment by Congress in 1989, the Carr Refuge, named after the Sea
Turtle Conservancy’s founding scientific director, has been a major success. The stretch of beach
within the Refuge boundary is the most important sea turtle nesting habitat in the United States.16
Sea turtles are large, air-breathing reptiles that inhabit tropical and subtropical seas throughout the
world.17 Their shells consist of an upper part (carapace) and a lower section (plastron). Hard scales (or
scutes) cover all but the leatherback turtle, and the number and arrangement of these scutes can be
used to determine the species.
Only female sea turtles come ashore to nest as males rarely ever return to land after crawling into the
sea as hatchlings. Most females return to nest on the beach where they were born. Nesting seasons
occur at different times around the world. In the U.S., nesting occurs from April through October. Most
females nest at least twice during each mating season; some may nest up to ten times in a season.
However, a female will not nest in consecutive years, typically skipping one or two years before
returning.18
10 DEO, Areas of Critical State Concern Program, https://www.floridajobs.org/community-planning-and-
development/programs/community-planning-table-of-cont ents/areas-of-c ritical-state-
concern#:~:text=The%20Areas%20of%20Critical%20State,development%20that %20would%20cause%20substantial (last
visited March 15, 2023).
11 Section 380.055, F.S.
12 Section 380.0551, F.S.
13 Section 380.0552, F.S.
14 Section 380.0555, F.S.
15 Sea Turtle Conservancy, Barrier Island Education Center, https://conserveturtles.org/barrier-island-educ ation-center/
(last visited March 15, 2023).
16 Id.
17 Sea Turtle Conservancy, Information About Sea Turtles, Their Habitats and Threats to Their Survival,
https://conserveturtles.org/information -about-s ea-t urtles-their-habitats-and-t hreats-to-their-survival/ (last visited March 15,
2023).
18 Id.
STORAGE NAME: h1489c.ISC PAGE: 3
DATE: 4/19/2023
 Researchers do not yet know how long baby turtles spend in the open sea, or exactly where they go,
but once they reach the size of a dinner-plate, they appear at feeding grounds in nearshore waters.
They grow slowly and take between 15 and 50 years to reach reproductive maturity, depending on the
species. There is no way to determine the age of a sea turtle from its physical appearance. It is
theorized that some species can live over 100 years. 19
Green, leatherback, and hawksbill sea turtles are classified as endangered in the U.S. under the
Endangered Species Act. 20 More loggerheads nest within the Carr Refuge than anywhere else in the
Western Hemisphere. Over the past several years, there has been an observed increase in both green
turtle and leatherback nesting in the Carr Refuge, indicating that the protection of these beaches is
essential to the survival and recovery of these three species. 21
Indian River Lagoon
The Indian River Lagoon (IRL) is an estuary in which freshwater from uplands and tributaries meets
and mixes with saltwater from the ocean to create an estuarine environment.22 The resulting brackish
water is moved more by the wind than by the tide and does not flow from headwaters to a mouth like a
river. The width of the lagoon varies from one-half mile to five miles, with an average depth of four
feet.23
The Brevard Barrier Island’s natural habitats and ecosystem protect the lagoon’s water quality and
ecological productivity.24 Considered one of the most biologically diverse estuaries in North America,
the lagoon has been designated an Outstanding Florida Water and an Estuary of National
Significance.25 The site’s mangrove wetlands and salt marshes provide breeding, nursery, and feeding
areas for a variety of organisms. It is home to more than 2,000 species of plants, 600 species of fish,
300 species of birds, and endangered or threatened species.26
The IRL is also responsible for one-seventh of the region’s economy. The overall economic value of the
lagoon was estimated at $7.6 billion in 2014. Lagoon fisheries generate an estimated $30 million in
revenues annually, and the lagoon provides approximately 50 percent of the annual fish harvest along
the east coast of Florida.27
Much of the IRL ecosystem has been disturbed by increased development in the area which has led to
an increase in nonpoint source pollution.28 The harmful levels of nutrients and sediments entering the
lagoon as a result of stormwater runoff from urban and agricultural areas, wastewater treatment facility
discharges, septic systems, and excess fertilizer applications have negatively impacted the ecology of
19 Id.
20 The Endangered Species Act (ESA) defines an endangered species as any species which is in danger of extinction
throughout all or a significant portion of its range. Endangered species are automatically protected by prohibitions of
several types of “take,” including harming, harassing, collecting, or killing, under Section 9 of the ESA. National Oceanic
and Atmospheric Association (NOAA), What is the difference between a threatened and endangered species?,
https://oceanservice.noaa.gov/ facts/endangered.html (last visited March 15, 2023); Sea Turtle Conservancy, Information
About Sea Turtles, Their Habitats and Threats to Their Survival, https://conserveturtles.org/information-about-sea-turtles-
their-habitats-and-threats-to-their-s urvival/ (last visited March 15, 2023).
21 Sea Turtle Conservancy, Barrier Island Education Center, https://conserveturtles.org/barrier-island-educ ation-center/
(last visited March 15, 2023).
22 St. Johns River Water Management District, Fast Facts about the Indian River Lagoon,
https://www.sjrwmd.com/waterways/indian-river-lagoon/facts/ (last visited March 15, 2023).
23 Id.
24 Florida State Parks, Ecology of the Indian River Lagoon, https://www.floridastateparks.org/learn/ ecology-indian-river-
lagoon (last visited March 15, 2023).
25 Id.
26 Id.
27 Id.
28 Nonpoint source pollution is the result of runoff from stormwater picking up and carrying natural and human-made
pollutants from diffuse sources and depositing them into lakes, rivers, springs, wetlands, coastal waters , and ground
water. Common nonpoint source pollution sources include sediment, leaf litter, pet waste, landscape inputs such as
fertilizers, herbicides and insecticides, and nutrients from septic systems. DEP, Nonpoint source pollution education,
https://floridadep.gov/wra/319-tmdl-fund/content/nonpoint-source-pollution-education (last visited March 15, 2023).
STORAGE NAME: h1489c.ISC PAGE: 4
DATE: 4/19/2023
 the lagoon. For example, the lagoon’s seatrout numbers are estimated to be 90 to 95 percent below
historic levels.29 The species, an indicator of water quality, has dwindled in the wake of a decade-long
series of severe algal blooms. Additionally, about 75 percent of the lagoon’s seagrass acreage has
vanished since 2011, with a near-total loss in some areas.30 The lagoon’s ailments were in the national
spotlight amid 2021’s record 1,101 manatee deaths. Many manatees starved in the absence of
seagrass, their dietary staple.
Brevard Barrier Island Area
Barrier islands form as waves repeatedly deposit sediment parallel to the shoreline. As wind and waves
shift according to weather patterns and local geographic features, these islands cons tantly move,
erode, and grow.31 They are generally separated from the mainland by tidal creeks, bays, and lagoons.
Beaches and sand dune systems form on the side of the island facing the ocean; the side facing the
shore often contains marshes, tidal flats, and maritime forests. These areas are important habitat for
seabirds, fish and shellfish, and nesting sea turtles. 32
These islands are critical to protecting coastal communities and ecosystems from extreme weather.
Beach dunes and grasses on barrier islands absorb wave energy before the wave hits the mainland.
This generally means smaller storm surge and less flooding on the coast. 33 Today, barrier islands are
disappearing at a high rate.
The Brevard Barrier Island Area is one of the most fragile and endangered coastal ecosystems in North
America. Its beaches, dunes, coastal scrub, and maritime hammock areas represent one of the most
fragile and endangered natural upland communities in the state and the nation. 34 Its beaches are
important nesting grounds for threatened and endangered sea turtles and are home to the largest
nesting aggregation of loggerhead sea turtles in the world. The barrier island is bordered by the IRL,
and its ecosystem helps protect the water quality and ecological productivity of the lagoon.35
Effect of the Bill
The bill designates the Brevard Barrier Island Area as an ACSC for the following reasons:
 The southern barrier island of Brevard County represents one of the most fragile and
endangered coastal ecosystems in North America and the beaches, dunes, coastal scrub, and
maritime hammock areas of the barrier island ecosystem represent some of the most fragile
and endangered natural upland communities in the state and nation.
 The beaches of the region are among the most important nesting grounds for threa