Tour Egret Marsh, HB 105 Update, and more
- IRNA
- 4 days ago
- 7 min read
January 24, 2025 Weekly Newsletter
See Innovation in Action:
Tour Egret Marsh Stormwater Park
Limited to 20 participants – sign up soon!
Ever wondered how nature and engineering can work together to protect the Indian River Lagoon? Here's your chance to see it firsthand.
The Indian River Neighborhood Association is organizing a guided tour of Egret Marsh Stormwater Park and Wildlife Sanctuary, led by Alexis Peralta. This is an opportunity to explore a groundbreaking solution to one of our region's most pressing challenges: keeping excess nutrients out of the Lagoon.
What makes Egret Marsh special?
Egret Marsh is home to the county's first large-scale algal turf scrubber (ATS) system used for stormwater filtration. In simple terms, the facility uses algae as natural water filters, removing excess nutrients from stormwater before it reaches the Indian River Lagoon. It's a brilliant example of working with nature instead of against it.
But Egret Marsh does double duty. Beyond its water treatment role, the park's diverse wetland habitats provide critical refuge for dozens of bird species that have lost natural wetlands to development. You'll have the chance to observe wildlife thriving alongside this innovative engineering system.
Tour Details:
Duration: 1 to 1.5 hours (possibly longer for an engaged group!)
Maximum participants: 20 (to ensure everyone can hear and participate)
Wednesday, February 11 at 9 AM.
Space is limited to ensure a quality experience for all participants. If we receive more than 20 sign-ups, we'll work with Alexis to schedule an additional tour.
Email Dan Lamson at info@indianriverna.com to RSVP and receive information on where to meet the group!
Don't miss this chance to see how modern science and conservation are working together to protect our Lagoon and to learn how you can help.
Last Chance! Beach Restoration Luncheon Jan 28
Join us for lunch and learn about beach restoration from Quintin Bergman, Indian River County Coastal Resource Manager.
$25 | Bethel Creek House (across from Jaycee Park)
Sign up now: IndianRiverNA.com/lunch
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Join the IRNA in building a stronger voice for our community. Your support empowers us to safeguard our natural resources, demand transparency from elected officials, and champion the changes we need to see—together, we can create lasting impact.
HB 105 Amendment:
Progress, But the Fight Isn't Over
Late in 2025, we sounded the alarm about Representative Robbie Brackett's HB 105 and its threat to local democracy. This week, we have cautiously encouraging news: Rep. Brackett has introduced a significant amendment that addresses one of our core concerns.
What Changed
The amendment adds five critical words to the bill's prohibition. Originally, HB 105 allowed lawsuits against any enforcement action deemed "arbitrary or unreasonable." Now, the amended version requires that an action be both arbitrary/unreasonable and "not authorized by an ordinance."
This is a meaningful improvement. It creates a "safe harbor" for local governments: if your city or county has passed a legitimate ordinance (say, protecting wetland buffers or requiring septic-to-sewer conversions) enforcement actions based on that ordinance are now protected from these lawsuits, even if a developer finds them inconvenient.
The amendment shifts the bill's target from attacking local laws themselves to addressing genuinely rogue enforcement, such as inspectors acting outside the scope of written ordinances. That's a significant narrowing of scope and demonstrates that Rep. Brackett is listening to constituents' concerns about home rule.
What Hasn't Changed
Unfortunately, the most problematic provisions remain intact:
The Financial Incentives Still Favor Lawsuits. Plaintiffs who win receive up to $50,000 in damages plus attorney fees. But if the local government successfully defends itself? Nothing, not even reimbursement for legal costs. This one-sided structure still makes suing risk-free for well-funded developers while putting taxpayers on the hook.
The "Chilling Effect" Persists. While the ordinance clause offers protection, officials may still hesitate when facing gray areas. If an inspector isn't certain whether a specific situation is covered by the exact letter of an ordinance, they may still fear a $50,000 lawsuit claiming they acted "without authorization."
The Definition Remains Too Broad. "Enforcement action" still encompasses virtually everything local governments do: inspections, citations, permit denials, planning decisions. The amendment didn't narrow this scope.
The Bottom Line
This amendment represents genuine progress on protecting home rule and we should acknowledge that Rep. Brackett heard our concerns and responded. But HB 105 remains fundamentally flawed in its "governance-by-litigation" approach. The financial incentives and one-sided risk structure will still encourage lawsuits, burden taxpayers with legal costs, and make local officials think twice before enforcing protections our communities need.
What You Can Do
Thank Rep. Brackett for listening to constituents and making this important change. Let him know you appreciate his responsiveness.
But ask for more. The bill needs either:
Reciprocal attorney fee provisions (so governments can recover costs when they win)
Elimination of the one-way fee structure entirely
Further narrowing of what constitutes an actionable "enforcement action"
Or, the withdrawal of the bill altogether
Contact Representative Robbie Brackett:
Phone: (850) 717-5034
If you live in another district, contact your own representatives and let them know if you oppose HB 105 even in its amended form.
The amendment proves that constituent pressure works. Rep. Brackett listened. Now let's keep the pressure on until this bill either gets fixed. Home Rule is worth fighting for.
So far the bill has passed (amended as above) the Civil Justice & Claims Subcommittee and now will move to the Intergovernmental Affairs Subcommittee. No action has been taken on it's senate companion bill, SB 588.
The EPA warns of ‘Forever chemicals’ in Vero’s water (Vero News) - Vero Beach’s drinking water contains PFAS levels more than twice the EPA’s safety limit, prompting public health concerns and plans for long-term water treatment upgrades, though city officials downplay the risk and attribute the findings to stricter testing methods.
Lagoonapalooza 2026 announces speaker lineup & interactive programming (Indian River Guardian) -Join the Indian River Neighborhood Association at Lagoonapalooza 2026 at the Environmental Learning Center today! It will feature a full day of live music, expert talks, hands-on activities, and nature exploration to celebrate and raise awareness about the Indian River Lagoon and environmental stewardship.
Sebastian city council approves Riverview Park upgrades, rejects Harrison Street closure (Sebastian Daily) - The Sebastian City Council approved a Riverview Park renovation plan that retains Harrison Street with added pedestrian safety measures, rejecting a full closure despite public support, and set a multi-phase timeline for major park upgrades including a new playground, splash pad, amphitheater, and enhanced infrastructure.
This week’s “Breaking Down the Code” focuses on Indian River County’s Landscape & Buffer Ordinance. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2007-012, § 1, 3-20-07 online here). This 46 page set of standards was designed to preserve community appearance, property values, and the environment while promoting sustainable landscape practices.
The Main Goals of the Ordinance
The regulations create clear rules for developers and residents that preserve neighborhoods and nearby natural resources, not just add red tape. Plants and trees provide shade, filter air pollutants, manage stormwater, and improve curb appeal in ways that help both property owners and the broader community.
In plain language, the ordinance aims to:
Improve visual quality so that streets, parking lots, and building sites look intentional and well designed, for example by requiring tree canopies along streets instead of bare pavement.
Strengthen environmental performance by using trees and shrubs to provide cooling shade and cleaner air, such as oaks that reduce pavement heat and help offset the urban “heat island” effect.
Promote water conservation by favoring native and drought tolerant plants over high water turf, reducing irrigation demand and stormwater runoff.
Support property values by requiring consistent, well designed landscape buffers between different uses, helping protect neighborhood character and home values.
Emphasis on Sustainability
The code places strong emphasis on preserving existing native vegetation and using drought tolerant species, rather than clearing sites. It encourages efficient irrigation techniques, temporary watering to help new plants establish, and the use of reclaimed water when available so that landscapes stay healthy without long-term high-volume irrigation.
A practical example is retaining clusters of existing native trees to create immediate shade which can save water and reduce costs. This approach also supports wildlife habitat and helps maintain the natural feel that defines much of Indian River County’s character.
Why It Matters
These standards apply to many types of new construction, substantial renovations, and larger projects in unincorporated areas of IRC, ensuring that development enhances rather than erodes the county’s visual and environmental quality. Over time, homeowners, HOAs, and businesses benefit from landscapes that need less water and maintenance while still meeting the code’s appearance and buffering requirements.
Key Takeaway: The ordinance is about practical, long-term landscaping regulations that enhance community appearance, conserve water, and support environmental health—ultimately benefiting Indian River County as a whole.
Fellsmere’s frog leg tradition just keeps hopping along (Hometown News) - Fellsmere’s 35th annual Frog Leg Festival drew larger crowds and livelier energy than previous years, offering quirky traditions, community spirit, unique food like frog legs on a stick, and a festive atmosphere fueled by perfect weather.
Debt-ridden Brightline faces ‘probable’ default (Vero News) - Brightline, the high-speed rail line from Miami to Orlando, faces a "probable" default due to mounting losses, downgraded bonds, and unsustainable debt levels, threatening future expansion plans like the proposed Treasure Coast station in Stuart.
One billionaire just gave $2 million to Republican leaders in the Florida Legislature (Jason Garcia / Substack) - Billionaire Ken Griffin gave $2 million to Florida Republican legislative campaign committees amid a broader wave of high-dollar donations and lobbying by wealthy donors and corporate interests shaping laws on education, land development, environmental regulation, and civil rights during the 2026 legislative session.
Developers, Legislators want to shut you out - and shut you up (VoteWater.org) - Florida lawmakers are advancing bills that would fast-track massive developments with no public input, restrict local authority over environmental regulations, and sideline community voices in the name of efficiency and growth.
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