Title:
title
LDC Amendment: Certified Recovery Residences - Consider an Ordinance amending the Land Development Code to establish a process for reasonable accommodations and the review and approval of Certified Recovery Residences, and to add a definition for Certified Recovery Residence; Countywide (David German, Senior Planner).
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Agenda Category:
Public Hearing Items
Department/Division:
division
Development Services
body
Authorized By:
Jose Gomez, Development Services Director
Contact/Phone Number:
David German / 407-665-7386
Background:
Senate Bill 954 (“Bill”) was approved by the Governor on June 25, 2025, and became effective July 1, 2025. It amended Florida Statutes Section 397.487, to add a new subsection 15 which requires the governing body of each county to “adopt an ordinance establishing procedures for the review and approval of certified recovery residences within its jurisdiction. The ordinance must include a process for requesting reasonable accommodations from any local land use regulation that serves to prohibit the establishment of a certified recovery residence.” The Bill includes additional criteria required to be included in the Ordinance.
This proposed Ordinance amending the Land Development Code incorporates the requirements of SB 954 and establishes a process for the review and approval of reasonable accommodation requests for Certified Recovery Residences. A definition for Certified Recovery Residences is proposed to Chapter 2: Definitions of the Land Development Code and amendments to Chapter 30: Zoning Regulations, which creates new Subsection 30.6.10.4 adding policy, procedure and processes required by the Bill.
The reasonable accommodation process set forth in the Ordinance will be utilized in instances where establishment of a certified recovery residence would be prohibited by the County’s land use and zoning ordinances, rules, regulations, policies, or procedures. The applicant for a reasonable accommodation request can be any person who is disabled or a provider of services to disabled individuals. The applicant is responsible for demonstrating that they, or those who are being provided services, are protected individuals under the FHA or ADA.
Applications for certified recovery residence reasonable accommodations are reviewed by the Development Services Director, or designee, for consistency with the FHA or ADA and whether the applicant has shown the following:
1) They are protected under the FHA and/or ADA by demonstrating that they, or those being provided recovery services, are handicapped or disabled by showing:
a. A physical or mental impairment which substantially limits one (1) or more major life activities;
b. That they are regarded as having such impairment; and
c. A record of having such impairment.
(2) The requested accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy the dwelling, building or structure, or provides accessibility in another manner.
(3) The requested accommodation would not impose an undue financial or administrative burden on the County.
(4) The requested accommodation would not require a fundamental alteration in the nature of the land use and zoning regulations of the County.
Approvals or denials of requests are issued in writing and must include the applicant’s right to appeal the determination to the County Manager. Granting a reasonable accommodation request does not alleviate the requirement for a Certified Recovery Residence to comply with all other applicable codes.
Requested Action:
Staff requests the Planning and Zoning Commission recommend the Board of County Commissioners approve an Ordinance amending the Land Development Code to establish a reasonable accommodation process for review and approval of Certified Recovery Residences, and to add a definition for Certified Recovery Residence.