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Agenda 10/14/2025 Item #16A 3 (To advertise for a public hearing, an ordinance amending the Land Development Code - PL20250009062)10/14/2025 Item # 16.A.3 ID# 2025-2773 Executive Summary Recommendation to direct staff to advertise and bring back for a public hearing, an Ordinance amending the Land Development Code, to establish formal procedures and standards for reasonable accommodation requests submitted by certified recovery residences in compliance with Section 397.487, Florida Statutes, PL20250009062. OBJECTIVE: To receive authorization to advertise and bring back for a public hearing an Ordinance amending the Land Development Code (LDC), establishing formal procedures and standards for reasonable accommodation requests submitted by certified recovery residences. CONSIDERATIONS: Chapter 2025-182, Laws of Florida, which was formerly known as Senate Bill 954, establishes new regulatory requirements for certified recovery residences in Florida, effective July 1, 2025. Pursuant to Section 397.487, Florida Statutes, "By January 1, 2026, the governing body of each county or municipality shall 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." These facilities, commonly known as sober homes, offer structured, supportive living environments for individuals recovering from substance use disorders. Typically operated as group living arrangements, recovery residences can present zoning and land use challenges related to occupancy limits, neighborhood compatibility, and use classifications. In the 2025 legislative session, the Florida Legislature passed Senate Bill 954, which requires local governments to adopt an ordinance establishing a process for applicants seeking reasonable accommodations from land use regulations that prohibit the establishment of a certified recovery residence. On June 25, 2025, Governor DeSantis approved Senate Bill 954, which was codified into law as Chapter 2025-182, Laws of Florida. The proposed LDC Amendment (LDCA) complies with the statutory requirements of Section 397.487, Florida Statutes. The City of Orlando and Broward County have drafted Ordinances to establish procedures for reviewing and approving certified recovery residences in compliance with Chapter 2025-182, which are attached as Exhibits B and C. Both the City of Orlando and Broward County draft Ordinances authorize administrative approval of the certified recovery residence application. LDCA's are reviewed by the Board of County Commissioners (Board), Collier County Planning Commission (CCPC), Development Services Advisory Committee (DSAC), and the Land Development Review Subcommittee of the DSAC (DSAC-LDR). DSAC Recommendation: On September 03, 2025, the DSAC recommended approval of the LDCA, subject to the following conditions: 1. Density provisions must remain included. 2. Notice shall be provided to surrounding property owners within 1,000 feet in rural areas and 500 feet in urban areas. Over-concentration must be prevented by maintaining a separation of at least 1,000 feet between recovery homes. CCPC Recommendation: The CCPC recommended approval of the LDCA on October 2, 2025. This item is consistent with the Collier County Strategic Plan objective of Responsible Governance to lead by example with positive and purpose-driven actions. FISCAL IMPACT: There are no anticipated fiscal or operational impacts to the County's stakeholders associated with this LDCA. The costs associated with processing and advertising the proposed LDCA are estimated at $50. Funds have been allocated within the Unincorporated Area General Fund (1011) and the Comprehensive Planning Cost Center (138317). GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action. Page 1714 of 6526 10/14/2025 Item # 16.A.3 ID# 2025-2773 LEGAL CONSIDERATIONS: This ordinance complies with the legal requirements of Section 397.487, Florida Statutes. This item is approved as to form and legality and requires a majority vote of the Board for approval of the direction to advertise.-CLD RECOMMENDATIONS: To direct staff to advertise and bring back for a public hearing, an Ordinance amending the Land Development Code, to establish formal procedures and standards for reasonable accommodation requests submitted by certified recovery residences in compliance with Section 397.487, Florida Statutes, PL20250009062. PREPARED BY: Eric L. Johnson, AICP, CFM, Planning Manager, Zoning Division ATTACHMENTS: 1. LDCA (09-22-2025) and Exhibit A 2. Exhibit B Broward Ordinance 3. Exhibit C Orlando Ordinance 4. Reasonable Accommodation Ordinance 10.7.25 Page 1715 of 6526 1 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Oct 14\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (09-22-2025).docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20250009062 SUMMARY OF AMENDMENT To establish formal procedures and standards for reasonable accommodation requests submitted by certified recovery residences, in accordance with Florida Statutes 397.487. LDC amendments are reviewed by the Board of County Commissioners (Board), Collier County Planning Commission (CCPC), Development Services Advisory Committee (DSAC), and the Land Development Review Subcommittee of the DSAC (DSAC-LDR). ORIGIN Growth Management Community Department (GMCD) HEARING DATES LDC SECTION TO BE AMENDED Board TBD 9.05.00 Reasonable Accommodation for Certified Recovery Residences (New Section) CCPC 10/02/2025 DSAC 09/03/2025 DSAC-LDR N/A ADVISORY BOARD RECOMMENDATIONS DSAC-LDR N/A DSAC Approval with recommendations CCPC TBD BACKGROUND Chapter 2025-182, Laws of Florida, which was formerly known as Senate Bill 954, establishes new regulatory requirements for certified recovery residences in Florida , effective July 1, 2025. Pursuant to Section 397.487, Florida Statutes, "By January 1, 2026, the governing body of each county or municipality shall adopt an ordinance establishing procedures for the review and approval of certified recovery residences wit hin 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." These facilities, commonly known as sober homes, offer structured, supportive living environments for individuals recovering from substance use disorders. Typically operated as group living arrangements, recovery residences can present zoning and land use challenges related to occupancy limits, neighborhood compatibility, and use classifications. In the 2025 legislative session, the Florida Legislature passed Senate Bill 954, which requires local governments to adopt an ordinance to establish a process for applicants seeking reasonable accommodations from land use regulations that serve to prohibit the establishment of a certified recovery residence. On June 25, 2025, Governor DeSantis approved Senate Bill 954, and Senate Bill 954 was codified into law as Chapter 2025-182. The proposed LDC amendment complies with the statutory requirements of Section 397.487, Florida Statutes. The City of Orlando and Broward County drafted Ordinances to establish procedures for the review and approval of certified recovery residences in compliance with Chapter 2025-182, which are attached as Exhibits B and C. Both the City of Orlando and Broward County draft Ordinances authorize administrative approval of the certified recovery residence application. Page 1716 of 6526 2 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Oct 14\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (09-22-2025).docx DSAC Recommendation: On September 03, 2025, the DSAC recommended approval of the LDC amendment, subject to the following conditions: 1. Density provisions must remain included. 2. Notice shall be provided to surrounding property owners within 1,000 feet in rural areas and 500 feet in urban areas. 3. Over-concentration must be prevented by maintaining at least 1,000 feet of separation between recovery homes. FISCAL & OPERATIONAL IMPACTS No fiscal impacts are anticipated. GMP CONSISTENCY To be provided by Comprehensive Planning Staff after first review. EXHIBITS: A) Chapter 2025-182, B) City of Orlando draft Ordinance, C) Broward County draft Ordinance Page 1717 of 6526 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Oct 14\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (09-22-2025).docx Amend the LDC as follows: 1 9.05.00 – Reasonable Accommodation for Certified Recovery Residences 2 3 A. Requests for reasonable accommodation by certified recovery residences. This section 4 implements the policy of the Board of County Commissioners of Collier County for 5 processing and considering requests for reasonable accommodation to its zoning and land 6 use ordinances, rules, policies, practices and/or procedures for certified recovery 7 residences in compliance with Section 397.487, Florida Statutes. For purposes of this 8 section, “Certified recovery residence” means a recovery residence that holds a valid 9 certificate of compliance and is actively managed by a certified recovery residence 10 administrator. A certified recovery residence may request a reasonable accommodation 11 with respect to the county’s land use or zoning laws, rules, policies, practices and/or 12 procedures pursuant to the procedures and standards set out in this section. 13 14 B. Submission of request for reasonable accommodation. A request for reasonable 15 accommodation under this section shall be made in writing by completion of a reasonable 16 accommodation request form, which form is maintained by (and shall be submitted to) the 17 County Manager, or designee. The reasonable accommodation form shall contain such 18 questions and requests for information as are necessary for processing the reasonable 19 accommodation request. The reasonable accommodation request form shall be 20 substantially in the form set forth in LDC subsection 9.05.00 K. 21 22 C. Confidentiality of medical information or records. Should information provided to the 23 county by the certified recovery residence include any medical information or records, 24 including records indicating the medical condition, diagnosis or medical history of a 25 resident, such certified recovery center may, at the time of submitting such medical 26 information, request that the county, to the extent allowed by law, treat such medical 27 information as confidential information of the resident. The county shall thereafter 28 endeavor to provide written notice to the certified recovery residence (and/or their 29 representative) of any request received by the county for disclosure of the medical 30 information or records which the certified recovery center has previously requested be 31 treated as confidential by the county. The county will defer to the certified recovery 32 residence, to the extent allowed by law, in actions initiated by such certified recovery 33 residence (and/or their representative) to oppose the disclosure of such medical 34 information or records, but the county shall have no obligation to initiate, prosecute or 35 pursue any such action, or to incur any legal or other expenses (whether by retention of 36 outside counsel or allocation of internal resources) in connection therewith, and may 37 comply with any judicial order without prior notice to the certified recovery residence. 38 Notwithstanding, the foregoing shall not limit the county’s ability to request and review 39 information and documentation relevant to a certified recovery residence’s eligibility for a 40 reasonable accommodation as set forth in LDC subsection 9.05.00 E. 41 42 D. Processing of request for reasonable accommodation; request by county for additional 43 information. 44 45 1. When a reasonable accommodation request form has been completed and 46 submitted to the County Manager, or designee, it will be referred to the County 47 Manager, or designee, for review. The reasonable accommodation request form 48 will be date-stamped upon receipt. The County Manager, or designee, shall render 49 Page 1718 of 6526 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 4 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Oct 14\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (09-22-2025).docx a recommendation to the Board of County Commissioners within thirty (30) days 1 of receipt of the request for reasonable accommodation. The Board of County 2 Commissioners has the authority to consider and render the final determination on 3 requests for reasonable accommodation at a duly noticed public meeting. The 4 Board of County Commissioners, in their sole discretion, may also elect to have 5 the Hearing Examiner render the final determination on the request for reasonable 6 accommodation at a duly noticed public hearing. The county shall inform the 7 applicant in writing of the date and time of the meeting at least ten (10) days prior 8 to said meeting. In addition, mailed notice shall be sent to property owners at least 9 10 days prior to the hearing. Mailed notice shall be to all property owners within 10 500 feet of the subject property in urban designated areas and within 1,000 feet of 11 the subject property in rural designated areas. Notwithstanding LDC section 12 9.05.00 D.2, the county shall issue the written determination of the Board of County 13 Commissioners, or the Hearing Examiner, within sixty (60) days of the date of 14 receipt of a completed application in accordance with LDC section 9.05.00 F. 15 16 2. If reasonably necessary to reach a determination on the request for reasonable 17 accommodation, the County Manager, or designee, may request additional 18 information from the certified recovery residence, specifying in sufficient detail 19 what information is required. If additional information is required, the County 20 Manager, or designee, shall notify the applicant in writing within the first 30 days 21 after receipt of the application and allow the applicant at least 30 days to respond. 22 If the applicant fails to provide the requested additional information within said 30-23 day period, the County Manager, or designee, shall issue a written notice advising 24 that the applicant failed to timely submit the additional information, and therefore 25 the request for reasonable accommodation shall be deemed abandoned and/or 26 withdrawn and no further action by the county with regard to said reasonable 27 accommodation request shall be required. In the event additional information is 28 requested by the County Manager, or designee, the 60-day time frame for issuing 29 a written determination shall be extended by 30 days. 30 31 3. If a written determination is not issued within 60 days after receipt of a completed 32 application, the request is deemed approved unless the parties agree in writing to 33 a reasonable extension of time or the time period is extended under LDC section 34 9.05.00 D.2. The time periods specified herein may be extended by the mutual 35 agreement of the county and certified recovery residence, with such extension 36 confirmed in writing. 37 38 E. Consideration of request for reasonable accommodation. In connection with a request for 39 reasonable accommodation, the County Manager, or designee, shall consider, among 40 other relevant factors, the following: 41 42 1. Eligibility of certified recovery residence. The applicant shall be required to 43 establish that the operator and/or administrator of the certified recovery residence 44 is qualified to provide such services and/or housing to qualifying individuals. An 45 operator and/or administrator may establish its qualification by demonstrating that 46 they are certified by the Florida Association of Recovery Residences, National 47 Alliance for Recovery Residences, or other similar nationally recognized 48 accrediting agency for recovery residences. 49 50 Page 1719 of 6526 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 5 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Oct 14\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (09-22-2025).docx 2. Demonstration that requested accommodation is both reasonable and necessary. 1 The applicant shall demonstrate that the requested accommodation is both 2 reasonable and necessary (as interpreted by the courts) and, if the request is with 3 regard to housing, reasonable and necessary to afford the qualifying residents with 4 an equal opportunity to use and enjoy the certified recovery residence that is the 5 subject of the request, including the following factors: 6 7 a. Therapeutic necessity. The applicant shall demonstrate that the proposed 8 accommodation is therapeutically necessary for sobriety. If the 9 accommodation does not directly aid in sobriety (or if the request exceeds 10 the demonstrated need), then the accommodation shall not be deemed 11 therapeutically necessary. Further, the applicant shall demonstrate that the 12 specific accommodation request constitutes the minimum necessary 13 accommodation to achieve the stated therapeutic purposes. Lastly, if the 14 request for reasonable accommodation is with regard to housing, the 15 applicant shall provide a site-specific assessment with regard to the 16 particular property for which the accommodation is requested. General 17 statements of therapeutic necessity shall not be sufficient to satisfy the 18 requirements of this subsection. 19 20 b. Fundamental alteration. The applicant shall demonstrate that the proposed 21 accommodation does not constitute a fundamental alteration of the 22 county’s zoning scheme and/or other county programs/policies. An 23 accommodation amounts to a fundamental alteration if it would eliminate 24 an essential aspect of the relevant Code provision or policy. Factors to be 25 considered in determining whether the proposed accommodation would 26 result in a fundamental alteration of the county’s zoning scheme include, 27 but are not limited to, whether the accommodation is: 28 29 i. Compatible with surrounding uses and structures in the zoning 30 district; and 31 32 ii. Substantially similar to surrounding uses and structures expressly 33 permitted in the zoning district. 34 35 An applicant shall not be entitled to a reasonable accommodation if the 36 requested accommodation is incompatible with surrounding uses and 37 structures in the zoning district, is not substantially similar to surrounding 38 uses and structures expressly permitted in the zoning district, and the 39 county has not otherwise routinely waived the applicable ordinance, rule, 40 policy, practice or procedure. A requested increase in density shall not be 41 considered a reasonable accommodation. 42 43 c. Undue financial or administrative burden. The applicant shall demonstrate 44 that the proposed accommodation does not impose an undue financial or 45 administrative burden on the county. 46 47 d. Over-concentration of recovery residences. If the request for reasonable 48 accommodation is with regard to housing described in LDC subsection 49 9.05.00 E.2.b, the applicant shall demonstrate that the proposed 50 Page 1720 of 6526 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 6 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Oct 14\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (09-22-2025).docx accommodation will not result in an over-concentration of such housing 1 located in close proximity. At a minimum, a certified recovery residence 2 shall not be located within a radius of 1,000 feet of another certified 3 recovery residence or within a radius of 1,200 feet from another existing 4 community residential home as defined in Section 419.001(1)(a), Florida 5 Statutes. 6 7 e. Economic viability. There is a limited alternative to the establishment of 8 therapeutic necessity in accordance with LDC subsection 9.05.00 E.2.a 9 based upon economic viability. Although difficult to establish, to qualify 10 under this limited alternative the applicant shall present documentation, 11 reports, data, statistics and/or other objective evidence specifically 12 demonstrating that the requested accommodation is necessary for the 13 continued economic viability of the facility, residence or operator, as 14 applicable. Underscoring the limited nature of this alternative, the following 15 shall not be sufficient to establish that the proposed accommodation is 16 necessary for continued economic viability: 17 18 i. A decrease in the share of expenses and costs allocated per 19 individual; 20 21 ii. An increase in income or economic advantage to the certified 22 recovery residence; or 23 24 iii. A generalized statement regarding economic viability that is not 25 supported by objective evidence in accordance with this 26 subsection. 27 28 Further, the applicant shall be required to demonstrate that it could not 29 continue to operate with a smaller facility or residence serving fewer 30 qualifying residents. 31 32 F. Rendition of written determination on request for reasonable accommodation. The written 33 determination on a request for reasonable accommodation shall be sent to the certified 34 recovery residence by certified mail. In the written determination, the Board of County 35 Commissioners, or the Hearing Examiner, may: 36 37 1. Grant the request for reasonable accommodation; 38 39 2. Grant a portion of the request and deny a portion of the request, and/or impose 40 conditions upon the grant of the request; or 41 42 3. Deny the request for accommodation stating with specificity the objective, 43 evidence-based reasons for denial and identifying any deficiencies or actions 44 necessary for reconsideration. 45 46 G. Appeal of written determination. Within 30 days of a written determination, any aggrieved 47 person may appeal the decision to the circuit court having jurisdiction in the county for 48 judicial relief. 49 50 Page 1721 of 6526 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 7 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Oct 14\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (09-22-2025).docx H. Waiver of fees and costs. There shall be no fee imposed by the county upon a certified 1 recovery residence in connection with a request for reasonable accommodation under this 2 section, and the county shall have no obligation to pay any aggrieved person’s attorneys' 3 fees or costs (or any other fees or costs) in connection with the request, or appeal, as 4 applicable. 5 6 I. Code enforcement. No certified recovery residence shall violate any ordinance, rule, 7 policy, practice and/or procedure of the county until the certified recovery residence has 8 requested and obtained a reasonable accommodation. The county shall not be prohibited 9 from enforcing its ordinances, rules, policies, practices and/or procedures in the event of 10 a violation by a certified recovery residence; provided, however, if a certified recovery 11 residence requests a reasonable accommodation, then any order of the special magistrate 12 imposing a fine and/or costs, pursuant to section 2-2030 of the Code of Laws, shall only 13 become effective if such request for accommodation has been denied or withdrawn. 14 15 J. General provisions. The following general provisions shall be applicable: 16 17 1. A certified recovery residence may apply for a reasonable accommodation on its 18 own behalf or may be represented at all stages of the reasonable accommodation 19 process by a person designated by the certified recovery residence. 20 21 2. The contents of the county’s official records regarding a request for reasonable 22 accommodation (and other official records containing information regarding the 23 request), including any documents presented and/or received at a public hearing, 24 shall be deemed part of the record before the county without any action. 25 26 3. The County Manager, or designee, shall reject an application for a reasonable 27 accommodation if a similar request by the certified recovery residence has been 28 considered by the County Manager, or designee, and denied at any time within 29 twelve (12) calendar months immediately prior to the date the application is 30 submitted. 31 32 4. The county may revoke the granted reasonable accommodation for cause, 33 including but not limited to, a violation of the conditions of approval or the lapse, 34 revocation, or failure to maintain certification or licensure required under this 35 section, if not reinstated within 180 days. 36 37 5. In the event the certified recovery residence’s certification or licensure is lapsed or 38 revoked, the certified recovery residence must notify the County Manager, or 39 designee, within three (3) days of said lapse or revocation. 40 41 K. Reasonable accommodation request form. A request for a reasonable accommodation 42 shall be on a form prescribed by the county and shall contain, at a minimum, the following 43 information: 44 45 1. Name of applicant: 46 47 2. Telephone number: 48 49 3. Address: 50 Page 1722 of 6526 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 8 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Oct 14\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (09-22-2025).docx 1 4. Address of housing or other location at which accommodation is requested if 2 applicable: 3 4 5. Describe the accommodation and the specific regulation(s) and or procedure(s) 5 from which accommodation is sought: 6 7 6. Describe the reasons the requested accommodation is reasonable and necessary: 8 9 7. Name address and telephone number of applicant's representative, if applicable: 10 11 8. Signature of the operator and/or administrator of the certified recovery residence, 12 as applicable: 13 14 # # # # # # # # # # # # # 15 Page 1723 of 6526 Exhibit A – Chapter 2025-182 9 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Oct 14\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (09-22-2025).docx Page 1724 of 6526 Exhibit A – Chapter 2025-182 10 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Oct 14\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (09-22-2025).docx Page 1725 of 6526 Exhibit A – Chapter 2025-182 11 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Oct 14\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (09-22-2025).docx Page 1726 of 6526 Exhibit 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PROPOSED ORDINANCE NO. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO ZONING; CREATING AND AMENDING VARIOUS SECTIONS OF CHAPTER 39 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”), IMPLEMENTING CHAPTER 2025-140, LAWS OF FLORIDA, REGARDING SYNTHETIC TURF LOCATED ON SPECIFIED SINGLE FAMILY RESIDENTIAL PROPERTIES, CHAPTER 2025-182, LAWS OF FLORIDA, ESTABLISHING PROCEDURES FOR THE REVIEW AND APPROVAL OF CERTIFIED RECOVERY RESIDENCES, AND CHAPTER 2025-175, LAWS OF FLORIDA, REGARDING CONDOMINIUM AND COOPERATIVE ASSOCIATIONS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. (Sponsored by the Board of County Commissioners) BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA: Section 1. Section 39-4 of the Broward County Code of Ordinances is hereby amended to read as follows: Sec. 39-4. Definitions. . . . Certificate of Use: A document issued by the zoning official, after approval of inspections of the premises by Broward County code enforcement officers, officially Coding: Words stricken are deletions from existing text. Words underlined are additions to existing text. Page 1727 of 6526 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 authorizing buildings, structures, or uses consistent with the terms of the zoning code and any other applicable codes and statutes. Certified recovery residence: A recovery residence that holds a valid certificate of compliance and is actively managed by a certified recovery residence administrator, as defined in Section 397.311, Florida Statutes, as amended. . . . Section 2. Section 39-76 of the Broward County Code of Ordinances is hereby amended to read as follows: Sec. 39-76. Definitions. . . . Groundcover: Low-growing plants, other than turf, used to cover the soil and form a continuous, low mass of foliage. Notwithstanding the foregoing, nothing in this chapter shall be construed to prohibit the installation of synthetic turf that complies with Department of Environmental Protection (“DEP”) standards adopted pursuant to Section 125.572, Florida Statutes, as amended, on single family residential properties that are one (1) acre or less in size. . . . Swale: A low-lying or shallow trough-like depression that carries water, mainly during rainstorms, and that provides flood control and onsite water quality mitigation through removal of pollutants and nutrients associated with runoff. Synthetic turf: A manufactured product that resembles natural grass and is used as a surface for landscaping and recreational areas. . . . Coding: Words stricken are deletions from existing text. Words underlined are additions to existing text. 2 Page 1728 of 6526 45 Section 3. Section 39-85 of the Broward County Code of Ordinances is hereby 46 amended to read as follows: 47 Sec. 39-85. Minimum landscaping requirements for single family and duplex 48 dwellings. 49 All new single family and duplex residential dwellings shall conform to the following 50 landscaping requirements: 51 . . . 52 (b) Generalized minimum landscape and irrigation requirements. The following 53 table shall be used as a general interpretation of the required minimum landscape and 54 buffering standards by lot size. Additional minimum landscape requirements, applicable 55 to all new development, are contained in Section 39-85(c) below. Regulations for each 56 zoning district may contain further landscape requirements related to specific uses. 57 Table 1 58 Minimum Landscape Requirements; Single family, duplex residential uses 59 (subject to additional minimum landscape requirements in Section 39-85(c) of the 60 Code). 60a Lot Size (sq. ft.) < 8,000 8,001 to 11,001 to 14,001 to 17,001 to Each 11,000 14,000 17,000 20,000 additional 3,000 up to one (1) acre 60b . . . . . . . . . . . . . . . . . . . . . Coding: Words stricken are deletions from existing text. Words underlined are additions to existing text. 3 Page 1729 of 6526 60c Turf/ Min 35% Min 30% Min 20% Min 20% Min 20% Min 10% groundcover* 60d . . . . . . . . . . . . . . . . . . . . . 60e *Synthetic turf that complies with DEP standards adopted pursuant to Section 125.572, Florida Statutes, as amended, may be installed on single family residential properties that are one (1) acre or less in size. 61 (c) Additional minimum landscape requirements. 62 . . . 63 (6) Turf and groundcover. 64 a. Either turf, synthetic turf (if permitted by Section 125.572, Florida 65 Statutes), or groundcover, or a combination thereof, shall be installed 66 on all areas of the property not covered by buildings, paving, 67 concrete slabs, or other impervious improvements. Synthetic turf that 68 complies with DEP standards adopted pursuant to 69 Section 125.572, Florida Statutes, as amended, may be installed on 70 single family residential properties that are one (1) a cre or less in 71 size. 72 b. In areas where no turf or groundcover is required, the property shall 73 be maintained in its natural state; except that all invasive species 74 shall be removed. This requirement shall not apply to those single 75 family residential properties that are one (1) acre or less in size 76 where synthetic turf is installed that complies with DEP standards 77 adopted pursuant to Section 125.572, Florida Statutes, as amended. Coding: Words stricken are deletions from existing text. Words underlined are additions to existing text. 4 Page 1730 of 6526 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 c. All areas of disturbed soil shall be covered with either turf, synthetic turf (if permitted by Section 125.572, Florida Statutes), groundcover, or a combination thereof. (7) Irrigation. a. All irrigation systems shall meet the irrigation standards developed pursuant to Section 373.228, Florida Statutes. Unless synthetic turf is installed as permitted by Section 125.572, Florida Statutes, Aall required landscape areas for single family residences and duplex dwellings shall be provided with an automatically-operating automatically operating, underground irrigation system designed to have head-to-head coverage (one hundred percent (100%) coverage with one hundred percent (100%) overlap). . . . Section 4. Section 39-107 of the Broward County Code of Ordinances is hereby created to read as follows: [Underlining omitted] Sec. 39-107. Building Safety Inspection Program; repair requirements and timeframes. (a) The Florida Legislature has found that maintaining a building’s structural integrity throughout its life is essential to ensure that it remains structurally sound and does not pose a threat to public health, safety, or welfare. As such, the Florida Legislature has imposed a statewide structural inspection program for aging condominium and Coding: Words stricken are deletions from existing text. Words underlined are additions to existing text. 5 Page 1731 of 6526 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 cooperative buildings in this state in order to ensure that such buildings are safe for continued use. (b) The Broward County Board of Rules and Appeals (“BORA”) has established a Building Safety Inspection Program for buildings and structures that are twenty -five (25) years of age or older. BORA has established the minimum guidelines and criteria for the Building Safety Inspection Program through written policy, as outlined in BORA Policy No. 05-05, as amended (“Policy”), which is incorporated by reference and made a part of this section. The Building Safety Inspection Program serves as the phase one and phase two milestone inspection requirements for buildings and structures as defined under Section 553.899, Florida Statutes, as amended, and the Florida Building Code, Existing Building (Chapter 18), as amended. (c) In compliance with Section 553.899, Florida Statutes, as amended, the timelines and requirements found in Section G of the Policy, Required Repairs or Modifications, as amended, are incorporated by reference and made a part of this section. If an owner of the building fails to submit proof to the building official that repairs have been scheduled or have commenced within the required timeframes for substantial structural deterioration identified in a phase two inspection report, BORA’s Building Safety Inspection Program must review and determine if the building is unsafe for human occupancy. Section 5. Section 39-114 of the Broward County Code of Ordinances is hereby created to read as follows: [Underlining omitted] Sec. 39-114. Certified recovery residences. Coding: Words stricken are deletions from existing text. Words underlined are additions to existing text. 6 Page 1732 of 6526 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 The Urban Planning Division (“UPD”), or successor agency, shall be the central intake point for filing all applications and supporting documents for certified recovery residences within the Broward Municipal Services District (“BMSD”). Except as otherwise provided in this section, the following procedures shall govern the review of applications for certified recovery residences: (a) Minimum application requirements. An application for a certified recovery residence shall include: (1) The name and contact information of the applicant or the applicant’s authorized representative. (2) The property address and parcel identification number (“Property”). (3) If any local land use regulation serves to prohibit the establishment of a certified recovery residence at the Property, a description of the accommodation requested and the specific regulation or policy from which relief is sought (“Reasonable Accommodation”) must be submitted to UPD. UPD shall not require public hearings beyond the minimum required by law to grant the Reasonable Accommodation. (b) Nondiscrimination: The application and Reasonable Accommodation process shall be consistent with the Fair Housing Amendments Act of 1988, 42 U.S.C. ss. 3601 et seq., and Title II of the Americans with Disabilities Act, 42 U.S.C. ss. 12131 et seq, as amended. The land use regulation for which the applicant is seeking a Reasonable Accommodation must not facially discriminate against or otherwise disparately impact the applicant. Coding: Words stricken are deletions from existing text. Words underlined are additions to existing text. 7 Page 1733 of 6526 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 (c) Date-stamp. UPD shall date-stamp each application for a certified recovery residence upon receipt. If additional information is required, UPD shall notify the applicant in writing within the first thirty (30) days after receipt of the application and allow the applicant at least thirty (30) days to respond. (d) Final written determination. UPD shall issue a final written determination on the application within sixty (60) days after receipt of a completed application. The determination must (i) approve the request in whole or in part, with or without conditions; or (ii) deny the request, stating with specificity the objective, evidence -based reasons for denial and identifying any deficiencies or actions necessary for reconsideration. If a final written determination is not issued within sixty (60) days after receipt of a completed application, the request is deemed approved unless the parties agree in writing to a reasonable extension of time. (e) The application of this section does not supersede any current or future declaration or declaration of condominium adopted pursuant to Chapter 718, Florida Statutes; any cooperative document adopted pursuant to Chapter 719, Florida Statutes; or any declaration or declaration of covenant adopted pursuant to Chapter 720, Florida Statutes, as amended. Coding: Words stricken are deletions from existing text. Words underlined are additions to existing text. 8 Page 1734 of 6526 162 163 164 165 166 167 168 169 170 171 172 173 174 Section 6. Severability. If any portion of this Ordinance is determined by any court to be invalid, the invalid portion will be stricken, and such striking will not affect the validity of the remainder of this Ordinance. If any court determines that this Ordinance, in whole or in part, cannot be legally applied to any individual, group, entity, property, or circumstance, such determination will not affect the applicability of this Ordinance to any other individual, group, entity, property, or circumstance. Section 7. Inclusion in the Broward County Code of Ordinances. It is the intention of the Board of County Commissioners that the provisions of this Ordinance become part of the Broward County Code of Ordinances as of the effective date. The sections of this Ordinance may be renumbered or relettered and the word “ordinance” may be changed to “section,”“article,” or such other appropriate word or phrase to the extent necessary to accomplish such intention. Coding: Words stricken are deletions from existing text. Words underlined are additions to existing text. 9 Page 1735 of 6526 175 176 Section 8. Effective Date. This Ordinance is effective as of the date provided by law. ENACTED PROPOSED FILED WITH THE DEPARTMENT OF STATE EFFECTIVE Approved as to form and legal sufficiency: Andrew J. Meyers, County Attorney By: /s/ Alexis Marrero Koratich 08/06/2025 Alexis Marrero Koratich (date) Assistant County Attorney By: /s/ Maite Azcoitia 08/06/2025 Maite Azcoitia (date) Deputy County Attorney AIK/gmb Zoning Code Amendment 2025 Legislative Session Ordinance 08/06/2025 #60049 Coding: Words stricken are deletions from existing text. Words underlined are additions to existing text. 10 Page 1736 of 6526 CITY OF ORLANDO a Council Agenda Item Title: Ordinance No. 2025-23 Land Development Code Amendment Establishing Procedures for the Review and Approval of Reasonable accommodations for the establishment of certified recovery Residences; Providing a Process for Reasonable Accommodation Requests to the City's Land Development Ordinances, Rules, Policies, and Procedures for Persons with Disabilities as Provided by the Fair Housing Amendments Act, Title II of the Americans with Disabilities Act, and Other Applicable State and Federal Regulations ( LDC2025- 10000) ( Economic Development) Meeting Date: July 14, 2025 Section: Hearings/Ordinances/2nd Read Contact: Shannan Stegman District: ALL Fiscal Impact: Fiscal Impact Statement Attached Summary: This proposed LDC amendment will implement a procedure for processing reasonable accommodation requests for persons with disabilities as provided by the FHA and ADA. These types of requests are supported by the federal Fair Housing Amendments Act ( 42 USC. 3601. et. seq.) (" FHA") and/or Title H of the Americans with Disabilities Amendments Act ( 42 USC. Section 12131, et. seq.) (" ADA"). The FHA makes it unlawful to refuse " to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford person(s) [with disabilities] equal opportunity to use and enjoy a dwelling " Staff has had difficulty reviewing and granting these requests due to the lack of a formal process and adopted procedures for doing so. The proposed procedure will ensure that people with disabilities enjoy equal access to housing opportunities while still preserving the overall intent and purpose of the City's zoning regulations. For the purposes of this amendment and subsequent regulations a disabled person" is an individual that qualifies as disabled and/or handicapped under the FHA and/or ADA. The word " individual" shall include, for purposes of this section, multiple people, or qualified entities. The Municipal Planning Board ( MPB) recommended approval of this item at its April 2025 public hearing. CltyCouncil Meeting, 7 11(41O0,)$ -- Item: q Documentary: a 507/ y/X L responsive aria respoirswpre rr;anrre, Page 1 of 2 Page 1737 of 6526 CITY OF ORLANDO Council Agenda Item Recommended Action: Adopt Ordinance No.2025-23, and authorize the Mayor and City Clerk to execute the same, after final review and approval by the City Attorney's Office. V4 Enhance the quality of life in the City by delivering public services in a knowledgeable. responsive and financially responsible manner." Page 2 of 2 Page 1738 of 6526 Orlando Sentinel MFI)1A. GROUP Published Daily in Orange, Seminole, Lake, Osceola & Volusia Counties, Florida Sold To: City of Orlando - CU00118969 400 S Orange Ave, F1 2 Orlando, FL 32801-3360 Bill To: City of Orlando - CU00118969 400 S Orange Ave, F1 2 Orlando, FL 32801-3360 State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the ORLANDO SENTINEL, a DAILY newspaper published in ORANGE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11150 -Public Hearing Notice Was published in said newspaper by print in the issues of, or by publication on the newspaper's website, if authorized on Jul 03, 2025. Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Rose Williams Signature of Affiant Name of Affiant Sworn to and subscribed before me on this 4 day of July, 2025, by above Affiant, who is personally known to me ( X) or who has produced identification O. Signature of Notary Public Notary Public 5ue• of Florida L••nn• Rott4na tvljl Cornmitflon MM 340022 Expires 417712021 Name of Notary, Typed, Printed, or Stamped 7834211 Page 1739 of 6526 Orlando Sentinel 1FV 1A CROUP NOTICE OF PROPOSED ENACTMENT On Monday, July 14, 2025, the Orlando City Council will consider proposed Ordinance #202.5-23, entitled AN ORDINANCE OF THE CITY OF ORLANDO., FLORIDA, AMENDING CHAPTER 65, ORLANDO CITY CODE, TO ESTABLISH PROCEDURES FOR THE REVIEW AND APPROVAL OF REASONABLE ACCOMMODATIONS FOR THE ESTABLISHMENT OF CERTIFIED RECOVERY RESIDENCES; PROVIDING A PROCESS FOR REASONABLE ACCOMMODATION REQUESTS TO THE CITY'S LAND DEVELOPMENT ORDINANCES, RULES, POLICIES AND PROCEDURES FOR PERSONS WITH DISABILITIES AS PROVIDED BY THE FAIR HOUSING AMENDMENTS ACT, TITLE II OF THE AMERICANS WITH DISABILITIES ACT AND OTHER APPLICABLE STATE AND FEDERAL REGULATIONS PROVIDING LEGISLATIVE FINDINGS AND FOR SEVERABILITY, CODIFICATION, CORRECTION OF SCRIVENER'S ERRORS, AND AN EFFECTIVE DATE. A public hearing on this ordinance will be held during Council's regular meeting beginning at 2:00 p.m., in Council Chamber, 2nd floor, Orlando City Hall, 400 S. Orange Ave., Orlando, Florida. Interested parties may appear at the meeting and be heard with respect to the proposed ordinance. All pertinent information about meeting access and participation instructions will be available on orlando.govf councilmeetfng at least 3 days prior to the meeting. Additionally, interested parties are invited to watch the meeting live and may participate by providing public comment during the meeting or submitting written public comment In advance regarding the proposed ordinance. The opportunity to provide public comment is available until the designated public comment portion of the item is closed. All items received are public record. The proposed ordinance may be inspected at the Office of the City Clerk located on the 2nd floor, Orlando City Hall, 400 S. Orange Ave., Orlando, Florida or online at orlando.gov. Anyone who desires to appeal an official decision made at this meeting, if an appeal is permitted by law, may need to obtain a verbatim record of the proceedings that includes the testimony and evidence upon which the appeal is based. The City of Orlando is committed to reasonably accommodating the communication needs of persons with disabilities. Persons with disabilities who need reasonable accommodations to participate in this meeting, contact no later than 24 hours in advance of the meeting, the Office of the Cfty Clerk at 407.246.2251 or cityclerk@orlando.gov. 7834211 7/3/2025 7834211 Page 1740 of 6526 Orlando Sentinel MEDIA GROUP Page 1741 of 6526 ORDINANCE NO. 2025-23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4() 41 42 AN ORDINANCE OF THE CITY OF ORLANDO, FLORIDA, AMENDING CHAPTER 65, ORLANDO CITY CODE, TO ESTABLISH PROCEDURES FOR THE REVIEW AND APPROVAL OF REASONABLE ACCOMMODATIONS FOR THE ESTABLISHMENT OF CERTIFIED RECOVERY RESIDENCES; PROVIDING A PROCESS FOR REASONABLE ACCOMMODATION REQUESTS TO THE CITY'S LAND DEVELOPMENT ORDINANCES, RULES, POLICIES AND PROCEDURES FOR PERSONS WITH DISABILITIES AS PROVIDED BY THE FAIR HOUSING AMENDMENTS ACT, TITLE II OF THE AMERICANS WITH DISABILITIES ACT AND OTHER APPLICABLE STATE AND FEDERAL REGULATIONS; PROVIDING LEGISLATIVE FINDINGS AND FOR SEVERABILITY, CODIFICATION, CORRECTION OF SCRIVENER'S ERRORS, AND AN EFFECTIVE DATE. WHEREAS, section 163.3202(1), Florida Statutes, requires that the City of Orlando, Florida ( the " City"), adopt or amend and enforce land development regulations that are consistent with and implement the City's adopted comprehensive plan; and WHEREAS, section 163.3202(3), Florida Statutes, encourages the use of innovative land development regulations and requires that all land development regulations be combined into a single land development code for the City; and WHEREAS, from time to time, amendments and revisions to the City's adopted comprehensive plan ( the " Growth Management Plan"), progress in the field of planning and zoning, or changes to state law make it necessary or desirable to amend the land development regulations of the City; and WHEREAS, the City desires to provide a reasonable accommodation application procedure to ensure that people with disabilities enjoy equal access to housing opportunities while still preserving the overall intent and purpose of the City's zoning regulations; and WHEREAS, the purpose of this ordinance is to establish procedures for the review and approval of a reasonable accommodation for the establishment of a certified recovery residence and from the City's land development ordinances, rules, policies and procedures for persons with disabilities as provided by the Fair Housing Amendments Act and the Americans with Disabilities Act and other applicable state and federal regulations; and City Council Meeting: Item:_/,?.q Documentary: 50-71 LI lam Page 1 of 8 LDC202S-1O0O0 Reasonable Accommodation CODING: Words stricken are deletions; words underlined are additions; ' 1** denote omitted text. Page 1742 of 6526 ORDINANCE NO. 2025-23 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 WHEREAS, at its regularly scheduled meeting of April 15, 2025, the Municipal Planning Board recommended to the City Council of the City of Orlando, Florida ( the " Orlando City Council"), that the provisions of this ordinance are consistent with the applicable provisions of the City's adopted Growth Management Plan and the State Comprehensive Plan; and WHEREAS, the Orlando City Council hereby finds and determines that this ordinance is consistent with the applicable provisions of the city's adopted Growth Management Plan, is in the best interest of the public health, safety, and welfare, and is in harmony with the purpose and intent of the city's Land Development Code. NOW THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF ORLANDO, FLORIDA, AS FOLLOWS: SECTION 1. CHAPTER 65, PART 2, AMENDED. Chapter 65, Part 2, Orlando City Code is hereby amended as follows: PART 2 — ZONING APPLICATIONS AND PROCEDURES 2M. - REASONABLE ACCOMMODATION Sec. 65.399.3 - Procedural Requirements for Reasonable Accommodation Requests. A. Purpose and Applicability. The purpose of this section is to establish procedures for the review and approval of requests for a reasonable accommodation for the establishment of certified recovery residences and in the application of the City's ordinances, rules, policies, and procedures for persons with disabilities as provided by the federal Fair Housing Amendments Act ' 42 U.S.C. 3601, et seq.) (" FHA" and Title II of the Americans with Disabilities Act ( 42 U.S.C. Section 12131, et seq.` "` ADA"). For the purpose of this section, a " disabled" person is an individual that qualifies as disabled and or handicapped under the FHA and/or ADA. B. Requirements for Filing a Reasonable Accommodation Request: 1. Any person who is disabled ( or qualifying entity) ( collectively Applicant") may request a reasonable accommodation with respect to Page 2 of 8 LDC2025-1O0O0 Reasonable Accommodation CODING: Words stfieken are deletions; words underlined are additions; denote omitted text. Page 1743 of 6526 ORDINANCE NO. 2025-23 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 the City's land use or zoning laws, rules, policies, practices, and/or procedures as provided by the FHA and ADA pursuant to the procedures set forth in this section. It is the obligation of the Applicant to establish that they, or those on whose behalf the request is made, are protected under the FHA and/or ADA by demonstrating that they, or those on whose behalf the rec uest is made, are disabled/handicapped as defined by the FHA and/or ADA and that the proposed accommodation is both reasonable and necessary to afford the Applicant, or those on whose behalf the request is made, an equal opportunity to use and enoy the residential dwelling. 2. A request by an Applicant for a reasonable accommodation under this section shall be made to the Planning Division. The reasonable accommodation request shall at a minimum provide the following information: a. The name and contact information of the individual with a disability or handicap ( Applicant). b. The location where reasonable accommodation is requested, including address, if applicable. If the Applicant is not the owner of the property where the reasonable accommodation is being requested, then the contact information for the owner is also required to be provided. c. A description of the accommodation needed, identifying the ordinances, rules, or policies for which the Applicant needs reasonable accommodation. d. A description of why the requested accommodation is necessary. A certification stating the following: I CERTIFY UNDER PENALTY OF PERJURY THAT THE INFORMATION PROVIDED IN THIS REQUEST IS TRUE AND CORRECT. I UNDERSTAND THAT IF I KNOWINGLY PROVIDE FALSE INFORMATION WITH THIS REQUEST, MY REQUEST SHALL BECOME NULL AND VOID. e. The signature of the Applicant and date. f. Verification of Disability Status executed by someone with personal knowledge of the Applicant's disability, such as a medical or social services professional. If the request is made by a qualifying entity on Page 3 of 8 LDC2025-1O0O0 Reasonable Accommodation CODING: Words stric < en are deletions; words underlined are additions; ""' denote omitted text. Page 1744 of 6526 ORDINANCE NO. 2025-23 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 g• behalf of disabled individuals: it is the continuing obligation of the qualifying entity to submit Verification of Disability Status on behalf of each of the disabled individuals. ( Separate form provided by Planning Division'. Any additional information or documentation the Requestor feels is necessary to support the request for reasonable accommodation. 3. Should the information provided by the Applicant to the City include medical information or records, including records indicating the medical condition, diagnosis or medical history of the disabled individual(s), such individual(s) may, at the time of submitting such medical information, request that the City, to the extent allowed by law, treat such medical information as confidential information of the disabled individual's' 4. The Planning Division shall date - stamp the application upon receipt and shall notify the applicant in writing within 30 days if additional information is required. The applicant must provide the requested information within 30 days. C. Review Process. Within 60 days of receiving the completed application, the Zoning Official shall review the request for reasonable accommodation and make a determination consistent with the FHA and/or ADA after considering the following: 1. Whether the Requestor has established that he/she is protected under the FHA and/or ADA by demonstrating that they are handicapped or disabled, as defined in the FHA and/or ADA. To do this, the disabled and/or handicapped individual must show: a. A physical or mental impairment which substantially limits one ( 1) or more ma'or life activities ( Verification of Disability Status); b. That they are regarded as having such impairment; and c. A record of having such impairment. 2. Whether the requested accommodation is reasonable and necessary to afford the Requestor an equal opportunity to use and en'oy the Page 4 of 8 LDC2025-1O0O0 Reasonable Accommodation CODING: Words sH ee are deletions; words underlined are additions; "`* denote omitted text. Page 1745 of 6526 ORDINANCE NO. 2025-23 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 dwelling, building or structure, or provides accessibility in another manner. 3. Whether the requested accommodation would impose an undue financial or administrative burden on the City. 4. Whether the requested accommodation would require a fundamental alteration in the nature of the land use and zoning regulations of the City• D. Spatial Considerations. If the clustering of similar uses would occur by the granting of an Applicant's reasonable accommodation request, it shall be the obligation of the Applicant to establish that such clustering would not create a fundamental alteration of a residential neighborhood and will best meet the needs of the Applicant. E. Alternative Accommodation. If the Zoning Official finds that the requested accommodation will impose an undue financial or administrative burden on the City or will require a fundamental alteration in the nature of the City's land use or zoning regulations, the Zoning Official may consider whether an alternative reasonable accommodation exists which would effectively meet the disability - related need. An alternative reasonable accommodation may be the requested accommodation with conditions. In conducting the review, the Zoning Official ( or representative) may make a site visit to the property where the reasonable accommodation is being requested, if applicable. F. Determination. Once review of the request is complete, the Zoning Official shall make a determination to: 1. Grant the accommodation request. 2. Grant a portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request; or 3. Deny the request, in accordance with state and federal law. The determination shall be in writing. If the determination is for denial, the reasons for the denial are required to be stated. The final determination shall give notice of the right and method to appeal. If the Page 5 of 8 LDC2025-IO0O0 Reasonable Accommodation CODING: Words itii4en are deletions; words underlined are additions; denote omitted text. Page 1746 of 6526 ORDINANCE NO. 2025-23 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 final written determination is not issued within 60 days after receipt of the completed application, the request is deemed approved unless the parties agree in writing to a reasonable extension of time. G. Appeals. Whenever the applicant disagrees with the decision of the Zoning Official or any of the conditions imposed as part of the terms under which the Reasonable Accommodation is approved, they may elect to appeal the application to the Board of Zoning Ad'ustment. The appeal shall be reviewed by the Board of Zoning Ad'ustment as outlined in Sec. 65.113 of the Land Development Code. H. No fee. There shall be no fee imposed by the City in connection with a request for reasonable accommodation or any appeal. The City shall have no obligation to pay a requesting party's or an appealing party's attorney fees or costs in connection with the request, or an appeal. Stay of Enforcement. While a request for reasonable accommodation, or its appeal, is pending, the City will not enforce any applicable Code of Ordinances and/or Land Development Code, rule, policy, or procedure against the Requestor. J. General Provisions. The following general provisions are applicable: 1. A disabled or handicapped individual ( Applicant) may apply for a reasonable accommodation on his/her own behalf or may be represented at all stages of the reasonable accommodation process by an attorney, legally appointed guardian, or other person designated by the disabled individual as a power of attorney. 2. In the event that a reasonable accommodation is granted, the Applicant shall comply with any and all applicable building and/or engineering permitting processes required by the Code of Ordinances and/or the Land Development Code of the City. 3. A reasonable accommodation is specific to the individual with a disability and/or handicap and does not run with the land. 4. A reasonable accommodation does not alter an individual's obligation to comply with other applicable federal, state, county, or City requirements, rules, regulations, or laws. Page 6 of 8 LDC2025 -10000 Reasonable Accommodation CODING: Words taricken are deletions; words underlined are additions; **' denote omitted text, Page 1747 of 6526 ORDINANCE NO. 2025-23 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 K. Revocation. The Planning Official shall have the authority to consider and act on a revocation or modification of a reasonable accommodation if the applicant or the property upon which the accommodation is granted is found in violation of any provision of the determination granting the reasonable accommodation by a court of law or by the Code Enforcement Board. SECTION 2. CODIFICATION. The City Clerk and the City Attorney shall cause the Code of the City of Orlando, Florida, to be amended as provided by this ordinance and may renumber, re - letter, and rearrange the codified parts of this ordinance if necessary to facilitate the finding of the law. SECTION 3. SCRIVENER'S ERROR. The City Attorney may correct scrivener's errors found in this ordinance by filing a corrected copy of this ordinance with the city clerk. SECTION 4. SEVERABILITY. If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 5. EFFECTIVE DATE. This ordinance takes effect upon adoption. DONE, THE FIRST READING, by the City Council of the City of Orlando, Florida, at a regular meeting, this 2 day of Tone , 2025. DONE, THE PUBLIC NOTICE, in a newspaper of general circulation in the City of Orlando, Florida, by the City Clerk of the City of Orlando, Florida, this 3 day of Tic / y , 2025. DONE, THE SECOND READING AND HEARING, AND ENACTED ON FINAL PASSAGE, by an affirmative vote of a majority of a quorum present of the City Council of the City of Orlando, Florida, at a regular meeting, this J Li day of Tu I j , 2025. Page 7 of 8 LDC2025-1O000 Reasonable Accommodation CODING: Words stFieken arc deletions; words underlined are additions; ''`*" denote omitted text. Page 1748 of 6526 ORDINANCE NO. 2025-23 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 ATTEST, BY THE CLERK OF THE CITY COUNCIL OF THE CITY OF ORLANDO, FLORIDA: City Clerk BY THE MAYOR OF THE CITY OF Ohantt "Lei'hcitt Print Name APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF ORLANDO, FLORIDA: al&J(C_ Assistant City Attorney e- c --I- Print Name City Council Meeting: 7// N /aO& tern: / 9.q Documentary: ( 95-071q1,3 Page 8 of 8 LDC2025-1O0O0 Reasonable Accommodation CODING: Words stricken are deletions; words underlined are additions; ** denote omitted text. Page 1749 of 6526 1' CITY OF ORLANDO Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City's website by the time notice of the proposed ordinance is published. Proposed ordinance's title/reference: Ordinance No. 2025-23 - Land Development Code Amendment establishing procedures for the review and approval of reasonable accommodations for the establishment of certified recovery residences; providing a process for reasonable accommodation requests to the City's Land Development ordinances, rules, policies, and procedures for persons with disabilities as provided by the Fair Housing Amendments Act, Title 11 of the Americans with Disabilities Act, and other applicable State and Federal regulations. LDC2025-10000) (Economic Development) This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, a business impact estimate is not required by state law' for the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. The proposed ordinance is required for compliance with Federal or State law or regulation; The proposed ordinance relates to the issuance or refinancing of debt; The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; The proposed ordinance is an emergency ordinance; The ordinance relates to procurement; or The proposed ordinance is enacted to implement the following: a. A development order or development permit, as defined in s. 163.3164, F.S.; a development agreement as authorized by ss. 163.3220-163.3243, F.S.; or a comprehensive plan amendment or land development regulation amendment initiated by an application by a private party other than the municipality; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. See Section 166.041(4)(c), Florida Statutes. 1 Page 1750 of 6526 1' CITY OF ORLANDO In accordance with the provisions of controlling law, the City of Orlando hereby publishes the following information: 1. Summary of the proposed ordinance ( must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): The proposed ordinance will implement a procedure for processing reasonable accommodation requests for persons with disabilities as provided by the FHA and ADA. These types of requests are supported by the federal Fair Housing Amendments Act ( 42 USC. 3601. et. seq.) (" FHA") and/or Title II of the Americans with Disabilities Amendments Act ( 42 USC. Section 12131, et. seq.) (" ADA"). The FHA makes it unlawful to refuse " to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford ...person(s) [with disabilities] equal opportunity to use and enjoy a dwelling." Staff has had difficulty reviewing and granting these requests due to the lack of a formal process and adopted procedures for doing so. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City of Orlando, if any: a) An estimate of direct compliance costs that businesses may reasonably incur; b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and c) An estimate of the City of Orlando's regulatory costs, including estimated revenues from any new charges or fees to cover such costs. N/A 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: N/A 4. Additional information the governing body deems useful ( if any): You may wish to include in this section the methodology or data used to prepare the Business Impact Estimate. For example: City of Orlando staff solicited comments from businesses in the city as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on city website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated ( individuals as well as businesses) and, therefore, the proposed ordinance does not affect only businesses). 2 Page 1751 of 6526 DRAFT 1OT7/25 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04. 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO ADOPT A REASONABLE ACCOMOOATIONS PROCEDURE FOR CERTIFIED RECOVERY RESIDENCES IN COMPLIANCE WITH SECTION 397.487, FLORIDA STATUTES, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY ADOPTION OF THE FOLLOWING: CHAPTER I - VARIANCES FROM CODE REQUIREMENTS, SEGTION 9.O5.OO - REASONABLE ACCOMMODATION FOR CERTIFIED RECOVERY RESIDENCES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTTON StX, EFFECTTVE DATE. [pL20250009062] Recitals WHEREAS, on October 30, 1991 , the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No.04-41, which repealed and superseded Ordinance No.91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18,2004, and WHEREAS, on March 18, '1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Collier County Planning Commission, sitting as the land planning agency, did hold an advertised public hearing on _, 2025, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on _, 2025, and did take action concerning these amendments to the LDC; and [25-LDS-00376/1977101llll24 Page I of9 Words s+ru€k+h+ough are deleted, words underlined are added ORDINANCE NO. 2025 - Page 1752 of 6526 DRAFT 10/7/25 WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1)and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. S 163.3161 e, seq.), and F S. S 125.01 (1 )(t) and (1Xw); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. Vlll, S 1(S); ana WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE lT ORDAINED by the Board of County Commissroners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact. 1. Collier County, pursuant to S '163.3161, ef seq., F.S., the Florida Community Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular S 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. [25-LDS-00376/1977101llll24 Page 2 of9 Words s+nrele+hrengh are deleted, words underlined are added Page 1753 of 6526 DRAFT 10/7/25 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive plan pursuant to the requirements of $ 163.3161 et seq., F.S. 7. Section 163.319a(1 )(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan or element shall be consistent with such comprehensive plan or element as adopted. 8. Pursuant to $ 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or rntensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the ob.iectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991 , Collier County adopted the Collier County Land Development Code, which became effective on November 1 3, 1991 . The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social [25-LDS-00376/1977101l1ll24 Page 3 of9 Words s*tlek {hreugh are deleted, words qfug1!1gQ are added Page 1754 of 6526 DRAFT 1Ot7/25 and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. lt is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: AOOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE Section 9.05.00 Reasonable Accommodation for Certified Recovery Residences, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby added to read as follows: Re uests for reasonable accommodation b te es on implements the policy of the Board of County Commissioners of Collier County for processinq and considerinq requests for reasonable accommodation to its zoninq and land use ordinances, rules, policies, practices and/or procedures for certified recoverV residences in compliance with Section 397.487, Florida Statutes. For purposes of this secti "Certified recove residence" means a recoverv residence that holds a validon. certificate of com liance and i activ m a cov e administrator. A certified recoverv residence mav request a reasonable accommodation with respect to the county's land use or zoninq laws, rules, policies, practices and/or B!-o elltl!'eg pulqlrant tq the procedures and standards set out in this section B. Submlssion of request for reasonable accommodation A request for reasonable accommodation under this section shall be made in writinq bv comoletion of a reasonable accommodation request form, which form is maintained bv (and shall be submitted to) the County Manaqer, or desionee. The reasonable accommodation form shall contain such tron e slq fn r inf ron s ar c ncaaqerr\/for cessr ehnarthnason accommodation request. The reasonable accommodation request form shall include the information set forth in LDC subsection 9.05.00 K and the Administrative Code C. Confidentialitv of medical information or records. Should information provided to the Count the certified recove residence include an medical information or recordsb includinq records indicatinq the medical condition, diaqnosis or medical history of a resident, such certified recoverv center may, at the time of submittinq such medical information, request that the County,to the extent allowed bv law, treat such medical information as confidential information of the resident. The County shall thereafter endeavor to provide written notice to the certified recovery residence (and/or their representative) of anv request received bv the ountv for d isclosure of the medicalc information or records which the certafied recovery center has previously requested be treated as confidential bv the County. The County will defer to the certified recot4efy residence, to the extent allowed bv law. in actions initrated bv such ce rtified recoverv residence (and/or their representative) to o oo ose the disclosure of such medical information or records, but the Countv shall have no oblioation to initiate, prosecute or pursue anv such action, or to incur anv leq al or other expenses (whether bv retention of [25-LDS-00376/ 1977101/11124 Page 4 of9 Words stsu€k+h+€+gh are deleted, words underlined are added Section 9.05.00 Reasonable Accommodation for Certified Recoverv Residences Page 1755 of 6526 DRAFT 10/7/25 outside counsel or allocation of internal resources) in connectio n therewith, and mav comolv with anv iudicial order without prior notice lo the certified recovery residence Notwithstandino. the foreo o rno shall not limit the Countv's abilitv to reouest and review information and documentation relevant to a certified recovery residence's eli qibilitv for a reasonable acco mm od ation as set forth in LDC subsection 9.05.00 E D. Process of request for reasonable accommodation: reouest bv Countv for additionallnQ information 1. When a reasQnable accommodation request form has been completed and submitted to the Coun qM ana CT or desiqnee, it will be referred to the Countv Manaoer. or desionee. for review. Th e reasonable accommodation request form will be date-stamped upon receiot. The Count y Manaqer. or desiqnee, shall render a recommendation to the Board of C ounty Commissioners within thirtv (30) davs I of ere uest for reasonable accommodation. The Board of Cou Commissioners has the authoritv to cons ider and render the final determination on requests for reasonable accommodation at a dulv noticed oublic meetino. The Board of Countv Commissioners, in their sole dis cretion, may also elect to have the Hearino Examiner render the final determination on the request for reasonable accommodation at a dulv noticed o b lic hearino. The Countv shall inform theU aDol ca nt in writin of the date and time of the meetino at least ten ( 1 0) davs orior0 to said meetinq. ln addition. m ailed notice shall be sent to propertv owners at least 10 da rior to the hearin lVlailed notice shallS ll n rs within 500 feet of the su b o ro o ert in urban desionated areas and within 1,000 feet of the S ubi ect o ro o ert in rural desi nated areas. Notwithstandino LDC sectiono 9.05.00 D.2, the county shall issue the written determination of the Board of Countv Commissioners, or the Hearinq Examiner , within sixtv (60) davs of the date of receiot of a comD let da OD lication in accordance with LDC section 9.05.00 Fe 2. tf reasonabl ne ce ssa to reach a determination on the reouest for reasonable accommodation. the Countv lvla or desionee. mav reouest additionalnaoer information from the certified recovery residence . specifvinq in sufficient detail what information IS reo uired. lf additional information is reouired, the Countv Manaqer, or desionee. shall notifv the applicant in writinq within the first 30 days aft e rre Dt of the a OD lication and allow the aoolicant at least 30 davs to resDond lf the applicant fails to provide the reouested add itional information within said 30- day period, the County Manaqer, or desiqnee, shall issue a written notice advisinq that the aoolic ant failed to timel submit the additional information. and therefore the re uest for reasonable ccomm n h n nd/ withdrawn and no further action by the Count v with reqard to said reasonable accommodation reouest shall be reoui In the event additional information is reo ues ted b vth e Count Mana o er or desionee, the 60-dav time frame for issuino a written determination s hall be extended bv 30 davs 3. lf a written detellnination is not issued within 60 days after receipl of a completed aoolication. the reouest is deemed aooro ved unless the parties aqree in writinq to a reasonable extension ofltllne or the time period is extended under LDC section 9.05.00 D.2. The time periods specified herein ma v be extended bv the mutual a TC ment of th UN d n confirmed in writino E, Consideration of request for reasonable accommodation. ln connection with a request for reasonable accommodation, the Countv Man aqer, or desiqnee, shall consider, amonq other relevant factors, the followinq [25-LDS-00376/197'7101/11124 Page 5 of9 Words s+ruek+h+eugb are deleted, words underlined are added Page 1756 of 6526 DRAFT 10/7/25 1. Elioibilitv of ceftified recoverv residence The a DD licant shall be reouired to establish that the oDerat or and/or adminlstator of the certified recoverv residence is qualified to Drovide such service s and/or housino to o ualifvinq individuals. An ooerator and/or admi nistrator mav establish its oua lification bv demonstratino that thev are certified bv th e Florida Association of Recoverv Residences, National Alliance for Recoverv Residences. or oth er similar nationallv recoonized accreditinq aoencv for recove ry residences a.Iherapeutlc necesslty. The applicant ghall demonstrate that the proposed ccommodation is thera oe uticall necessary for sobrietv. lf the accommodation does nel d]Iect!yAid in sobrietv (or if the request exceeds the d e mon strated need then the accommodation shall not be deemed theraoeuticallv nece ssa Further the aDplicant shall demonstrate that the speqiflc accommodation request constitutes the minimum necessary accommodation to achieve the stated therapeutic purposes. Last V, if the request for reasonable accommodation is with reqard to housinq, the applicant Ehall provide a site-specific assessment with reqard to the oa lar orrt icu o oe rtv for which the accommodation is requested. General qlalelocnls of therapeutic necessity shall not be sufficient to satisfy the req utrem en ts of this subsection b c. [25-LDS-00376/ 197'7101/l)124 Page 6 of9 Words s{flr€}e{hr€ugh are deleted. words underlined are added 2. Demonstration that reouested accommodation is both reasonable and necessav. The aoplicant shall demonstrate that the reouested accommodation is both reasonable and necessarv (as interpreted by the courts) and. if the request is with reqard to housino, reasonable and necessarv to afford the qualifvinq residents with an equal opportunitv to use and eniov the certified recovery residence that is the subiect of the request, includino the followino factors. Fundamertal a/leratlon. The applicant shall demonstrate that the orooosed accommodation does not constitute a fundamental alteration of the Countv's zonino scheme and/or other Countv orooram s/policies. An accommodation amounts to a fundamental alteration rf it would eliminate an essential aspect of the relevant Code provision or oolicv. Factors to be considered in determininq whether the oroposed accommodation would result in a fundamental alteration of the Countv's zonino scheme include, but are not limited to. whether the accommodation is: i. Compatible with surroundinq uses and structures in the zoninq district. andii. Substantiallv similar to surroundino uses and structures expresslv permitted in the zoninq district. An aoolicant shall not be entitled to a reasonable accommodation if the reouested accommodation is incomoatible with surroundino uses and structures in the zoninq district, is not substantiallv similar to surroundinq uses and structures exDresslv Dermitted in the zoninq district. and the Countv has not otherwise routinelv waived the aoolicable ordinance, rule, policv. practice or procedure. Undue financial or administrative burden. f he aoolicanl shall demonslrale that the proposed accommodation does not impose an undue financial or administrative burden on the Countv. Page 1757 of 6526 d.Over-concent ration of recove DRAFT 10/7/25 resrdences. lf the request for reasonable accommodation is with reqard to housin q described in LDC subsection 9.05.00 E.2. b. the aoolic ant shall demonstrate that the orooosed accommodation will not result in an over-concentration of such housino located in close roxtm At a minimum a certifi sid nce shall not be lo ca ed within a radius of 1,000 feet of another certified recoverv residence or within a radius of '1,200 feet from another existinq communitv residential home as defin ed in Section 419.001(1)(a), Florida Statutes Economic viabilit There rs a limited alt rn h hment of theraoeutic necessitv i n a ccordance with LDC subsection 9.05.00 E.2.a based upon economic viabilitv Althouqh difficult to establish. to qualifv under this limited alt e rn ative th e aD DI icant shall resent documentationo reports, data, statistrcs and/or other obiective evidence specifically demonstratino that the re uested accommodation is necessary for theo continued economic viabilitv of the facility, residence or operator, as aoolicable. Underscorino the limited natu re of this alternative, the followinq shall not be sufficient to establish that the proposed accommodation is necessarv for continued economic viabilitv A decrease in the share olexpenses and costs allocated per individual An in crease in income or economic advantaqe to the certified recovery residencei or Aoe neralized statement re o ardino economic viabilitv that is not suDoo rted bv ob ective evidence in accordance with this subsection Further, the applicant shAll be required to demonstrate that it could not continue to ooerate with a smaller facilit y or residence servinq fewer qualifvinq residents F. Rendition of written determination on reeuest for reasonable accommodation The written determination on a request for reasonable accommodation shall be sent to the certified recovery residence by certified mail. In the written determination, the Board of Countv Commissioners.o rth e Hearinq Examiner. mav G t the reoLrest for reasonable accommodationen 2. Grant a portion of the request and deny a portion of the request, and/or impose conditions uoon the orant of the re quest; or the re o UES lor a dation statin o wath s cificit the ob ective3. Den c c om m o oe evidence-based reasons for denial and identifvinq any deficiencies or actions necessary for reconsideration G. Appeal of written determination. Within 30 da ys of a written determination, anv aqqrieved person may appeal the decision to the circuit court havinq jurisdiction in the countv for udicial relief H. Waiver of fees and costs. There shall be no fee imposed bv the Countv upon a certified recoverv residenqell cgnnection with a request for reasonable accommodation under this section, and the County shall have no obliaation to pav any aqqrieved person's attornevs' fe€s al apsts (qt any ather fees or costs) in connection with the request, or appeal, as appllcable [25-LDS-00376/ 197'1101/11124 Page 7 of9 Words sr+ue*+h+eugh are deleted, words underlined are added Page 1758 of 6526 DRAFT 10/7/25 Code enforcemen N certified recove residence shall violo ate a ordinance rulen DO ICV. O ractice and/or procedure of the Countv until the certified recoverv residence has reouested and o btained a reasonab e accommodation. The Coun shall not be prohibited from enforcino its ordinances, rules, policies , practices and/or procedures in the event of a violation bv a certified recoverv residence, provided, however, if a certified recoverv residence requests a reasonable accommod ation, then anV order of the special maqistrate imposinq a fine and/or costs. o ursuant to section 2-2030 of the Code of Laws, shall onlv become effective if such request for accommohation h as been denied or withdrawn J General provisions. The followin qeneral provisions shall be applicable 1. A certified recoverv residence mav applv for a reasonable accommodation on its own behalf or mav be re o resented at all staoes of the reasonable accommodatron orocess bv a oerson desionated b v the certified recoverv residence2. The conlents of the Countv's offrcial recoldt t"gqldine a request for reasonable accommodation (and other official records containin q information reqardinq the reouest). includino anv documenls resented and/or received at a oublic hearino.o shall be deemed pad af lhe record before the County without any action 3. The Countv Manaqer. or deqrSDee, ghgll reiect an application for a reasonable a c commodati on if a similar re uest b the certified recovery residence has beeno considered by the Countv Manaqer, or desiqnee, and denied at any time within twelve (12) calendar months immediateiv prior to the date the application is submitted4. The County may revoke the oranted reasonable accommodation for cause, includino but not limited to. a violation of the conditions of aDoroval or the laose. revocation, or failure to maintain certification or licensure required under this section, if not reinstated within 180 davs5. ln the event the certified recovery residence's certification or licensure is la PSed or revoked, the certified recoverv residence must notifv the County lvlanaqer, or desionee, within three (3) davs of said la pse or revocation K. Reasonable accommodation request form. A request for a reasonable accommodation shall be on a form prescribed by the Countv and shall contain, at a minrmum, the followina information 1 . Name of applicant2. Telephone number. 3. Address4. Address of housino or other location at which accommodation is requested if [25-LDS-003 7611977101/ll)24 Page 8 of9 Words s**ue&+h+eugh are deleted, words underlined are added applicable:5. Describe the accommodataon and the soecific reoulation(s) and or orocedure(s) from which accommodation is souoht:6. Describe the reasons the requested accommodation is reasonable and necessarv:7. Name address and telephone number of applicant's reoresentative, if aoolicable:8. Sionature of the operator and/or administrator of the certified recoverv residence, as apolicable: Date: Page 1759 of 6526 DRAFT 10/7/25 SECTION FOUR: CONFLICT AND SEVERABILITY ln the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. ln the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. lf any phrase or portion of this Ordinance is held invalid or unconstitutronal by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION lN THE COLLIER COUNTY LAND DEVELOPMENT CODE SECTION SIX:EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _day of _,2025. ATTEST: CRYSTAL K. KINZEL. CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By , Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality Courtney L. DaSilva Assistant County Attorney a4 -cMo -0 1 a7 7 t _ (_t _t25) lolllzi [25-LDS-00376/ 1977l0l/lll24 Page 9 of9 Words struek+hreugh are deleted, words underlined are added The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. By. &o Page 1760 of 6526