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Agenda 11/10/2025 Item #17H (Ordinance - Amending the Land Development Code to establish formal procedures and standards for reasonable accommodation requests submitted by certified recovery residences)11/10/2025 Item # 17.H ID# 2025-4344 Executive Summary Recommendation to adopt 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 adopt an Ordinance amending the Land Development Code (LDC), establishing formal procedures and standards for reasonable accommodation requests submitted by certified recovery residences in compliance with Section 397.487, Florida Statutes. 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). On October 14, 2025, the Board directed staff to advertise an Ordinance that would amend the LDC. DSAC Recommendation: On September 03, 2025, DSAC recommended approval of the LDCA, subject to the following conditions: 1. Density provision 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). Page 6475 of 6525 11/10/2025 Item # 17.H ID# 2025-4344 GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality. An affirmative vote of four is needed for Board adoption. - CLD RECOMMENDATION(S): To adopt 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. Draft Ordinance (10-07-2025) 2. LDCA (10-10-2025) and Exhibits A, B, and C 3. legal ad - agenda ID 25-4344 - Reasonable Accommodation Certified Recovery Residences LDCA-PL20250009062 -11.10.25 BCC Page 6476 of 6525 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 6477 of 6525 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 6478 of 6525 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 6479 of 6525 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 6480 of 6525 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 6481 of 6525 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 6482 of 6525 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 6483 of 6525 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 6484 of 6525 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 6485 of 6525 1 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).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 11/10/2025 10/14/2025 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 Approval 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 6486 of 6525 2 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).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 The proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent with the GMP. EXHIBITS: A) Chapter 2025-182, B) City of Orlando Ordinance, C) Broward County Ordinance Page 6487 of 6525 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\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).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 include the 20 information set forth in LDC subsection 9.05.00 K and the Administrative Code. 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 6488 of 6525 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\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).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 13 County Commissioners, or the Hearing Examiner, within sixty (60) days of the date 14 of 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 6489 of 6525 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\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).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. 41 42 c. Undue financial or administrative burden. The applicant shall demonstrate 43 that the proposed accommodation does not impose an undue financial or 44 administrative burden on the County. 45 46 d. Over-concentration of recovery residences. If the request for reasonable 47 accommodation is with regard to housing described in LDC subsection 48 9.05.00 E.2.b, the applicant shall demonstrate that the proposed 49 accommodation will not result in an over-concentration of such housing 50 Page 6490 of 6525 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\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx located in close proximity. At a minimum, a certified recovery residence 1 shall not be located within a radius of 1,000 feet of another certified 2 recovery residence or within a radius of 1,200 feet from another existing 3 community residential home as defined in Section 419.001(1)(a), Florida 4 Statutes. 5 6 e. Economic viability. There is a limited alternative to the establishment of 7 therapeutic necessity in accordance with LDC subsection 9.05.00 E.2.a 8 based upon economic viability. Although difficult to establish, to qualify 9 under this limited alternative the applicant shall present documentation, 10 reports, data, statistics and/or other objective evidence specifically 11 demonstrating that the requested accommodation is necessary for the 12 continued economic viability of the facility, residence or operator, as 13 applicable. Underscoring the limited nature of this alternative, the following 14 shall not be sufficient to establish that the proposed accommodation is 15 necessary for continued economic viability: 16 17 i. A decrease in the share of expenses and costs allocated per 18 individual; 19 20 ii. An increase in income or economic advantage to the certified 21 recovery residence; or 22 23 iii. A generalized statement regarding economic viability that is not 24 supported by objective evidence in accordance with this 25 subsection. 26 27 Further, the applicant shall be required to demonstrate that it could not 28 continue to operate with a smaller facility or residence serving fewer 29 qualifying residents. 30 31 F. Rendition of written determination on request for reasonable accommodation. The written 32 determination on a request for reasonable accommodation shall be sent to the certified 33 recovery residence by certified mail. In the written determination, the Board of County 34 Commissioners, or the Hearing Examiner, may: 35 36 1. Grant the request for reasonable accommodation; 37 38 2. Grant a portion of the request and deny a portion of the request, and/or impose 39 conditions upon the grant of the request; or 40 41 3. Deny the request for accommodation stating with specificity the objective, 42 evidence-based reasons for denial and identifying any deficiencies or actions 43 necessary for reconsideration. 44 45 G. Appeal of written determination. Within 30 days of a written determination, any aggrieved 46 person may appeal the decision to the circuit court having jurisdiction in the county for 47 judicial relief. 48 49 Page 6491 of 6525 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\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).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 6492 of 6525 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\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).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 6493 of 6525 Exhibit A – Chapter 2025-182 9 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6494 of 6525 Exhibit A – Chapter 2025-182 10 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6495 of 6525 Exhibit A – Chapter 2025-182 11 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6496 of 6525 Exhibit B – City of Orlando Ordinance 12 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6497 of 6525 Exhibit B – City of Orlando Ordinance 13 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6498 of 6525 Exhibit B – City of Orlando Ordinance 14 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6499 of 6525 Exhibit B – City of Orlando Ordinance 15 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6500 of 6525 Exhibit B – City of Orlando Ordinance 16 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6501 of 6525 Exhibit B – City of Orlando Ordinance 17 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6502 of 6525 Exhibit B – City of Orlando Ordinance 18 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6503 of 6525 Exhibit B – City of Orlando Ordinance 19 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6504 of 6525 Exhibit B – City of Orlando Ordinance 20 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6505 of 6525 Exhibit B – City of Orlando Ordinance 21 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6506 of 6525 Exhibit B – City of Orlando Ordinance 22 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6507 of 6525 Exhibit B – City of Orlando Ordinance 23 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6508 of 6525 Exhibit B – City of Orlando Ordinance 24 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6509 of 6525 Exhibit B – City of Orlando Ordinance 25 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6510 of 6525 Exhibit B – City of Orlando Ordinance 26 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6511 of 6525 Exhibit C – Broward County Ordinance 27 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6512 of 6525 Exhibit C – Broward County Ordinance 28 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6513 of 6525 Exhibit C – Broward County Ordinance 29 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6514 of 6525 Exhibit C – Broward County Ordinance 30 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6515 of 6525 Exhibit C – Broward County Ordinance 31 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6516 of 6525 Exhibit C – Broward County Ordinance 32 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6517 of 6525 Exhibit C – Broward County Ordinance 33 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6518 of 6525 Exhibit C – Broward County Ordinance 34 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6519 of 6525 Exhibit C – Broward County Ordinance 35 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6520 of 6525 Exhibit C – Broward County Ordinance 36 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2025\Nov 10\Materials\PL20250009062 Certified Recovery Residencies Reasonable Accommodations - LDCA (10-10-2025).docx Page 6521 of 6525 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on November 10, 2025, in the Board of County Commissioners Meeting Room, third floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL to consider: 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 ACCOMMODATIONS 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 9 – VARIANCES FROM CODE REQUIREMENTS, SECTION 9.05.00 – REASONABLE ACCOMMODATION FOR CERTIFIED RECOVERY RESIDENCES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20250009062] Page 6522 of 6525 A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials int ended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.collier.gov/Calendar-Events-directory after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a court esy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@collier.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT AND COMPTROLLER Page 6523 of 6525