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
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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
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ORDINANCE NO. 2025 -
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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.
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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
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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
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Section 9.05.00 Reasonable Accommodation for Certified Recoverv Residences
Page 6480 of 6525
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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
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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
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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
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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
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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:
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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Exhibit A – Chapter 2025-182
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Exhibit A – Chapter 2025-182
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Exhibit A – Chapter 2025-182
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Exhibit B – City of Orlando Ordinance
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Exhibit B – City of Orlando Ordinance
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Exhibit B – City of Orlando Ordinance
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Exhibit B – City of Orlando Ordinance
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Exhibit B – City of Orlando Ordinance
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Exhibit B – City of Orlando Ordinance
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Exhibit B – City of Orlando Ordinance
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Exhibit B – City of Orlando Ordinance
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Exhibit B – City of Orlando Ordinance
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Exhibit B – City of Orlando Ordinance
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Exhibit B – City of Orlando Ordinance
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Exhibit B – City of Orlando Ordinance
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Exhibit B – City of Orlando Ordinance
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Exhibit B – City of Orlando Ordinance
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Exhibit B – City of Orlando Ordinance
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Exhibit C – Broward County Ordinance
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Exhibit C – Broward County Ordinance
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Exhibit C – Broward County Ordinance
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Exhibit C – Broward County Ordinance
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Exhibit C – Broward County Ordinance
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Exhibit C – Broward County Ordinance
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Exhibit C – Broward County Ordinance
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Exhibit C – Broward County Ordinance
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Exhibit C – Broward County Ordinance
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Exhibit C – Broward County Ordinance
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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]
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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
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