Ordinance 2025-60 ORDINANCE NO. 2025-60
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 ACCOMODATIONS
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]
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2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as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 October 2, 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 November 10, 2025, and did take action concerning these
amendments to the LDC; and
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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. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers
of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners 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 § 163.3161, et 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§ 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 163.3194(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 intensities 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 objectives, 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 13, 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. It 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: ADOPTION 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:
Section 9.05.00 Reasonable Accommodation for Certified Recovery Residences
A. Requests for reasonable accommodation by certified recovery residences. This section
implements the policy of the Board of County Commissioners of Collier County for
processing and considering requests for reasonable accommodation to its zoning and land
use ordinances, rules, policies, practices and/or procedures for certified recovery
residences in compliance with Section 397.487, Florida Statutes. For purposes of this
section, "Certified recovery residence" means a recovery residence that holds a valid
certificate of compliance and is actively managed by a certified recovery residence
administrator. A certified recovery residence may request a reasonable accommodation
with respect to the county's land use or zoning laws, rules, policies, practices and/or
procedures pursuant to the procedures and standards set out in this section.
B. Submission of request for reasonable accommodation. A request for reasonable
accommodation under this section shall be made in writing by completion of a reasonable
accommodation request form, which form is maintained by (and shall be submitted to) the
County Manager, or designee. The reasonable accommodation form shall contain such
questions and requests for information as are necessary for processing the reasonable
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. Confidentiality of medical information or records. Should information provided to the
County by the certified recovery residence include any medical information or records,
including records indicating the medical condition, diagnosis or medical history of a
resident, such certified recovery center may, at the time of submitting such medical
information, request that the County, to the extent allowed by 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 any request received by the County for disclosure of the medical
information or records which the certified recovery center has previously requested be
treated as confidential by the County. The County will defer to the certified recovery
residence, to the extent allowed by law, in actions initiated by such certified recovery
residence (and/or their representative) to oppose the disclosure of such medical
information or records, but the County shall have no obligation to initiate, prosecute or
pursue any such action, or to incur any legal or other expenses (whether by retention of
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outside counsel or allocation of internal resources) in connection therewith, and may
comply with any judicial order without prior notice to the certified recovery residence.
Notwithstanding, the foregoing shall not limit the County's ability to request and review
information and documentation relevant to a certified recovery residence's eligibility for a
reasonable accommodation as set forth in LDC subsection 9.05.00 E.
D. Processing of request for reasonable accommodation; request by County for additional
information.
1. When a reasonable accommodation request form has been completed and
submitted to the County Manager, or designee, it will be referred to the County
Manager, or designee, for review. The reasonable accommodation request form
will be date-stamped upon receipt. The County Manager, or designee, shall render
a recommendation to the Board of County Commissioners within thirty (30) days
of receipt of the request for reasonable accommodation. The Board of County
Commissioners has the authority to consider and render the final determination on
requests for reasonable accommodation at a duly noticed public meeting. The
Board of County Commissioners, in their sole discretion, may also elect to have
the Hearing Examiner render the final determination on the request for reasonable
accommodation at a duly noticed public hearing. The County shall inform the
applicant in writing of the date and time of the meeting at least ten (10) days prior
to said meeting. In addition, mailed notice shall be sent to property owners at least
10 days prior to the hearing. Mailed notice shall be to all property owners within
500 feet of the subject property in urban designated areas and within 1,000 feet of
the subject property in rural designated areas. Notwithstanding LDC section
9.05.00 D.2, the County shall issue the written determination of the Board of
County Commissioners, or the Hearing Examiner, within sixty (60)days of the date
of receipt of a completed application in accordance with LDC section 9.05.00 F.
2. If reasonably necessary to reach a determination on the request for reasonable
accommodation, the County Manager, or designee, may request additional
information from the certified recovery residence, specifying in sufficient detail
what information is required. If additional information is required, the County
Manager, or designee, shall notify the applicant in writing within the first 30 days
after receipt of the application and allow the applicant at least 30 days to respond.
If the applicant fails to provide the requested additional information within said 30-
day period, the County Manager, or designee, shall issue a written notice advising
that the applicant failed to timely submit the additional information, and therefore
the request for reasonable accommodation shall be deemed abandoned and/or
withdrawn and no further action by the County with regard to said reasonable
accommodation request shall be required. In the event additional information is
requested by the County Manager, or designee, the 60-day time frame for issuing
a written determination shall be extended by 30 days.
3. If a written determination is not issued within 60 days after receipt of a completed
application, the request is deemed approved unless the parties agree in writing to
a reasonable extension of time or the time period is extended under LDC section
9.05.00 D.2. The time periods specified herein may be extended by the mutual
agreement of the County and certified recovery residence, with such extension
confirmed in writing.
E. Consideration of request for reasonable accommodation. In connection with a request for
reasonable accommodation, the County Manager, or designee, shall consider, among
other relevant factors, the following:
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1. Eligibility of certified recovery residence. The applicant shall be required to
establish that the operator and/or administrator of the certified recovery residence
is qualified to provide such services and/or housing to qualifying individuals. An
operator and/or administrator may establish its qualification by demonstrating that
they are certified by the Florida Association of Recovery Residences, National
Alliance for Recovery Residences, or other similar nationally recognized
accrediting agency for recovery residences.
2. Demonstration that requested accommodation is both reasonable and necessary.
The applicant shall demonstrate that the requested accommodation is both
reasonable and necessary (as interpreted by the courts) and, if the request is with
regard to housing, reasonable and necessary to afford the qualifying residents with
an equal opportunity to use and enjoy the certified recovery residence that is the
subject of the request, including the following factors:
a. Therapeutic necessity. The applicant shall demonstrate that the proposed
accommodation is therapeutically necessary for sobriety. If the
accommodation does not directly aid in sobriety (or if the request exceeds
the demonstrated need), then the accommodation shall not be deemed
therapeutically necessary. Further, the applicant shall demonstrate that the
specific accommodation request constitutes the minimum necessary
accommodation to achieve the stated therapeutic purposes. Lastly, if the
request for reasonable accommodation is with regard to housing, the
applicant shall provide a site-specific assessment with regard to the
particular property for which the accommodation is requested. General
statements of therapeutic necessity shall not be sufficient to satisfy the
requirements of this subsection.
b. Fundamental alteration. The applicant shall demonstrate that the proposed
accommodation does not constitute a fundamental alteration of the
County's zoning scheme and/or other County programs/policies. An
accommodation amounts to a fundamental alteration if it would eliminate
an essential aspect of the relevant Code provision or policy. Factors to be
considered in determining whether the proposed accommodation would
result in a fundamental alteration of the County's zoning scheme include,
but are not limited to, whether the accommodation is:
Compatible with surrounding uses and structures in the zoning
district; and
ii. Substantially similar to surrounding uses and structures expressly
permitted in the zoning district.
An applicant shall not be entitled to a reasonable accommodation if the
requested accommodation is incompatible with surrounding uses and
structures in the zoning district, is not substantially similar to surrounding
uses and structures expressly permitted in the zoning district, and the
County has not otherwise routinely waived the applicable ordinance, rule,
policy, practice or procedure.
c. Undue financial or administrative burden. The applicant shall demonstrate
that the proposed accommodation does not impose an undue financial or
administrative burden on the County.
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d. Over-concentration of recovery residences. If the request for reasonable
accommodation is with regard to housing described in LDC subsection
9.05.00 E.2.b, the applicant shall demonstrate that the proposed
accommodation will not result in an over-concentration of such housing
located in close proximity. At a minimum, a certified recovery residence
shall not be located within a radius of 1,000 feet of another certified
recovery residence or within a radius of 1,200 feet from another existing
community residential home as defined in Section 419.001(1)(a), Florida
Statutes.
e. Economic viability. There is a limited alternative to the establishment of
therapeutic necessity in accordance with LDC subsection 9.05.00 E.2.a
based upon economic viability. Although difficult to establish, to qualify
under this limited alternative the applicant shall present documentation,
reports, data, statistics and/or other objective evidence specifically
demonstrating that the requested accommodation is necessary for the
continued economic viability of the facility, residence or operator, as
applicable. Underscoring the limited nature of this alternative, the following
shall not be sufficient to establish that the proposed accommodation is
necessary for continued economic viability:
A decrease in the share of expenses and costs allocated per
individual;
ii. An increase in income or economic advantage to the certified
recovery residence; or
iii. A generalized statement regarding economic viability that is not
supported by objective evidence in accordance with this
subsection.
Further, the applicant shall be required to demonstrate that it could not
continue to operate with a smaller facility or residence serving fewer
qualifying residents.
F. Rendition of written determination on request 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 County
Commissioners, or the Hearing Examiner, may:
1. Grant the request for reasonable accommodation;
2. Grant a portion of the request and deny a portion of the request, and/or impose
conditions upon the grant of the request; or
3. Deny the request for accommodation stating with specificity the objective,
evidence-based reasons for denial and identifying any deficiencies or actions
necessary for reconsideration.
G. Appeal of written determination. Within 30 days of a written determination, any aggrieved
person may appeal the decision to the circuit court having jurisdiction in the county for
judicial relief.
H. Waiver of fees and costs. There shall be no fee imposed by the County upon a certified
recovery residence in connection with a request for reasonable accommodation under this
section, and the County shall have no obligation to pay any aggrieved person's attorneys'
fees or costs (or any other fees or costs) in connection with the request, or appeal, as
applicable.
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Code enforcement. No certified recovery residence shall violate any ordinance, rule,
policy, practice and/or procedure of the County until the certified recovery residence has
requested and obtained a reasonable accommodation. The County shall not be prohibited
from enforcing its ordinances, rules, policies, practices and/or procedures in the event of
a violation by a certified recovery residence; provided, however, if a certified recovery
residence requests a reasonable accommodation, then any order of the special magistrate
imposing a fine and/or costs, pursuant to section 2-2030 of the Code of Laws, shall only
become effective if such request for accommodation has been denied or withdrawn.
J. General provisions. The following general provisions shall be applicable:
1. A certified recovery residence may apply for a reasonable accommodation on its
own behalf or may be represented at all stages of the reasonable accommodation
process by a person designated by the certified recovery residence.
2. The contents of the County's official records regarding a request for reasonable
accommodation (and other official records containing information regarding the
request), including any documents presented and/or received at a public hearing,
shall be deemed part of the record before the County without any action.
3. The County Manager, or designee, shall reject an application for a reasonable
accommodation if a similar request by the certified recovery residence has been
considered by the County Manager, or designee, and denied at any time within
twelve (12) calendar months immediately prior to the date the application is
submitted.
4. The County may revoke the granted reasonable accommodation for cause,
including but not limited to, a violation of the conditions of approval or the lapse,
revocation, or failure to maintain certification or licensure required under this
section, if not reinstated within 180 days.
5. In the event the certified recovery residence's certification or licensure is lapsed or
revoked, the certified recovery residence must notify the County Manager, or
designee, within three (3) days of said lapse or revocation.
K. Reasonable accommodation request form. A request for a reasonable accommodation
shall be on a form prescribed by the County and shall contain, at a minimum, the following
information:
1. Name of applicant:
2. Telephone number:
3. Address:
4. Address of housing or other location at which accommodation is requested if
applicable:
5. Describe the accommodation and the specific regulation(s) and or procedure(s)
from which accommodation is sought:
6. Describe the reasons the requested accommodation is reasonable and necessary:
7. Name address and telephone number of applicant's representative, if applicable:
8. Signature of the operator and/or administrator of the certified recovery residence,
as applicable:
Date:
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SECTION FOUR: CONFLICT AND SEVERABILITY
In 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. In the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply.
If any phrase or portion of this Ordinance is held invalid or unconstitutional 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 IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
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.
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 10th day of November, 2025.
ATTESTS C .-B a too o. BOARD OF COUNTY COMMISSIONERS
CRYSTAL K .I IN4E1_, CLERK OF COLLIER COUNTY, FLORIDA
By: 44 By: 4e#,...,ISeillsok44"
Attest as C1 aii'Ihi'an'SDeputy Clerk Burf-L. Saunders, Chairman
signature only
Approved as to form and legality:
This ordinance filed wtt% Ow
Secretary of Stote's Office the
day of
and acknowledgement of that
Courtney L. DaSilva filing received t is -al-. day
Assistant County Attorney pf . b .I u _ 0�,
04-CMD-01077/2055(11/10/25) •J3y i1141.11'
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T I4k
71,
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
November 18, 2025
Crystal K. Kinzel
Clerk of Court
Collier County
3329 Tamiami Trail E, Suite#401
Naples, FL 34112
Dear Crystal Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2025-60, which was filed in this office on November 17,
2025.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL/dp
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270