(a)

Definitions. For purposes of this section, the following terms shall have the meanings set forth in F.S. § 397.311, as amended:

(1)

Certified recovery residence—A recovery residence that holds a valid certificate of compliance and is actively managed by a certified recovery residence administrator as defined in F.S. § 397.311 as amended, including level I through level IV certified recovery residences.

(2)

Certificate of compliance—A certificate issued by a credentialing entity to a recovery residence or administrator.

(3)

Certified recovery residence administrator—An administrator who holds a valid certificate of compliance.

(4)

Reasonable accommodation—A waiver or modification of land use, zoning, or other regulations to afford persons with disabilities an equal opportunity to use and enjoy a dwelling, consistent with the Fair Housing Amendments Act and the Americans with Disabilities Act.

(b)

Applicability. This section applies to a certified recovery residence seeking a reasonable accommodation from land use, zoning or land development code regulations within the city. This section shall not supersede any declaration of covenants, conditions, or restrictions of a condominium, cooperative, or homeowners' association governed by in F.S. chs. 718—720. Except for the seeking of a reasonable accommodation, the review and approval of a certified recovery residence is governed by the city's standard review and approval processes and compliance with applicable codes and ordinances.

(c)

Application for reasonable accommodation.

(1)

Form of application. Applications under this section shall be filed with the planning and zoning department on a form provided by the city and shall include:

a.

Applicant's name, mailing address, telephone number, and email address;

b.

Address and parcel identification number of the subject property;

c.

Identification of the specific regulation from which relief is sought;

d.

A description of the reasonable accommodation requested along with citations to the applicable code or ordinance provisions at issue and the basis for requesting such accommodation; and

e.

A copy of the applicable certificate of compliance pertaining to the applicant.

(2)

Processing.

a.

The planning and zoning department shall date-stamp all applications upon receipt.

b.

Within 30 days of receipt, the city may request additional information in writing. Applicants shall have at least 30 days to respond.

c.

Within 60 days of receipt of a completed application, the planning and zoning department director shall issue a written determination approving, approving with conditions, or denying the request based on evidence-based findings.

d.

If no determination is issued within 60 days of a completed application, and no written extension has been agreed to, the request shall be deemed approved.

(d)

Review criteria. Decisions on a request for a reasonable accommodation under this section shall be based on making the minimum reasonable accommodation necessary to accomplish the purpose of the request and meet the requirements of the Fair Housing Amendments Act of 1988, the Americans with Disabilities Act, and Chapter 2025-182, Laws of Florida. Conditions may be imposed on the reasonable accommodation provides such are consistent with federal and state law.

(e)

Revocation and reinstatement.

(1)

Revocation. An accommodation granted under this section may be revoked by the city if the certified recovery residence: (i) loses its certificate of compliance under Florida law; or (ii) closes or vacates the premises.

(2)

Reinstatement. If certificate of compliance is reinstated within 180 days of revocation, the accommodation may be reinstated administratively by the planning and zoning department director.

(3)

Appeal. Any certified recovery residence who is adversely affected by a decision made concerning a request for a reasonable accommodation or revocation of accommodation shall have the right to appeal such decision to the city commission by filing a notice of appeal with the city clerk within ten days of the applicable decision along with stating the specific basis of the appeal. The city commission will conduct a quasi-judicial hearing on the appeal within 60 days of the filing of the appeal unless otherwise agreed to by the planning and zoning department director and the certified recovery residence.

(Ord. No. 3360-25, § 2, 12-10-25)

Editor's note— Ord. No. 3360-25, adopted Dec. 10, 2025, set out provisions intended for use as § 58-98. Inasmuch as there were already provisions so designated, said section has been codified herein as § 58-99 at the discretion of the editor.