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HomeMy WebLinkAboutItem 24 Second Reading of Ordinance for the Text Amendment to the LDC City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: July 21, 2026 Item #: 24 Contact Name: Brett McFarlane Department Director: Nick Lepp Contact Number: Ext. 7145 City Manager: Craig Shadrix Subject: Second Reading of Ordinance for the Text Amendment to the Land Development Code, Creating Section 4-13 to Establish Regulations and Procedures for Certified Recovery Residences. (Community Development Administrator McFarlane) Background Summary: The First Reading of the Ordinance was read at the July 7, 2026, City Commission meeting. Senate Bill (SB) 954 was signed into law by the Governor with an effective date of July 1, 2025. The purpose of SB 954 was to require local governments to adopt an ordinance to formalize and streamline the process for applicants seeking reasonable accommodations under land use regulations for certified recovery residences. The proposed text amendment to the City's Land Development Code (LDC) would create section 4-13 to include language required by SB 954 regarding certified recovery residences. Specifically, this text amendment to the LDC would establish an application process with the City's Planning division, establish processing timelines, establish review criteria, and establish the process for the revocation and reinstatement of accommodations granted under this section of the Code. City staff is currently updating the City's Land Development Code. This text amendment would have been included in that substantial update to the City's LDC; however, SB 180 prevents any substantial updates to the City's LDC at this time. The language in SB 954 requires the City to update the LDC to include specific provisions regarding certified recovery residences. Recovery residences are defined in Florida Statute as "...a residential dwelling unit, the community housing component of a licensed day or night treatment facility with community housing, or other form of group housing, which is offered or advertised through any means, including oral, written, electronic, or printed means, by any person or entity as a residence that provides a peer-supported, alcohol-free, and drug-free living environment." Certified recovery residences are licensed through the Florida Department of Children and Families. According to the Florida Association of Recovery Residences (FARR), there are currently no Certified Recovery Residences within the City of Ocoee. Under the existing City of Ocoee Code, an applicant seeking to establish a certified recovery residence within the City would need to apply for and receive a Local Business Tax receipt. Further review and permitting by the City's Building Division and Fire Department may be required, depending on any proposed alterations to the building where the certified recovery residence is proposed to be located. Issue: Should the Honorable Mayor and City Commission recommend approval of the proposed text amendment amending Article IV of the Ocoee Development Code to create section 4-13 to establish regulations and City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org procedures for certified recovery residences, including a process for requesting reasonable accommodation as required by Chapter 2025-182, Laws of Florida? Recommendations: Planning and Zoning Commission (PZC) Recommendation The PZC considered this item at its June 9, 2026, public hearing and recommended approval to the City Commission by a 5-0 vote. Staff Recommendation Staff recommends that the Honorable Mayor and City Commission approve the proposed text amendment to Article IV of the Ocoee Development Code, creating section 4-13 to establish regulations and procedures for certified recovery residences, including a process for requesting reasonable accommodation as required by Chapter 2025-182, laws of Florida. Attachments: 1. Ordinance 2. Business Impact Estimate 3. Advertisement Financial Impacts: None Type of Item: Second Reading Public Hearing 1 ORDINANCE 2026-___ AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING ARTICLE IV, OF THE OCOEE LAND DEVELOPMENT CODE TO CREATE SECTION 4-13 TO ESTABLISH REGULATIONS AND PROCEDURES FOR CERTIFIED RECOVERY RESIDENCES, INCLUDING A PROCESS FOR REQUESTING REASONABLE ACCOMMODATION AS REQUIRED BY CHAPTER 2025-182, LAWS OF FLORIDA; PROVIDING FOR DEFINITIONS; PROVIDING FOR A REASONABLE ACCOMMODATION PROCESS IN ACCORDANCE WITH FEDERAL AND STATE LAW; PROVIDING FOR APPLICATION REQUIREMENTS, REVIEW PROCEDURES, AND DEADLINES; PROVIDING FOR REVOCATION AND REINSTATEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida adopted Chapter 2025-182, Laws of Florida, effective July 1, 2025, amending §§397.487 and 397.4871, Florida Statutes, relating to certified recovery residences; and WHEREAS, Chapter 2025-182 requires all municipalities and counties to adopt ordinances establishing a process for the review and approval of certified recovery residences no later than January 1, 2026; and WHEREAS, the City Commission of the City of Ocoee recognizes that certified recovery residences provide important housing opportunities for persons in recovery from substance use disorders and are protected under the Fair Housing Amendments Act of 1988 and the Americans with Disabilities Act; and WHEREAS, the City of Ocoee is committed to ensuring its land use and zoning processes provide equal housing opportunities for individuals with disabilities while maintaining compliance with state and federal law; and WHEREAS, the City Commission finds that it is in the best interest of the public health, safety, and welfare to establish clear, consistent procedures for processing requests for reasonable accommodation by certified recovery residences. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Ocoee, Florida, that: SECTION 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. SECTION 2. Adoption. Article IV of the Ocoee Land Development Code is hereby amended to create Section 4-13, Certified Recovery Residences, to read as follows: 2 § 4-13.- Certified Recovery Residences. A. Definitions. For purposes of this Section, the following terms shall have the meanings set forth in §397.311, Florida Statutes, 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 Section 397.311, Florida Statutes, 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 Chapters 718, 719, or 720, Florida Statutes. 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. (i) Form of Application. Applications under this Section shall be filed with the Planning Division on a form provided by the City and shall include: 1. Applicant’s name, mailing address, telephone number, and email address; 2. Address and parcel identification number of the subject property; 3. Identification of the specific regulation from which relief is sought; and 4. 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. 5. A copy of the applicable certificate of compliance pertaining to the applicant. (ii) Processing. 1. The Planning Division shall date-stamp all applications upon receipt. 2. Within thirty (30) days of receipt, the City may request additional information in writing. Applicants shall have at least thirty (30) days to respond. 3. Within sixty (60) days of receipt of a completed application, the Development Services Director or designee shall issue a written determination approving, approving with conditions, or denying the request based on evidence-based findings. 3 4. If no determination is issued within sixty (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, provided such conditions are consistent with federal and state law. E. Revocation and Reinstatement. (a) 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. (b) Reinstatement. If the certificate of compliance is reinstated within one hundred eighty (180) days of revocation, the accommodation may be reinstated administratively by the Development Services Director. (c) 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 (10) 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 sixty (60) days of the filing of the appeal unless otherwise agreed to by the Development Services Director and the certified recovery residence. SECTION 3. Conflicts. In the event of a conflict between this Ordinance and any other ordinance or provision of law, this Ordinance shall control to the extent allowable by law. SECTION 4. Severability. If any portion of this Ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct provision, and such holding shall not affect the validity of the remaining portions. SECTION 5. Codification. This Ordinance shall be codified in the Code of Ordinances of the City of Ocoee, Florida. Section numbering, formatting, and headings may be altered as necessary. SECTION 6. Effective Date. This Ordinance shall take effect immediately upon adoption. SIGNATURE PAGE TO FOLLOW 4 CITY OF OCOEE, FLORIDA By: Rusty Johnson, Mayor ATTEST: Melanie Sibbitt, City Clerk (SEAL) APPROVED BY THE CITY OF OCOEE COMMISSION AT A MEETING HELD ON _____________________ ______, 20___ UNDER AGENDA ITEM NO. ____ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ____ day of ________________, 20__. FISHBACK DOMINICK By: __________________________ Richard Geller, City Attorney 1 City of Ocoee Business Impact Estimate Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1 See Section 166.041(4)(c), Florida Statutes. 2 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): 2.An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the City of Ocoee, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. 3.Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: 4. Additional information the governing body deems useful (if any):