HomeMy WebLinkAbout2026-13 - Text Amendment to the LDCORDINANCE 2026-13
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:
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.
GO Processing.
1. The Planning Division shall date -stamp all applications upon receipt.
2. Within thirty (30)ddays of receipt, the City 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.
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 maybe
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
TEST:
Melanie Sibbitt, City Cleric
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this Z I - 'ay of
, 20 ,
FISH DOMINICK
By: '�d _L
Ric and Geller, City Attorney
By: —
Rusty Johnso M r
APPROVED BY THE CITY OF OCOEE
COMMISSION AT A MEETING HELD ON
_ > 200
UNDER AGENDA ITEM NO.
11