Subject:
Title
Legislative Intent and Permission to Advertise Amendments to Chapter 62, Brevard County Code of Ordinances, Re: Recovery Residences
End
Fiscal Impact:
None
Note: A business impact estimate will not be needed in this case; the ordinance is being adopted to comply with State law, which is an exemption pursuant to Section 125.66(3)(c).
Dept/Office:
Planning and Development
Requested Action:
Recommendation
The Planning and Development Department is requesting that the Board of County Commissioners grant approval of legislative intent and permission to advertise amendments to Chapter 62, Brevard County Code of Ordinances, specifically amending Sections 62-1102 (“Definitions and rules of construction”) and 62-305 (“Reasonable accommodation standards and procedures”), as well as creating a new section of Brevard County Code, Section 62-305.1, entitled “Certified Recovery Residences”, in order to comply with amendments to Section 397.487, Florida Statutes, regarding reasonable accommodation standards and procedures for applicability of certified recovery residences.
End
Summary Explanation and Background:
During the 2025 legislative session, Florida Legislature passed amendments to Section 397.487, Florida Statutes, that took effect on July 1, 2025. The legislation (Chapter 2025-182, Laws of Florida) requires all counties and municipalities in Florida to adopt an ordinance establishing procedures for the review and approval of certified recovery residences within its jurisdiction. Most crucially, the amendments to the statute state that:
“. . . 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.”
Section 397.487(15), Florida Statutes, is a recent addition to the Substance Abuse Services statute, aimed at regulating the zoning and placement of certified recovery residences (often referred to as “sober homes” or “sober living homes”) by local governments. This change to the statute imposes additional requirements on the County to process requests for reasonable accommodations from any local land use regulations that would otherwise serve to prohibit the establishment of a certified recovery residence. A recovery residence is defined 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.” Section 397.311(39), Florida Statutes.
Recovery residences are alcohol- and drug-free living environments for individuals in recovery who are attempting to maintain abstinence from alcohol and/or drugs. These residences offer no formal treatment and are, in some cases, self-funded through resident fees. With Chapter 2025-182, Laws of Florida, the local governments were directed to create a pathway forward for certified recovery residences where they might otherwise be prohibited based on local land development regulations. While the change to State law does not supersede any current or future declarations relating to condominiums, cooperatives, or homeowners’ associations, a written application process must be adopted by the County to review and approve or deny requests for reasonable accommodation to allow for the establishment of certified recovery residences. The statute requires local governments to develop a written application process that adheres to federal Fair Housing requirements, establishes a timeframe in which such review must be reviewed and processed, and outlines (generally) what type of information the County can request of applicants as part of their application process.
The County has had a process in place to handle reasonable accommodation requests. Specifically, on January 14, 2003, the Brevard County Board of County Commissioners approved Ordinance No. 2003-03, which created Section 62-305, Brevard County Code, to provide procedures and standards for the review of reasonable accommodations requests generally. In order for the County to comply with the requirements of Section 397.487(15), Florida Statutes, it is necessary for the County to create a new section of Code and amend existing sections of Code to distinguish between the procedures for existing general reasonable accommodations requests and requests pertaining to certified recovery residences. Therefore, staff is requesting legislative intent and permission to advertise amendments to identified provisions of Chapter 62, Brevard County Code, in order to comply with the requirements set forth in Section 397.487(15), Florida Statutes.
A draft Ordinance is attached for illustrative purposes. Should the Board approve legislative intent and permission to advertise, staff would finalize the Ordinance and seek a recommendation from the Planning and Zoning Board before bringing the final Ordinance back to the Board to consider approval at a Public Hearing.
Clerk to the Board Instructions:
None