Subject:
Title
Legislative Intent and Permission to Advertise Amendments to Chapter 62, Brevard County Code of Ordinances, Re: Recovery Residences
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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.
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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 Statut...
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