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Item U03
BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Michelle Lincoln,District 2 The Florida. Keys Mayor Pro Tem David Rice,District 4 p Craig Cates,District 1 James K. Scholl,District 3 Holly Merrill Raschein,District 5 Regular Meeting May 20, 2026 Agenda Item Number: U3 26-6334 BULK ITEM: No DEPARTMENT: Planning and Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Barbara Powell AGENDA ITEM WORDING: A Public Hearing to Consider Adoption of an Ordinance by the Monroe County Board of County Commissioners, Amending Land Development Code Sections 101-1 and 102-187, Establishing Procedures for the Review and Approval of Certified Recovery Residences Pursuant to Section 397.487, Florida Statutes, as Amended by Chapter 2025-182, Laws of Florida (File# 2025-170). ITEM BACKGROUND: In response to Chapter 2025-182, Laws of Florida (L.O.F.), which passed during the 2025 Florida Legislative Session (SB 954), Planning and Environmental Resources Staff are proposing a text amendment to Monroe County Land Development Code (LDC) Sections 101-1 and 102-187, establishing procedures for the review and approval of Certified Recovery Residences. During the 2025 Legislation Session, Section 397.487,F.S.,was amended to require the governing body of each county or municipality to adopt an ordinance establishing procedures for the review and approval of Certified Recovery Residences within its jurisdiction. Notable provisions of the new law are: 1. Local Ordinance Requirement for Reasonable Accommodations o By January 1, 2026, every county and municipality must adopt an ordinance establishing procedures for reviewing and approving certified recovery residences (sober living homes). o The ordinance must include a process for requesting reasonable accommodations from any local land use or zoning regulation that prohibits or restricts the establishment of a certified recovery residence(recognizing residents'protection under disability laws). o Minimum requirements for the ordinance (consistent with the Fair Housing Amendments Act of 1988 and Title II of the Americans with Disabilities Act): 0 Written application process submitted to the local government. ■ Final written decision within 60 days of a completed application (approve, approve with conditions, or deny with specific, evidence-based reasons and steps for reconsideration). ■ If no decision within 60 days (absent written extension), the request is deemed approved. ■ Minimal application contents: applicant contact, property address/parcel ID, description of requested accommodation and regulation at issue. o Local governments may add requirements if consistent with federal law and not conflicting with the statute. o No additional public hearings beyond the legal minimum. o May include provisions for revocation of an approved accommodation for cause (e.g., violation of conditions or loss of certification), if not corrected within 180 days. o The process does not relieve local governments of broader federal fair housing obligations, and regulations cannot facially discriminate. o Explicitly does not supersede condominium, cooperative, or HOA declarations. Community Meetinu and Public Participation: A Community Meeting was held to discuss the proposed amendment on December 8, 2025, in accordance with Land Development Code(LDC) Section 102-159(b)(3). There were no comments from the public and no written comments were received. Development Review Committee Meeting and Public Input: On January 27, 2026, the DRC considered the proposed amendment and provided for public input. On January 27, 2026, the Chair of the DRC signed Resolution No. DRC 01-26,recommending approval of the proposed text amendment. Planning Commission Meeting and Public Input: On March 25, 2026, the Planning Commission considered the proposed amendment to the Monroe County Land Development Code, provided for public input and recommended approval of the proposed amendment to the Land Development Code through Resolution No. P 10-26. PLEASE REFER TO THE ATTACHED STAFF REPORT FOR THE PROPOSED AMENDMENT AND CORRESPONDING DATA AND ANALYSIS. PREVIOUS RELEVANT BOCC ACTION: N/A INSURANCE REQUIRED: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION Professional staff recommends approval of the proposed amendment to Land Development Code Sections 101-1 and 102-187, specifically, the variances granted by the Planning Commission and establishes procedures for the review and approval of Certified Recovery Residences as required by newly adopted Florida Statutes. DOCUMENTATION: 1. Section 397.487, F.S. 2. Draft Ordinance 3. DRC Resolution No. 01-26 4. Planning Commission Resolution No. P10-26 FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: r "4�T ti xis x� 1 Ty n��rf 1�k 2 .w 4 5 MEMORANDUM 6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 7 We strive to be caring,professional and fair 8 9 To: Monroe County Board of County Commissioners 10 11 Through: Devin Tolpin, AICP, CFM, Senior Director of Planning & Environmental Resources 12 13 From: Barbara Powell, Planning Policy Advisor 14 15 Date: April 22, 2026 16 17 Subject: An Ordinance by the Monroe County Board of County Commissioners (`BOCC" or 18 "Board") amending Land Development Code Sections 101-1 and 102-187, establishing 19 procedures for the review and approval of Certified Recovery Residence pursuant to 20 Section 397.487, Florida Statutes (F.S.), as amended by Chapter 2025-182, Laws of 21 Florida(L.O.F.). 22 23 Meeting: May 20, 2026 24 25 26 I. REQUEST: 27 28 In response to Chapter 2025-182, Laws of Florida (L.O.F.), which passed during the 2025 Florida 29 Legislative Session (SB 954), Planning and Environmental Resources Staff are proposing a text 30 amendment to Monroe County Land Development Code (LDC) Sections 101-1 and 102-187, 31 establishing procedures for the review and approval of Certified Recovery Residences. 32 33 II. BACKGROUND INFORMATION: 34 35 During the 2025 Legislation Session, Section 397.487, F.S. (included as Exhibit 1), was amended to 36 require the governing body of each county or municipality to adopt an ordinance establishing procedures 37 for the review and approval of Certified Recovery Residences within its jurisdiction.Notable provisions 38 of the new law are. 39 40 1. Local Ordinance Requirement for Reasonable Accommodations 41 o By January 1, 2026, every county and municipality must adopt an ordinance 42 establishing procedures for reviewing and approving certified recovery residences 43 (sober living homes). 44 o The ordinance must include a process for requesting reasonable accommodations 45 from any local land use or zoning regulation that prohibits or restricts the establishment 46 of a certified recovery residence(recognizing residents'protection under disability laws). 47 o Minimum requirements for the ordinance (consistent with the Fair Housing 48 Amendments Act of 1988 and Title II of the Americans with Disabilities Act): BOCC May 20,2026, Pagel Planning and Environmental Resources Department File No. 2025-170 1 ■ Written application process submitted to the local government. 2 ■ Final written decision within 60 days of a completed application (approve, 3 approve with conditions, or deny with specific, evidence-based reasons and steps 4 for reconsideration). 5 ■ If no decision within 60 days (absent written extension), the request is deemed 6 approved. 7 ■ Minimal application contents: applicant contact, property address/parcel ID, 8 description of requested accommodation and regulation at issue. 9 o Local governments may add requirements if consistent with federal law and not 10 conflicting with the statute. 11 o No additional public hearings beyond the legal minimum. 12 o May include provisions for revocation of an approved accommodation for cause (e.g., 13 violation of conditions or loss of certification), if not corrected within 180 days. 14 o The process does not relieve local governments of broader federal fair housing 15 obligations, and regulations cannot facially discriminate. 16 o Explicitly does not supersede condominium, cooperative, or HOA declarations. 17 18 Community Meeting and Public Participation: 19 A Community Meeting was held to discuss the proposed amendment on December 8, 2025, in 20 accordance with Land Development Code (LDC) Section 102-159(b)(3). There were no comments from 21 the public and no written comments were received. 22 23 Development Review Committee Meeting and Public Input: 24 On January 27, 2026, the DRC considered the proposed amendment and provided for public input. On 25 January 27, 2026, the Chair of the DRC signed Resolution No. DRC 01-26, recommending approval of 26 the proposed text amendment, included as Exhibit 3. 27 28 Planning Commission Meeting and Public Input: 29 On March 25, 2026, the Planning Commission considered the proposed amendment to the Monroe 30 County Land Development Code,provided for public input and recommended approval of the proposed 31 amendment to the Land Development Code through Resolution No. P10-26, included as Exhibit 4. 32 33 34 III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENT: 35 Proposed Amendment: additions are set forth below in red underline and deletions are set forth in fed 36 st �t . 37 ***** 38 Sec. 101-1. Definitions. 39 ***** 40 ence that holds a valid certificate of 41 compliance and is actively managed by a certified recovery residence administrator consistent with 42 F,S, '397,311, 43 idence administrator who 44 holds a valid certificate of compliance consistent with F.S. 39§ 7.311. 45 ***** BOCC May 20,2026, Page 2 Planning and Environmental Resources Department File No. 2025-170 1 Institutional-residential use means temporary or permanent housing associated with an 2 institutional organization, such as a group home, certified recovery residence, foster care facility, 3 convent, nursing facility, student housing, life care/elderly housing, or educational and/or scientific 4 research facility. 5 6 Sec. 102-187. Variances Granted by the Planning Commission. 7 (a) Purpose. The purpose of this section is to establish authority, procedures, and standards for the 8 granting of variances from certain provisions of this Land Development Code, as specified in this 9 section. 10 (b) Authority and scope of authority. The Planning Commission is authorized to grant the 11 following variances according to the standards of subsection (d) of this section: 12 (1) Front, side, and rear yard non-shoreline setback requirements in chapter 131; 13 (2) Bufferyard requirements in chapter 114, article V; 14 (3) Off-street parking and loading space requirements in chapter 114, article III; 15 (4) Landscaping requirements in chapter 114, article IV; 16 (5) Access standards in chapter 114, article VII; and 17 (6) Fence height requirements in chapter 114, article I. 18 ation to establish 19 a certified recovery residcncc according to subsection ( of this section. 20 (c) Application and procedures. An application for a variance shall be submitted to the Planning 21 Director. The Planning Director shall review the entire application and all public responses 22 thereto and prepare a staff report with recommendations for the Planning Commission. The 23 variance application shall be heard at a regularly scheduled meeting of the Planning Commission. 24 Notice,posting and hearing requirements shall be in accordance with section 110-5. 25 (d) Standards. The Planning Commission has the authority to grant a variance to the standards 26 described in (b)(1) through (6), with or without conditions, if and only if the applicant 27 demonstrates that all of the following standards are met: 28 (1) The applicant shall demonstrate a showing of good and sufficient cause; 29 (2) Failure to grant the variance would result in exceptional hardship to the applicant; 30 (3) Granting the variance will not result in increased public expenses, create a threat to public 31 health and safety, create a public nuisance, or cause fraud or victimization of the public; 32 (4) Property has unique or peculiar circumstances; 33 (5) Granting the variance will not give the applicant any special privilege denied to another 34 property owner in the immediate vicinity; 35 (6) Granting the variance is not based on disabilities, handicaps or health of the applicant or 36 members of his family; 37 (7) Granting the variance is not based on the domestic difficulties of the applicant or his 38 family; and 39 (8) The variance is the minimum necessary to provide relief to the applicant. BOCC May 20,2026, Page 3 Planning and Environmental Resources Department File No. 2025-170 I a Certified_Recovery_Residence. _The Planning 2 Commission shall have the authority to grant a variance to any local land use regulation that serves 3 tc prohibit the establishment of a c ertified recovery residence, 4 5 (1) Process. Requests for variances to local land use relations to provide for reasonable 6 accommodations to establish a certified recovery residence shall follow the application and 7subsection and 110-4. A request 8 for a variance to rovidc for reasonable accommodations to establish a certified recover 9 residence shall be heard at a ission within 10 60 days ofreceipt of a complete application. If a final written determination is not issued within 11 60 dapproved unless the 12 parties agree in writing to a reasonable extension of time. The PlanninL Commission must. 13 a, Approve the rceluest in whole or in part, with or without conditionsg or 14 b. Den the request, stating with specificity the objective, evidence-based reasons for 15 denial and identi sideration. 16 17 (2) Alication. A request for this variance shall be submitted on a for prescribed�rescrj�bedb the 18 Planning Director and at a minimum include° 19 a. The name and contact information of the--qppLicant or the applicants authorized 20 21 b. The property address and parcel identification nu berg and 22 c. A description of the accommodation 23 from which relief is sought. 24 25 (3) Standards. The Planning Co ission shall grant a variance to any local land use regulation 26 that serves to prohibit the establishment of a certified recovery residence if and only if the 27 ataplicant demonstrates that the following standard is met: 28 a, Cxrantin the variance is a r casonablc accommodation consistent with the Fair jj9jLsing 29 Amendments Act of IAmericans 30 with Disabilities Act, 42 U.S.C. _l2l 31�etse 31 32 (f) Decision by the Planning Commission. The Planning Commission's decision shall be in writing 33 by Resolution. 34 (g) Development under approved Planning Commission variances. The granting of a setback 35 variance by the Planning Commission is based on the design and placement of the structure(s) as 36 shown on the approved site plans and does not reduce or waive any other required setbacks for 37 any future structures or additions. Work not specified or alterations to the site plan may not be 38 carried out without additional approval(s). 39 40 41 42 IV. ANALYSIS OF PROPOSED AMENDMENT: 43 44 The proposed Land Development Code text amendment includes the statutory definitions of Certified 45 Recovery Residence and Certified Recovery Residence Administrator, as provided in F.S. 397.311. The 46 term Certified Recovery Residences was added to the types of housing included in the definition of BOCC May 20,2026, Page 4 Planning and Environmental Resources Department File No. 2025-170 1 Institutional-Residential Uses. The following statutory definitions are relevant to what will be allowed 2 under the new process: 3 4 "Certified recovery residence" means a recovery residence that holds a valid certificate of 5 compliance and is actively managed by a certified recovery residence administrator. 6 (a) A Level I certified recovery residence houses individuals in recovery who have completed 7 treatment, with a minimum of 9 months of sobriety. A Level I certified recovery residence 8 is democratically run by the members who reside in the home. 9 (b) A Level 11 certified recovery residence encompasses the traditional perspectives of sober 10 living homes. There is oversight from a house manager who has experience with living in 11 recovery. Residents are expected to follow rules outlined in a resident handbook provided 12 by the certified recovery residence administrator. Residents must pay dues, if applicable, 13 and work toward achieving realistic and defined milestones within a chosen recovery path. 14 (c) A Level III certified recovery residence offers higher supervision by staff with formal 15 training to ensure resident accountability. Such residences are staffed 24 hours a day, 7 days 16 a week, and offer residents peer-support services,which may include,but are not limited to, 17 life skill mentoring, recovery planning, and meal preparation. Clinical services may not be 18 performed at the residence. Such residences are most appropriate for persons who require a 19 more structured environment during early recovery from addiction. 20 (d) A Level IV certified recovery residence is a residence offered, referred to, or provided by, 21 a licensed service provider to its patients who are required to reside at the residence while 22 receiving intensive outpatient and higher levels of outpatient care. Such residences are 23 staffed 24 hours a day and combine outpatient licensable services with recovery residential 24 living. Residents are required to follow a treatment plan and attend group and individual 25 sessions, in addition to developing a recovery plan within the social model of living in a 26 sober lifestyle. No clinical services are provided at the residence and all licensable services 27 are provided offsite. 28 29 "Certified recovery residence administrator" means a recovery residence administrator who 30 holds a valid certificate of compliance. 31 The staff of Planning and Environmental Resources conducted a comprehensive review of the existing 32 Land Development Code to determine the most appropriate location for incorporating the new 33 statutory provision. Placement under the authority of the Planning Commission was deemed suitable, 34 in light of the staff s commitment to ensuring a transparent process and the time constraints imposed by 35 the statutory requirements. 36 **** 37 V. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE 38 39 The proposed amendment is consistent with one or more of the required provisions of LDC Section 102- 40 158(d)(7)(b): 41 42 1. Changed projections (e.g.,regarding public service needs) from those on which the text or 43 boundary was based; 44 N/A BOCC May 20,2026, Page 5 Planning and Environmental Resources Department File No. 2025-170 1 2. Changed assumptions (e.g., regarding demographic trends); 2 N/A 3 4 3. Data errors, including errors in mapping, vegetative types and natural features described in 5 volume 1 of the plan; 6 N/A 7 8 4. New issues; 9 As described on Page 1 of this Report, Section 397.487, F.S. (included as Exhibit 1), was 10 amended to require the governing body of each county or municipality to adopt an ordinance 11 establishing procedures for the review and approval of Certified Recovery Residences within 12 its jurisdiction. 13 14 The proposed amendment to the LDC addresses the new issue which arose during the 2025 15 legislative session and will provide for consistency between the County's LDC and Florida 16 Statue Section 397.487. 17 18 5. Recognition of a need for additional detail or comprehensiveness; or 19 N/A 20 21 6. Data updates; 22 N/A 23 24 In no event shall an amendment be approved which will result in an adverse community change 25 to the planning area in which the proposed development is located or to any area in accordance 26 with a Livable CommuniKeys master plan pursuant to findings of the board of county 27 commissioners. 28 29 The proposed text amendment is not anticipated to result in an adverse community change. 30 31 32 VI. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE 33 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES. 34 35 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe 36 County 2030 Comprehensive Plan. Specifically, it furthers: 37 38 Policy 1301.5.2 39 Monroe County shall work with the County Housing Authority to encourage development of elderly 40 and institutional housing and identify funding sources for community-based non-profit organizations 41 to provide affordable housing for low-income residents. 42 43 GOAL 601 44 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and 45 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the population 46 based on type,tenure characteristics, unit size and individual preferences. [F.S. § 163.3177(6)(f)1., 3.] 47 48 Objective 601.4 BOCC May 20,2026, Page 6 Planning and Environmental Resources Department File No. 2025-170 1 Monroe County shall maintain land development regulations which allow group homes and foster care 2 facilities licensed or funded by the Florida Department of Health(DOH), as well as subsidized housing 3 for elderly residents of the County, to be located in residential areas as appropriate. 4 5 Policy 601.4.1 6 Monroe County shall maintain land development regulations which permit group homes and foster 7 care facilities (homes of six or fewer residences which otherwise meet the definition of Community 8 Residential Home pursuant to F.S. § 419.001(1)(a)) licensed or funded by the DOH in all land use 9 categories which permit residential development where consistent with other goals, objectives, and 10 policies of this Comprehensive Plan. 11 Objective 601.2 12 Monroe County shall adopt programs and policies to encourage housing of various types, sizes and price 13 ranges to meet the demands of current and future residents [F.S. § 163.3177(6)(f)l., 3.], 14 15 Policy 1301.5.2 16 Monroe County shall work with the County Housing Authority to encourage development of elderly 17 and institutional housing and identify funding sources for community-based non-profit organizations 18 to provide affordable housing for low-income residents. 19 20 B.The amendment is consistent with the Principles for Guiding Development for the Florida Keys 21 Area, Section 380.0552(7), Florida Statutes. 22 23 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the 24 principles for guiding development and any amendments to the principles, the principles shall be 25 construed as a whole and no specific provision shall be construed or applied in isolation from the other 26 provisions. 27 (a) Strengthening local government capabilities for managing land use and development so that local 28 government is able to achieve these objectives without continuing the area of critical state 29 concern designation. 30 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass 31 beds, wetlands, fish and wildlife, and their habitat. 32 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native 33 tropical vegetation(for example,hardwood hammocks and pinelands), dune ridges and beaches, 34 wildlife, and their habitat. 35 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic 36 development. 37 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida 38 Keys. 39 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, 40 and ensuring that development is compatible with the unique historic character of the Florida 41 Keys. 42 (g) Protecting the historical heritage of the Florida Keys. 43 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed 44 major public investments, including: 45 1. The Florida Keys Aqueduct and water supply facilities; 46 2. Sewage collection, treatment, and disposal facilities; 47 3. Solid waste treatment, collection, and disposal facilities; BOCC May 20,2026, Page 7 Planning and Environmental Resources Department File No. 2025-170 1 4. Key West Naval Air Station and other military facilities; 2 5. Transportation facilities; 3 6. Federal parks, wildlife refuges, and marine sanctuaries; 4 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties; 5 8. City electric service and the Florida Keys Electric Co-op; and 6 9. Other utilities, as appropriate. 7 (i) Protecting and improving water quality by providing for the construction, operation, 8 maintenance, and replacement of stormwater management facilities; central sewage collection; 9 treatment and disposal facilities; and the installation and proper operation and maintenance of 10 onsite sewage treatment and disposal systems. 11 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation 12 of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 13 403.086(10), as applicable, and by directing growth to areas served by central wastewater 14 treatment facilities through permit allocation systems. 15 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida 16 Keys. 17 (1) Making available adequate affordable housing for all sectors of the population of the Florida 18 Keys. 19 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a 20 natural or manmade disaster and for a postdisaster reconstruction plan. 21 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and 22 maintaining the Florida Keys as a unique Florida resource. 23 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the 24 Principles for Guiding Development as a whole and is not inconsistent with any Principle. 25 26 C.The proposed amendment is consistent with the Part II of Chapter 163,Florida Statute("F.S."). 27 Specifically, the amendment furthers: 28 29 163.3177(1), F.S.: The comprehensive plan shall provide the principles, guidelines, standards, and 30 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal 31 development of the area that reflects community commitments to implement the plan and its 32 elements. These principles and strategies shall guide future decisions in a consistent manner and 33 shall contain programs and activities to ensure comprehensive plans are implemented. The sections 34 of the comprehensive plan containing the principles and strategies, generally provided as goals, 35 objectives, and policies, shall describe how the local government's programs, activities, and land 36 development regulations will be initiated, modified, or continued to implement the comprehensive 37 plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing 38 regulations in the comprehensive plan but rather to require identification of those programs, 39 activities, and land development regulations that will be part of the strategy for implementing the 40 comprehensive plan and the principles that describe how the programs, activities, and land 41 development regulations will be carried out. The plan shall establish meaningful and predictable 42 standards for the use and development of land and provide meaningful guidelines for the content of 43 more detailed land development and use regulations. 44 45 163.3177(6), F.S.: In addition to the requirements of subsections (1)-(5), the comprehensive plan 46 shall include the following elements: 47 48 (f)l. A housing element consisting of principles, guidelines, standards, and strategies to be BOCC May 20,2026, Page 8 Planning and Environmental Resources Department File No. 2025-170 1 followed in: 2 a. The provision of housing for all current and anticipated future residents of the 3 jurisdiction. 4 b. The elimination of substandard dwelling conditions. 5 c. The structural and aesthetic improvement of existing housing. 6 d. The provision of adequate sites for future housing, including affordable workforce 7 housing as defined in s. 380.0651(1)(h), housing for low-income, very-low-income, 8 and moderate-income families, mobile homes, and group home facilities and foster 9 care facilities, with supporting infrastructure and public facilities. The element may 10 include provisions that specifically address affordable housing for persons 60 years 11 of age or older. Real property that is conveyed to a local government for affordable 12 housing under this sub-subparagraph shall be disposed of by the local government 13 pursuant to s. 12 5.3 79 or s. 166.0451. 14 e. Provision for relocation housing and identification of historically significant and 15 other housing for purposes of conservation,rehabilitation, or replacement. 16 f. The formulation of housing implementation programs. 17 g. The creation or preservation of affordable housing to minimize the need for additional 18 local services and avoid the concentration of affordable housing units only in specific 19 areas of the jurisdiction. 20 2. The principles,guidelines, standards,and strategies of the housing element must be based 21 on data and analysis prepared on housing needs, which shall include the number and 22 distribution of dwelling units by type, tenure, age, rent, value, monthly cost of owner- 23 occupied units, and rent or cost to income ratio, and shall show the number of dwelling 24 units that are substandard. The data and analysis shall also include the methodology used 25 to estimate the condition of housing, a projection of the anticipated number of households 26 by size, income range, and age of residents derived from the population projections, and 27 the minimum housing need of the current and anticipated future residents of the 28 jurisdiction. 29 3. The housing element must express principles, guidelines, standards, and strategies that 30 reflect, as needed, the creation and preservation of affordable housing for all current and 31 anticipated future residents of the jurisdiction, elimination of substandard housing 32 conditions, adequate sites, and distribution of housing for a range of incomes and types, 33 including mobile and manufactured homes. The element must provide for specific 34 programs and actions to partner with private and nonprofit sectors to address housing 35 needs in the jurisdiction, streamline the permitting process, and minimize costs and 36 delays for affordable housing, establish standards to address the quality of housing, 37 stabilization of neighborhoods, and identification and improvement of historically 38 significant housing. 39 4. State and federal housing plans prepared on behalf of the local government must be 40 consistent with the goals, objectives, and policies of the housing element. Local 41 governments are encouraged to use job training,job creation, and economic solutions to 42 address a portion of their affordable housing concerns. BOCC May 20,2026, Page 9 Planning and Environmental Resources Department File No. 2025-170 1 163.3201, F.S.: Relationship of comprehensive plan to exercise of land development regulatory 2 authority. It is the intent of this act that adopted comprehensive plans or elements thereof shall be 3 implemented, in part, by the adoption and enforcement of appropriate local regulations on the 4 development of lands and waters within an area. It is the intent of this act that the adoption and 5 enforcement by a governing body of regulations for the development of land or the adoption and 6 enforcement by a governing body of a land development code for an area shall be based on,be related 7 to, and be a means of implementation for an adopted comprehensive plan as required by this act. 8 9 V1I. PROCESS: 10 11 Land Development Code text amendments may be proposed by the Board of County Commissioners, 12 the Planning Commission, the Director of Planning, or the owner or other person having a contractual 13 interest in property to be affected by a proposed amendment. The Director of Planning shall review and 14 process applications as they are received and pass them onto the Development Review Committee and 15 the Planning Commission. 16 17 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review 18 the application, the reports and recommendations of the Department of Planning & Environmental 19 Resources and the Development Review Committee and the testimony given at the public hearing. The 20 Planning Commission shall submit its recommendations and findings to the Board of County 21 Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed 22 comprehensive plan amendment, and considers the staff report, staff recommendation,and the testimony 23 given at the public hearing. The BOCC may or may not recommend transmittal to the State Land 24 Planning Agency. The amendment is transmitted to State Land Planning Agency, which then reviews 25 the proposal and issues an Objections,Recommendations and Comments ("ORC")Report.Upon receipt 26 of the ORC report, the County has 180 days to adopt the amendments, adopt the amendments with 27 changes or not adopt the amendment. 28 29 VIII.PROFESSIONAL STAFF RECOMMENDATION: 30 31 Professional staff recommends approval of the proposed amendment to Land Development Code 32 Sections 101-1 and 102-187, specifically, the variances granted by the Planning Commission and 33 establishes procedures for the review and approval of Certified Recovery Residences as required by 34 newly adopted Florida Statutes. 35 36 IX. EXHIBITS: 37 38 1. Section 397.487, F.S. 39 2. Draft Ordinance 40 3. DRC Resolution No. 01-26 41 4. Planning Commission Resolution No. P10-26 42 BOCC May 20,2026, Page 10 Planning and Environmental Resources Department File No. 2025-170 1/19/26,2:40 PM Statutes&Constitution:View Statutes :Online Sunshine Select Year: 2025 v Go The 2025 Florida Statutes Title XXIX Chapter 397 View Entire Chapter PUBLIC HEALTH SUBSTANCE ABUSE SERVICES 397.487 Voluntary certification of recovery residences.— (1) The Legislature finds that a person suffering from addiction has a higher success rate of achieving long-lasting sobriety when given the opportunity to build a stronger foundation by living in a recovery residence while receiving treatment or after completing treatment. The Legislature further finds that this state and its subdivisions have a legitimate state interest in protecting these persons, who represent a vulnerable consumer population in need of adequate housing. It is the intent of the Legislature to protect persons who reside in a recovery residence. (2) The department shall approve at least one credentialing entity by December 1, 2015, for the purpose of developing and administering a voluntary certification program for recovery residences. The approved credentialing entity shall: (a) Establish recovery residence certification requirements. (b) Establish procedures to: 1. Administer the application, certification, recertification, and disciplinary processes. 2. Monitor and inspect a recovery residence and its staff to ensure compliance with certification requirements. 3. Interview and evaluate residents, employees, and volunteer staff on their knowledge and application of certification requirements. (c) Provide training for owners, managers, and staff. (d) Develop a code of ethics. (e) Establish application, inspection, and annual certification renewal fees. The application fee may not exceed $100. Any onsite inspection fee shall reflect actual costs for inspections. The annual certification renewal fee may not exceed $100. (3) A credentialing entity shall require the recovery residence to submit the following documents with the completed application and fee: (a) A policy and procedures manual containing: 1. Job descriptions for all staff positions. 2. Drug-testing procedures and requirements. 3. A prohibition on the premises against alcohol, marijuana, illegal drugs, and the use of prescribed medications by an individual other than the individual for whom the medication is prescribed. For the purposes of this subsection, "marijuana" includes marijuana that has been certified by a qualified physician for medical use in accordance with s. 381.986. 4. Policies to support a resident's recovery efforts. 5. A good neighbor policy to address neighborhood concerns and complaints. (b) Rules for residents. (c) Copies of all forms provided to residents. (d) Intake procedures. (e) Sexual predator and sexual offender registry compliance policy. (f) Relapse policy. file://files-1.bocc.monroecounty-fl.gov/Growth_Management/1 PLAN-ENVIRO RESOURCES/working Folders/Powell-Barbara/FLUE.FLU M.Modificatio... 1/4 1/19/26,2:40 PM Statutes&Constitution:View Statutes :Online Sunshine (g) Fee schedule. (h) Refund policy. (i) Eviction procedures and policy. (j) Code of ethics. (k) Proof of insurance. (1) Proof of background screening. (m) Proof of satisfactory fire, safety, and health inspections. (4) A certified recovery residence must be actively managed by a certified recovery residence administrator. All applications for certification must include the name of the certified recovery residence administrator who will be actively managing the applicant recovery residence. (5) Upon receiving a complete application, a credentialing entity shall conduct an onsite inspection of the recovery residence. (6) All owners, directors, and chief financial officers of an applicant recovery residence are subject to level 2 background screening as provided under s. 408.809 and chapter 435. A recovery residence is ineligible for certification, and a credentialing entity shall deny a recovery residence's application, if any owner, director, or chief financial officer has been found guilty of, or has entered a plea of guilty or nolo contendere to, regardless of adjudication, any offense listed in s. 408.809(4) or s. 435.04(2) unless the department has issued an exemption under s. 435.07. Exemptions from disqualification applicable to service provider personnel pursuant to s. 397.4073 or s. 435.07 shall apply to this subsection. In accordance with s. 435.04, the department shall notify the credentialing agency of an owner's, director's, or chief financial officer's eligibility based on the results of his or her background screening. (7) A credentialing entity shall issue a certificate of compliance upon approval of the recovery residence's application and inspection. The certification shall automatically terminate 1 year after issuance if not renewed. (8) Onsite followup monitoring of a certified recovery residence may be conducted by the credentialing entity to determine continuing compliance with certification requirements. The credentialing entity shall inspect each certified recovery residence at least annually to ensure compliance. (a) A credentialing entity may suspend or revoke a certification if the recovery residence is not in compliance with any provision of this section or has failed to remedy any deficiency identified by the credentialing entity within the time period specified. (b) A certified recovery residence must notify the credentialing entity within 3 business days after the removal of the recovery residence's certified recovery residence administrator due to termination, resignation, or any other reason. The certified recovery residence has 90 days to retain a certified recovery residence administrator. The credentialing entity must revoke the certificate of compliance of any certified recovery residence that fails to comply with this paragraph. (c) If a certified recovery residence's administrator has been removed due to termination, resignation, or any other reason and had been previously approved to actively manage more than 50 residents pursuant to s. 397.4871(8)(b), the certified recovery residence has 90 days to retain another certified recovery residence administrator pursuant to s. 397.4871. The credentialing entity must revoke the certificate of compliance of any certified recovery residence that fails to comply with this paragraph. (d) If any owner, director, or chief financial officer of a certified recovery residence is arrested and awaiting disposition for or found guilty of, or enters a plea of guilty or nolo contendere to, regardless of whether adjudication is withheld, any offense listed in s. 435.04(2) while acting in that capacity, the certified recovery residence must immediately remove the person from that position and notify the credentialing entity within 3 business days after such removal. The credentialing entity must revoke the certificate of compliance of a certified recovery residence that fails to meet these requirements. (e) A credentialing entity shall revoke a certified recovery residence's certificate of compliance if the certified recovery residence provides false or misleading information to the credentialing entity at any time. file://files-1.bocc.monroecounty-fl.gov/Growth_Management/1 PLAN-ENVIRO RESOURCES/working Folders/Powell-Barbara/FLUE.FLU M.Modificatio... 2/4 1/19/26,2:40 PM Statutes&Constitution:View Statutes :Online Sunshine (f) Any decision by a department-recognized credentialing entity to deny, revoke, or suspend a certification, or otherwise impose sanctions on a certified recovery residence, is reviewable by the department. Upon receiving an adverse determination, the certified recovery residence may request an administrative hearing pursuant to ss. 120.569 and 120.57(1) within 30 days after completing any appeals process offered by the credentialing entity or the department, as applicable. (9) A person may not advertise to the public, in any way or by any medium whatsoever, any recovery residence as a "certified recovery residence" unless such recovery residence has first secured a certificate of compliance under this section. A person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (10)(a) A certified recovery residence may allow a minor child to visit a parent who is a resident of the recovery residence, provided that a minor child may not visit or remain in the recovery residence between the hours of 9 p.m. and 7 a.m. unless: 1. A court makes a specific finding that such visitation is in the best interest of the minor child; or 2. The recovery residence is a specialized residence for pregnant women or parents whose children reside with them. Such recovery residences may allow children to visit or reside in the residence if the parent does not yet have a time-sharing plan pursuant to s. 61.13, provided that the parent files with the court for establishment of a plan within 14 days of moving into the residence. (b) A certified recovery residence may not allow a minor child to visit a parent who is a resident of the recovery residence at any time if any resident of the recovery residence is currently required to register as a sexual predator under s. 775.21 or as a sexual offender under s. 943.0435. (11) Notwithstanding any landlord and tenant rights and obligations under chapter 83, a recovery residence that is certified under this section and has a discharge policy approved by a department- recognized credentialing entity may immediately discharge or transfer a resident in accordance with that policy under any of the following circumstances: (a) The discharge or transfer is necessary for the resident's welfare. (b) The resident's needs cannot be met at the recovery residence. (c) The health and safety of other residents or recovery residence employees is at risk or would be at risk if the resident continues to live at the recovery residence. (12) Any person discharged from a recovery residence under subsection (11) who willfully refuses to depart after being warned by the owner or an authorized employee of the recovery residence commits the offense of trespass in a recovery residence, a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (13) Beginning January 1, 2025, a certified recovery residence may not deny an individual access to housing solely on the basis that he or she has been prescribed federally approved medication that assists with treatment for substance use disorders by a licensed physician, a physician's assistant, or an advanced practice registered nurse registered under s. 464.0123. (14) A local ordinance or regulation may not further regulate the duration or frequency of a resident's stay in a certified recovery residence located within a multifamily zoning district after June 30, 2024. This provision shall expire July 1, 2026. (15)(a) By January 1, 2026, 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. (b) At a minimum, the ordinance must: 1. Be consistent with the Fair Housing Amendments Act of 1988, 42 U.S.C. ss. 3601 et seq., and Title II of the Americans with Disabilities Act, 42 U.S.C. ss. 12131 et seq. 2. Establish a written application process for requesting a reasonable accommodation for the establishment of a certified recovery residence, which application must be submitted to the appropriate local government office. file://files-1.bocc.monroecounty-fl.gov/Growth_Management/1 PLAN-ENVIRO RESOURCES/Working Folders/Powell-Barbara/FLUE.FLU M.Modificatio... 3/4 1/19/26,2:40 PM Statutes&Constitution:View Statutes :Online Sunshine 3. Require the local government to date stamp each application upon receipt. If additional information is required, the local government must notify the applicant in writing within the first 30 days after receipt of the application and allow the applicant at least 30 days to respond. 4. Require the local government to issue a final written determination on the application within 60 days after receipt of a completed application. The determination must: a. Approve the request in whole or in part, with or without conditions; or b. Deny the request, stating with specificity the objective, evidence-based reasons for denial and identifying any deficiencies or actions necessary for reconsideration. 5. Provide that if a final written determination is not issued within 60 days after receipt of a completed application, the request is deemed approved unless the parties agree in writing to a reasonable extension of time. 6. Require that the application include, at a minimum: a. The name and contact information of the applicant or the applicant's authorized representative; b. The property address and parcel identification number; and c. A description of the accommodation requested and the specific regulation or policy from which relief is sought. (c) The ordinance may establish additional requirements for the review or approval of reasonable accommodation requests for establishing a certified recovery residence, provided such requirements are consistent with federal law and do not conflict with this subsection. (d) The ordinance may not require public hearings beyond the minimum required by law to grant the requested accommodation. (e) The ordinance may include provisions for the revocation of a granted accommodation of a certified recovery residence for cause, including, but not limited to, a violation of the conditions of approval or the lapse, revocation, or failure to maintain certification or licensure required under this section, if not reinstated within 180 days. (f) The ordinance and establishment of a reasonable accommodation process does not relieve the local government from its obligations under the Fair Housing Amendments Act of 1988, 42 U.S.C. ss. 3601 et seq., and Title II of the Americans with Disabilities Act, 42 U.S.C. ss. 12131 et seq. The regulation for which the applicant is seeking a reasonable accommodation must not facially discriminate against or otherwise disparately impact the applicant. (16) The application of this section does not supersede any current or future declaration or declaration of condominium adopted pursuant to chapter 718; any cooperative document adopted pursuant to chapter 719; or any declaration or declaration of covenant adopted pursuant to chapter 720. History.—s. 2, ch. 2015-100; s. 2, ch. 2017-80; s. 7, ch. 2019-159; s. 2, ch. 2020-38; s. 3, ch. 2021-128; s. 10, ch. 2021- 156; s. 4, ch. 2023-298; s. 15, ch. 2024-71; s. 3, ch. 2024-176; s. 27, ch. 2025-156; s. 1, ch. 2025-182. Copyright© 1995-2026 The Florida Legislature • Privacy Statement • Contact Us file://files-1.bocc.monroecounty-fl.gov/Growth_Management/1 PLAN-ENVIRO RESOURCES/Working Folders/Powell-Barbara/FLUE.FLU M.Modificatio... 4/4 2 3 rr� � 4 5 6 MONROE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 ORDINANCE NO. -2026 9 10 11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 12 COMMISSIONERS FLORIDA, AMENDING LAND DEVELOPMENT 13 CODE SECTIONS 101-1 AND 102-187, ESTABLISHING PROCEDURES 14 FOR THE REVIEW AND APPROVAL OF CERTIFIED RECOVERY 15 RESIDENCES PURSUANT TO SECTION 397.487, FLORIDA STATUTES, 16 AS AMENDED BY CHAPTER 2025-182, LAWS OF FLORIDA; 17 PROVIDING FOR A REASONABLE ACCOMMODATION PROCESS; 18 ENSURING COMPLIANCE WITH FEDERAL AND STATE LAWS; 19 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF 20 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO 21 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF 22 STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY 23 LAND DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE 24 DATE. (FILE# 2025-170) 25 26 27 WHEREAS, the State of Florida has enacted Chapter 2025-182, Laws of Florida, 28 amending section 397.487, Florida Statutes, to require all counties and municipalities to adopt 29 ordinances by a January 1, 2026, to establish procedures for the review and approval of certified 30 recovery residences; and 31 32 WHEREAS, the Monroe County Planning and Environmental Resources Department is 33 proposing an amendment to Sections 101-1 and 102-187 of the Monroe County Land 34 Development Code (LDC) to establish procedures for the review and approval of Certified 35 Recovery Residences consistent with F.S. 397.387; and 36 37 WHEREAS, certified recovery residences provide structured, substance-free living 38 environments for individuals recovering from substance use disorders, supporting their 39 rehabilitation and reintegration into the community; and 40 41 WHEREAS, such ordinances must comply with federal laws, including the Fair Housing 42 Act(42 U.S.C. §§ 3601 et seq.) and the Americans with Disabilities Act (42 U.S.C. §§ 12131 et 1 of 6 1 seq.), and include a process for requesting reasonable accommodations from local land use 2 regulations; and 3 4 WHEREAS, Monroe County seeks to establish a clear, fair, and efficient process for 5 reviewing and approving certified recovery residences while ensuring public safety and welfare; 6 and 7 WHEREAS,"reasonable accommodation"is a statutorily established method by which an 8 individual who is disabled and/or handicapped (as those terms are defined in Title 11 of the 9 Americans with Disabilities Act and/or the Fair Housing Amendments Act, hereafter"disabled"), 10 or a provider of services to the disabled qualifying for reasonable accommodations under the 11 referenced statutes, can request a modification or alteration in the application of a specific Code 12 provision, rule,policy, or practice, to them. The proposed accommodation sought by the disabled 13 individual must be reasonable and necessary to afford such person an equal opportunity to use and 14 enjoy housing; and 15 WHEREAS, this ordinance is intended to meet the requirements of Chapter 2025-182, 16 Laws of Florida and promote the establishment of certified recovery residences in a manner 17 consistent with state and federal law; and 18 19 WHEREAS, on December 8, 2025, a community meeting was conducted, as required by 20 Monroe County Land Development Code ("LDC" or "Code") Section 102-159(b) to discuss the 21 proposed amendment to the Land Development Code and provide for public participation; and 22 23 WHEREAS, the Monroe County Development Review Committee (DRC) considered the 24 proposed amendment at a regularly scheduled meeting held on January 27, 2026; and 25 26 WHEREAS, on January 29, 2026, the Chair of the DRC signed Resolution No. DRC 01- 27 26, recommending approval of the proposed text amendment; and 28 29 WHEREAS, the Monroe County Planning Commission ("Planning Commission") held a 30 public hearing on the 2511 day of March 2026, for review and recommendation on the proposed 31 amendment to the Monroe County Land Development Code; and 32 33 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P10-26 34 recommending approval of the proposed amendment; and 35 36 WHEREAS, at a regularly scheduled meeting on the 201h day of May, 2026, the BOCC 37 held a public hearing to consider adoption of the proposed Land Development Code text 38 amendment; 39 40 WHEREAS, based upon the information and documentation submitted, the BOCC made 41 the following findings of fact and conclusions of law: 2 of 6 1 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 2 Monroe County Year 2030 Comprehensive Plan; and 3 2. The proposed amendment is consistent with the Principles for Guiding Development 4 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), Florida Statutes; 5 and 6 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes; 7 4. The proposed amendment is a necessary adjustment to address a new issue, as required 8 to change the text of the Land Development Code in accordance with Section 102-158 9 of the Monroe County Code. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD 12 OF COUNTY COMMISSIONERS: 13 14 Section 1. Recitals and Legislative Intent.The foregoing recitals,findings of fact,statements 15 of legislative intent, and conclusions of law are true and correct and are hereby 16 incorporated as if fully stated herein. 17 18 Section 2. The text of the Monroe County Land Development Code is hereby amended as 19 follows (Deletions are shown strip; additions are shown underlined): 20 21 Sec. 101-1. Definitions. 22 Certified recover,residence means a recovery residence that holds a valid certificate of 23 compliance and is actively managed by a certified recovery residence administrator consistent 24 with F.S. §397.311. 25 Certif ed recovery residence administrator means a recovery residence administrator who holds 26 a valid certificate of compliance consistent with F.S. §397.311. 27 Institutional-residential use means temporary or permanent housing associated with an 28 institutional organization, such as a group home, certified recovery residence, foster care facility, 29 convent, nursing facility, student housing, life care/elderly housing, or educational and/or 30 scientific research facility. 31 ***** 32 Sec. 102-187. Variances Granted by the Planning Commission. 33 (a) Purpose. The purpose of this section is to establish authority, procedures, and standards for 34 the granting of variances from certain provisions of this Land Development Code, as 35 specified in this section. 36 (b) Authority and scope of authority. The Planning Commission is authorized to grant the 37 following variances according to the standards of subsection (d) of this section: 38 (1) Front, side, and rear yard non-shoreline setback requirements in chapter 131; 39 (2) Bufferyard requirements in chapter 114, article V; 40 (3) Off-street parking and loading space requirements in chapter 114, article III; 41 (4) Landscaping requirements in chapter 114, article IV; 42 (5) Access standards in chapter 114, article VII; and 3 of 6 1 (6) Fence height requirements in chapter 114, article I. 2 (7) Requests for reasonable accommodations from any local land use regulation to establish 3 a certified recovery residence according to subsection (e) of this section. 4 5 (c) Application and procedures. An application for a variance shall be submitted to the 6 Planning Director. The Planning Director shall review the entire application and all public 7 responses thereto and prepare a staff report with recommendations for the Planning 8 Commission. The variance application shall be heard at a regularly scheduled meeting of 9 the Planning Commission. Notice, posting and hearing requirements shall be in accordance 10 with section 110-5. 1 t (d) Standards. The Planning Commission has the authority to grant a variance to the standards 12 described in (b)(1) through (6), with or without conditions, if and only if the applicant 13 demonstrates that all of the following standards are met: 14 (1) The applicant shall demonstrate a showing of good and sufficient cause; 15 (2) Failure to grant the variance would result in exceptional hardship to the applicant; 16 (3) Granting the variance will not result in increased public expenses, create a threat to 17 public health and safety, create a public nuisance, or cause fraud or victimization of the 18 public; 19 (4) Property has unique or peculiar circumstances; 20 (5) Granting the variance will not give the applicant any special privilege denied to another 21 property owner in the immediate vicinity; 22 (6) Granting the variance is not based on disabilities, handicaps or health of the applicant or 23 members of his family; 24 (7) Granting the variance is not based on the domestic difficulties of the applicant or his 25 family; and 26 (8) The variance is the minimum necessary to provide relief to the applicant. 27 28 (e) Reasonable Accommodations to Establish a Certified Recovery Residence. The 29 Planning Commission shall have the authority to grant a variance to any local land use 30 regulation that serves to prohibit the establishment of a certified recovery residence. 31 (1) Process. Requests for variances to local land use regulations to provide for reasonable 32 accommodations to establish a certified recovery residence shall follow the application 33 and procedures provided for in subsections (c), (f), and (g) of this subsection and 110-4. 34 A request for a variance to provide for reasonable accommodations to establish a certified 35 recovery residence shall be heard at a regularly scheduled meeting of the Planning 36 Commission within 60 days of receipt of a complete application. If a final written 37 determination is not issued within 60 days after receipt of a completed application, the 38 request is deemed approved unless the parties agree in writing to a reasonable extension 39 of time. The Plannin4 Commission must: 40 a. Approve the request in whole or in part, with or without conditions; or 41 b. Deny the request, stating with specificity the objective, evidence-based reasons 42 for denial and identifying any deficiencies or actions necessary for 43 reconsideration. 4 of 6 1 (2) Application. A request for this variance shall be submitted on a form prescribed by the 2 Planning,Director and at a minimum include: 3 a. The name and contact information of the applicant or the applicant's authorized 4 representative; 5 b. The property address and parcel identification number; and 6 c. A description of the accommodation requested and the specific regulation or 7 policy from which relief is sought. 8 9 (3) Standards. The Planning Commission shall grant a variance to any local land use 10 regulation that serves to prohibit the establishment of a certified recovery residence if 11 and only if the applicant demonstrates that the following standard is met: 12 a. Granting the variance is a reasonable accommodation consistent with the Fair 13 Housing Amendments Act of 1988, 42 U.S.C. ss. 3601 et seq., and Title 11 of the 14 Americans with Disabilities Act, 42 U.S.C. ss. 12131 et seq. 15 16 (f) Decision by the Planning Commission. The Planning Commission's decision shall be in 17 writing by Resolution. 18 (g) Development under approved Planning Commission variances. The granting of a 19 setback variance by the Planning Commission is based on the design and placement of the 20 structure(s) as shown on the approved site plans and does not reduce or waive any other 21 required setbacks for any future structures or additions. Work not specified or alterations to 22 the site plan may not be carried out without additional approval(s). 23 24 ***** 25 Section 3. To the extent of any internal or external conflicts, inconsistencies, and/or 26 ambiguities, within this Ordinance or between this Ordinance and the Monroe 27 County Code of Ordinances, Florida Building Code, Monroe County Land 28 Development Code, floodplain management regulations, Comprehensive Plan, or 29 any other approval of the Monroe County Board of County Commissioners, 30 Monroe County Planning Commission, Monroe County Planning and 31 Environmental Resources Department, or other department or office of Monroe 32 County, the rule, regulation, law, provision, and/or text more restrictive shall 33 always apply and control. 34 35 Section 4. Subject to Section 3. above, the interpretation of this Ordinance and all provisions 36 of the Monroe County Comprehensive Plan, Florida Building Code, Monroe 37 County Codes, Florida Statutes, and floodplain management regulations whose 38 interpretation arise out of, relate to, or are interpreted in connection with this 39 Ordinance, shall be liberally construed and enforced in favor of Monroe County, 40 and such interpretation shall be entitled to great weight in adversarial administrative 41 proceedings, at trial, in bankruptcy, and on appeal. 42 43 Section 5. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If 44 any provision of this Ordinance, or part or any portion thereof, is held to be invalid 45 or unenforceable in or by any administrative hearing officer or court of competent 5 of 6 I jurisdiction, the invalidity or unenforceability of such provision, or any part or 2 portion thereof, shall neither limit nor impair the operation, enforceability, or 3 validity of any other provision of this Ordinance, or any remaining part(s) and/or 4 portion(s) thereof. All other provisions of this Ordinance, and remaining part(s) 5 and/or portion(s) thereof, shall continue unimpaired in full force and effect. 6 7 Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance 8 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein 9 shall not repeal the repealing clause of such ordinance or revive any ordinance 10 which has been repealed thereby. 11 12 Section 7. Transmittal. This ordinance shall be transmitted by the Director of Planning to the 13 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. 14 15 Section 8. Filing and Effective Date. This ordinance shall be filed in the Office of the 16 Secretary of the State of Florida but shall not become effective until a notice is 17 issued by the State Land Planning Agency or Administration Commission finding 18 the amendment in compliance with Chapter 163, Florida Statutes and after any 19 applicable challenges have been resolved. 20 21 Section 9. Inclusion in the Land Development Code. The text amendment shall be 22 incorporated in the Monroe County Land Development Code. The numbering of 23 the foregoing amendment may be renumbered to conform to the numbering in the 24 Monroe County Land Development Code. 25 26 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 27 Florida, at a regular meeting held on the day of , 28 29 Mayor Michelle Lincoln, District 2 30 Mayor Pro Teln David Rice, District 4 31 Commissioner Craig Cates, District 1 32 Commissioner James K. Scholl, District 3 33 Commissioner Holly Merrill Raschein, District 5 34 35 BOARD OF COUNTY COMMISSIONERS 36 OF MONROE COUNTY, FLORIDA 37 38 BY: 39 MAYOR MICHELLE LINCOLN 40 41 (SEAL) 42 43 ATTEST: KEVIN MADOK, CLERK 44 45 46 AS DEPUTY CLERK 6 of 6 �I M;IMMx Uw MX��,. 2 3 MONROE COUNTY, FLORIDA 4 DEVELOPMENT REVIEW COMMITTEE 5 RESOLUTION NO. DRC 01-26 6 7 A RESOLUTION BY THE DEVELOPMENT REVIEW C'OMMI"r,1,EE tt RECOMMENDING APPROVAL OF AN ORDINANCE: BY THE MONROE 9 COUNTY BOARD OF COUNTY COMMISSIONERS MMISSIONERS FLORIDA, 10 AMENDING LAND DEVELOPMENT CODE SECTIONS 1.01-1 AND 1.02- 11 187, ESTABLISHING PRO(.1EDURES FOR THE REVIEW AND 12 APPROVAL OF CERTIFIED RE',C'OVERY RESIDENCES PURSUANT TO 13 SECTION 397.487, FLORIDA STATUTES, AS AMENDED BY CHAPTER 14 2025-182, LAWS OF FLORIDA; PROVIDING; FOR A REASONABLE. 1.5 ACCOMMODATION PROCESS; ENSURING COMPLIANCE WITH 16 FEDERAL AND STATE LAWS; PROVIDING, FOR SE",VERABILITY; 17 PROVIDING FOR REPEAL OF C`ONFIACTING PROVISIONS; 18 PROVIDING; FOR TRANSMITTAL TO THE: STATE LAND PLANNING: 1.9 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR 20 INCLUSION IN THE: MONROE; COUNTY LAND DEVELOPMENT 2.1 CODE; PROVIDING FOR AN EFFECTIVE DATE. (FILE.## 2025-170) 22 23 24 WHEREAS, the State of F"lorida has enacted. Chapter 2025-182, 1,aws off londa, 25 amending section 397,487, Florida Statutes, to require all etruraties and municipalities to adopt 26 ordinances by a.fanUary 1, 2026, to establish procedures for the review and approval of certified 27 recovery residences, and 28. 29 WHEREAS, the Monroe County Planning and 1 nvironmental Resources Department is 30 proposing an amendment to Sections 101-I and 102-187 of the Monroe County Iand. 31 Development Code (1.,DC) to establish procedures for the review and approval of(I'ertified 32 Recovery Residences consistent with F.S. 397.387; and 33 34 WHEREAS, on December 8, 2025, a community meeting, was conducted, as required by 35 Monroe County 1-and Development Code ("T] ` or "Code") Section 102-159(b) to discuss the 36 proposed amendment to the 1-and Development Code, and provide for public participation; and 37 38 WHEREAS, the Monroe County Development Review Committee (f)RC) considered the 39 proposed amendment at a regularly scheduled meeting field on January 27, 2026; and 40 41 WHEREAS, based upon the information and docuinentation submitted, the Development 42 Review C'ornmittee Chair found: Resolution No. DR('01-26 File 2025-170 Page 1 ol'2 1 2 1. The proposed amendment to the Monroe County Land Development Code is 3 consistent with the Goals, Objectives and Policies of the Monroe County Year 2030 1 4 Comprehensive Plan; and 5 2. The proposed amendment is consistent with the Principles for Guiding Development 6 for the Florida Keys Area of('ritical State Concern, See. 380.0552(7). I-.S.; and 7 3. The proposed amendment is consistent with Part 11 of(,1 hapter 163, I'lorida Statute; and 8 4. The proposed amendment is a necessary adjustment in light of recognition of a need 9 for additional detail or comprehensiveness, as required to change the text of the 1-and 10 Development ( ode in accordance with Section 102-158 of the M0111-OC County Code. 11 12 13 NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW t4 COMMITTEE OF MONROE COUNTY, FLORIDA that the information provided ill the staff 15 report and discussed at the January 27, 2026 meeting supports the Chair's decision to recommend 16 approval of the proposed text amendment to Sections 101-1 and 102-187 of the 1-and Development 17 Code. 18 .9 . ........... 1 20 21 Date _j .................. 22 Devin 1"ol p,in, AlCP, CFM 23 Senior Director of'Planning and Environmental Resources 24 25 1 Ill:RJR ERTIFY that on this day before me, an officer duly authorized in the State aforesaid 26 and in the County aforesaid, to take acknowledgments, personally appeared Devin Tolpin, to nie 27 known to be the person described in and who executed the foregoing instrument and she 28 acknowledged before me that she executed the same. 29 30 W ITN f',,S S rn hand and official seat in the County and State last aforesaid this 201 day of 31 2026. 32 33 34 LORIDA 35 (4(!'XRV P"J�Iiilcl, sli JESSICA MCKINNEY Notary Pubfic State of Florida COMMMrOn 9 HH 460615 My Comm.Expires Nov 1,2027 Bonded through National Notary Assn. Resolution No. II)R(-'0 1-26 File 2025-170 Page 2 ot'2 srK ka �� r ti " " 6 MONROE COUNTY, FI_,ORIDA 7 PLANNING:: COMMISSION RESOLUTION NO. P1.0-26 8 9 A RESOLUTION BY 'THE MONROE COUNTY PLANNING' 10 COMMISSION RECOMMENDING APPROVAL OF AN ORDINANCE BY 11 THE MONROE COUNTY BOARD OF COUNTY C."OMMISSIONERS 12 FLORIDA, AMENDING' LAND (DEVELOPMENT CODE SECTIONS 101-1 13 AND 102-187, ESTABLISHING PROC'ED11RES FOR THE REVIEW AND 14 APPROVAL OF CERTIFIED RECOVERY RESIDENCES PURSUANT ]0 15 SECTION 397.487, FLORIDA Srl"ATIJTES, AS AMENDED BY CHAPTER 16 2025-1.82, LAWS OF FLORIDA; PROVIDING; FOR A REASONABLE 17 ACCOMMODATION PROCESS; ENSURING_ COMPLIANCE WI"I'll. 18 FEDERAL AND STATE LAWS; PROVIDING FOR SEVER.AIIILITY; 19 PROVIDING: FOR REPEAL OF CONFLICTING:' PROVISIONS; 20 PROVIDING FOR TRANSMITTAL TO 'THE STATE LAND PLANNING: 21 AGENCY AND 'THE SECRETARY OF STATE; PROVIDING FOR 22 INCLUSION IN THE MONROE C"OUNTY LAND DEVELOPMENT 23 CODE; PROVIDING: FOR AN EFFECTIVE TIVE DATE. (FIDE#2025-170) 4 25 26 27 WHEREAS, the State of`I'lorida has enacted Chapter 2025-182, 1-aws of'I"lorida, 28 amending section 397.487, l'lorida Statutes, to require all counties and municipalities to adopt 29 ordinances by a.lanuary 1, 2026, to establish procedures for the review and approval of"cert:ified 30 recovery residences; and 31 32 WHEREAS, the Monroe County Planning and t nvironmental Resources Department is 33 proposing an amendment to Sections 101-1 and 102-187 to the Monroe County [.,and 34 [Development Corte ([.,.DC") to establishing; procedures for the review and approval of Certified 35 Recovery Residences consistent with l,.S. 397.397; and 36 37 WHEREAS, on December R, 2025, a community meeting; was conducted, as required by 38 Monroe County land Development Code (1,1:)(`" or "Code") Section 102-159(b) to discuss the 39 proposed amendment to the [.,and Development Code., and provide for public participation, and 40 41 WHEREAS, the Monroe County Development review Committee (DRC) considered the 42 proposed amendment at a regularly scheduled meeting; held on January 27, 2026; and 43 Resolution 1'10-26 Page I of 3 l'ile 2025-1.70 I WHEREAS, on January 29, 2026, the (::`hair of the DR("7 signed IZesolution No. DRC 01- 2 26, recommending, approval of the proposed map amendment; and 3 4 WHEREAS, the planning Commission was presented with the 1`61lowing documents and 5 other information relevant to the request, which by reference is hereby incorporated as part of the 6 record of said hearing: 7 8 1. StafTreport prepared by Barbara Powell, Planning Policy Advisor, I`ebruary 10, 2026; 9 2. Sworn testimony, of Monroe Courity Planning& I-I'tivironniental lZesources Departnient 10 staff, and 11 1 Advice and counsel of peter Morris, Assistant County Attorney, and Dirk Snits, 12 Planning Commission Counsel. 13 14 WHEREAS, the Monroe County Planning Commission considered the application, the 15 staff report, and the comments from the public in their discussion; and 16 17 WHEREAS, the Monroe County Planning C.ornmission made the following findings of 18 f'act and Conclusions of law: 19 20 1. The proposed amendment is consistent with the Goals, ObJectives and Policies of the 21 Monroe County Year 2030 Comprehensive plan; and 22 2. The proposed amendment is consistent with the Principles for (itfiding Development 23 for the Florida Keys Area of( ritical State Concern, Sec. 380.0552(7), F.S.; 24 3. The proposed amendment is consistent with Part 11 ol'Chapter 163, Florida Statute; and 25 4. The proposed amendment is consistent with LDC Section LDCI Section 102- 26 158(d)(7)(b) and is necessary to address a new issue; and 27 5. The proposed amendment will not result in an adverse change in C0111111Unity character 28 to the sub-area which a proposed amendment affects. 29 30 NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF 31 MONROE COUNTY, FLORIDA, the Monroe ounty Planning Commission recommends 32 approval to the Board of'County Commissioners of the proposed amendment to amending Land 33 Development Code Sections 101-1 and 102-187, establishing procedures for the review and 34 approval of Certified Recovery IZesidences pursuant to Section 397.487.1 1",lorida Statutes, as 35 amended by Chapter 2025-182, Laws ofTlorida. 36 37 THIS SPACE INTENTIONALLY LEFT BLANK 38 39 SIGNATURES ON FOLLOWING PAGE 40 Resolution PI0-26 Page 2 ol'3 File 42025-170 I PASSED AND ADOPTED BY THE PLANNING COMMISSION of'Monroe ("'ounty, 2 Florida, at a regular mecting held on the 25th day of*March 2026. 3 4 Ron Denies, Chair Y 1""S 5 Eric Anderson, Vice Chair YELL' 6 George Neugent. (7ornmissioner YES 7 Rosernary "I'hornas, Commissioner YES. 8 Joe Scarpelli, 0) missioner Yl-'s 9 I I PLANNING COMMISSION NR COUNTY, FLORIDA 12 7i> 13 By- .................. 14 Ron Denies, (.',hair 15 16 Signed this day of' 2026 17 18 19 20 21 d1C, §'1-A'1'E OF F 22 23 JESSICA MCKINNEY Notary Public-State of Florida 24 Monroe County Planning ...ornmission Attorney Commission#HH 4606 15 25 Approvedas toJ*'prrn W WW"", My Comm,Expires Nov 1,2027 bonded through National Notary Assn. 26 27 28 ................ .......................... 29 S 1i S e INA' n t 30 31 FIL ED WI"1'[' I'H THE 32 Date:Resolution PIO-26 Page 3 cif'3 File 02025-170