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6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 ORDINANCE NO. 014 -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
I 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 H 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 251' 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 201' 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:
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I 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 11 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 st+i e th-etig,; additions are shown underlined):
20
21 Sec. 101-1. Definitions.
22 Certified recovery residence means a recovery residence that holds a valid certificate of
23 compliance and is actively managed _by a certified recoveryby a certified recovery residence administrator consistent
24 with F.S. §397.311.
25 Certified 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 I11;
41 (4) Landscaping requirements in chapter 114, article IV;
42 (5) Access standards in chapter 114, article VII; and
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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.
11 (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 Planning 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.
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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 souk
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
1 :jurisdli.ction, the invalidity. or :unenforceability of such .provision, or any part,or • ." :
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 parts) - :
:5 " : and/or portion(s)thereof, shall continue:unimpaired in full force:and effect. : :
n.6. Repeal.of Inconsistent Provisions. All.ordinances in:conflict:with this Ordinance
•
.are hereby repealed to the extent of said conflict. The repeal of an:ordinance.herein : :
-..9 : I :: : : shall. not"repeal the repealing:clause ;of such ordinance or::revive any ordinance : ::
which has:been repealed thereby. :
. il: .: . ' . : . . : - : : -
.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.3 80,Florida Statutes:
: . : 1:5 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 I issued:by the State"Land Planning Agency. or-Administration Commission finding: . . ' • :
. . • 18. . : j• :the amendment:in :compliance:with Chapter :163,: Florida :Statutes and after any : : .
• applicable challenges have been,resolved. : I .
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: . 1 • Monroe County Land Development Code. I . . :
25
: : : : 26 : i .;� PASSED AND ADOPTED by the.,Board:of County Commissioners:Of:Monroe.County, : :
: 27. " Florida at a regular meeting held on the 20th t day of: a :
•20:: • .r, • • : Mayor Michelle Lincoln, District 2 Yes. :
'
Y
3 :...` :: .: . :.. Ma y or..Pro Tern David Rice,District"4 : Yes • :' •
3:_.,::.. : :Commissioner:Craig.Cates, District: 1 :" : ' Yes : : : : •
: : - : - 3 .:::::.:"... :H:• • :Commissioner James.K.:Scholl;District 3. .. • Yes .. .
: : • .._ A:,‘.i-:i4g) ' . L):::: ::) . . . :- commissioner Holly Merrill.Raschein,.District:5 Yes.
. • .3 Via``' .: -,
. :,3 - BOARD OF:COUNTY.COMMISSIONERS.: ••. : : :
: 3:6 :4. i i : . .. � ► •RIDA: ". • .
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' : : 041( ,•� . BY.
• (4-, . : : : : . : : : : : . : : : : : : : . . : : . . : : . : : .
. . : 4-'_____-- _i--,-, 1 . 1 1 . . : - : 1 1 1 : MONROE:COUNTY ATTORNEY : :
i ;75=:.�. KEVIN MADOK•
,:CLERK Approved.for form and legal'sufficiency .
iv+r vas . •i Z7eA4l. 7Y6'. . .
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: . i46 S EPUTY CLERK Derek Howard, Sr. Assistant County Attorney. .
: 1 . o • :. .
KeysNeNvs.com
KEr IZEN
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(941)206-1025 F:(305)294-0768
legals@keysnews.com
MONROE CO PLANNING/ENVIORNMENTAL
RES
102050 OVERSEAS H WY
KEY LARGO FL 33037
Account: 423741 Ticket: 3989173
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MONROE [legal text]
Before the undersigned authority personally appeared
Jill Kelli Di Benedetto ,who on oath says that he or she is
The legal advertising representative of the Key West Citizen,a five day newspa-
per published in Key West,in Monroe County, Florida;that the attached copy of
advertisment,being a legal notice in the matter of was published in said newspa-
per in the issues of:
Saturday, May 2,2026
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida Tuesday thru
Saturday weekly,and has been entered as periodicals matter at the post office in
Key West, in said Monroe County, Florida,for a period of 1 year next preceding
the first publication of the attached copy of advertisement;and affiant further says
that he or she has neither paid nor promised any person,firm or corporation any
discount, rebate, commission or refund for the purpose of securing this advertise-
ment for publication in the said newspaper.
(Signature ofAffiant)
Affirmed and subscribed before me this 4th day of May 2026
w
T
(Notary Public Signature)
Laura M Robins
(Notary Public Printed Name) (Notary Seal)
My commission expires 9/26/2026
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
�,L vro W, Riub4ns
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PAGE A6 SATURDAY,MAY 2-SUNDAY MAY 3,2026 Keys Citizen.Weekend Edition keysnews.com
SeniUPSolofrumAl school system so strong" achievements at the senior for graduation.Students will step into the next oil students in style with
KEY WEST HI GH SCHOOL banquet will also receive pits, chapter with a formal special events for their
t HIT e t I t t Friday; chords d stoles f graduation graduation.Somerset
K 4y tH High School M 22 tL n @KWHS clubs.Valedictorian a sd S 1 tL 11 dP best k
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t with t d t Baptist 1 t attend. Graduation Rehearsal
graduating duating class The the auditorium B a,8 a m Religious services will Operation Graduation Wednesday,May 20 at
d th f les,said upcoming will to g senior seek b held tlocal churches Y Y
Superintendent Edmard tfulsend.. 4 They will recognitionfgraduates. 1 d M 29,10Pm 9
Tierney."Graduation ass oft for students 4 ace walking oBthe tK4�HS C dsmall S L h testament not onlyto our Senior Banquet: auda[ormm Sattend abet b tit night of Wednesday,M 20 at
students'aerse a Thursday,May 21 at 6 a.m. Friday night,seniors rservice egardless of activities,t d d4 14 n.@ Key West Yacht
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butalso to the remarkable @KWHScateteria report to the auditorium Class Night Wednesday, th the fiTflow classmates. jet Ski Graduation
duation
nnnen[otour leachers,coaches and at6404 m and the May 2L at 6 Pm@KWHS Il fee for seniors to 1 day;May 22 at 10am @
schooltmentoelaaad the sponsors will hand out c ystaris at 7 p.in. Auditorium attend. Sunset Pier
dbl nnu ity theird tstudentsI tt h O ClassNight seniors
support that makes our t theirmeohnent and seniors othuall q uality get to see the generosity ELSEWHERE: CORAL SHORES
Out community with Basilica School HIGH SCHOOL
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS hundreds Out Graduating class total: Graduating class total:
77
NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING ofdo0asrs hips.nude out n 6
scholarships.Students This year will be the Senior Night����-'Tuesday,
NOTICE OF CHANGE TO THE MONROE COUNTY LAND DEVELOPMENT CODE are expected to report srst group Out high school May 26 At 6 p.m.@
at 5:30 p.m.and to wear graduates the private Performing Arts Center
MAY 20,2026 their cap and gown for the catholic school has had Graduation
event since 1986.'The small Wednesday;May27 at
NORM E IS HEREBY GIVEN maloo wawa W,,May2%2o26,me Memea meaty main M mumy rim—mien wol bola ap,buv e4Graduation Practice: cohort will be celebrating 7Rm.@Coral Shots
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High School Gym
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mEowing Item:wm beeooamerea Art,PUBLIC HEARING: 6p.m.@'Tommy Roberts with upcoming graduation MARATHON MIDDLE
m9LICHEARINGS:900AM(ar as anon tmreaRar as maymmartll: Memorial Stadium vents. HIGH SCHOOL
Students will be one step e Baccalaureate Mass - Graduating class total:
A PUBLIC HEARING GONCERNING A RESDLUaDN BY iNE MDNRDE LDUNlY BOARD DF LDUMY LDMMISGIDNERS AMENDING THE I t reaching theirSunday,MayI,
TAVERNIER HISTORIC DISTRICT SIRESEHWiIDN GUIDELINES,INIPALLY APPROVED PURSUANT TO ORDINANCE NO.N32ut,,PURSUANT TO 112
MONROE COUNTS LAND DEVELOPMENT CODE SECTION 160-129. 1 g awaited l t Graduation R.h.. '1..... -
Thursday the d CappingNigh Ceremony&
yes they Fridayes y i 3:30 P.m. Class Nigh[ -'Tuesday;
AN ORDINANCE BY THE MONROE COUNTS BDARDOP LDUNlYLDMMISGIDNERSAMENDINGFIND DF/ROPMEMCODE SECTIONS l01-1 [O attend gradnation @'Penne55ee W1111aa115
AND TFS10],ESTABLISHING PROCEDURES FOR THE REVIM AND APPROVAL OF CEHTIFEDRECOVERY RESIDENCES PLUSWNTTOSECTION practice.Seniors will Theater May26at6p.m.@
CSoFC FL RIM STATUTES,AS AMENDED BY CHAPTER 202518Z LAWS OF FLORIDA',PRWIDING TAR A REASONABLE ACCOMMOMTI ON Marathon High School
PROCESS,ENSURING COMPLIANCE W(M FEDERAL AND STATE FINS',PROVIDING FOR SEVEHABILITY PENDING FOR REPEAL OF practice walling in the Convocation Ulmer - Graduation -
CONEICTINGPRNISIONS,PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGHNDAND THE SECRETARY OF STATE PROVIDING outdoorstadlunl andbe Friday,May 22 At 6:30
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mmrtive(6)calentlartlaysprwrro meunetlunNmmring:ityou areneanngorvoiceimpairetl,cill"JII." askley.rodriguez@keysnews.
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CONSULTANT
305.896.6859 1 misty.guieb@keysnews.com
GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
May 26, 2026
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is a copy of Ordinance 014-2026 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;providing for a
reasonable accommodation process; ensuring compliance with federal and state laws; providing
for severability;providing for repeal of conflicting provisions; providing for transmittal to
the State Land Planning Agency and the Secretary of State;providing for inclusion in the
Monroe County Land Development Code; providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on May 20, 2026. Should you have any questions please
feel free to contact me at(305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by: Liz Yongue, Deputy Clerk
cc: Planning and Environmental Resources
County Administrator
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
FLORIDA DEPARTMENT Of$ ATE
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RON DESANTIS CORD BYRD
Governor Secretary of State
May 27, 2026
Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Dear Kevin Madok,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 014-2026, which was filed in this office on May 26,
2026.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL/dp
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270