P&Z recommends ordinance to create reasonable-accommodation process for certified recovery residences

The Seminole County Planning and Zoning Commission on Oct. 1 unanimously recommended the Board of County Commissioners adopt an ordinance amending the county's Land Development Code to establish a reasonable-accommodation process for certified recovery residences.

County staff explained the proposed changes implement changes in Florida law (Senate Bill 954) and a new subsection (15) to Florida Statutes 397.487 that took effect July 1, 2025. David German, senior planner, summarized the statutory definition and the four levels of certified recovery residences stated in the statute, noting that the amendment adds definitions and implements a review process required by state law.

Deputy County Attorney Nessa Borchert (appearing in the record as counsel on the item) told the commission the reasonable-accommodation process is distinct from zoning variances and is narrowly applicant-specific. "Reasonable accommodation processes are not a variance... it's specific to the applicant, and it does not run with the property," Borchert said, explaining that the county’s review must determine whether the applicant qualifies under the Fair Housing Act and Americans with Disabilities Act protections and whether the requested accommodation is reasonable and necessary.

Under the proposed ordinance, reasonable-accommodation applications must be filed with the Planning and Development division and include a description of the accommodation requested, verification of disability status (for individuals) or state certification (for providers), and supporting documentation. The development services director or designee must issue a determination within 60 days. Staff said determinations may approve, approve with conditions, or deny requests and that the criteria to consider include whether the applicant demonstrates a disability, whether the requested accommodation is necessary to afford equal opportunity to use and enjoy the residence, whether it would impose an undue financial or administrative burden on the county, and whether it would fundamentally alter county regulations.

Borchert told commissioners that reasonable accommodations are tied to the applicant rather than the property and gave parking as an example of an accommodation that might be requested and evaluated on a case-by-case basis. "You could make a reasonable accommodation request, and we could accommodate that as long as it met certain criteria," Borchert said. "These reasonable accommodation requests... are only good run with the applicant, not with the property itself."

Commissioners asked clarifying questions and heard no public comment on the ordinance. A motion recommending approval to the Board of County Commissioners passed by voice vote.

Next steps: the recommendation will be forwarded to the Board of County Commissioners for consideration; the county must adopt procedures before Jan. 1, 2026, to comply with the statute.