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City attorney warns Apopka council of new state mandate on certified recovery residences
Summary
City Attorney briefed council on Florida statute 397.487 requiring municipalities to adopt approval procedures for certified recovery residences by Jan. 1, 2026; staff will return with an ordinance to comply with state law and federal Fair Housing/ADA constraints.
City Attorney notified the council Nov. 5 that Florida law (F.S. 397.487) requires municipalities to adopt an ordinance establishing procedures to review and approve certified recovery residences by Jan. 1, 2026.
The attorney said the statute treats certified recovery residences—residential facilities that provide housing for people in recovery from substance use disorders—similarly to other residential uses for zoning and permitting so long as local rules comply with state law, federal Fair Housing and Americans with Disabilities Act (ADA) protections. The attorney warned that ordinances or zoning rules that unduly restrict the location of certified recovery residences could be legally vulnerable if they conflict with the statute or federal protections.
Key points: The ordinance the city must adopt should establish reasonable review procedures but cannot lawfully discriminate against recovery residences on the basis of disability. Staff will return with a draft ordinance for council adoption to meet the statutory deadline. The attorney also reminded council members of related statutes governing community residential homes and family day‑care homes and said those state laws narrow the range of local land‑use restrictions for certain group residences.
What council members should expect: City staff will prepare a proposed ordinance that establishes procedures for reviewing certified recovery residences while ensuring compliance with state statute, federal Fair Housing law and ADA. The city attorney encouraged commissioners who object to the statute to raise the issue with their legislative delegation; legally the city must act to adopt a compliant ordinance.
Who spoke: City Attorney (presentation), staff and council members asked clarifying questions about deed restrictions and the interplay with state law. The attorney said deed restrictions would apply only to the extent they are not contrary to state law.
