LPA recommends council adopt ordinance establishing expedited local process for certified recovery residences

The Fort Myers Beach Local Planning Agency unanimously recommended the town council adopt Ordinance 25‑27, which establishes local procedures to process requests for reasonable accommodations needed to operate certified recovery residences under Florida law.

LPA legal counsel explained that approvals for these facilities have been largely preempted to the state but that local governments must adopt an expedited local procedure to process reasonable‑accommodation requests. Counsel said the ordinance would require only one public hearing before the LPA if the LPA decision is unanimous and no one (including staff) files a request for a town council hearing within 10 days, ensuring the town meets the statutory deadline for having procedures in place.

The ordinance includes references to compliance with the Americans with Disabilities Act and the federal Fair Housing Act and sets an expedited internal timeline: staff explained review and processing is intended to be faster than typical zoning cases, with internal windows discussed in the meeting (staff mentioned a 30‑day exchange period and resolution within roughly 60 days where possible). The LPA moved to recommend adoption to council and the motion passed unanimously.

Staff emphasized that the town has not yet received applications for certified recovery residences and that the ordinance is intended to comply with state law and provide an orderly local procedure should applicants appear. The ordinance will be scheduled for first reading and second reading at subsequent town council meetings as the next steps.

Next steps: Staff will forward the ordinance to the town council for first and second readings as scheduled in the meeting packet.