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Apopka adopts ordinance establishing review process for certified recovery residences to comply with state law
Summary
City adopted Ordinance 31-43 setting a 60-day DRC review and an appeals path to council for reasonable-accommodation requests for certified recovery residences under Florida Statute 397.487; staff said the ordinance is primarily mandated by the state and must be adopted by Jan. 6.
The council approved the first reading of Ordinance 31-43 to establish a process for reviewing reasonable-accommodation requests to allow certified recovery residences within Apopka consistent with Florida Statute Section 397.487. Cliff Shepherd told the council the ordinance creates a staff-level Development Review Committee (DRC) review with a 60‑day timeline for complete applications and an appeals path to city council so elected officials can weigh in before litigation occurs.
Several residents raised concerns about concentrations of recovery residences in particular neighborhoods, asking whether the city could impose distance limits. Shepherd said the state statute limits local authority and the legal standard is whether a requested accommodation is reasonable under the Fair Housing Act and the Americans with Disabilities Act; therefore, blanket distance limits are not explicitly permitted by the statute. The ordinance includes an appeals process to ensure elected officials can review denials before potential litigation.
Council approved the ordinance on first reading and directed staff to return for second reading and adoption by Jan. 6 to meet the statutory deadline.
