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Commission recommends ordinance implementing state law on certified recovery residences
Summary
Apopka planners voted Dec. 9 to recommend an ordinance (Ord. 3143) implementing Florida statute 397.487’s requirements for local procedures and reasonable-accommodation requests related to certified recovery residences. The ordinance sets a special-exception process and keeps statutory notification procedures in place.
The Planning Commission on Dec. 9 recommended approval of Ordinance 3143, an ordinance implementing state requirements for review and reasonable-accommodation processing for certified recovery residences.
Staff said the ordinance follows Florida statute 397.487 and establishes definitions, a special-exception review process and administrative procedures for applicants to request reasonable accommodations to land-use regulations. The presenter noted the city is on track to adopt the ordinance before the state’s Jan. 1, 2026 deadline.
Commissioners asked whether private deed restrictions (HOA covenants) would be superseded; staff and counsel said local land-use regulation is the jurisdictional framework but that deed restrictions and HOA covenants are private instruments that could affect whether a use can operate in a given subdivision, depending on timing and content. The city’s special-exception notification process (300-foot certified-mail notice and required community meeting) remains in place for administrative approvals.
Commissioner Norwood moved to recommend approval; the commission approved the recommendation on voice vote.
