Background:
This item was advertised for the November 12, 2025 City Commission Meeting. At the November 12, 2025 City Commission meeting, the this item was tabled and continued to the December 9, 2025 City Commission Meeting at 5:00 PM at the City Hall Commission Chamber at 10770 West Oakland Park Boulevard, Sunrise, Florida 33351.
Pursuant to Chapter 163.3174(4)(c), Florida Statutes, the City Commission (acting as the Local Planning Agency) is required to hold a duly advertised public hearing in order to review and make recommendations to the governing body as to the consistency of a proposed amendment to the City's Land Development Code with the adopted Comprehensive Plan. There is not an anticipated increased financial impact on the cost of residential housing as a result of the proposed Land Development Code revision.
In 2015, the Florida Legislature established a voluntary certification program for recovery residences that established operational and ethical safeguards for disabled persons by creating Section 397.487, Florida Statutes. The Legislature found that a person suffering from addiction has a higher success rate of achieving long-lasting sobriety when given the opportunity to build a stronger foundation by living in a recovery residence after completing treatment.
On June 25, 2025, the Governor signed into law Senate Bill 954, which amends Section 397.487, Florida Statutes (“Voluntary Certification of Recovery Residences”), and requires the City to enact an ordinance providing for procedures for review and approval of certified recovery residences, including a process for requesting reasonable accommodations from any local land use regulation that serves to prohibit the establishment of a certified recovery residence.
Independent of the requirement by Florida Statute regarding reasonable accommodations for certified recovery residences, Federal law identifies drug and alcohol recovery as a disability that is protected by the American Disabilities Act (ADA). Federal law requires reasonable accommodations from local regulations be granted for a disability when the local regulation is not affording individuals with a disability the same opportunity as those without a disability.
The proposed ordinance amends the City of Sunrise Land Development Code to comply with Section 387.487, Florida Statutes by creating procedures to request a reasonable accommodation to establish a certified recovery residence that will provide people with disabilities equal access to housing opportunities within the City while preserving the overall intent and purpose of the City’s planning and land use regulations. The proposed ordinance also provides these procedures may be used to request a reasonable accommodation from the City Code for other kinds of residences or group homes protected by federal law.
The proposed amendment to the City of Sunrise Land Development Code creates a new section with the Land Development Code consistent with state law to:
- Establish the purpose
- Establish definitions
- Provide for an application for reasonable accommodation from any land use regulation that would prohibit the establishment of a certified recovery residence
- Provide for assistance to ensure the process is accessible for applicants
- Specify that a fee cannot be charged for a reasonable accommodation request
- Provide for the decision process that establishes:
- Review procedures and timelines consistent with state law and includes the Community Development Director or designee as the authority to act on requests for a reasonable accommodation
- Review criteria
- Expiration of approval if the certified recovery residence is not implemented within 180 days
- Provide for an appeal process of the Community Development Department Director’s decision to the City Manager
- Specify a public hearing cannot be required beyond the minimum required by law to grant a requested accommodation
- Provide for revocation provisions
The proposed Land Development Code amendment is consistent with the Goals, Objectives and Policies of the City’s adopted Comprehensive Plan and necessary for the preservation of the public health, safety, and welfare of the City’s residents.
For more information on this item, please contact the Community Development Department staff member identified below.