25-035 ORDINANCE NO. 25-035
1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
2 BOYNTON BEACH, FLORIDA, AMENDING THE CITY'S CODE OF
3 ORDINANCES, BY AMENDING PART III, ARTICLE II, SECTION 4, BY
4 AMENDING SUBSECTION F, "REQUESTS FOR ACCOMMODATION," IN
5 ORDER TO PROVIDE PROCEDURES FOR HANDLING AND PROCESSING
6 REQUESTS FOR ACCOMMODATION FROM THE CITY'S LAND
7 DEVELOPMENT REGULATIONS; PROVIDING FOR CONFLICTS;
8 PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
9 PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES.
10
11 WHEREAS, the Florida Legislature, by HB 21 (2015), established a voluntary certification
12 program for recovery residences that establishes operational and ethical safeguards for disabled
13 persons, and the City of Boynton Beach, Florida ("City") desires to acknowledge and promote such
14 safeguards; and
15 WHEREAS, in accordance with SB 954 (2025) pertaining to the establishment of"Certified
16 Recovery Residences," the City desires to enact an Ordinance providing for procedures for
17 handling and processing requests for accommodation from the City's Land Development
18 Regulations relating to the establishment of Certified Recovery Residences before the statute's
19 effective date of January 1, 2026; and
20 WHEREAS, the term, "reasonable accommodation" is a statutorily established method by
21 which an individual who is disabled and/or handicapped (as those terms are defined in Title II of
22 the Americans with Disabilities Act and/or the Fair Housing Amendments Act, hereafter,
23 "disabled"), or a provider of services to the disabled qualifying for reasonable accommodations
24 under the referenced statutes, can request a modification or alteration in the application of a
25 specific Code provision, rule, policy, or practice, to them. The proposed accommodation sought
26 by the disabled individual must be reasonable and necessary to afford such person an equal
27 opportunity to use and enjoy housing in a Certified Recovery Residence, or a drug and alcohol
28 treatment home or recovery residence that is certified by the Florida Association of Recovery
29 Residences ("FARR"), as defined under Part III, Article II. Definitions; and
30 WHEREAS, the City desires to adopt within the City's Land Development Regulations, and
31 consistent with SB 954 (2025), reasonable accommodation procedures that will permit disabled
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ORDINANCE NO. 25-035
32 individuals (or qualifying entities) to request a reasonable accommodation and, where
33 appropriate, based on the facts and the law, to receive a reasonable accommodation from the
34 City's Land Development Regulations relating to the establishment of Certified Recovery
35 Residences; and
36 WHEREAS, the City Commission, sitting as the Local Planning Agency, has determined
37 that the change is consistent with and furthers the goals, objectives, and policies of the City's
38 Comprehensive Plan; and
39 WHEREAS, the City Commission, upon the recommendation of staff, has determined that
40 the proposed change will protect the City's citizens and residents.
41 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
42 BEACH, FLORIDA, THAT:
43 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
44 being true and correct and are hereby made a specific part of this Ordinance upon adoption.
45 SECTION 2. That the Code of Ordinances of the City of Boynton Beach, Florida, shall be
46 amended by amending Part III "Land Development Regulations," Article II "Planning and Zoning
47 Division Services," Section 4, "Relief Applications," by Amending Subsection F, "Requests for
48 Accommodation," to read as follows:
49 F. Requests for Accommodation.
50 ...
51 2. Process for the Establishment of Certified Recovery Residences
52 (a) Purpose and Intent. The purpose of this section is to implement a procedure for processing
53 written requests for a reasonable accommodation to the City's Code of Ordinances, Land
54 Development Regulations, Rules, Policies, and Procedures for persons with disabilities as defined
55 by the federal Fair Housing Amendments Act (42 U.S.C. 3601, et seq.) ("FHA") and Title II of the
56 Americans with Disabilities Amendments Act (42 U.S.C. 12131, et seq.) ("ADA"), as required by
57 section 397.487(15), Florida Statutes. For purposes of this section, a "disabled" person is an
58 individual who qualifies as disabled and/or handicapped under the FHA and/or ADA. Any person
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ORDINANCE NO. 25-035
59 who is disabled (or a qualifying entity) may request a reasonable accommodation with respect to
60 the City's Land Development Code, Code of Ordinances, rules, policies, practices, and/or
61 procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section.
62 The City's procedures for reviewing applications seeking reasonable accommodations related to
63 the establishment of certified recovery residences shall proceed as established in 1. General under
64 Subsection F. Requests for Accommodation, with the additional requirements as outlined under
65 section 397.487(15), Florida Statutes.
66 (b.) Application. A request by an applicant for a reasonable accommodation under this section
67 must be in writing. The City shall date-stamp each written application upon receipt. If additional
68 information is required,the City must respond to the applicant within the first thirty(30)days after
69 receipt of the application and allow the applicant at least thirty(30)days to respond.A final written
70 determination on an application shall be issued by the City within sixty (60) days after receipt of a
71 completed application. The application must, at minimum, contain the name and contact
72 information of the applicant/representative, the property address and parcel identification
73 number, and a description of the accommodation requested and the specific regulation and/or
74 policy from which relief is sought. The City's determination must either approve the request, in
75 whole or in part, with or without conditions, or deny the request, stating with specificity the
76 objective, evidence-based reasons for the denial and identifying any deficiencies or actions
77 necessary for reconsideration. If a final written determination is not issued within sixty (60) days
78 after receipt of a completed application, then the request is deemed approved unless the parties
79 agree in writing to a reasonable extension of time.
80 (c.) Revocation of reasonable accommodation.
81 (1) Any reasonable accommodation received shall be deemed revoked if the applicant or
82 the property upon which the accommodation is granted is found in violation of any
83 conditions of the approval granting the reasonable accommodation by a court of law or
R4 by the special magistrate hearing code enforcement cases.
85 (2) Failure to obtain state certification or a required state license, or failure to maintain
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ORDINANCE NO. 25-035
86 state certification or a required state license, or alternate certification permittedky this
87 section, shall result in revocation of the reasonable accommodation and cessation of
88 operations within one hundred and eighty (180) days of termination of the license or
89 certification.
90 (d.) Re-certification. If a reasonable accommodation is for a property which is required to be
91 licensed or certified pursuant to this section or applicable state or federal law, then to be
92 recertified, an applicant must provide proof of active licensure or certification consistent with the
93 requirements of section 397.487(15), Florida Statutes.
94 (e.) Severability. If any part, section, subsection, paragraph, subparagraph, sentence, phrase,
95 clause, term, or word of this Subsection F, "Requests for Accommodation," is
96 declared unconstitutional by the final and valid judgment or decree of any court
97 of competent jurisdiction, this declaration of unconstitutionality or invalidity shall
98 not affect any other part, section, subsection, paragraph, subparagraph, sentence,
99 phrase, clause, term, or word of this Subsection F, "Requests for Accommodation."
100 SECTION 3. That all ordinances or parts of ordinances, all City Code sections or parts of
101 City Code sections, and all resolutions or parts of resolutions in conflict with this ordinance are
102 hereby repealed to the extent of such conflict.
103 SECTION 4. That if any section or provision of this ordinance or any portion thereof, any
104 paragraph, sentence, clause, or word be declared by a court of competent jurisdiction to be
105 invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof
106 other than the part declared invalid.
107 SECTION 5. That the provisions of this ordinance shall be codified within the Code of
108 Ordinances of the City of Boynton Beach, Florida, and any paragraph or section may be
109 renumbered to conform with the Code of Ordinances.
110 SECTION 6. This Ordinance shall take effect in accordance with the law.
111
112
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ORDINANCE NO. 25-035
113 FIRST READING this 4141day of 'J1 'oc,r , 2025.
114 SECOND, FINAL READING AND PASSAGE this l o day of 1\ki\LZirAN9GC, 2025.
115
116 CITY OF BOYNTON BEACH, FLORIDA
117 YES NO
118 Mayor- Rebecca Shelton
119 "
120 Vice Mayor-Woodrow L. Hay ✓
121
122 Commissioner-Angela Cruz - �-
123
124 Commissioner-Thomas Turkin
125
126 Commissioner-Aimee Kelley
127
128 VOTE 3-0
129 ATT :
130
131 � • j‘ .1±)(
132 Mayl-:o• Jesus, PA, MMC Rebecca Shelton
133 City Clerk Mayor
134 - OF BOYN`N%
135 �'� ..•opRPo.�Tp2APPROVED AS TO FORM:
136 (Corporate Seal) ; S '�9, •
137 ;SNC 1qt •.ni /
138 j9� AIFD �� G'��'u
139 0 Shawna G. Lamb
140 City Attorney
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