HomeMy WebLinkAboutOrdinance No. 1512-26 Recovery Residences.pdfINSTR# 2026027228 OR BK 11363 PG 3282 Page 1 of 3
02/12/2026 11:12 AM Rcpt: 2925496 Rec: 27.00 DS: 0.00 IT: 0.00
Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller
ORDINANCE NO. 1512-26
AN ORDINANCE OF THE CITY OF ZEPHYRHILLS,
FLORIDA, CREATING CHAPTER 75 - CERTIFIED
RECOVERY RESIDENCES, OF THE CODE OF
ORDINANCES; ESTABLISHING PROCEDURES FOR THE
REVIEW AND APPROVAL OF CERTIFIED RECOVERY
RESIDENCES; PROVIDING FOR APPLICABILITY,
REPEALER, SEVERABILITY, INCLUSION IN THE CODE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Article VIII, Florida Constitution of 1968, and Chapter 166,
Florida Statutes, the City of Zephyrhills has the authority to adopt regulations relating to Certified
Recovery Residences; and
WH,F ,REAS, the Florida Legislature has passed SB 954, which the Governor has signed
into law, thus creating Chapter 2025-182, amending Chapter 397, Florida Statutes, pertaining to
the certification of recovery residences; and
WHEREAS, the Florida Legislature has 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 while receiving treatment or after completing
treatment; and
WHEREAS, Section 397.487(15)(a), Florida Statutes, mandates each municipality and
county in the State of Florida must adopt an ordinance establishing procedures for the review and
approval of certified recovery residences; and
WHEREAS, this Ordinance is adopted for the purpose of compliance with Section
397.487(15)(a), Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ZEPHYRHILLS, FLORIDA, AS FOLLOWS:
SECTION 1: RECITALS.
The Whereas clauses above are true and accurate and are incorporated by reference and
made a part of this Ordinance.
SECTION 2: CERTIFIED RECOVERY RESIDENCES ORDINANCE.
Chapter 159: Certified Recovery Residences. of the Code of Ordinances of the City of
Zephyrhills is hereby created:
CHAPTER 159. CERTIFIED RECOVERY RESIDENCES.
Sec. 159 -01. —Purpose.
The purpose of this section is to implement a procedure for processing, reviewing. and
at 1?roving certified recovery residences within the Cite and requests for reasonable
accommodations from any City land use regulation that serves to prohibit the establishment
of a certified recovery residence. as the same is defined by Chapter 397, Florida Statutes.
Sec. 159-02. —Application.
ii) Submittal. A request by an applicant for the approval of a certified recovery
residence_ or for reasonable accommodation from any of the City's land use regulations that
serve toprohibit the establishment of a certified recovery residence, shall be submitted by° the
apjilicant, in writin`.. to the City's Planning. Department. Upon receipt of the applicant's
at?.plication. the Cit\ shall date -stamp the application and, if additional information is required,
it red,
notii'y the applicant in writing within thirty (30) day, s after receipt of the application and allow
the applicant at least thirty (30) days to respond.
OR BK 11363 PG 3283 Page 2 of 3
Final Determination. If the establishment of a certified recovery residence
complies and is consistent with the Cii's Code of Ordinances and other applicable law,
approval of the application shall be rendered administratively by the Cite Manager or his/her
designee. In the event the applicant requests reasonable accommodation from any of the City's
land use regulations, a final determination on the application shall be issued by the City
Council in accordance with the terms set forth in this Section. In either event, a final
determination on the application shall be issued within sixtie_ (60) dais after receipt of the
completed application. If a final determination is not issued within sixty (60) days after receipt
of the completed application,_ the request is deemed approved, unless the applicant and the
City agree. in writing, to a reasonable extension of time. The final determination must:
(i)Approve the request in whole or in part, with or without conditions, or
(ii) Den\ the request, stating with specificity the objective, evidence -based
reasons for denial and identifying any deficiencies or actions necessary for reconsideration.
(3) Application Contents. An application submitted pursuant to this Section must
include, at minimum, the following information:
(i) The name and contact information of the applicant or the applicant's
authorized representative:
ii) The properly address and parcel identification number: and
(iii.) A description of the accommodation requested and the specific
res�ulation or policy- from which relief is sought.
Div) Anvv other information requested on the application form provided boa
the City 's Planning Department.
(4) Findings for Reasonable Accommodations. In determining whether the
reasonable accommodation request shall be granted or denied. the applicant shall be required
to establish:
(i) The property that is the subject_ of the request for a reasonable
accommodation will be used as a certified recovery residence pursuant to Chapter 397, Florida
Statutes:
(ii) The requested accommodation is necessary to establish the property as
a certified recovery residence:
Ljii} The applicant agrees to adhere to the requirements set forth in Chapter
397, Florida Statutes, throughout the use of the property as a certified recove r residence: and
Sec. 159-03. — Revocation of Reasonable Accommodations.
Any reasonable accommodation received shall be deemed revoked if the applicant or the
properly upon which the reasonable accommodation is granted is found, bx; the Citry Council. a
court of law or by the special magistrate to have violated a condition of approval or if the
certification or licensure required under Chapter 397, Florida Statutes, for the certified recovery
residence lapses. is revoked, or otherwise fails to be maintained and the certification or licensure
is not reinstated within 180 days of the date of lapse, revocation, or other means of expiration.
SECTION 3. REPEALER.
Any and all ordinances in conflict herewith are hereby repealed to the extent of any
conflict.
SECTION 4. SEVERABILITY.
It is declared to be the intent of the City Council of the City of Zephyrhills, Florida, that if
any section, subsection, sentence, clause, or provision of this ordinance is held invalid, the
remainder of the ordinance shall be construed as not having continued the said section, subsection,
sentence, clause, or provision and shall not be affected by such holding.
SECTION 5. INCLUSION INTO THE CODE.
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OR BK 11363 PG 3284 Page 3 of 3
It is the intent of the City Council that the provisions of this Ordinance shall become and
be made a part of the City of Zephyrhills code, and that the sections of this Ordinance may be
renumbered or re -lettered and the word "ordinance" may be changed to "section," "article,"
"regulation," or such other appropriate word or phrase in order to accomplish such intentions.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall become effective upon passage on the second reading and signing by
the Mayor.
The NO1 'o diiance No. 1512-26 was read and passed on the first reading in an open and
regul Meting orth ty Council of the City of Zephyrhills, Florida, on this 26th day of January,
L'
1 caido. Quinones4 City Clerk Charles E. Proctor
ry Council President
The foregoing-Ordinauce No. 1512-26 was read and passed on the second reading following a
public art jM wi,open and regular meeting of the City Council of the City of Zephyrhills,
Fldr,, t na, 0,this .9th d .of February, 2026.
12ti®"do Quinors, City Clerk Charles E. Proctor
.:.
Council President
Thf�'fq O dlrlk'dre finance No. 1512-26 was approved by me this 9th day of February, 2026.
Melonie Bahr Monson, Mayor
Approved as to legal form and content
Matthew E. Maggard, ty Attorney
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