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ORDINANCE 2026 -_ <br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, <br />FLORIDA, AMENDING CHAPTER 265, ARTICLE VII, SECTION 265-44 OF THE LAND <br />DEVELOPMENT REGULATIONS, ENTITLED "SPECIFIC USE REGULATIONS," BY <br />ESTABLISHING PROCEDURES FOR THE REVIEW AND APPROVAL OF CERTIFIED <br />RECOVERY RESIDENCES AND CREATING A PROCESS FOR REQUESTING A <br />REASONABLE ACCOMMODATION FROM ANY LAND USE REGULATION THAT <br />SERVES TO PROHIBIT THE ESTABLISHMENT OF A CERTIFIED RECOVERY <br />RESIDENCE IN ACCORDANCE WITH SECTION 397.487(15)(A), FLORIDA STATUTES; <br />PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR <br />TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; AND PROVIDING FOR <br />AN EFFECTIVE DATE. <br />WHEREAS, Chapter 166, Florida Statutes, confers upon local governments the authority <br />to adopt regulations designed to promote the public health, safety, and general welfare of its <br />citizenry; and <br />WHEREAS, on June 25, 2025, Florida Governor Ron DeSantis signed into law Senate Bill <br />954 (Fla. Stat. Ch. 2025-182), amending Section 397.487, Florida Statutes ("Voluntary <br />Certification of Recovery Residences") which requires that, by January 1, 2026, the governing <br />body of each county or municipality adopt an ordinance establishing procedures for the review <br />and approval of certified recovery residences within its jurisdiction, including a process for <br />requesting reasonable accommodations from any local land use regulation that serves to prohibit <br />the establishment of a certified recovery residence; and <br />WHEREAS, the City's Land Development Regulations ("LDRs") do not provide a process <br />for the review or approval of certified recovery residences nor for requesting a reasonable <br />accommodation from any local land use regulation that would prohibit the establishment of a <br />such a certified recovery residence; and <br />WHEREAS, creating a procedure to request a reasonable accommodation to establish a <br />certified recovery residence will provide persons with disabilities equal access to housing <br />opportunities in all areas of the City while preserving the overall intent and purpose of the City's <br />planning and land use regulations; <br />WHEREAS, the City is required to amend Chapter 265, Article VII, Specific Use Regulations, <br />to comply with Section 397.487(15)(a), Florida Statutes; and <br />WHEREAS, the City Commission finds this Ordinance is consistent with the <br />Comprehensive Plan and will promote orderly development, improve clarity in the Land <br />Development Regulations, and protect the public health, safety, and welfare; <br />Page 1 of 7 <br />407 <br />