HomeMy WebLinkAbout2026-003-492_-_Certified_Recovery_Residence_Review_and_Approval_Process_-_Adopted.docxORDINANCE NO. 2026-003-492
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE OPERATION
OF CERTIFIED RECOVERY RESIDENCES; ESTABLISHING
PROCEDURES FOR THE REVIEW AND APPROVAL OF
CERTIFIED RECOVERY RESIDENCES; PROVIDING A
PROCESS FOR CERTIFIED RECOVERY RESIDENCES TO
OBTAIN REASONABLE ACCOMMODATIONS FROM LAND USE
REGULATIONS; AMENDING CHAPTER 34, ARTICLE IX,
SECTION 34-287 – “USE REGULATIONS, GENERALLY” OF
THE CODE OF ORDINANCES; AMENDING CHAPTER 34,
ARTICLE IX, SECTION 34-288 - “USES PERMITTED WITH
EXTRA REQUIREMENTS” OF THE CODE OF ORDINANCES;
AMENDING CHAPTER 34, ARTICLE XIX, SECTION 34-733 –
“MASTER USE LIST AND USE DEFINITIONS” OF THE CODE OF
ORDINANCES; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, “certified recovery residence” is defined as a recovery residence that
holds a valid certificate of compliance and is actively managed by a certified recovery
residence administrator,” and
WHEREAS, Section 397.487 of the Florida Statutes outlines a voluntary process
for certification of recovery residences, and
WHEREAS, the Florida legislature has passed Senate Bill (“SB”) 954, requiring
each local government to adopt an ordinance establishing procedures for the review
and approval of certified recovery houses within its jurisdiction, and
WHEREAS, SB 954 outlines the minimum standards for the ordinance including
the process for requesting reasonable accommodations from any local land use
regulation that serves to prohibit the establishment of a certifies recovery residence, and
WHEREAS, recovery residences are not currently addressed by the City's Land
Development Regulations or Code of Ordinances, and
WHEREAS, in order to comply with Section 397.487 of the Florida Statutes, it is
necessary to establish standards for the operation of certified recovery residences in the
city, and
WHEREAS, in response to legislative changes, Staff recommends the City
Council amend Chapter 34 of the City of Miami Gardens Land Development Code to
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Ordinance No. 2026-003-492
allow for the operation of certified recovery residences and establish a process for the
review and approval of certified recovery residences in the city, and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance.
Section 2. AMENDMENT: Chapter 34, Article IX, Section 34-287 of the Code of
Ordinances is hereby amended as follows:
Sec. 34-287. Use regulations, generally.
Table 1: Permitted Uses
Zoning
Districts/Uses
R-
1
R-
2
R-
15
R-
25
R-
50
NC BTO PCD EO PACE INN OF I-1 I-2 PD AU GP
Residential Type Uses
Certified
Recovery
Residences
up to 6
P P P □ □ □ □ □ □ □ □ □ P □ □
Certified
Recovery
Residences
greater than
6
SE SE SE SE □ SE □ □ □ SE □ □ SE □ □
Section 3. AMENDMENT: Chapter 34, Article IX, Section 34-288 of the Code
of Ordinances is hereby amended as follows:
Sec. 34-288. - Uses permitted with extra requirements.
The extra requirements of this section shall be deemed necessary in order for uses subject to such
requirements to be considered appropriate and compatible within the applicable zoning districts
where such extra requirements apply.
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Ordinance No. 2026-003-492
Sec. 34-288(51) Certified recovery residences
(a) Purpose and intent. It is the purpose and intent of this subsection in accordance with F.S. 397.487,
to establish procedures for the review and approval of certified recovery residences within the City
of Miami Gardens.
(b) Definitions. The terms of this section shall have the same definitions as provided in F.S. § 397.311,
as may be amended from time to time, unless specifically provided otherwise herein. For the
purposes of clarity, the city adopts from F.S. § 397.311 the definitions of the following words:
1) “Certificate of compliance” means a certificate that is issued by a credentialing entity to a
recovery residence or a recovery residence administrator, and
2) “Certified recovery residence” means a recovery residence that holds a valid certificate of
compliance and is actively managed by a certified recovery residence administrator, and
3) “Certified recovery residence administrator” means a recovery residence administrator
who holds a valid certificate of compliance as required by F.S. 397.4871.
(c) Requirements for certified recovery residences. Certified Recovery Residences shall be allowed in
all districts zoned residential as an allowable use, provided:
1. The certified recovery residence has a valid certificate of compliance and meets all of the
requirements set out in Florida law, including the requirements in F.S. ch 397.
2. It is located at least 1,200 feet from another existing, legally established recovery residence or
community residence in a multifamily zone district; and shall be located at least 1,000 feet
from an area zoned R-1, single-family residential. The distance requirement shall be measured
by following a straight line from the nearest portion of the structure of the proposed use to
the nearest portion of the structure of the existing use.
3. A request is submitted to the city on an approved form accompanied by the required fee
verifying distance requirements as outlined in this section have been complied with.
(d) Administrative Procedures. The city manager is hereby authorized to enforce reasonable rules and
procedures for application, issuance and denial of requests for establishing certified recovery
residences as well as requests for reasonable accommodations.
(1) Nondiscrimination. The application and Reasonable Accommodation process shall be
consistent with the Fair Housing Amendments Act of 1988, 42 U.S.C. ss. 3601 et seq., and Title
II of the Americans with Disabilities Act, 42 U.S.C. ss. 12131 et seq, as amended. The land use
regulation for which the applicant is seeking a Reasonable Accommodation must not facially
discriminate against or otherwise disparately impact the applicant.
(2) Reasonable Accommodation Request Application. Application, contents. Applications for
reasonable accommodation request shall be made to the city manager or his/her designee, in
writing, by the person or persons in charge or responsible therefore. The application shall set
forth, at a minimum, the following information:
a) The name, address and telephone number, fax number and email address of the
applicant or applicant’s authorized representative;
b) The property address and parcel identification number; and
c) If any local land use regulation serves to prohibit the establishment of a certified
recovery residence at the property, a description of the accommodation requested and
the specific regulation or policy from which relief is sought. The city will not require
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Ordinance No. 2026-003-492
public hearings beyond the minimum required by law to grant the reasonable
accommodation.
(3) Date-stamp. Upon receipt, city manager or his/her designee shall date-stamp each application
for a certified recovery.
(4) Review by city manager. After receipt of the application and all required fees and documents,
the city manager or his/her designee shall review the application and if additional information
is required, notify the applicant in writing within the first thirty (30) days after receipt of the
application and allow the applicant at least thirty (30) days to respond.
(5) Final written determination. The city manager or his/her designee shall issue a final written
determination on the application within sixty (60) days after receipt of a completed
application. The determination must:
a) approve the request in whole or in part, with or without conditions; or
b) deny the request, stating with specificity the objective, evidence-based reasons for
denial and identifying any deficiencies or actions necessary for reconsideration.
c) If a final written determination is not issued within sixty (60) days after receipt of a
completed application, the request is deemed approved unless the parties agree in
writing to a reasonable extension of time.
(e) Revocation. The city manager or his/her designee may revoke a granted reasonable accommodation
of a certified recovery residence for cause, including, but not limited to, a violation of the conditions
of approval or the lapse, revocation, or failure to maintain certification or licensure required under
section 397.487, Florida Statutes, if not reinstated within 180 days.
(f) The application of this section does not supersede any current or future declaration or declaration
of condominium adopted pursuant to chapter 718; any cooperative document adopted pursuant to
chapter 719; or any declaration or declaration of covenant adopted pursuant to chapter 720
Section 4. AMENDMENT: Chapter 34, Article XIX, Section 34-733 of the Code of
Ordinances is hereby amended as follows:
Sec. 34-733. - Master use list and use definitions.
APPENDIX A. MASTER USE LIST AND USE DEFINITIONS
Use Related
Uses Definition
Certified Recovery Residence (See
Section 34-288 for special requirements)
Certified Recovery Residence means a recovery
residence that holds a valid certificate of compliance
and is actively managed by a certified recovery
residence administrator pursuant to F.S 397.311.
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Section 5. CONFLICT: All ordinances or Code provisions in conflict herewith are
hereby repealed.
Section 6. SEVERABILITY: If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
Section 7. INCLUSION IN CODE: It is the intention of the City Council of the City
of Miami Gardens that the provisions of this Ordinance shall become and be made a
part of the Code of Ordinances of the City of Miami Gardens and that the section of this
Ordinance may be renumbered or relettered and the word “Ordinance” may be changed
to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed.
Section 8. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
PASSED ON FIRST READING ON THE 14th DAY OF JANUARY, 2026.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS
AT ITS REGULAR MEETING HELD ON JANUARY 28, 2026.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON BENSON, CITY MANAGER
Moved by: Vice Mayor Stephens
Seconded by: Councilman Leon
VOTE: 6-0
Mayor Harris Yes
Vice Mayor Stephens, III Yes
Councilwoman Baskin Absent
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Councilman Leon Yes
Councilwoman Powell Yes
Councilwoman Wilson Yes
Councilwoman Julien Yes
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