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HomeMy WebLinkAbout25-024 ORDINANCE NO. 25-024 FILE NO.: TLDC-2511-000042 AN ORDINANCE AMENDING ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 7.10.30 REASONABLE ACCOMMODATION PROCEDURES TO PROVIDE PROCEDURES FOR REVIEW AND APPROVAL OF CERTIFIED RECOVERY RESIDENCE PROVIDING FOR CONFLICTING PROVISIONS; BY PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY;PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Code. 2. On April 2, 2013, this Board adopted a reasonable accommodation ordinance, which the Board now desires to amend as set forth herein. 3. On December 6, 2022, this Board approved Ordinance No. 22-033 amending appeals procedure. NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. SPECIFIC AMENDMENTS TO THE ST. LUCIE LAND DEVELOPMENT CODE. Chapter VII, Section 7.10.30 is hereby deleted in its entirety and replaced with the following Section 7.10.30: 7.10.30. Reasonable Accommodation Procedures. 1. This section implements the policy of St. Lucie County (the "County") for processing of requests for reasonable accommodation to its ordinances, rules, policies, and procedures for persons with disabilities as provided by the Federal Fair Housing Amendments Act(42 U.S.C. 3601,et. seq.)("FHA")and Title II of the Americans with Disabilities Act(42 U.S.C. Section 12131, et. seq.) ("ADA"). For purposes of this section, a"disabled" individual or person is an individual that qualifies as disabled and/or handicapped under the FHA and/or ADA. Any person who is disabled (or a qualifying entity entities) may request a reasonable accommodation with respect to the County's land use or zoning laws,rules,policies,practices and/or procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section. Unless specifically allowed in any other section within the County's Land MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY Struckh"ough words are deleted;underlined words are added. FILE# 5563411 12/17/2025 11:27:17 AM OR BOOK 5409 PAGE 59-64 Doc Type:ORDN RECORDING: $52.50 Development Code, any licensed or certified residential provider (including any Certified Recovery Residence as defined in Section 397.311 (5), Fla. Stat.) must seek approval from the County through an application for reasonable accommodation as set forth herein. 2. A request by an applicant for reasonable accommodation under this section shall be made in writing by completion of a reasonable accommodation request form, which form is maintained by (and shall be submitted to) the Planning and Development Services (PD&S) Department. The reasonable accommodation request form shall be substantially in the form set forth in Section 10 below and upon receipt by the County, will be date-stamped. If additional information is required by the County, the application will not be considered complete, and the County will notify the applicant in writing within the first 30 days after the receipt of the application. The applicant shall have 30 days after the receipt of the notice from the County to respond to the request. The applicant's failure to respond in whole or in part shall be deemed an abandonment of the application, and it will be considered withdrawn. Within 7 days after the County's receipt of the additional information (but no later than 37 days from the applicant's receipt of the County's request for additional information), the County will notify the applicant in writing as to whether the application is deemed complete or whether the application is considered abandoned. 3. Should the information provided by the disabled individual to the County include medical information or records, including records indicating the medical condition, diagnosis or medical history of the disabled individual,such individual may,at the time of submitting such medical information,request that the County,to the extent allowed by law,treat such medical information as confidential information of the disabled individual. The County shall thereafter endeavor to provide written notice to the disabled individual, and/or their representative, of any request received by the County for disclosure of the medical information or documentation, which the disabled individual has previously requested be treated as confidential by the County. The County will cooperate with the disabled individual, to the extent allowed by law, in actions initiated by such individual to oppose the disclosure of such medical information or documentation, but the County shall have no obligation to initiate,prosecute or pursue any such action, or to incur any legal or other expenses (whether by retention of outside counsel or allocation of internal resources) in connection therewith, and may comply with any judicial order without prior notice to the disabled individual. 4. The County Administrator, or his/her designee, shall have the authority to consider and act on requests for reasonable accommodation, after notice and a hearing to receive any additional information from the applicant. When a reasonable accommodation request form has been completed and submitted to the PD&S Director, it will be referred to the County Administrator, or designee, for review and consideration. The County Administrator, or designee, shall issue a written determination within toffy-five sixty(60)(15)days of the date of receipt of a completed application and may, in accordance with federal law, (1) grant the accommodation request, (2) grant a portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request, or(3)deny the request, in accordance with federal law. Any such denial shall be in writing and shall state the specific objective and evidence-based grounds therefore and identify any deficiencies or actions necessary for reconsideration. All written determinations shall give notice of the right to appeal.The notice of determination shall be sent to the requesting party(i.e.,the disabled individual or entity or his/her/its representative) by certified mail, return receipt requested. Unless the County and 2 Stwegh words are deleted;underlined words are added. the applicant agree otherwise, if a final written determination is not issued by the County within 60 days after receipt of a completed application, the request shall be deemed granted. In addition, any reasonable accommodation a granted may be revoked for cause, including~ but not limited to, a violation of any of the conditions for approval or, in the case of any licensed or certified operator, the lapse, revocation or failure to maintain licensure or certification, if not reinstated within 180 days. If it is reasonably necessary to reach a designee, may, prior to the end of said forty five (45) day period, request additional cequired. 5. In determining whether the reasonable accommodation request shall be granted or denied,the requesting party shall be required to establish that they are protected under the FHA and/or ADA by demonstrating that they are handicapped or disabled, as defined in the FHA and/or ADA. Although the definition of disability is subject to judicial interpretation, for purposes of this section,the disabled individual must show: (i)a physical or mental impairment which substantially limits one (1) or more major life activities; (ii) a record of having such impairment; or (iii) that they are regarded as having such impairment. Next, the requesting party will have to demonstrate that the proposed accommodations being sought are reasonable and necessary to afford handicapped/disabled persons equal opportunity to use and enjoy housing. The foregoing (as interpreted by the Courts) shall be the basis for a decision upon a reasonable accommodation request made by the County Administrator,or designee,„ Board ef-Get„,-,. Co,, m ssioners i,, to o nt efan a eai 6. Within thirty (30) days after the County Administrator's, or designee's, determination on a reasonable accommodation request is mailed to the requesting party, such applicant may appeal the decision to the Circuit Court. Such appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the County Administrator or designee.An appeal shall be filed within thirty(30)days of the execution of the determination 7. There shall be no fee imposed by the County in connection with a request for reasonable accommodation under this section and the County shall have no obligation to pay a requesting party's (or an appealing party's, as applicable) attorneys' fees or costs in connection with the request, or an appeal. 8. While an application for reasonable accommodation,or appeal of a determination of same, is pending before the County, the County will not enforce the subject zoning ordinance, rules, policies, and procedures against the applicant. However, should the applicant proceed with 3 Str-uek-thr-Gugh words are deleted;underlined words are added. any property purchase, building, construction, or other work associated with establishing a project or residence housing individuals covered by the Americans with Disabilities Act or the Fair Housing Act while an application or appeal for reasonable accommodation is pending, the applicant understands that any of these actions are done at the applicant's own risk because the application or appeal may be denied. 9. The following general provisions shall be applicable: (a) The County shall display a notice on the County's webpage (and shall maintain copies available for review in P&Z, the Building/Permitting Division, and the City Clerk's Office) advising the public disabled individuals (and qualifying entities) may request reasonable accommodation as provided herein. (b) A disabled individual or qualifying entity may apply for a reasonable accommodation on his/her/its own behalf or may be represented at all stages of the reasonable accommodation process by a person designated by the disabled individual or entity. (c) The County shall provide such assistance and accommodation as is required pursuant to FHA and ADA in connection with a disabled person's or entity's request for reasonable accommodation, including without limitation, assistance with reading application questions,responding to questions,completing the form, filing an appeal, and appearing at a hearing, etc.,to ensure the process is accessible. 10. Reasonable Accommodation Request Form: 1. Name of Applicant(or authorized representative): Telephone Number: 2. Address: 3. Address and parcel identification number of housing or other location at which accommodation is requested: 4. Describe qualifying disability or handicap: 5. Describe the accommodation being requested and the specific regulation(s) and/or procedure(s) from which accommodation is sought: 4 Struelgh words are deleted;underlined words are added. 6. Reasons the reasonable accommodation may be necessary for the individual with disabilities to use and enjoy the housing or other service: 7. Name, address and telephone number of representative, if applicable: 8. Other information, which may include details of any proposed site improvements, parking needs, transportation protocols, utility facilities, etc., as necessary: 9. Signature of disabled individual or representative, if applicable, or qualifying entity: PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County,County ordinances and County resolutions,or parts thereof,in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. 5 Struck through words are deleted;underlined words are added. This ordinance shall take effect thirty (30) days after the Amendment has been received and published by the Florida Building Commission. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Commissioner Jamie Fowler, Chair AYE Commissioner Larry Leet, Vice-Chair AYE Commissioner James Clasby AYE Commissioner Erin Lowry AYE Commissioner Cathy Townsend AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St.Lucie Land Development Code, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided,however,that parts B through H shall not be codified. PASSED AND DULY ADOPTED this 2nd day of December, 2025. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY,FLORIDA -1/ .. x. • taaCttrIA DEPUTY CLERK {GOMM/ % CHAIR O v j0 APPROVED AS TO FORM AND ��z �� cA CORRECTNESS: 0.4 • o� �-` BY: c�FcouNrr.f�o COUNTY ATTORNEY 6 StRiek-t-h-Foug44 words are deleted;underlined words are added. FLORIDA DEPARTMENT 0 'STATE RON DESANTIS Governor December 15, 2025 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 Dear Michelle Miller, CORD BYRD Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 25-024, which was filed in this office on December 12, 2025. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270