HomeMy WebLinkAboutDocumentation_Regular_Tab 24_11/13/2025 Agenda Item #24.
Regular Council
STAFF MEMO
A-1
Meeting: Regular Council - Nov 13 2025
Staff Contact: Keith Davis, Village Attorney Department: Legal
ORDINANCE NO. 12-25, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 22. COMMUNITY DEVELOPMENT
TO CREATE AN ENTIRELY NEW ARTICLE TO BE ENTITLED "ARTICLE III. — REASONABLE
ACCOMMODATIONS" TO CODIFY THE VILLAGE'S EXISTING PROCESS FOR PROCESSING
REASONABLE ACCOMMODATION REQUESTS IN HOUSING, INCLUDING SUCH REQUESTS
FROM CERTIFIED RECOVERY RESIDENCES AS REQUIRED BY FLORIDA STATUTE SECTION
397.487; REPEALING PRIOR RESOLUTION NO. 5-18; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUBSECTION OF CHAPTER 22. COMMUNITY DEVELOPMENT. SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE; A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
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The Village previously adopted a reasonable accommodation process via resolution or ADA and FHA
compliance. Recent change to state law requires all municipalities to adopt an ordinance that
provides such a process specifically for "recovery residences." The proposed ordinance takes the
adopted resolution policy and codifies it by ordinance into the Village's code and specifically provides
for its use for "recovery residences." as required by statute.
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Page 409 of 603
Agenda Item #24.
Adopt on first reading in November and Second Reading in December. State law mandates that this
process be concluded before January 1, 2026.
XTTACHMENTS:
Ordinance 12-25 Reasonable Accommodations FINAL
BUSINESS IMPACT ESTIMATE Ordinance 12-25 Reasonable Accommodations
Page 410 of 603
Agenda Item #24.
ORDINANCE NO. 12-25
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 22. COMMUNITY
DEVELOPMENT TO CREATE AN ENTIRELY NEW ARTICLE TO BE
ENTITLED "ARTICLE III. — REASONABLE ACCOMMODATIONS" TO
CODIFY THE VILLAGE'S EXISTING PROCESS FOR PROCESSING
REASONABLE ACCOMMODATION REQUESTS IN HOUSING,
INCLUDING SUCH REQUESTS FROM CERTIFIED RECOVERY
RESIDENCES AS REQUIRED BY FLORIDA STATUTE SECTION
397.487; REPEALING PRIOR RESOLUTION NO. 5-18; PROVIDING
THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 22. COMMUNITY DEVELOPMENT. SHALL REMAIN IN
FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING
A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the Florida Legislature adopted SB 954 during the 2025 legislative session
which requires all municipalities to adopt an ordinance establishing procedures for the review
and approval of certified recovery residences by January 1 st, 2026; and
WHEREAS, the Village of Tequesta previously adopted a reasonable accommodation
policy via Resolution No. 5-18 and now desires to codify this process into its code of ordinances
as required by state law and repeal the prior resolution; and
WHEREAS, the Village of Tequesta desires to comply with the aforesaid statutory
mandate by adopting appropriate rules and regulations for the review and approval of certified
recovery residences which are in the best interests of the public health, safety, morals,
convenience, order, prosperity, and general welfare; and
WHEREAS, the Village Council of the Village of Tequesta finds the adoption of this
ordinance to establish procedures for the review and approval of certified recovery residences as
mandated by the state legislature to be in the best interests of the Village and finds that this
ordinance will generally promote the public health, safety and welfare of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 22 - Community Development of the Code of Ordinances of the
Village of Tequesta is hereby amended to create an entirely new Article III. — Reasonable
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Page 411 of 603
Agenda Item #24.
Accommodations. Additions are denoted by underline with deletions denoted by strikethrough.
Article III. —Reasonable Accommodations shall hereafter be created to read as follows:
ARTICLE III.—REASONABLE ACCOMMODATIONS.
Sec. 22-110. Purpose and intent.
The purpose of this article is to establish procedures for processing requests for
Reasonable Accommodation in housing, including those for Certified Recovery Residences,
from the Village's Land Development Regulations, all other ordinances, and related rules,
policies, practices and procedures, for persons that qualify as disabled and/or handicapped under
Title VIII of the Civil Rights Act of 1968 (FHA), the Fair Housing Amendments Act of 1988
(FHAA), the Florida Fair Housing Act(§§ 760.20-760.37), Florida Statutes. and Title II of the
Americans with Disabilities Act (42 U.S.C. Section L. 12131, et. sea.) (ADA), as these laws may
be amended from time to time. Anv person who is disabled and/or handicapped, or aualifvin
entities, may request a reasonable accommodation, pursuant to the procedures set out below.
Sec. 22-111. Definitions.
For the purposes of this article, the following terms, phrases, words, and their derivations
shall have the meaning given herein:
"Certified Recovery Residence" means a recovery residence that holds a valid certificate
of compliance and is actively managed by a certified recovery residence administrator as defined
under section 397.311 Florida Statutes as that state law may be amended from time to time.
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Sec. 22-112. Certified recoveM residence; operation license required.
In order to operate, a Certified Recovery Residence must first obtain and maintain a
business tax receipt for operation within the Village pursuant to Chapter 70. The requisite
application forms may be obtained by contacting the Village Clerk's Office. A Certified
Recovery Residence must also be in compliance with all Village regulations. In the event a
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Certified Recovery Residence is unable to operate due to restrictions within this Code of
Ordinances a reasonable accommodation may be requested as outlined in section 22-113.
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Agenda Item #24.
Sec. 22-113. Reasonable accommodation procedures.
A request for reasonable accommodation by persons with disabilities or a gualif�in
entity, hereinafter the ("Applicant"), may be submitted to the Village. All requests for reasonable
accommodation shall be submitted to the Village Clerk's Office. Upon receipt of an application
for reasonable accommodation the Village Clerk shall date stamp the application with the date
received. The reasonable accommodation request shall at a minimum provide the information
outlined in subsection (a).
(a) Contents of request. An Applicant making a request for reasonable accommodation shall
provide the following information to the Village:
(1) The leizal name(s) of all persons for whom a reasonable accommodation is souiht. and if
a aualifviniz entity the leizal name(s) of all persons for whom it has been authorized to
submit an application:
(2)Name and address of the Applicant.
(3) Address and parcel control number of the location at which the reasonable
accommodation is requested, if different from the address of the Applicant.
(4) The ty De of reasonable accommodation being requested, and an explanation of why it is
necessary in order for persons with disabilities to live at the location.
(5) A description of the Villaize ordinance, rule, policy, practice or procedure,from which the
Applicant seeks a reasonable accommodation.
(6) If the disability is not known or readily apparent to the Villaize, information and/or
documentation that(1) certifies the person's disability status under the FHA and/or ADA;
(2) describes the needed accommodation; and (3) shows the relationship between the
person's disability and the need for the requested accommodation. The Village is not
seeking information relating to the nature and severity of the Derson's specific disability.
(7) If the disability is known or readily apparent, but the need for the reasonable
accommodation is not known or readily apparent to the Villaize, an explanation of the
relationship between the Derson's disability and the need for the requested reasonable
accommodation.
(8) In the case of Certified Recovery Residences, a copy of a Certified Recovery Residences
Certificate of Compliance issued by a credentialing entity pursuant to Sec. 397.311,
Florida Statutes as that law may be amended from time to time.
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Page 413 of 603
Agenda Item #24.
(b) Applicant's Representative(s): An Applicant may be represented at all stages of the
reasonable accommodation process by a person designated by the Applicant as their
authorized anent e.a. family member,, attorney, or other representative. If an authorized agent,
attorney, or other representative is rebresentin a Berson, or, if applicable, a aualifyin entity
a written authorization desimatina such authorized agent, attorney or representative shall be
submitted to the Village. or an in-Derson meeting between the Village and the applicant shall
occur to confirm the Applicant's authorized agent, attorney or representative. The Village is
unable to accept authorizations outside of those made in writing or jgTerson as such forms
of communication (e.ii. phone calll do not provide the Villaize sufficient means to verify the
identity of the Applicant. Authorization forms shall be made available by request via the
Village Clerk's Office.
(c) Village Assistance: The Village shall provide assistance as required by the FHA. the ADA,
or other applicable law in connection with a person with disability's request for a reasonable
accommodation to ensure the process is accessible.
(d) No Fee. No fee shall be imposed by the Villaize in connection with a reauest for reasonable
accommodation under this Dolicv or for an aDDeal of a decision by the Village designee to
the Special Magistrate. The Village shall have no liability for or legal obliization to pay an
Applicant's attorney's fees or costs in connection with the request for reasonable
accommodation, or any appeal at any appellate level.
(e) Interactive Process: When a request for a reasonable accommodation is made, the Village
may engage in an interactive process with the Applicant to devise alternative
accommodations that provide the Applicant an opportunity to use and enjoy a dwelling. The
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commencement of an interactive Drocess does not toll the deadlines for issuance of a notice
of determination b he Village desi nee, or for an appeal heariniz before the Special
Mauistrate as outlined below, unless the Applicant agrees in writing to extend the deadlines.
(f) Confidential Information. Upon submittal of any medical information or records, including
but not limited to condition, diaunosis, or history related to persons with disabilities, an
Applicant may request that the Village, to the extent allowed by law, treat the information or
records as confidential. In such case, the Village shall endeavor to keep the Applicant's
medical information confidential to the extent permitted by federal and state laws, including
but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
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Agenda Item #24.
and Chanter 119, Florida Statutes (the Florida Public Records "awl. The Village shall have
no obligation to defend against any action seeking to compel the production of public
records, or to incur any legal or other expenses in connection therewith, and shall produce the
records to the extent the Village determines the records are not exempt from the Public
Records Act, or to comply with any judicial or administrative order without prior notice to
the Applicant. The Villaue, however, shall endeavor to provide notice to the persons with
disabilities, or their representative, of any request received by the Village for disclosure of
the medical information or documentation which the applicant has previously requested be
treated as confidential by the Village.
(g) Review by Village Designee. All aDDlications for reasonable accommodations shall be
submitted to the Village Clerk's Office. As soon as practicable after receipt, the Villaize
Clerk shall forward all requests to the Village designee for review. The Villaize designee
shall issue a written notice of determination to the ADDlicant within sixty (60) days from the
date the application is received by the Village Clerk's Office. If needed to reach a
determination on the request for reasonable accommodation, the Village designee, may,
within the first (30) days of receipt of the application, issue a written request for additional
information to the Applicant, snecifviniz in sufficient detail what information is required.
The ADDlicant shall then have thirty (30) days after the date of the written request for
additional information to provide said information. In the event a written request for
additional information is made, the sixty (60) day period to issue a written notice of
determination shall no Ionizer be applicable, and the Villaue designee shall issue a written
notice of determination within sixty (60) days after receipt of the additional information. If
the Applicant fails to provide the requested additional information and/or fails to request an
extension of time to Drovide said information within thirty (3 0) days after the date of the
request for additional information, then the request for reasonable accommodation shall be
deemed withdrawn and no further action by the Village shall be required. If a final written
determination is not issued within 60 days after receipt of a completed application, the
request is deemed approved unless the Darties agree in writing to a reasonable extension of
time. The aDDlicant may renew their request for reasonable accommodation at any time. The
aDDlicant may request additional time to respond either in writinEi or verbally to the Village
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Page 415 of 603
Agenda Item #24.
Clerk's Office. The Village shall not unreasonably withhold consent to an applicant's
request for additional time to respond.
(h) Findings for Reasonable Accommodation. In determining whether the reasonable
accommodation request shall be granted or denied, the Applicant shall be required to
establish that:
(1) They are protected under the FHA or ADA, as defined in the FHA or ADA. Although the
definition of disability and/or handicap is subject to judicial interpretation, for purposes
of this policy, a person with a disability is defined as having:
a. a physical or mental impairment which substantially limits one or more
major life activities:
b. a record of having such impairment: or
c. that they are regarded as having such impairment.
(2) The proposed reasonable accommodation beiniz sought is reasonable and necessary to
afford the person with the disability equal opportunity to use and enjoy housiniz. An
accommodation is not reasonable if it imposes undue financial and administrative
burdens on the Village: or requires a fundamental alteration to the Village's zoning
scheme.
The foregoing, as interpreted by the Courts, shall be the basis for a decision upon a
reasonable accommodation reauest made by the Village designee.
(i) Notice of Determination. The Village designee, shall issue a written notice of determination
to the Applicant in accordance with Section (h) above, which shall:
(1) Grant the accommodation request in full with no conditions: or
(2),Impose conditions upon the portion of the request that was granted: or
(3) Deny the request, statinu with specificity the objective, evidence-based reasons for
denial and identifvinii 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 Applicant O.e. the person with a disability or his/her authorized agent,
attorney or representative) by certified mail, return receipt requested. The notice of determination
shall be sent to the Applicant at the address listed by the Applicant on the application form, or as
otherwise provided to the Village in writing.
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Agenda Item #24.
AiDiDeal.
(1) Appeal from notice of determination by Village Designee: Within forty-five (45) days
after the Villaize designee has rendered a decision on a reasonable accommodation. the
Applicant may appeal the decision. This timeframe shall be based upon the date that the
letter is mailed to the requesting party. All appeals shall contain a statement containing
sufficient detail of the rounds for the appeal. Appeals shall be made to the Villa e
Clerk's Office. The appeal shall be heard by the Special Magistrate for Code
Enforcement matters as set forth in the Village Code. The Special Magistrate shall
conduct a quasi-judicial public heariniz on the appeal as soon as reasonably practicable
but in no event later than sixty (60) days after an appeal has been filed unless the
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applicant agrees in writing to an extension of the hearing date. The Special Maiiistrate
shall not be required to render a decision on the request at the public hearing, but shall
render a determination no later than thirty (3 0) days after the conclusion of the public
heariniz. Such public heariniz shall be de novo.
Once a public hearinsi date has been coordinated with the Applicant and set, the Village
shall at least ten (10) days prior to the hearing, post a notice of hearing on the Village's
public notice bulletin board and on its website, and shall maintain copies available for
review in the Village Clerk's office. The notice shall contain a brief description of the
request for reasonable accommodation, the property to which the request is applicable,
and the time and place of the Special Maizistrate heariniz on the request. The notice shall
not contain any information relatiniz to the Applicant's specific disability or other medical
information.
The Special Maiiistrate's decision on ft�appeal shall be in writing and be based on the
criteria listed in Section U above. The Special Majaistrate's decision may (1) Grant the
reasonable accommodation request in full, with no conditions; (2) Impose conditions
upon the portion of the request that was granted; or (3) Deny the request, stating with
specificity the objective, evidence-based reasons for denial and identifying any
deficiencies or actions necessary for reconsideration. Any denial shall state the grounds
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for the denial. The Special Magistrate's decision shall give notice of the right to appeal.
The written decision of the Special Magistrate shall be sent to the Applicant by certified
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Agenda Item #24.
mail return receipt reauested. The written decision shall be sent to the Applicant at the
address listed by the applicant on the application form, or as otherwise provided to the
Villa e in writing.
(2) Appeal from Special Magistrate's Decision: A Special Magistrate's decision may be
appealed by the Village or the Applicant within thirty (30) days after the date on which
the written decision is rendered. Such appeal shall be made to the 15th Judicial Circuit
Court in and for Palm Beach County, Florida, in accordance with the rules of procedure
governing appeals of quasi-Judicial decisions.
(k) Stay of Enforcement. While an application for reasonable accommodation, or appeal of a
determination of same, is pending before the Village, the Village will not enforce the
subject land development regulation, other ordinance, or related rules, policies, practices
or procedures, against the applicant, except that the Village may seek relief through its
code enforcement process or an injunctive action if there is an imminent threat to the
health, safety and welfare of the public.
Sec. 22-114. Revocation of Reasonable Accommodation.
A reasonable accommodation to operate within the Village of Teauesta may immediately be
revoked via written notice in the event of any of the following:
(a) Violation of a condition of approval of a reasonable accommodation approval.
(b) Lapse, revocation, or failure to obtain and maintain any certification or licensure required
under this ordinance if not reinstated within 180 days of expiration.
In either instance the Village designee shall issue written notice of the revocation to the applicant
via certified mail return receipt requested at the address listed by the Applicant on the application
form, or as otherwise provided to the Village in writing. Applicant shall have the right to appeal
the revocation decision of the Village Designee to the Village's Special Magistrate following the
same appeal procedure outlined in section 22-113(j).
Section 2: Prior Village of Tequesta Resolution No. 5-18 is hereby repealed in its
entirety upon the effective date of this ordinance.
Section 3: Each and every other section and subsection of Chapter 22. Community
Development. shall remain in full force and effect as previously adopted.
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Agenda Item #24.
Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby
repealed.
Section 4: Should any section or provision of this Ordinance or any portion thereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon adoption.
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Agenda Item #24.
BUSINESS IMPACT ESTIMATE
As required by Sec. 166.041(4), Florida Statutes (2024), this "Business Impact
Estimate" is provided for Ordinance No. 12-25:
ORDINANCE NO. 12-25
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,
FLORIDA, AMENDING CHAPTER 22. COMMUNITY DEVELOPMENT TO CREATE
AN ENTIRELY NEW ARTICLE TO BE ENTITLED "ARTICLE III. — REASONABLE
ACCOMMODATIONS" TO CODIFY THE VILLAGE'S EXISTING PROCESS FOR
PROCESSING REASONABLE ACCOMMODATION REQUESTS IN HOUSING,
INCLUDING SUCH REQUESTS FROM CERTIFIED RECOVERY RESIDENCES AS
REQUIRED BY FLORIDA STATUTE SECTION 397.487; REPEALING PRIOR
RESOLUTION NO. 5-18; PROVIDING THAT EACH AND EVERY OTHER SECTION
AND SUBSECTION OF CHAPTER 22. COMMUNITY DEVELOPMENT. SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING
A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
This ordinance is exempt from the requirements of a business impact statement
pursuant to Florida Statute 166.041(4)(c)1.
Page 420 of 603