STORAGE NAME: h1163b.IAS
DATE: 4/9/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/CS/HB 1163
TITLE: Recovery Residences
SPONSOR(S): Owen
COMPANION BILL: CS/SB 954 (Gruters)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Human Services
12 Y, 5 N, As CS
Intergovernmental Affairs
11 Y, 4 N, As CS
Health & Human Services
SUMMARY
Effect of the Bill:
For operators whose recovery residences are voluntarily certified before July 1, 2025, the bill:
Limits the ability of local governments to bar those certified recovery residences from operating in
multifamily structures;
Requires local governments to treat those recovery residences as a non-transient residential use of land
under local zoning ordinances; and
Prohibits local governments from regulating the duration or frequency of use of those certified recovery
residences in a multifamily structure.
For certain Level IV certified recovery residences, the bill also eliminates staffing requirements when patients are
not present, and increases the number of residents that a recovery residence administrator can oversee from 150
to 500 if the operator maintains a minimum 1:6 personnel-to-resident ratio when residents are present.
Fiscal or Economic Impact:
The bill does not have a fiscal impact on state or local government.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Recovery residences (also known as “sober homes” or “sober living homes”) are non-medical residential settings
designed to support recovery from substance use disorders, helping individuals transition from highly structured
residential treatment programs back into their day-to-day lives and maintain their recovery. Florida has a
voluntary certification program for recovery residences which classifies such residences into four levels of care,
with Level IV being the most intense level.
1
Zoning and Recovery Residences
Local governments’ decisions on planning and zoning that affect recovery residences’ siting has been the subject of
controversy and ligation, both nationally and in Florida, over the last 30 years as recovery residences have become
a more significant part of individuals’ recovery. Currently, state law does not specifically address the siting of
certified recovery residences. The bill limits the ability of local governments to bar certain certified recovery
residences from being located in multifamily structures. Specifically, the bill requires, for recovery residences
(residences) operated by providers that are voluntarily certified before July 1, 2025, that a municipality or county:
Must consider those residences to be non-transient residential uses of land for local zoning purposes;
1
S. 397.311, F.S., and ss. 397.487 – 397.4873, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
May not enact a law, ordinance, or regulation prohibiting certified residences or regulating the duration or
frequency of use for such residences in multifamily structures;
Must allow certified recovery residences in all districts zoned for multifamily residential use; and
Must allow a structure originally constructed and permitted for multifamily purposes to be used as a
certified recovery residence with up to two residents per bedroom, without obtaining a zoning or a land
use change, a special exception, a conditional use approval, a variance, or a comprehensive plan
amendment. (Section 1)
The bill specifies that the recovery residence must either not occupy or fully occupy a community or structure that
is governed by a condominium association under ch. 718, F.S. (Section 1)
The bill includes exceptions to these requirements, permitting a municipality or a county to deny the establishment
of a Level IV certified recovery residence if:
The proposed use is adjacent to (meaning those properties sharing more than one point of a property line,
but not including properties separated by a public road), or on two or more sides of, a parcel zoned for
single-family residential use; and
Is within a single-family residential development with at least twenty-five contiguous single-family homes.
(Section 1)
Currently, until July 1, 2026, a local government may not enact an ordinance or regulation that further regulates
the duration or frequency of a resident’s stay in a certified recovery residence located within a multifamily zoning
district.
2
Staffing Requirements for Certified Recovery Residences
Current law specifies a minimum ratio of personnel-to-residents in certified recovery residences and maximum
numbers of residents that a certified recovery residence administrator may supervise. Certain Level IV certified
recovery residences may allow their certified recovery residence administrators to supervise a higher number of
residents—up to 150.
3
The bill also revises the staffing requirements for a Level IV certified recovery residence that operates as
community housing, is actively managed by a certified recovery residence administrator, is approved for 100
residents, and is wholly owned or controlled by a licensed service provider. For residences meeting these
requirements that actively manage up to 150 residents, the bill eliminates onsite supervision requirements when
residents are not present. The bill further allows residences meeting these requirements to actively manage up to
500 residents provided that the administrator maintains a 1:6 personnel-to-resident ratio when residents are
present. (Section 2)
The effective date of the bill is July 1, 2025. (Section 3)
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill may expand opportunities for operators of recovery residences certified before the effective date of the act
to open recovery residences where local government regulations have previously prohibited operation,
particularly in multifamily structures. The bill may also benefit certain Level IV recovery residences, which will be
subject to lower staffing requirements.
2
S. 397.487(14), F.S.
3
S. 497.4871(8), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Recovery Residences
Recovery residences (also known as “sober homes” or “sober living homes”) are non-medical residential settings
designed to support recovery from substance use disorders, helping individuals transition from highly structured
residential treatment programs back into their day-to-day lives.
4 These may be cooperatively organized and run by
residents or operated by for-profit or non-profit organizations.
Homes for individuals recovering from substance use disorder have existed in the U.S. since the mid-1800’s, when
the focus was on those chronically abusing alcohol; these homes were typically run by religious groups involved in
the temperance movement or by privately-run “cure institutes”. The modern version of these homes began in the
mid-1960’s, when homes promoting adherence to 12-step programs like Alcoholics Anonymous—which do not
offer clinical or therapeutic services—began operating.
5
According to the federal Substance Abuse and Mental Health Services Administration, “recovery housing can be a
critical asset in supporting an individual on their journey of recovery. Research has demonstrated that recovery
housing is associated with a variety of positive outcomes for residents including decreased substance use, reduced
likelihood of return to use, lower rates of incarceration, higher income, increased employment, and improved
family relationships.”
6
In Florida, a “recovery residence” means “a residential dwelling unit, the community housing component of a
licensed day or night treatment facility with community housing, or other form of group housing, which is offered
or advertised through any means, including oral, written, electronic, or printed means, by any person or entity as a
residence that provides a peer-supported, alcohol-free, and drug-free living environment.”
7 Day or night treatment
is one of the state’s licensable service components of clinical treatment services. This service is provided in a
nonresidential environment with a structured schedule of treatment and rehabilitative services.
8 Some day or
night treatment programs have a community housing component; day and night treatment programs with a
community housing component are intended for individuals who can benefit from living independently in peer
community housing while participating in treatment services at a day or night treatment facility for a minimum of
5 hours a day for a minimum of 25 hours per week.
9
Recovery residences can be located in single-family homes and multifamily dwellings. There is no definition for
“multifamily” in Florida law; however, the term generally refers to “a housing classification where multiple
separate housing units for residential inhabitants are contained within one building or several buildings within one
complex.”
10 Examples are condominiums and apartment complexes. To live at a recovery residence, occupants may
be required to pay a monthly fee or rent, which supports the cost of maintaining the home. The length of time a
person lives at a recovery residence varies,
11 and there are no guidelines regarding lengths of stay.
12 Until July 1,
4
Douglas L. Polcin, Ed.D., MFT, and Diane Henderson, B.A., A Clean and Sober Place to Live: Philosophy, Structure, and Purported
Therapeutic Factors in Sober Living Houses, 40(2) J Psychoactive Drugs 153–159 (June 2008).
5
To License a LULU: Scaling Preemption-Driven Responses to the Regulation of Recovery Homes, 135 Harv. L. Rev. 733, 736
(2021) https://harvardlawreview.org/print/vol-135/a-license-a-lulu-scaling-preemption-driven-responses-to-the-
regulation-of-recovery-homes/ (last visited March 30, 2025).
6
Substance Abuse and Mental Health Services Administration, Best Practices for Recovery Housing, 2023,
https://library.samhsa.gov/sites/default/files/pep23-10-00-002.pdf (last visited March 29, 2025).
7
S. 397.311(39), F.S.
8
S. 397.311(27)(a)2., F.S.
9
S. 397.311(27)(a)3., F.S.
10
Real Estate Industry: A Resource Guide, Multifamily Real Estate, Library of Congress Research Guides,
https://guides.loc.gov/real-estate-industry-sources/residential/multifamily (last visited March 29, 2025).
11
American Addiction Center, Length of Stay at a Sober Living Home, October 2022, available at
https://americanaddictioncenters.org/sober-living/length-of-stay, (last visited March 30, 2025).
12
Meenakshi S. Subbaraman, Six-month length of stay associated with better recovery outcomes among residents of sober living
houses, 49 American Journal of Drug and Alcohol Abuse (Oct. 2023)
https://www.tandfonline.com/doi/full/10.1080/00952990.2023.2245123#abstract (last visited March 29, 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
2026, a local government may not enact an ordinance or regulation that further regulates the duration or
frequency of a resident’s stay in a certified recovery residence located within a multifamily zoning district.
13
Regulation of Recovery Residences in Florida
The Florida Model of Substance Abuse Treatment and Legislative Response
Recovery residences started to proliferate in Florida as insurance coverage for behavioral health conditions
expanded after the enactment of the Affordable Care Act in 2008 and the Mental Health Parity and Addiction
Equity Act of 2012.
14 The opioid crisis created a demand for addiction recovery services, and the housing crash of
the late 2000’s made purchasing and renting homes generally more affordable. The “Florida model” emerged,
where after the first stages of detoxification and inpatient treatment, an individual enters intensive outpatient or
day treatment services while residing in a recovery residence.
15
While substance abuse treatment services require state licensure, at that time there was no legislatively-
authorized method of ensuring quality in recovery residences. While many individuals undergoing treatment in
Florida found long-term recovery, this situation led to relapse, human trafficking, and even death for others.
According to the 2017 report from the Palm Beach County Sober Homes Task Force, “young adults with a
substance use disorder are being marketed to Florida’s recovery residences, also known as sober homes, and
substance abuse treatment providers by the thousands, and many in this vulnerable class are being exploited and
abused. The lack of effective oversight of this industry, especially in the private sector, has allowed bad actors to
flourish, significantly contributing to the rising death toll.”
16 This was a particularly significant issue in Palm Beach
County and other jurisdictions in South Florida.
In 2013, the Department of Children and Families (DCF) conducted a study of recovery residences in Florida.
17 DCF
sought public comment relating to community concern for recovery residences. Three common concerns were the
safety of the residents, safety of the neighborhoods, and lack of governmental oversight.
18 Participants at public
meetings listed many concerns, such as:
Residents being evicted with little or no notice;
Drug testing might be a necessary part of compliance monitoring;
Unscrupulous landlords, including an alleged sexual offender who was running a woman’s program;
Residents dying in recovery residences;
Lack of regulation and harm to neighborhoods;
Whether state agencies have the resources to enforce regulations and adequately regulate these homes;
and
Land use problems, and nuisance issues caused by visitors at recovery residences, including issues with
trash, noise, fights, petty crimes, substandard maintenance, and parking.
13
S. 397.487(14), F.S.
14
Palm Beach County Sober Homes Task Force, Identification of Problems in the Substance Abuse Treatment and Recovery
Residence Industries with Recommended Changes to Existing Laws and Regulations, Jan. 1, 2017,
https://sa15.wpenginepowered.com/wp-content/uploads/Sober-Homes-Task-Force-Report-2017.pdf (last visited March 29,
2025).
15
Douglas Polcin, et al, Maximizing Social Model Principles in Residential Recovery Settings, Journal of Psychoactive Drugs, Nov
2014, https://pmc.ncbi.nlm.nih.gov/articles/PMC4220294/ (last visited March 29. 2025).
16
Palm Beach County Sober Homes Task Force, supra note 14, at 1.
17
Ch. 2013-040, L.O.F. The 2013-2014 General Appropriations Act directed DCF to determine whether to establish a
licensure/registration process for recovery residences and to provide the Governor and Legislature with a report on its
findings. In its report, DCF was required to identify the number of recovery residences operating in Florida, identify benefits
and concerns in connection with the operation of recovery residences, and the impact of recovery residences on effective
treatment of alcoholism and on recovery residence residents and surrounding neighborhoods. DCF was also required to
include the feasibility, cost, and consequences of licensing, regulating, registering, or certifying recovery residences and their
operators. DCF submitted its report to the Governor and Legislature on October 1, 2013.
18
Recovery Residence Report, Department of Children and Families, Office of Substance Abuse and Mental Health, October 1,
2013, available at https://www.myflfamilies.com/sites/default/files/2022-12/DCFProvisoRpt-SoberHomes.pdf (last visited
on March 29, 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
The 2015 Legislature responded by establishing a voluntary certification program for recovery residences and
recovery residence administrators, implemented by private credentialing entities.
19 This means that recovery
residences can continue to operate without being certified, but certification offers advantages to recovery
residence operators.
Certification of Recovery Residences and Recovery Residence Administrators
In Florida, a “certified recovery residence” is a recovery residence that holds a valid certificate of compliance and is
actively managed by a certified recovery residence administrator.
20 While certification is voluntary, a recovery
residence must be certified to accept or receive patient referrals from licensed treatment providers or existing
recovery residences.
21
Under the certification program, two DCF-approved credentialing entities administer certification programs and
issue certificates: the Florida Association of Recovery Residences (FARR) certifies the recovery residences and the
Florida Certification Board (FCB) certifies recovery residence administrators.
22
Certified Recovery Residences
As the credentialing entity for recovery residences in Florida, FARR administers certification, recertification, and
disciplinary processes as well as monitors and inspects recovery residences to ensure compliance with
certification requirements. FARR is also authorized to deny, revoke, or suspend a certification, or otherwise impose
sanctions, if recovery residences are not in compliance or fail to remedy any deficiencies identified. However, any
decision that results in an adverse determination is reviewable by DCF.
23
To be certified, a recovery residence must submit the following documents with an application fee to FARR:
24
A policy and procedures manual containing:
o Job descriptions for all staff positions;
o Drug-testing procedures and requirements;
o A prohibition against use on the premises of alcohol, marijuana (including marijuana that has
been certified by a qualified physician for medical use in accordance with s. 381.986, F.S.);
illegal drugs, and the use of prescribed medications by an individual other than the individual
for whom the medication is prescribed;
o Policies to support a resident’s recovery efforts; and
o A good neighbor policy to address neighborhood concerns and complaints;
Rules for residents;
Copies of all forms provided to residents;
Intake procedures;
Sexual predator and sexual offender registry compliance policy;
Relapse policy;
Fee schedule;
Refund policy;
Eviction procedures and policy;
Code of ethics;
Proof of insurance;
Proof of background screening; and
19
Ch. 2015-100, L.O.F.
20
S. 397.311(5), F.S.
21
S. 397.4873(1), F.S.
22
DCF, Recovery Residence Administrators and Recovery Residences, available at
https://www.myflfamilies.com/services/samh/recovery-residence-administrators-and-recovery-residences (last visited
March 29, 2025).
23
S. 397.487(8)(f), F.S.
24
S. 397.487(3)(a), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
Proof of satisfactory fire, safety, and health inspections.
If the owner, director, or chief financial officer of a certified recovery residence is arrested and awaiting disposition
for or found guilty of, or enters a plea of guilty or nolo contendere to, any offense prohibited under s. 435.04(2),
F.S., unless DCF has issued an exemption, the certified recovery residence must immediately remove the person
from the person’s position and notify the credentialing entity within three business days after that removal. If the
recovery residence fails to do so, the credentialing entity must revoke the recovery residence’s certificate of
compliance.
25
Current law requires DCF to publish a list of all certified recovery residences and recovery residence
administrators on its website.
26 There are currently more than 750 certified recovery residences statewide, with
244 of this total classified as level IV.
27
Certified Recovery Residence Administrators
The FCB administers certification, certification exams, recertification, code of ethics and disciplinary processes, and
continuing education requirements. It also establishes core competencies for certified recovery residence
administrators (CRRAs).
28 The FCB may also deny, suspend or revoke a recovery residence administrator’s
certification for noncompliance.
29
CRRAs are individuals responsible for the overall management of a recovery residence, as well as the supervision
of residents and staff.
30 Prior to obtaining certification, CRRA applicants must successfully undergo a level 2
background screening pursuant to ch. 435, F.S.
31 Additionally, the FCB currently requires CRRAs to:
32
Hold at least a high school diploma, GED, or equivalent;
Complete 100 total clock hours of content specific training, as follows:
o Recovery Residence Operations and Administration: 20 hours;
o Maintaining the Physical Residence: 20 hours;
o Resident Screening and Admission: 10 hours;
o Resident Recovery Support: 30 hours; and
o Legal, Professional and Ethical Responsibilities: 20 hours.
Complete 1,000 hours of work and/or volunteer related experience providing recovery residence
administrator, manager or closely-aligned residential management services within a recovery residence
setting;
Undergo 10 hours of on-the-job supervision of the applicant’s performance of related recovery residence
administrator, manager, or residential management services within a recovery residence setting;
Obtain three professional letters of recommendation;
Pass an exam administered by the FCB;
Complete 10 hours of continuing education annually; and
Apply for certification renewal annually.
Current law requires a recovery residence to immediately remove a CRRA and notify the credentialing entity
within three business days after the removal, if the CRRA is arrested for, found guilty of, or enters a plea of guilty or
25
S. 397.487(8)(d), F.S.
26
S. 397.4872, F.S. Also see DCF, Recovery Residence Administrators and Recovery Residences, available at
https://www.myflfamilies.com/services/samh/recovery-residence-administrators-and-recovery-residences, (last visited
March 29, 2025).
27
Department of Children and Families, Bill Analysis for House Bill 1163, Feb. 24, 2025, p. 4.
28
S. 397.4871, F.S.
29
Id.
30
Florida Certification Board (FCB), Certified Recovery Residence Administrator (CRRA), available at
https://flcertificationboard.org/certifications/certified-recovery-residence-administrator/ (last visited March 29, 2025).
31
S. 397.4871(5), F.S.
32
FCB, Certification Guidelines: Credential Standards and Requirements Table: Certified Recovery Residence Administrator
(CRRA), p. 4-5, available at https://flcertificationboard.org/wp-content/uploads/CRRA-Standards-and-Requirements-Tables-
January-2020.pdf (last visited March 29, 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
nolo contendere to, regardless of adjudication, any offense prohibited under s. 435.04(2), F.S., while acting in
capacity. The recovery residence has 90 days to retain another CRRA or be subject to revocation of its
certification.
33
Staffing Requirements for Certified Recovery Residences
A CRRA may actively manage up to 50 residents at any given time, though may manage up to 100 residents if
written justification is provided to, and approved by, the credentialing entity as to how the administrator is able to
effectively and appropriately respond to the needs of the residents, maintain residence standards, and meet the
residence certification requirements.
34 CRRAs at certain Level IV certified recovery residences (those operating as
community housing as defined in s. 397.311(9), F.S., which residence is actively managed by a certified recovery
residence administrator approved for 100 residents under this section and is wholly owned or controlled by a
licensed service provider) are allowed to actively manage up to 150 residents provided certain conditions are met:
The licensed service provider maintains a service provider personnel-to-patient ratio of 1 to 8;
Maintains onsite supervision at the residence 24 hours a day, 7 days a week; and
Has a personnel-to-resident ratio of 1 to 10.
35
Recovery Residence Levels of Support
Section 397.311(5), F.S., establishes a four level-classification of certified recovery residences, with Level IV being
the most intense level of support. The levels include:
Level I—houses individuals in recovery who have completed treatment, with a minimum of 9 months of
sobriety. A Level I certified recovery residence is democratically run by the members who reside in the
home.
Level II—encompasses the traditional perspectives of sober living homes. There is oversight from a house
manager who has experience with living in recovery. Residents are expected to follow rules outlined in a
resident handbook provided by the certified recovery residence administrator. Residents must pay dues, if
applicable, and work toward achieving realistic and defined milestones within a chosen recovery path.
Level III—offers higher supervision by staff with formal training to ensure resident accountability. Such
residences are staffed 24 hours a day, 7 days a week, and offer residents peer-support services, which may
include, but are not limited to, life skill mentoring, recovery planning, and meal preparation. Clinical
services may not be performed at the residence. Such residences are most appropriate for persons who
require a more structured environment during early recovery from addiction.
Level IV—is a residence offered, referred to, or provided by, a licensed service provider to its patients who
are required to reside at the residence while receiving intensive outpatient and higher levels of outpatient
care. Such residences are staffed 24 hours a day and combine outpatient licensable services with recovery
residential living. Residents are required to follow a treatment plan and attend group and individual
sessions, in addition to developing a recovery plan within the social model of living in a sober lifestyle. No
clinical services are provided at the residence and all licensable services are provided offsite.
Local Government Land Use Regulation
Comprehensive Plans
Each county and municipality must plan for future development and growth by adopting, implementing, and
amending as necessary a comprehensive plan.
36 Comprehensive plans are implemented through land development
regulations and elements.
37 Each comprehensive plan contains elements that address future land use, housing,
33
S. 397.4871(6)(b), F.S.
34
Id.
35
S.397.4871(8)(b) and (c), F.S.
36
Ss. 163.3167(2), 163.3177(2), F.S.
37
S. 163.3167(1)(c), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
8
transportation, infrastructure, coastal management, conservation, recreation and open space, intergovernmental
coordination, and capital improvements.
All elements of a plan or plan amendment must be based on relevant, appropriate data
38 and an analysis by the
local government.
39 The data supporting a plan or amendment must be taken from professionally accepted
sources.
40 The plan must be based on permanent and seasonal population estimates and projections published by
the Office of Economic and Demographic Research or generated by the local government based upon a
professionally acceptable methodology.
41 The analysis by the local government may include, but is not limited to,
surveys, studies, community goals and vision, and other data available at the time of adoption of the
comprehensive plan or plan amendment.
42
Land Development Regulations
Comprehensive plans are implemented via land development regulations. Each county and municipality must
adopt and enforce land development regulations, such as zoning or other housing-related ordinances, that are
consistent with and implement their adopted comprehensive plan.
43 Additionally, all public and private
development, including special district projects, must be consistent with the local comprehensive plan.
44
Zoning
Zoning maps and zoning districts are adopted by a local government for developments within each land use
category or sub-category. While land uses are general in nature, one or more zoning districts may apply within
each land use designation.
45 Examples of major types of zoning often used in local jurisdictions include:
46
Residential—an area of single-family or multifamily dwellings where businesses may or may not also be
located. The zone could be subdivided into areas specifically for multiple-unit dwellings, high-rise
apartments, and redevelopment.
Commercial—a zone specifically for commercial businesses. It may be subdivided into areas for small
retail, large retail, offices, lodging and other uses.
Mixed Residential-Commercial—also called Mixed-Use, this zoning permits a combination of
complementary residential, commercial and/or industrial uses in a single district.
Industrial—an area for industry or manufacturing. Businesses here specialize in the manufacture of
industrial products and the provision of services for industrial manufacture. This zone may be subdivided
into areas for heavy manufacturing, light assembly and warehouses.
Special—an area that includes other specialized properties such as power plants, sports complexes,
airports, and shopping malls.
Common regulations within the zoning map districts include density
47, height and bulk of buildings, setbacks, and
parking requirements. Regulations for a zoning category in a downtown area may allow for more density and
height than allowed in a suburb, for instance. Exceptions to zoning rules are known as variances. Local
38
“To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available
on that particular subject at the time of adoption of the plan or plan amendment at issue.” S. 163.3177(1)(f), F.S.
39
S. 163.3177(1)(f), F.S.
40
S. 163.3177(1)(f)2., F.S.
41
S. 163.3177(1)(f)3., F.S.
42
S. 163.3177(1)(f), F.S.
43
S. 163.3202, F.S.
44
See ss. 163.3161(6) and 163.3194(1)(a), F.S.
45
Indian River County, General Zoning Questions, available at
https://indianriver.gov/services/community_development/faq.php#faq-questions-33 (last visited March 29, 2025).
46
Tulane University Law School, The Basics of Land Use and Zoning Law, https://online.law.tulane.edu/blog/land-use-and-
zoning-law (last visited March 30, 2025).
47
“Density” means an objective measurement of the number of people or residential units allowed per unit of land, such as
residents or employees per acre. See s. 163.3164(12), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
9
governments grant these to applicants to address a problem due to the nature of a specific property or to meet a
unique need that would not be harmful to the public interest.
48
Transient Public Lodging Establishments
Section 509.013, F.S., defines “public lodging establishment”. A public lodging establishment can be either
transient or non-transient. A public lodging establishment is non-transient if the periods of rental to guests are 30
days or a month or more in length. Examples of facilities excluded from the definition of “public lodging
establishment” are:
Any facility certified or licensed and regulated by the Agency for Health Care Administration or the
Department of Children and Families or other similar place regulated under s. 381.0072, F.S., and
Any roominghouse, boardinghouse, or other living or sleeping facility that may not be classified as a hotel,
motel, timeshare project, vacation rental, non-transient apartment, bed and breakfast inn, or transient
apartment under s. 509.242, F.S.
49
The Division of Hotels and Restaurants within the Department of Business and Professional Regulation is charged
with enforcing the provisions of ch. 509, F.S., and all other applicable laws relating to the inspection and regulation
of public lodging establishments and public food service establishments for the purpose of protecting the public
health, safety, and welfare. Thus, the division determines which establishments qualify as public lodging
establishments.
Under s. 509.032, F.S., a local law, ordinance, or regulation may not prohibit vacation rentals or regulate the
duration or frequency of rental of vacation rentals, excepting certain local laws, ordinances, or regulations that
were grandfathered in.
Zoning and Recovery Residences
As local governments determine their own zoning regulations, regulations vary within a jurisdiction’s zoning map
districts. Additionally, since the physical buildings that may be used as recovery residences vary in size and other
elements and may be located in different zoning map districts, the requirements that may apply to a building that
may be used as a recovery residence can differ both among jurisdictions and even from street to street within a
jurisdiction.
While local governments determine these regulations, enacting them by local ordinance, regulations must comply
with federal and state law and regulation. The Fair Housing Act and the Americans with Disabilities Act are two
federal laws that circumscribe local government authority regarding zoning affecting recovery residences.
Americans with Disabilities Act
The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities.
50 The ADA
requires broad interpretation of the term “disability” so as to include as many individuals as possible under the
definition.
51 The ADA defines disability as a physical or mental impairment that substantially limits one or more
major life activities.
52 Disability also includes individuals who have a record of such impairment, or are regarded as
having such impairment.
53 The phrase “physical or mental impairment” includes, among others
54, drug addiction
48
Tulane University Law School, supra note 46.
49
Section 509.242, F.S., establishes classifications for public lodging establishments. These include hotels, motels, vacation
rentals, nontransient apartment, transient apartment, bed and breakfast inn, and timeshare project. A “transient apartment” is
defined as “a building or complex of buildings in which more than 25 percent of the units are advertised or held out to the
public as available for transient occupancy.”
50
42 U.S.C. s. 12101. This includes prohibition against discrimination in employment, state and local government services,
public accommodations, commercial facilities, and transportation. U.S. Department of Justice, Law, Regulations & Standards,
available at http://www.ada.gov/2010_regs.htm (last visited March 29, 2025).
51
42 U.S.C. s. 12102.
52
Id.
53
Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
10
and alcoholism.
55 However, this only applies to individuals in recovery as ADA protections are not extended to
individuals who are actively abusing substances.
56
Fair Housing Amendment Act
The Fair Housing Amendment Act of 1988 (FHA) prohibits housing discrimination based upon an individual’s
handicap.
57 A person is considered to have a handicap if he or she has a physical or mental impairment which
substantially limits one or more of his or her major life activities.
58 This includes individuals who have a record of
such impairment, or are regarded as having such impairment.
59 Drug or alcohol addiction are considered to be
handicaps under the FHA.
60 However, current users of illegal controlled substances and persons convicted for
illegal manufacture or distribution of a controlled substance are not considered handicapped under the FHA.
Based on these federal laws in particular, local governments’ decisions on zoning that affects recovery residences’
siting has been the subject of significant ligation, both nationally and in Florida, over the last 30 years.
61 Recovery
residences’ suits have alleged that some local governments have structured their zoning regulation to keep the
residences from being able to operate, in response to citizens’ concerns about possible detrimental effects to
quality of life and property values, in violation of federal law. Local governments point to high costs of emergency
response services, poor service quality impeding recovery and impacting health and safety of individuals in
recovery living in the residences, and negative impacts on neighborhoods where recovery residences are in high
concentration or operated by bad actors.
Federal law requires reasonable accommodations when zoning would exclude individuals with disabilities from
housing in a community.
62 According to a joint federal Department of Justice and Department of Housing and
Urban Development statement, “reasonable accommodation” is “a change, exception, or adjustment to a rule,
policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use
and enjoy a dwelling, including public and common use spaces. Since rules, policies, practices, and services may
have a different effect on persons with disabilities than on other persons, treating persons with disabilities exactly
the same as others may sometimes deny them an equal opportunity to use and enjoy a dwelling.”
63
However, there are also legitimate government interests that a local jurisdiction can seek to achieve through its
planning and zoning.
64 Additionally, local governments are not required to grant accommodations when they
54
28 C.F.R. s. 35.108(b). The phrase physical or mental impairment includes, but is not limited to, such contagious and
noncontagious diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy,
muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning
disabilities, HIV disease (whether symptomatic or asymptomatic) and tuberculosis.
55
28 C.F.R. s. 35.108(b).
56
28 C.F.R. s. 35.131.
57
42 U.S.C. § 3604. Similar protections are also afforded under the Florida Fair Housing Act, s. 760.23, F.S., which provides that
it is unlawful to discriminate in the sale or rental of, or to otherwise make unavailable or deny, a dwelling to any buyer or
renter because of a handicap of a person residing in or intending to reside in that dwelling after it is sold, rented, or made
available. The statute provides that “discrimination” is defined to include a refusal to make reasonable accommodations in
rules, policies, practices, or services, when such accommodations may be necessary to such person equal opportunity to use
and enjoy a dwelling.
58
42 U.S.C. § 3602(h).
59
Id.
60
Oxford House, Inc. v. Town of Babylon, 819 F. Supp. 1179, 1182 (E.D.N.Y. 1993).
61
See Recovery Residence Report, DCF, supra note 18, beginning at 10, for cases up until 2013.
62
Daniel Lauber, Reforming State and Local Zoning for Community Residences for People With Disabilities and for Recovery
Communities (2024), p. 150, https://sa15.wpenginepowered.com/wp-
content/uploads/Florida_Study_CR_and_RC_Report_2024.pdf, (last visited March 30, 2025).
63
Department of Justice and Department of Housing and Urban Development, State and Local Land Use Laws and Practices and
the Application of the Fair Housing Act, Nov. 10, 2016, p. 8, https://www.justice.gov/opa/file/912366/dl, (last visited March
30, 2025).
64
Lauber, supra note 62, at 150-151. Examples of such interests cited in this source include assuring that the health and safety
needs of the occupants with disabilities are met, and facilitating the essential core characteristics of community residences of
emulating a family, normalization, community integration, and the use of neighbors without disabilities as role models. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
11
would impose an undue financial and administrative burden on the local government or fundamentally alter the
essential nature of the locality’s zoning scheme.
65
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/CS/CS/HB
1065
Caruso Harrell Chapter No. 2024-176
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Human Services Subcommittee 12 Y, 5 N, As CS 4/1/2025 Mitz Curry
THE CHANGES ADOPTED BY THE
COMMITTEE:
Removes bill provisions pertaining to:
License application;
Licensure processes;
Denial, suspension, and revocation of licenses;
State preemption; and
Creation of a substance abuse and recovery resident efficiency
committee.
Intergovernmental Affairs
Subcommittee
11 Y, 4 N, As CS 4/9/2025 Darden Jones
THE CHANGES ADOPTED BY THE
COMMITTEE:
Specifies that a recertified recovery residence must either not occupy
or fully occupy a community or structure governed by a condominium
association.
Health & Human Services
Committee
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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65
HUD/DOJ, supra note 63, at 8.