TO: Mayor and Commissioners
FROM: Jeffrey L. Oris, CEcD, Assistant City Manager
THROUGH: Terrence R. Moore, ICMA-CM
DATE: April 8, 2025
Title
RESOLUTION NO. 77-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO OPPOSE PROPOSED STATE LEGISLATION CONTAINED IN SENATE BILL 954 AND HOUSE BILL 1163 REGARDING PREEMPTION OF REGULATIONS FOR RECOVERY RESIDENCES THAT SEEK, IN ALL RESPECTS, TO PREEMPT LOCAL ZONING OF RECOVERY RESIDENCES; PROVIDING FOR DISTRIBUTION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
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Recommended Action:
Recommendation
Consider adoption of Resolution 77-25 opposing proposed state legislation contained in Senate Bill 954 and House Bill 1163 regarding preemption of regulations regarding recovery residences.
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Background:
In response to the high number of recovery residences in the City during the opioid crisis, the City engaged a consultant to prepare a study as to how best to regulate community residences for persons with disabilities.within the city limits. As a result, the City adopted Ordinance 25-17 which put certain limitations on such residences as to their proximity to one another, the potential locations for those at various licensing levels and other such regulations that ensured such residences did not overwhelm a neighborhood to the point that they are too large to emulate a family nor can they achieve normalization and community integration of their residents, a key goal of such facilities. This ordinance has made a major impact on the City significantly reducing conditions that made it difficult for recovery residences to achieve their purpose and also limited the negative effect of such uses upon quality of life for residents as well as property values.
There is currently a bill in the legislature, SB 954 and its companion bill in the House, HB 1163, that would preempt the City's ability to regulate recovery residences in multi-family zoning districts as well as in other...
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