O-2025-111 ORDINANCE NO. 2025-11
2
3
4
5
6
7
8
9
AN ORDINANCE OF THE MAYOR AND VILLAGE
COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA,
AMENDING APPENDIX A, "ZONING," ARTICLE V.,
"SUPPLEMENTARY REGULATIONS," DIVISION 12,
"RESERVED" OF THE VILLAGE CODE OF ORDINANCES
TO CREATE REGULATIONS THAT THE ESTABLISH
REVIEW AND APPROVAL PROCEDURES FOR
CERTIFIED RECOVERY RESIDENCES, PURSUANT TO
10 STATE LAW; PROVIDING FOR SEVERABILITY;
11 PROVIDING FOR CONFLICTS; PROVIDING FOR
12 CODIFICATION; AND PROVIDING FOR AN EFFECTIVE
13 DATE.
14 WHEREAS, Miami Shores Village (the "Village") Council recognizes that changes
15 to the adopted Code of Ordinances ("Code") are periodically necessary to ensure that the
16 Village's regulations are current and consistent with the Village's planning and regulatory
17 needs, and Florida Statutes; and
18 WHEREAS, the Village is committed to ensuring compliance with federal civil
19 rights laws, including the Fair Housing Amendments Act of 1988, 42 U.S.C. ss. 3601 et
20 seq., and Title II of the American with Disabilities Act, 42 U.S.C. ss. 12131 et seq.; and
21 WHEREAS, in the early 1970s, the federal government enacted laws for states to
22 develop a continuum of care for individuals and families affected by substance abuse;
23 and
24 WHEREAS, in response to the federal laws, the Florida Legislature enacted
25 Chapters 396 and 397, F.S., relating to alcohol and drug abuse, respectively; and
26 WHEREAS, in 1993, the Florida Legislature adopted legislation combining
27 Chapter 396 and 397 of the Florida Statutes into a single law, the "Hal S. Marchman
28 Alcohol and Other Drug Services Act" (the "Marchman Act"), which encourages
29 individuals to seek services on a voluntary basis within the existing financial and space
30 capacities of a service provider; and
31 WHEREAS, the Department of Children and Families (DCF) is responsible for
32 administering substance abuse and mental health prevention, treatment, and recovery
33 statewide consistent with the Marchman Act; and
34 WHEREAS, in 2025, the Florida Legislature adopted SB 954, codified in Chapter
35 2025-182, Laws of Florida, which requires local governments in the State of Florida to
36 formalize and streamline the review and approval process for applicants seeking
37 reasonable accommodation from local land use regulations to establish "certified recovery
38 residences"; and
Miami Shores Village Ordinance 2025-11 EXHIBIT 2 -DRAFT Ordinance
1
11
11
11
11
11
11
11
11
16 December
Dec. 2
Dec. 16
11
11