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HomeMy WebLinkAbout2026 01 12 Public Hearing 400 - Second Reading and Adoption of Ordinance 2025-17: Reasonable Accomodation from City's Land Development Regulations and Certified Recovery ResidencesPUBLIC HEARINGS AGENDA ITEM 400 CITY COMMISSION AGENDA | JANUARY 12, 2026 REGULAR MEETING TITLE Second Reading and Adoption of Ordinance 2025-17: Reasonable Accommodation from the City's Land Development Regulations and Certified Recovery Residences SUMMARY The Community Development Department has worked with the City Attorney's Office to draft changes to amend Chapter 20, Zoning, to add procedures for processing requests for Reasonable Accommodation from the City's Land Development Regulations, which would also be applicable to Certified Recovery Residences in order to comply with Florida Statutes Section 397.487; Amending Article III, Establishment of Districts, to establish Certified Recovery Residences as permitted or conditional uses in certain zoning districts. The Notice of Public Hearing for Ordinance 2025-17 was advertised in the December 29, 2025 publication of the Orlando Sentinel. FUNDING SOURCE RECOMMENDATION Staff recommends that the City Commission hold a Public Hearing and approve the second reading and adoption of Ordinance 2025-17. 208 City of Winter Springs Ordinance No. 2025-17 Page 1 of 11 ORDINANCE NO. 2025-17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING CHAPTER 20, ZONING, ARTICLE V, SUPPLEMENTAL DISTRICT REGULATIONS, OF THE CITY OF WINTER SPRINGS CODE OF ORDINANCES TO ADD PROCEDURES FOR PROCESSING REQUESTS FOR REASONABLE ACCOMMODATION FROM THE CITY’S LAND DEVELOPMENT REGULATIONS, WHICH SHALL ALSO BE APPLICABLE TO CERTIFIED RECOVERY RESIDENCES IN ORDER TO COMPLY WITH FLORIDA STATUTES SECTION 397.487; AMENDING ARTICLE III, ESTABLISHMENT OF DISTRICTS, TO ESTABLISH CERTIFIED RECOVERY RESIDENCES AS PERMITTED OR CONDITIONAL USES IN CERTAIN ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City maintains Chapter 20, Zoning, of the City Code, which sets forth the City’s zoning code and provides standards for the use and design of real property within the City; and WHEREAS, federal law, specifically the Fair Housing Act, codified at 42 U.S.C. §§ 3601- 19, and Title II of the Americans with Disabilities Act, codified at 42 U.S.C. § 12132, requires local governments to make reasonable accommodations to rules, policies, practices or services, including land use or zoning laws and policies, when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling; and WHEREAS, local governments are strongly encouraged to have established procedures by which persons with disabilities may request reasonable accommodations with respect to rules, polices, practices, or services, specifically including land use or zoning laws and policies, in accordance with Jeffrey O. v. City of Boca Raton, 511 F. Supp. 2d 1339 (2007) and the Joint Statement of the Department of Housing and Urban Development and the Department of Justice, State and Local Land Use Laws and Practices and the Application of the Fair Housing Act, published November 10, 2016; and WHEREAS, Section 397.487, Florida Statutes, as amended by Fla. S.B. 954 (Reg. Sess. 2025) (codified as Laws of Florida Chapter 2025-182) mandates that the City Commission of the City of Winter Springs adopt an ordinance to establish procedures for the review and approval of certified recovery residences, including a process for requesting reasonable accommodations from 209 City of Winter Springs Ordinance No. 2025-17 Page 2 of 11 any local land use regulations which serve to prohibit the establishment of a certified recovery residence; and WHEREAS, the City therefore desires to add a new Division 5 to Article V, Supplemental District Regulations, of Chapter 20, Zoning, of the City Code to set forth procedures for the review of reasonable accommodation requests to the City’s zoning code, including for certified recovery residences, within the City’s jurisdictional boundaries; and WHEREAS, adoption of this Ordinance is required to implement the new provisions of Florida Statutes § 397.487, and thus is required to comply with state law; therefore, the City is not required to prepare or cause to be prepared a business impact statement pursuant to Florida Statutes § 166.071(4); and WHEREAS, the City further desires to amend its land development regulations to establish development standards and regulations for certified recovery residences in order to promote the consistent and uniform application of the City’s land development regulations to all uses of land; and WHEREAS, on December 4, 2025, the City’s Planning and Zoning Board (Local Planning Agency) reviewed the amendments contained herein at a duly noticed public hearing and forwarded its recommendation of adoption to the City Commission; and WHEREAS, the City Commission held duly advertised public hearings on this Ordinance and has determined that the adoption of the amendments to the City’s zoning code as contained herein is in the best interests of the City and the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings which reflect the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Code Amendment. Article V, Supplemental District Regulations, of the City Code is hereby amended as follows to add a new Division 5, Reasonable Accommodation Requests: (underlined type indicates additions to the City Code and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Article V. It is intended that the text in Article V denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to the adoption of this Ordinance): ARTICLE V. – SUPPLEMENTAL DISTRICT REGULATIONS * * * DIVISION 5. – REASONABLE ACCOMMODATION REQUESTS 210 City of Winter Springs Ordinance No. 2025-17 Page 3 of 11 Sec. 20-455. – Reasonable Accommodation Requests. (a) Purpose. The purpose of this section is to establish procedures for the review of reasonable accommodation requests made regarding City land use and zoning ordinances, rules, regulations, policies, and procedures that may either be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling or to avoid discrimination consistent with the Federal Fair Housing Act (42 U.S.C. § 3601, et seq.) (“FHA”) and Title II of the Americans with Disabilities Act (42 U.S.C. § 12131 et seq.) (“ADA”). In addition, this section is intended to address the establishment of certified recovery residences and provide procedures for the review and approval of requests for a reasonable accommodation in the application of the City’s ordinances, rules, policies, and procedures with regard to such certified recovery residences as required by Section 397.487, Florida Statutes. (b) Eligible Applicants. Any person who is disabled, their designated representative, or a provider of services to disabled individuals, collectively referred to as “applicant” in this section, may request a reasonable accommodation to the City’s land use and zoning ordinances, rules, regulations, policies, and procedures in accordance with this section. 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 as defined therein. (c) Application Requirements. A request for reasonable accommodation under this section from the City’s land development regulations, rules, policies, and procedures shall be made in writing to the Director of Community Development and shall at a minimum provide the following information: (1) The name and contact information of the applicant making the request or the applicant’s authorized representative. (2) If the applicant is not the owner of the property where the reasonable accommodation is being requested, contact information of the property owner must also be provided, and the written consent of the property owner must be provided to the City before the application is considered complete. (3) The property address and Seminole County Property Appraiser’s parcel identification number. (4) A description of the applicant’s disability (a physical or mental impairment that substantially limits one or more major life activities). The applicant may attach any information that he or she wishes to provide the City verifying his or her disability as defined by federal law, such as: a. Medical records or letter of a medical profession; 211 City of Winter Springs Ordinance No. 2025-17 Page 4 of 11 b. Proof that, if the individual is under 65 years of age, receives Supplemental Security Income or Social Security Disability Insurance benefits; or c. Statement of a non-medical service agency or reliable third party who is in a position to know of the individual’s disability. If the applicant is a qualified entity serving disabled persons, the applicant need not produce individualized evidence of their residents’ or clients’ disability, but must submit a copy of policies or governing documents of the qualifying entity verifying and ensuring that it serves or will serve only those with actual disabilities as defined by the FHA and ADA and that it will adhere to such policies and procedures, such as house rules or admissions criteria. (5) A description of the accommodation needed, identifying the ordinances, rules, or policies from which the applicant seeks reasonable accommodation, including a description of why the requested accommodation is necessary and is related to the identified disability. (6) A certification stating as follows: “I certify, under penalty of perjury, that the information provided in this request is true and correct. I understand that if I knowingly provide false information with this request my request shall become null and void.” (7) Any additional documentation the applicant feels is necessary to support the request for reasonable accommodation. (8) The notarized signature of the applicant and date of the application. The City shall date stamp the application upon receipt and shall notify the applicant in writing within thirty (30) days if additional information is required, which may include further documentation verifying the disability of the applicant or verifying the disability-related need for the requested accommodation to the extent allowed by law. The applicant shall have 30 days to respond with the additional information to complete the application or the application will be deemed withdrawn. (d) Review Process. Within sixty (60) days of receiving the completed application for reasonable accommodation, the Director of Community Development shall review the request and make a determination to either: (1) grant the reasonable accommodation request in full; (2) grant the reasonable accommodation request with conditions; (3) grant the request in part and deny the request in part; or (4) deny the request, in accordance with local, state, and federal law. The Director of Community Development’s determination shall be in writing. If the request is denied, the reasons for the denial shall be stated in writing. Denials shall be based on objective, evidence- 212 City of Winter Springs Ordinance No. 2025-17 Page 5 of 11 based reasons and identify any deficiencies or actions necessary for reconsideration. The final determination shall give notice of the applicant’s right and method of appeal. For certified recovery residence requests for reasonable accommodation, if the final written determination is not issued within sixty (60) days after receipt of the completed application, the request is deemed approved unless the parties agree in writing to a reasonable extension of time. The Director of Community Development shall be permitted to include a condition of approval that current evidence of disability be provided to the City at regular intervals, no more frequently than annually. The Director of Community Development shall make the determination consistent with the City Code and the FHA and/or ADA after considering the following review criteria: (1) Whether the applicant has established that he/she is protected under the FHA and/or ADA by demonstrating that they are handicapped or disabled, as defined in the FHA and/or ADA. To do this, the applicant must show he or she has, or is serving those with: a. A physical or mental impairment which substantially limits one (1) or more major life activities; b. That they are regarded as having such impairment; or c. That they have a record of having such impairment. (2) Whether the requested accommodation is reasonable and necessary to afford the applicant with an equal opportunity to use and enjoy the dwelling or is reasonable and necessary to assure the applicant an equal opportunity to enjoy a service, program, or activity offered by the City. (3) Whether the requested accommodation would impose an undue financial or administrative burden on the City. (4) Whether the requested accommodation would require a fundamental alteration in the nature of the land use and zoning regulations of the City. If the Director of Community Development finds that the requested accommodation will impose an undue financial or administrative burden on the City or will require a fundamental alteration in the nature of the City’s service, program or activity, the Director may consider whether an alternative reasonable accommodation exists which would effectively meet the disability-related need. An alternative reasonable accommodation may be the requested accommodation with conditions. In conducting the review, the Director may make a site visit to the property where the reasonable accommodation is being requested, if needed. 213 City of Winter Springs Ordinance No. 2025-17 Page 6 of 11 (e) Appeals. The applicant may appeal the written decision of the Director of Community Development within thirty (30) days of the issuance of the Director of Community Development’s decision. Appeals shall be made in writing to the City Manager and filed with the City Clerk. Appeals shall include the name, address, and telephone number of the applicant; a notarized signature of the applicant; and a written summary of the reasons for the appeal, including any legal or factual basis for the appeal. The City Manager shall issue a final decision on the appeal within forty-five (45) days of filing the appeal with the City Clerk. Any applicant aggrieved by a final decision of the City Manager made under this section shall have the right to file an appropriate action in a court of competent jurisdiction. (f) No Application Fee. There shall be no fee imposed by the City for the reasonable accommodation request process or appeals outlined in this section. (g) General Provisions. The following additional general provisions are applicable to requests for reasonable accommodation under this Section. (1) An applicant may request a reasonable accommodation on their own behalf or may be represented at all states by an attorney, legally appointed guardian, or other person designated by the individual in writing. (2) In the event that a reasonable accommodation is granted, the applicant shall comply with any and all applicable conditions, as well as all permitting procedures required by the City Code and all land development regulations of the City which have not been affected by the reasonable accommodation. (3) All reasonable accommodations are specific to the applicant and do not run with the land. (4) A reasonable accommodation does not alter an individual’s obligation to comply with all other applicable federal, state, county, or City requirements, rules, regulations, or laws. (5) A reasonable accommodation issued pursuant to this Section shall not supersede any current or future declaration of condominium adopted pursuant to Chapter 718, Florida Statutes, or cooperative document adopted pursuant to Chapter 719, Florida Statutes, or declaration of covenant adopted pursuant to Chapter 720, Florida Statutes. (h) Revocations. Approvals granted under this Section for a reasonable accommodation may be revoked or modified by the City Manager, or designee, if the applicant fails to comply with all conditions of approval or fails to maintain all certifications and/or licenses required by law and such certifications or licenses are not reinstated within 180 days. The City shall provide a 30-day written notice of the proposed revocation or 214 City of Winter Springs Ordinance No. 2025-17 Page 7 of 11 modification. The applicant may request an opportunity to be heard before the City Manager prior to the effective date of the proposed revocation. (i) Certified Recovery Residences. A certified recovery residence may be established as a permitted use in the R-3 zoning district without reasonable accommodation. Certified recovery residences may be established as a conditional use in the C-2, I-1, and C-3 Highway 17-92 Commercial zoning districts. Certified recovery residences must comply with the zoning regulations established in Chapter 20, Zoning, of the City Code and all other applicable land development regulations, except that reasonable accommodations may be requested pursuant to this Section. With regard to recovery residences, the City shall require all applicants for a reasonable accommodation to have a valid certificate of compliance and provide evidence that it is actively managed by a certified recovery residence administrator as provided in Section 397.311 and 397.487, Florida Statutes, unless the recovery residence has a charter from an entity recognized or sanctioned by Congress. The Director of Community Development shall deny requests for a reasonable accommodation from the definition of a “family” for recovery residences, otherwise known as “sober homes,” that are not certified in accordance with the provisions of Section 397.487, Florida Statutes, unless the recovery residence has a charter from an entity recognized or sanctioned by Congress. The City Commission finds that persons suffering from addiction represent a vulnerable consumer population and adopts by reference the findings and intent of the Legislature as expressed in Section 397.487, Florida Statutes, and its supporting legislative history, and concludes that the requirement to maintain a certification is intended to protect persons who reside in recovery residences. If the Applicant is not the administrator who will be actively managing the residents and staff of the certified recovery residence, the name and contact information of the administrator must also be provided. A copy of the current certifications and licenses for the certified recovery residence shall be attached to the application. (j) Community Residential Homes. Development permit applications for community residential homes, as defined in Section 419.001, Florida Statutes, shall not be subject to the provisions of this Section. Section 3. Code Amendment. Article III, Establishment of Districts, of Chapter 20 of the City Code is hereby amended as follows: (underlined type indicates additions to the City Code and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Article III. It is intended that the text in Article III denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to the adoption of this Ordinance): ARTICLE III. – ESTABLISHMENT OF DISTRICTS 215 City of Winter Springs Ordinance No. 2025-17 Page 8 of 11 * * * * * * DIVISION 6. – R-3 MULTIPLE FAMILY DWELLING DISTRICTS * * * Sec. 20-207. – Uses permitted. Within any R-3 Multiple-Family Dwelling District, no building, structure, land or water shall be used except for the following uses: (1) Any uses permitted in R-1AAA, R-1AA, R-1A, or R-1. (2) Apartments, townhouses, patio homes or other multiple-family dwelling structures. (3) Boarding and/or lodging homes. (4) Guest and tourist homes. (5) General office including: medical, dental, legal, architecture/engineering, real estate, financial, information technology, and administrative headquarters, or similar use, however, under no circumstances will any type of office use incompatible with residential, schools, parks or public buildings be permitted. Signage shall be limited to building-mounted identification signage. No outside storage or fleet and dispatch yards are permitted; however, governmental vehicles are exempted. (6) Certified recovery residences. * * * DIVISION 8. – C-2 GENERAL COMMERCIAL DISTRICT * * * Sec. 20-254. – Conditional uses. * * * (9) Certified recovery residences. * * * DIVISION 8.5. – I-1 LIGHT INDUSTRIAL DISTRICT 216 City of Winter Springs Ordinance No. 2025-17 Page 9 of 11 * * * Sec. 20-261. – Conditional uses. * * * (10) Certified recovery residences. * * * DIVISION 15. – C-3 HIGHWAY 17-92 COMMERCIAL DISTRICT * * * Sec. 20-346.3. – Conditional uses. * * * (12) Certified recovery residences. * * * Section 4. Code Amendment. Article I, In General, of Chapter 20 of the the City Code is hereby amended as follows: (underlined type indicates additions to the City Code and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Article I. It is intended that the text in Article I denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to the adoption of this Ordinance): ARTICLE I. - IN GENERAL Sec. 20-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * Certified recovery residence. This term shall have the same meaning as provided in Florida Statutes § 397.311(5), as may be amended from time to time. * * * 217 City of Winter Springs Ordinance No. 2025-17 Page 10 of 11 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts or ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Incorporation into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word, or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 8. Effective Date. This Ordinance shall become effective upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _____ day of______________, 2025. Kevin McCann, Mayor ATTEST: Christian Gowan, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: _______________________________ Anthony A. Garganese, City Attorney 218 City of Winter Springs Ordinance No. 2025-17 Page 11 of 11 First Reading: Legal Ad: Second Reading: 219 This Business Impact Estimate may be revised following its initial posting. CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 TELEPHONE: (407) 327-1800 FACSIMILE: (407) 327-4753 WEBSITE: www.winterspringsfl.org BUSINESS IMPACT ESTIMATE PURSUANT TO F.S. 166.041(4) This form should be included in the agenda packet with the proposed ordinance to be considered. It must be posted on the City’s website by the time notice of the proposed ordinance is published. City Commission Meeting Dates: First Reading: December 8, 2025 Second Reading: TBD Ordinance Number: 2025-17 Posted To Webpage: Wednesday, November 26, 2025 Date of Publication: Wednesday, November 26, 2025 This Business Impact Estimate is given as it relates to the proposed ordinance titled: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING CHAPTER 20, ZONING, ARTICLE V, SUPPLEMENTAL DISTRICT REGULATIONS, OF THE CITY OF WINTER SPRINGS CODE OF ORDINANCES TO ADD PROCEDURES FOR PROCESSING REQUESTS FOR REASONABLE ACCOMMODATION FROM THE CITY’S LAND DEVELOPMENT REGULATIONS, WHICH SHALL ALSO BE APPLICABLE TO CERTIFIED RECOVERY RESIDENCES IN ORDER TO COMPLY WITH FLORIDA STATUTES SECTION 397.487; AMENDING ARTICLE III, ESTABLISHMENT OF DISTRICTS, TO ESTABLISH CERTIFIED RECOVERY RESIDENCES AS PERMITTED OR CONDITIONAL USES IN CERTAIN ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. Parts I-IV below are not required to be completed if the ordinance involves any one of the following types of exemptions. Please check if applicable: _X_ 1. Ordinances required for compliance with federal or state law or regulation; __ 2. Ordinances relating to the issuance or refinancing of debt; __ 3. Ordinances relating to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; __ 4. Ordinances required to implement a contract or an agreement, including, but not limited to, any federal, state, local, or private grant, or other financial assistance accepted by a municipal government; __ 5. Emergency ordinances; __ 6. Ordinances relating to procurement; or __ 7. Ordinances enacted to implement the following: 220 This Business Impact Estimate may be revised following its initial posting. __ a. Development orders and development permits, as those terms are defined in s. 163.3164, and development agreements, as authorized by the Florida Local Government Development Agreement Act under ss. 163.3220-163.3243; __ b. Comprehensive plan amendments and land development regulation amendments initiated by an application by a private party other than the municipality; __ c. Sections 190.005 and 190.046; __ d. Section 553.73, relating to the Florida Building Code; or __ e. Section 633.202, relating to the Florida Fire Prevention Code. Part I. Summary of the proposed ordinance and statement of public purpose: N/A Part II. Estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the City of Winter Springs: (fill out subsections a-c as applicable, if not applicable write “not applicable”) (a) Estimate of direct compliance costs that businesses may reasonably incur if the proposed ordinance is enacted: N/A (b) Identification of any new charges or fee on businesses subject to the proposed ordinance, or for which businesses will be financially responsible; and N/A (c) An estimate of the City of Winter Springs’ regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs. N/A Part III. Good faith estimate of the number of businesses likely to be impacted by the ordinance: N/A Part IV. Additional Information the City Commission may find useful (if any): N/A 221 Published Daily in Orange, Seminole, Lake, Osceola & Volusia Counties, Florida Sold To: City Of Winter Springs - CU00116922 1126 E State Road 434 Winter Springs, FL, 32708-2715 Bill To: City Of Winter Springs - CU00116922 1126 E State Road 434 Winter Springs, FL, 32708-2715 State Of Florida County Of Orange Before the undersigned authority personally appeared rose williams, who on oath says that he or she is a duly authorized representative of the ORLANDO SENTINEL, a DAILY newspaper published in ORANGE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11200-Misc. Legal Was published in said newspaper by print in the issues of, or by publication on the newspaper’s website, if authorized on Dec 29, 2025. Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. rose williams Sworn to and subscribed before me on this 2 day of January, 2026, by above Affiant, who is personally known to me (X) or who has produced identification ( ). Signature of Affiant Name of Affiant Signature of Notary Public Name of Notary, Typed, Printed, or Stamped 7907930 222 heightens the risk of perma-nent blindness and surgery complications, the lawsuit states. It leaves people vulnerable in the dangerous environment of a prison.“Rather than providing a quick and simple surgery, defendants have allowed hundreds of people, many of them seniors, to become totally blind,” Erica Downs, an attorney at Florida Justice, said in an email. “Not only are they now at risk for permanent vision loss, but they are far more likely to suffer from falls and fractures and be abused in prison.”The Florida Department of Corrections contracts with Centurion of Flor-ida to provide health care, including vision services, to Florida’s incarcerated popu-lation.Department officials declined to answer ques-tions about how many inmates are awaiting eye surgeries and why surger-ies were delayed, contrary to recommendations from specialists.“The Florida Depart-ment of Corrections does not comment on any pend-ing litigation,” an email from its office of communications said.Officials from Centurion of Florida’s media office did not respond to three emails and a voicemail requesting comment. ‘Nothing could be worse’ When inmates or their families have a gripe about prison life, they often reach out to Florida Cares.The West Palm Beach nonprofit is dedicated to improving the lives of incar-cerated people and their families. It works with a Department of Corrections central office to try and resolve issues.Starting around the fall of 2023, staffers noticed that complaints about delayed eye surgeries began to pile up.In all, Florida Cares heard from about 60 inmates. Their stories showed a pattern of urgent care being delayed even after they filed grievances with their prison about not being treated. In anticipation of surgery, some had been transferred to the prison in Lake Butler, where there is a medical center, only to have their appoint-ments canceled.“The doctor said his eyes should have been done five years ago. He says his left eye is completely gone and his right is almost the same,” one relative told Florida Cares.“His left eye is completely blind, and unable to benefit from cataract surgery at this point,” another said. “If this request for cataract surgery was fulfilled seven years ago, my brother would not have lost his vision.”Emails from Department of Corrections officials show that the system was failing. One sent in June 2024 by its chief of medical services, Danny Martinez, responded to an urgent request for cata-ract surgery. In it, Marti-nez mentioned a “backlog of about 1,000 inmates in need of ophthalmological surgery.”Adam Meretsky spoke with Florida Cares after his medical care was delayed.Blind in one eye when he was imprisoned about 17 years ago, the sight in his other eye had begun to fail. He was examined by two specialists and asked to sign release forms for corneal transplants, a report compiled by Florida Cares states.More than six years later, he was still on a wait list. His vision was so bad that his mother would photocopy whole books, enlarging the text so he could read them. Meretsky, 39, died in November 2024 from other health issues. He never got his surgery.“He was frightened,” his mother told the Tampa Bay Times in an interview. “Nothing could be worse than not having your sight and being in prison. You can’t see who’s around the corner.”Frustrated by the depart-ment’s lack of action, Flor-ida Cares reported the cases to attorneys at Florida Justice, a Miami nonprofit that conducts civil rights liti-gation and advocacy in the areas of prisoners’ rights, housing discrimination and other issues.Its director of litigation, Dante Trevisani, wrote in February asking Clayton Weiss, the Department of Corrections’ director of health services, and Dr. John Lay, Centurion’s statewide medical director, to address the backlog.The letter included accounts of 15 inmates who went years without recom-mended eye surgery.“It is apparent that there is a policy, practice, and custom of failing to provide adequate specialty eye care,” the letter said.The American Academy of Ophthalmology recom-mends people 60 and up have regular eye exams for age-related issues like cataracts, as early detec-tion improves outcomes. Delays in treatment puts eyesight at risk, said Ravi Goel, an ophthalmologist and spokesperson for the academy.“Patients in correctional or institutional settings are especially vulnerable, and ensuring timely access to medical and surgical eye care is critical not only for preserving sight, but also for maintaining independence, alleviating suffering, and preventing what should be a preventable disability,” he said in an email. A lucrative contract, a lack of care The Department of Corrections in 2023 awarded Centurion a $2.8 billion contract to provide health care services at 134 Florida prisons over four years.The contract requires that the state reimburse the company for medi-cal services. Centurion hires doctors and nurses to provide medical care. Vision care is largely provided by outside clinics and special-ists.Centurion is part of Centurion Health, a private company that does busi-ness in about 15 states. Its quality of care has been the subject of several lawsuits and investigations.It was one of four prison health care providers sued in 2023 by the American Civil Liberties Union in Delaware for what the nonprofit called “unlawful and unconstitu-tional delays and denials of treatment.”Three years ago, a U.S. Department of Justice investigation of Mississip-pi’s Parchman prison, where Centurion provided health services, found the prison did not adequately treat people with mental illness.Florida Justice attorneys allege the same failure to provide adequate care in their lawsuit.Vision is measured by comparing a patient’s abil-ity to read an eye chart from a standard distance — typi-cally 20 feet — with 20/20 considered normal vision.The federal Medicare program, which covers health care for Ameri-can seniors, will typically approve cataract surgery when a patient’s eye score falls below 20/40 and affects daily activities like reading.Florida inmates are approved for the same surgery when their vision tests 20/50 or worse, depart-ment standards state. But even when an inmate has a cataract causing legal blind-ness in one eye, they will be denied surgery if the vision in their other eye is accept-able.“Essentially, prisoners are being denied medically necessary cataract surgery, because they still have ‘one good eye,’  ” the lawsuit states.That is of particular concern for older inmates, who are more suscepti-ble to cataracts, glaucoma and other vision problems. About one in eight of those in Florida prisons are 60 or older, in part because the state abolished parole for most inmates in 1983. Blind on death row Ken Lott’s vision began failing about four years ago.A quadruple heart bypass survivor, he had cataracts in both eyes and could no longer read the labels on his pill bottles. He was forced to wait for medication until it was brought by prison nurses.The glasses he was given did little to help. Others would read his emails to him, but as a death row inmate at Union Correc-tional Institute, he spends all but three hours of the day alone in his cell.Not wanting her husband to lose the ability to walk, Loretta Lott asked if she could provide him with a walker. Prison officials refused. Instead, he stands behind a wheelchair and pushes it along, she said.“I’ve seen him go from a man that can get up and have pride and walk around to a man that’s now in a wheel-chair, that has to wear a little tag that says ‘legally blind,’ ” she said. “He’s very sad. He’s very depressed. His mental health has definitely been affected, because he does not want to live the rest of his life blind, and that’s his fear.”Four years after he was approved for surgeries on both eyes, Lott, 56, finally underwent the proce-dures in April. One eye had complications that required additional laser treatment.Loretta Lott is convinced her husband would still be blind were it not for the intervention of Florida Cares and the attorneys at Florida Justice.“It took a village to get his eyes fixed, and it shouldn’t be that hard,” she said. Lott was thrilled to see his wife’s face again.“I told her, ‘Honey, you look better than you’ve ever looked to me,’ ” he said on a phone call with the Times.In the upcoming state legislative session, Flor-ida Cares will be pushing for the passage of a bill to create an independent prison ombudsman who would have the authority to resolve disputes between those in prison and the Department of Correc-tions on issues like access to health care.It would save the state money since it could reduce the number of lawsuits the department faces, said founder and executive director Denise Rock.“It’s unfortunate that we have to resort to going to a lawyer to get the treatment that’s needed,” she said.For those who question why the state should spend tax dollars on health care for criminals and inmates who will be executed, Rock points out that Florida has exonerated 78 people convicted of serious crimes since 1978, including 27 convicted of murder.Almost 90% of people incarcerated will be even-tually released.“Do we want them coming home blind with-out a job and no way to take care of themselves?” she said. “They’re still human beings, and we still have a responsibility while they’re incarcerated to care for them.” Blind from Page 3 Osceola Little Italy at 2901 B-1 Parkway Blvd. in Kissim-mee shut down on Dec. 18 when inspectors found 23 violations, includ-ing three deemed high priority. Those were for a dish washing machine with improper chlorine sanitizer strength, raw chicken stored over raw salmon, and eight live roaches found among the cookline and other loca-tions. Inspectors returned on Dec. 19, still finding 21 violations, with two still deemed high priority for the dish washing machine and the raw food, both of which received time exten-sions. A manual sanitizing station was set up until the machine could be repaired. A follow-up inspection will be required, but inspectors allowed the venue to reopen. Total Inspections Among all inspections across Central Florida, there were 2,726 violations total, including basic, intermedi-ate and high violations.Orange County had the most with 1,064, followed by Volusia with 452, Brevard with 427, Seminole with 316, Osceola with 307 and Lake with 160. Shut from Page 3 This image shows the Lowell Correctional Institution, a women’s prison in Marion County. Lowell inmate Carla Verner waited almost three years for cataract surgery. She was legally blind during that time and ran into objects. She needed assistance to open her locker, write forms, and read and write mail. DIRK SHADD/TAMPA BAY TIMES Orlando Sentinel | Section 1 | Monday, December 29, 2025 5 Equipped with high-performance features Your Upgrade from Couch to First Class has been Approved •Reclining lift chair designed for your ultimate comfort awake or asleep Customizable positioning,therapeutic heat, and massage • Stay independent,comfortable,and in control• Go f rom sitting to standing with the touch of a button • Choose 5-motor for adjustable lumbar, head,neck,&sleep tilt • 4CHAIRS IN ONE:SLEEP /RECLINE /LIFT /ZERO GRAVITY Use Code*:JHLCOZY Call 877-241-4644 Visit ShopJourney.com/PSC *While supplies last.The Perfect Sleep Chairs cannot be returned,but if yours arrives damaged or defective,at our option we will repair it or replace it.Delivery only available in contiguous U.S. ©2025 Journey Health &Lifestyle®BAPPSC1 /606720 ® FREE HEA TED BL ANKET * NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION PROPOSE TO CONSIDER THE FOLLOWING: ORDINANCE NO.2025-17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS,FLORIDA;AMENDING CHAPTER 20,ZONING,ARTICLE V,SUPPLEMENTAL DISTRICT REGULATIONS,OF THE CITY OF WINTER SPRINGS CODE OF ORDINANCES TO ADD PROCEDURES FOR PROCESSING REQUESTS FOR REASONABLE ACCOMMODATION FROM THE CITY’S LAND DEVELOPMENT REGULATIONS,WHICH SHALL ALSO BE APPLICABLE TO CERTIFIED RECOVERY RESIDENCES IN ORDER TO COMPLY WITH FLORIDA STATUTES SECTION 397.487;AMENDING ARTICLE III,ESTABLISHMENT OF DISTRICTS,TO ESTABLISH CERTIFIED RECOVERY RESIDENCES AS PERMITTED OR CONDITIONAL USES IN CERTAIN ZONING DISTRICTS;PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,INCORPORATION INTO THE CODE, SEVERABILITY,AND AN EFFECTIVE DATE. CITY COMMISSION PUBLIC HEARINGS FOR SECOND READING/ADOPTION WILL BE HELD ON MONDAY, JANUARY 12,2026 AT 6:30 PM OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL,1126 EAST STATE ROAD 434, WINTER SPRINGS,FLORIDA THE CITY COMMISSION RESERVES THE RIGHT TO POSTPONE OR CONTINUE THE PUBLIC HEARING ON THIS ORDINANCE AT THIS MEETING WITHOUT FURTHER NOTICE. The proposed ordinance may be obtained by interested parties between 8 a.m.and 5 p.m.,Monday through Friday,from the office of the City Clerk,located at 1126 E. SR 434,Winter Springs,Florida.For more information,call (407)327-1800 #237.Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator,48 hours in advance of the meeting at (407) 327-1800,#236.This is a public hearing.Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed resolutions. If you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at this meeting,you will need a record of the proceedings,and for such purposes,you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. Newspaper: Orlando Sentinel Advertiser: City Of Winter Springs Issue Date: Mon, 12/29/25 Ad Number: 7907930-1 223