HomeMy WebLinkAboutResolution 2013-32 Sober HomesRESOLUTION NUMBER 2013 -32
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA URGING THE
FLORIDA LEAGUE OF CITIES TO SUPPORT
LEGISLATION TO REGULATE HALFWAY HOUSES ALSO
KNOWN AS SOBER HOUSES AND TO REQUIRE THAT
THESE FACILITIES BE LICENSED AS FORMAL
REHABILITATION TREATMENT FACILITIES BY THE
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES;
AND OFFERING THE CITY COMMISSION'S SUPPORT FOR
WINTER SPRINGS COMMISSIONER JOANNE M. KREBS
TO WORK WITH STATE OF FLORIDA REPRESENTATIVE
JASON BRODEUR ON THIS ISSUE, AND PROVIDING FOR
AN EFFECTIVE DATE.
'WHEREAS, the Florida Constitution and Chapters 163 and 166, Florida Statutes confer
broad home rule authority on municipalities to regulate the use of land in furtherance of the public's
health, safety and general welfare; and
'WHEREAS, most municipalities have adopted land development regulations, which
typically for a variety of housing types, including single family homes; and
IIHEREAS, single family home neighborhoods generally are of low density and consist of
traditional family units; and
WHEREAS, the United States Supreme Court has recognized that reserving land for single
family residences preserves the character of neighborhoods, securing "zones where family values,
youth values, and the blessings of quiet seclusion and clean air make the area a sanctuary for
people." See City of Edmonds v. Oxford House. 514 U.S. 725. 733 (1995); and
WHEREAS, municipalities recognize the need to preserve the character and quality of life
offered by single family home neighborhoods, as expressed by the United States Supreme Court
against the goals and objectives of the State and Federal Fair Housing Acts and the Americans with
Disabilities Act; and
WHEREAS, state legislation already exists which requires municipalities to provide
adequate housing opportunities for residents of community residential homes, and substance abuse
treatment facilities, and which promote the goals of the state and federal fair housing acts and the
American with Disabilities Acts, but do not result in adverse impacts to zoning schemes; and
WHEREAS, there has been a proliferation of halfway houses or sober houses in the single
family residential neighborhoods throughout the State of Florida; and
City of Winter Springs, Florida
Resolution 2013 -32
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WHEREAS, it is common for halfway houses or sober houses to accommodate two adults
per bedroom in single family homes for a varying limited period of residency, typically a two to
three month period; and
'WHEREAS, the six to ten adults who may be residing in a halfway or sober house are
typically required to work, attend school, or do volunteer work as part of their sober living
arrangements with the operators of the facilities, which necessitates the use of a corresponding
number of vehicles; and
'WHEREAS, typically a single family home can only accommodate as many vehicles as can
be parked in the garage or driveway of the single family home; and
'WHEREAS, it is not common for there to be a transition of families four to six times per
year in single family home neighborhoods; and
'WHEREAS, the characteristics of halfway or sober houses are more consistent with those of
transient rental facilities than that of single family homes; and
WHEREAS, it is in the public interest and general welfare, and in keeping with the
preservation of the quality of life and character of single family neighborhoods to allow
municipalities to enact zoning regulations that regulate the location of halfway or sober houses as
transient living facilities; and
'WHEREAS, it is in the public interest and general welfare, and in keeping with the
preservation of the quality of life and character of single family neighborhoods to subject halfway
or sober houses to separation requirements similar to those statutory requirements which already
exist for community residential homes; and
WHEREAS, it is in the best interests of those individuals who are recovering from the
ravages of alcohol and/or drug addiction to be protected by requiring that the operators of halfway
or sober houses be licensed by the Department of Children and Families as is currently required for
the operators of residential treatment facilities.
NOW THEREFORE, BE IT &SOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA THAT:
&ction I. The Florida League of Cities is urged to vigorously pursue and promote
legislation during the 2014 session of the Florida Legislature which specifically recognizes that
municipalities may regulate the location of halfway or sober houses as transient rental facilities;
and/or establishes separation requirements similar to those which apply to community residential
homes that require the operators of halfway or sober houses to be licensed by the Department of
Children and Families similar to the operators of Residential Treatment Programs.
City of Winter Springs, Florida
Resolution 2013 -32
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Section II. The City Clerk shall provide copies of this Resolution to the President of the
Florida Senate, the Speaker of the Florida House of Representatives, the Governor of the State of
Florida, as well as the Florida League of Cities.
Section III. The City of Winter Springs' City Clerk shall forward a copy of this Resolution
to Seminole County, and to each member of the Seminole County Board of County Commissioners,
for his or her respective consideration.
Section IV. The City of Winter Springs' City Clerk shall forward a copy of this Resolution
to the Tri- County League of Cities.
Section V. That this Resolution shall become effective immediately upon passage and
adoption.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Regular
Meeting duly assembled on the 9th day of December 2013.
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ATTEST•
AND RENZO- LUACES, City Clerk
Approved as to legal form and sufficiency for
the City inter Springs, Florida only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs, Florida
Resolution 2013 -32
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