The most pressing topic during the meeting was the proposed ordinance aimed at establishing reasonable accommodation procedures for certified recovery residences. This ordinance, prompted by recent changes in Florida legislation, seeks to comply with federal mandates under the Fair Housing Act and the Americans with Disabilities Act. The town attorney explained that individuals undergoing treatment for substance abuse are recognized as disabled under these acts, thereby entitling them to request accommodations from local regulations. The ordinance mandates that recovery residences obtain certification and follow specific application procedures, a move designed to mitigate potential political backlash from community opposition.

A significant part of the discussion revolved around the influence of local homeowner and condominium associations on the establishment of recovery residences. Despite the town’s new regulations, these associations retain the authority to enforce their own rules, such as occupancy limits or guidelines on short-term rentals. This distinction is crucial, as it means that association rules could potentially restrict recovery residences more than town regulations might.

Concerns were raised about the possibility of high-rise developments on vacant lots, particularly a property south of Tuscana, and how the presence of recovery residences might affect these developments. Although the town has limited control over constructions due to residential zoning laws allowing structures up to three stories, the board emphasized the need to regulate the density of recovery residences to prevent the formation of a treatment center district, which has been problematic in other municipalities.

Another layer of complexity emerged with the nature of recovery residences themselves. These are not classified as businesses under current law, which exempts them from needing commercial permits. This lack of oversight raises concerns about the residences’ operation without the usual licensing or business tax receipts if they exclusively provide housing for individuals in treatment. It was noted that no requests for reasonable accommodations had been recorded in Highland Beach, but the potential for such requests remains a point of consideration.

Socioeconomic factors also play a role in the establishment of recovery residences, with members noting that Highland Beach’s affluence could attract wealthier individuals seeking recovery services. This could influence community perceptions and impact local dynamics, as affluent individuals might integrate more seamlessly into the community compared to lower-income populations, which might be more visible and subject to negative stereotypes.

The board also discussed Senate Bill 180, which limits municipalities from enacting more restrictive regulations than those existing at the state or federal level. This bill, effective as of August 2024, has faced legal challenges from municipalities seeking to prevent its enforcement. The implications of this bill on local governance, particularly in relation to recovery residences and zoning issues, were a critical point of discussion.

In addition to these topics, the board addressed a development order application for a special exception to install a 20,000-pound capacity boat lift on South Ocean Boulevard. The town planner presented the application, noting that the applicant had already received approvals from the Florida Department of Environmental Protection and the Army Corps of Engineers. After discussing the technical aspects, such as the boat lift’s specifications and its compliance with town code height requirements, the board heard no public comments and unanimously approved the application.