When Zoning Collides With Treatment Access

Florida continues to face staggering rates of overdose deaths and a rising demand for treatment beds. Families, communities, and providers are in desperate need of expanded services. Yet, across the state, local zoning ordinances are increasingly being used as a quiet but powerful tool to block or restrict behavioral health and recovery facilities.

Cities often impose distance buffers that prohibit facilities from operating within a certain radius of schools, parks, or other community institutions. Others limit the number of recovery homes or clinics that can exist in a single neighborhood, regardless of the actual need for care. While these ordinances may be framed as neutral land-use decisions, in practice, they often squeeze out providers and prevent people from accessing the treatment that could save their lives.

The consequences are serious. Restrictive zoning doesn’t just inconvenience providers—it directly undermines public health by making it harder for people struggling with addiction or mental illness to find safe, local, and timely care. These tactics also raise major federal legal concerns. The Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) protect individuals in recovery, recognizing substance use disorders as disabilities under the law. When municipalities use zoning ordinances to isolate or exclude recovery facilities, they may be engaging in discrimination, opening themselves up to lawsuits and federal enforcement.

At Lynne Legal, we’ve seen firsthand how Florida providers get caught between the urgent need for services and restrictive local policies. We work with behavioral health organizations to:

Assess zoning risks before purchasing or leasing property, helping providers avoid costly surprises.

Challenge unlawful denials by documenting how local ordinances may conflict with federal protections.

Develop compliance strategies that balance community engagement with legal safeguards.

Litigate when necessary, ensuring that discriminatory zoning practices don’t go unchallenged.