TEMPORARY MORATORIUM OF MEDICAL MARIJUANA …

ORDINANCE 17-31

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, REGARDING MEDICAL MARIJUANA, EXTENDING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSING ORGANIZATIONS AND MEDICAL MARIJUANA TREATMENT CENTERS WITHIN THE UNINCORPORATED AREA OF MANATEE COUNTY FOR A PERIOD OF 90 DAYS; PROVIDING FOR APPLICABILITY; PROVIDING FOR DURATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS. the Florida Legislature in 2014 enacted a medical marijuana hm. the "Compassionate Medical Cannabis Act of 20 14" (coeli tied as Sect ion 381.986. Florida Statutes) which authorized a limited number of large nurseries tn cultivate. process. transport. and dispense non-euphoric. km THC cannabis and operate as "Dispensing Organizations" for individuals v,ith certain specified serious ailments: and

WHEREAS. the Florida Legislature in 2016 amcmkd the Compassionate Medical Cannabis Act (Section 381.986. Florida Statutes) tn include the usc of "medical marijuana" for eligible patients\\ ith terminal conditions: and

WHEREAS. the 2016 Amendment to Section ~81 .986. !lorida Statutes. e:-.;panded the type of marUuana available to eligible patients be)ond low THC cannabis to include all types of marijuana. and the statutory amendment has been codified and has become effective in the State of Florida: and

WHEREAS. on November 8. 2016. Florida's voters'' ill have voted on an amendment to the Florida Constitution. titled "lise of Marijuana for Debilitating Medical Conditions" ("Amendment 2"): and

WHEREAS. Amendment 2 fully legalizes the medical usc of marijuana throughout the State of Florida for those indi\ iduals \\ ith specified "debilitating" conditions. and authorizes the cultivation. processing. distribution and sale of marijuana and related activities b) licensed "Medical Marijuana Treatment Centers": and

WHEREAS. a comprchens iv~.? state licensing and regulator) frame\\ ork for the culti\ation. processing and dispensing of cannabis under the Compassionate Medical Cannabis Act of2014 (the "Act") presently c:-.:bts: and

ORDINANCE 17-31

WHEREAS, Section 381.986(8)(b), Florida Statutes, pro\ ides that the criteria for the number and location ol'and other permitting requirements that do not cnnflict \Vith state Ia\\ or Department of llealth rules may he establishL'd b) localordinancL': and

WHEREAS, dispensing of cannabis remains illegal under federal law, and the U.S. Department of Justice has discussed federal enforcement of such laws with respect to state regulated cannabis operations in the 2013 "Cole Memorandum;" and

WHEREAS, the potential for adverse secondary effects associated with Medical Marijuana Treatment Centers and Medical Marijuana Dispensary Organizations exist within Manatee County; and

WHEREAS, Section 125.0 I, Florida Statutes, authorizes the Board of County Commissioners of Manatee County, Florida (the "Board"), to prepare and enforce comprehensive plans for the development of the County, and to establish, coordinate, and enforce zoning regulations for the protection of the public; and

WHEREAS, Section 163.3167, Florida Statutes, authorizes Manatee County (the "County") to adopt and amend comprehensive plans to guide future development and growth, and to implement adopted or amended comprehensive plans by the adoption of appropriate land development regulations; and

WHEREAS, Section 163.3194, Florida Statutes, requires all land development regulations to be consistent with the adopted comprehensive plan; and

WHEREAS, Section 163.3202, Florida Statutes, requires the County to adopt or amend and enforce land development regulations that are consistent with and implement the adopted comprehensive plan, including, but not limited to, provisions regulating the use of land to ensure the compatibility of adjacent uses among other matters; and

WHEREAS, on May II. 1989. the Board enacted Ordinance No. 89-0 I adopting the Manatee County Comprehensi\e Plan (the "Comprehensive Plan"). \\hich has been subseq ucntl y amended: and

WHEREAS, on June 4, 2015, the Board enacted Ordinance No. 15-17 amending and restating the Manatee County Land Development Code (the "Land Development Code") which has been subsequently amended; and

WHEREAS, County staff has recommended that the Comprehensive Plan, Land Development Code and Manatee County Code of Ordinances be reviewed and revised as necessary since there are no current regulations governing the use of real property for purposes of cultivating, processing, and distributing or selling marijuana or related activities, and such uses are neither lawfully existing or permissible within Manatee County; and

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ORDINANCE 17-31

WHEREAS, in order to promote effective land use planning if a Dispensing Organization should seek to operate in Manatee County, the Board wishes to preserve the status quo while researching, studying and analyzing the potential impact of Medical Marijuana Dispensing Organizations and Medical Marijuana Treatment Centers upon nearby properties; and

WHEREAS, on December 13, 2016, the Board received comments regarding the regulatory structure regarding medical marijuana and low THC cannabis and adopted Ordinance No. 16-49 to establish a temporary moratorium as specified in Ordinance No. 16-49 on the establishment and operation of medical marijuana dispensary organizations and medical marijuana treatment centers; and

WHEREAS, the Board adopted findings in Ordinance No. 16-49 providing that a temporary moratorium on the establishment and operation of Medical Marijuana Dispensing Organizations and Medical Marijuana Treatment Centers would allow County staff sufficient time to investigate the impacts of cannabis distribution facilities; to determine what uses are best suited for particular zoning categories and how best to formulate amendments to the Comprehensive Plan, if required and the Land Development Code and to enable the advertising of public hearings to consider adoption of said amendments; and

WHEREAS, the Board adopted findings in Ordinance No. 16-49 providing that a temporary moratorium on the acceptance, processing and issuance of development permits, development orders or any other official action of Manatee County permitting or having the effect of permitting new Medical Marijuana Treatment Facilities and Dispensing Organizations will allow time to review, study, hold public hearings and prepare and adopt amendments to the Code of Ordinances; and

WHEREAS, on May 4, 2017, the Board received comments regarding the necessity for an extension of the temporary moratorium previously enacted by Ordinance No. 16-49 for a period of 90 days and directed the preparation of an ordinance to accomplish this purpose and further authorized publication of notices and scheduling of public hearings to consider the proposed extension ofthe temporary moratorium ordinance.

NOW THEREFORE BE IT ORDAINED, by the Board of County Commissioners of Manatee County, Florida:

Section I. Purpose and Intent. This Ordinance is enacted to carry out the purpose and intent of, and exercise the authority set out in, the Community Planning Act, as codified in the applicable portions of Chapter 163, Part II, Florida Statutes (20 16) as amended, and Chapter 125, Florida Statutes, as amended.

Section 2. Findings. The recitals set forth in the "'Whereas" clauses above are true and correct and are hereby adopted as findings by the Board for the adoption of this Ordinance.

Section 3. Temporary Moratorium. The temporary moratorium previously enacted by Ordinance No. 16-49 is hereby extended on the establishment and operation of Medical Marijuana Dispensary Organizations and Medical Marijuana Treatment Centers (as referenced in Section

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ORDINANCE 17-31

381.986, Florida Statutes and Constitutional Amendment 2 respectively) within the unincorporated areas of Manatee County for a period of90 days through and including September 16,2017. While the moratorium is in effect. the County shall not accept, process or aflprove, any application relating to the establishment or operation of a Medical Marijuana Dispensing Organization or Medical Marijuana Treatment Center. Nothing in this extension of the temporary moratorium shall be construed to prohibit the permitted use of medical marijuana or low THC cannabis by a qualified or eligible patient, as determined by a licensed Florida physician pursuant to Amendment 2, Section 381.986, Florida Statutes or other Florida law as applicable.

Section 4. Definitions. For purposes of this temporary moratorium, the following definitions apply as these terms are used in this Ordinance:

(a) ''Medical Marijuana Treatment Center" means an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments). transfers, transports, sells, distributes, dispenses or administers marijuana or products containing marijuana, related supplies, or education materials to qualifying patients or their caregivers and is registered by the Florida Department of Health.

(b) ''Dispensing Organization" means an organization approved by the Florida Department of Health to cultivate, process, transport, and dispense low THC cannabis or medical cannabis pursuant to Section 381.986, Florida Statute.

(c) "Establishment" means development orders, development permits and any other official action of Manatee County permitting or having the effect of permitting the operation of Medical Marijuana Treatment Facilities or Medical Marijuana Dispensing Organizations, including without limitation: building permits, zoning compliance permits, administrative permits, certificates of occupancy, special permits, temporary use permits, site plans, subdivisions (preliminary and final plats), rezoning, development agreements, DRI (Development of Regional Impact), Comprehensive Plan Future Land Use Map amendments (site specific) and variances.

Section 5. Effective Date: This Ordinance shall become effective as provided by law. The temporary moratorium as enacted by Ordinance No. 16-49 is hereby extended for a period of ninety (90) days measured from June 18,2017, and expiring on September 16,2017, unless the Board rescinds or extends the moratorium by subsequent ordinance.

Section 6. The Board directs the County Administrator to have County staff continue to initiate a zoning review of Medical Marijuana Dispensing Organizations and Medical Marijuana Treatment Centers and to prepare a report containing recommendations as to appropriate amendments to the Comprehensive Plan, if necessary and the Land Development Code to address regulating Medical Marijuana Dispensing Organizations and Medical Marijuana Treatment Centers consistent with applicable law.

The County Administrator is also directed to have County staff perform a review of the County Code of Ordinances and prepare a staff report containing recommendations as to

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ORDINANCE 17-31

appropriate amendments to the County Code of Ordinances to address regulating Medical Marijuana Dispensing Organizations and Medical Marijuana Treatment Centers consistent with applicable law.

Section 7. Severability. If any section, sentence, clause or any other prov1s1on of this Ordinance shall be held invalid or be found unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be construed so as to render invalid or unconstitutional the remaining sections, sentences, provisions or clauses of this Ordinance.

Section 8. Codification. The publisher of the County's Land Development Code, the Municipal Code Corporation, is directed to incorporate the amendments contained within Sections 3, 4, and 5 of this Ordinance into the Manatee County Land Development Code as follows: Chapter I, General Provisions, as a new Section I09, Medical Marijuana -Temporary Moratorium. The publisher of the County's Code of Ordinances, the Municipal Code Corporation, is directed to incorporate the amendments contained within Sections 3, 4 and 5 of this Ordinance into the County Code of Ordinances as follows: Part Ill, Code of Ordinances, Chapter 2-25, Planning and Development, as a new Article V, Medical Marijuana-Temporary Moratorium, and a new Section 2-25-45.

this~_ o~ DULY ADOPTED with a quorum present and voting,

day

,

2017.

BOARD OF COUNTY COMMISSIONERS

OF MANATEE COUNTY, FLORIDA

)

/

!?I

By:_~t}jQ.,.oof----

ATTEST: ANGELINA COLONNESO

( CLERK OF THE CIRCUIT COURT AND COMPTROLLER

By:_____._.,L)~:ek~~~Deputy Clerk

5

RICK SCOTT Governor

KEN DETZNER Secretary of State

June 8, 2017

Honorable Angelina Colonneso Clerk of the Circuit Court Manatee County Post Office Box 25400 Bradenton, Florida 34206 Attention: Vicki Tessmer Dear Ms. Colonneso: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Manatee County Ordinance 17-31, which was filed in this office on June 8, 2017. Sincerely,

Ernest L. Reddick Program Administrator ELR/lb

R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 dos.state.fl.us

From: To: Subject: Date: Attachments:

ords@ Vicki Tessmer; robert.eschenfelder@ Manatee County, FL Code of Ordinances - 1981 (10428) Supplement 102 Wednesday, June 14, 2017 8:57:56 AM ATT00001.bin ATT00002.bin

****THIS IS AN AUTOMATICALLY GENERATED EMAIL****

Below, you will find the material that we have received/recorded to your account. This material is being considered for inclusion in your next/current update, Supplement 102

Document Ordinance No. 17-041 Ordinance No. 17-20 Ordinance No. 17-31 Ordinance No. 17-35 Ordinance No. 17-37

Adopted Date 4/25/2017 4/25/2017 6/6/2017 6/6/2017 5/23/2017

Recorded 5/1/2017 5/16/2017 6/14/2017 6/14/2017 5/26/2017

Recorded Format Word Word Word Word Word

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