Ordinance 2017-37 ORDINANCE NO. 2017 - 37
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2017-17,
BY EXTENDING A TEMPORARY MORATORIUM ON CANNABIS
DISPENSING BUSINESSES TO DECEMBER 31, 2017, PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR NON-INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on November 8, 2016, Florida voted to amend the Florida Constitution to
legalize the cultivation, production, and dispensing of medical cannabis for a broader population
of eligible patients; and
WHEREAS,on June 9,2017,the Florida Legislature enacted Senate Bill 8-A,which stated
in part that "A county may determine by ordinance the criteria for the location of, and other
permitting requirements that do not conflict with state law or departmental rule for, all such
dispensing units located within the unincorporated areas of that county;" and
WHEREAS, Collier County Ordinance No. 2017-17 placed a temporary moratorium on
the opening of certain new cannabis dispensing facilities, and on the expansion or relocation of
certain existing cannabis dispensing facilities with the intent of allowing the Board of County
Commissioners (Board) the time reasonably necessary to investigate the impacts of cannabis
dispensing facilities, and if necessary, to promulgate reasonable regulations relating to such
establishments; and
WHEREAS, based on the new legislation, the Board finds it necessary to extend the
expiration date of the temporary moratorium from October 10, 2017 to December 31, 2017.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: Amendment to Section Three of Ordinance No. 2017-17.
Ordinance No. 2017 -17 is hereby amended to extend the moratorium until December 31,
2017.
SECTION TWO: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
Words Underlined are added;Words Struck-Through are deleted.
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separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: Non-Inclusion in the Code of Laws and Ordinances.
Given the temporary nature and effect of this Ordinance, it is the intent of the Board of
County Commissioners that this Ordinance not be codified.
SECTION FOUR: Effective Date.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this Z(:'r-\- day ofSc- ,-r' e.y', 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
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DWIGHT. .'JR-OCK,Clerk COLLIER 0 TY, FLORIDA
By:W-C 114111p2A By: % _
,pep k Penny Tay CHAIRW 4 r •N
Attest as to Chairman
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Approvedorm and legality:
Jeffrey A. z ow, County Attorney
This ordinance filed with the
Secretary of Sn::t s Office the
day of
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
September 28, 2017
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha S. Vergara, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2017-37, which was filed in this office on September 28,
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
www.dos.state.fl.us