Agenda 12/12/2017 Item #17L12/12/2017
EXECUTIVE SUMMARY
Recommendation to adopt an amendment to Ordinance No. 2017-17 extending the temporary
moratorium on the opening of certain new cannabis dispensing facilities from December 31, 2017 to
June 30, 2018.
_____________________________________________________________________________________
OBJECTIVE: To extend the temporary moratorium on the opening of certain new cannabis dispensing
facilities from December 31, 2017, to June 30, 2018.
CONSIDERATIONS: 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. To implement this constitutional amendment, 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.
On May 9, 2017, the Board of County Commissioners (Board) enacted Collier County Ordinance No.
2017-17, which placed a temporary moratorium through October 10, 2017, 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 the time reasonably necessary to investigate the impacts of
cannabis dispensing facilities, and if necessary, to promulgate reasonabl e regulations relating to such
establishments. On July 11, 2017, the Board extended the moratorium to December 31, 2017, to allow
time for further investigation. In that time, the Legislature has not provided further clarification or rule
making regarding local control, but it is anticipated that during the January through February 2018
Legislative Session, additional guidance will be provided on the issue.
During the Board’s meeting of November 14, 2017, the Board expressed its desire to extend the
temporary moratorium to June 30, 2018, in anticipation of additional clarification or rule making from the
Legislature during the January through March 2018 Legislative Session.
FISCAL IMPACT: There are no fiscal impacts associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To adopt the attached Ordinance amending Ordinance 2017-17 to extend the
temporary moratorium on the opening of certain new cannabis dispensing facilities from December 31,
2017, to June 30, 2018.
Prepared By: Jeremy Frantz, AICP, Land Development Code Manager, Zoning Division
ATTACHMENT(S)
1. Moratorium Extension - 6-30-18 (PDF)
2. Legal Ad - Agenda ID 3773 (PDF)
12/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.L
Doc ID: 3773
Item Summary: Recommendation to adopt an amendment to Ordinance No. 2017-17 extending
the temporary moratorium on the opening of certain new cannabis dispensing facilities from December
31, 2017 to June 30, 2018.
Meeting Date: 12/12/2017
Prepared by:
Title: Planner, Senior – Zoning
Name: Jeremy Frantz
11/14/2017 6:34 PM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
11/14/2017 6:34 PM
Approved By:
Review:
Zoning Michael Bosi Additional Reviewer Completed 11/15/2017 7:57 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 11/15/2017 10:47 AM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 11/15/2017 5:05 PM
Growth Management Department James French Deputy Department Head Review Completed 11/16/2017 10:42 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/17/2017 3:59 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/17/2017 4:23 PM
County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 11/21/2017 10:32 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/28/2017 3:10 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/29/2017 11:57 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM
ORDINANCE NO, 2017 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2017-179
AS AMENDED, BY EXTENDING A TEMPORARY MORATORIUM ON
CANNABIS DISPENSING BUSINESSES TO JUNE 309 2018, 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, on September 26, 2017, the Board of County Commissioners (Board), via
Ordinance No. 2017-37, extended the expiration date of the temporary moratorium from October
10, 2017 to December 31, 2017; and
WHEREAS, the Board finds it necessary to further extend the expiration date of the
temporary moratorium from December 31, 2017 to June 30, 2018, as the State of Florida is still in
the process of promulgating the necessary administrative regulations and in light of potential
legislative changes to the existing statute.
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, as amended, is hereby amended to extend the moratorium until
June 30, 2018.
Page 1 of 2
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
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 day of 52017.
ATTEST:
DWIGHT E. BROCK, Clerk
Approve
r
Jeffrey A. Kla
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By•
Deputy Clerk
and legality.-
County
egality:County Attorney
Penny Taylor, CHAIRMAN
Words Underlined are added; Words are deleted.
Page 2 of 2
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LftN
NOTICE OF INTENT TO
CONSIDER ORDINANCE
Notice is hereby given that
on December 12, 2017, in
the Boardroom, Third, Floor,
Administration Building,
Collier County Government
Center, 3299 Tamiami Trail
East, Naples, Florida,, the Board
of County Commissioners,
will consider the enactment
of a County Ordinance. The
meeting will commence at 9:00
A.M. `The title of the proposed
Ordinance is as follows:
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO.
2017-179 AS AMENDED, BY
EXTENDING A TEMPORARY
MORATORIUM ON CANNABIS
DISPENSING BUSINESSES TO
JUNE 309 2018, PROVIDING FOR
CONFLICT AND SEVERABILITY;
PROVIDING FOR NON-
INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE
DATE.
A Copy of theproposed
Ordinance is on file with the
Clerk to the Board and is
available for inspection. All
interested parties are invited
to attend and be heard.
NOTE: All persons wishing
to speak on any agenda
item must register with
the County administrator
prior topresentation of the
item tem to be addressed.
Individual speakers will be
limited to 3 minutes on any
item. The selection of an
individual to speak on behalf
of an organization or group is
i encouraged. If recognized by
the Chairman, a spokesperson
for a group or organization
may be allotted 10 minutes to
speak on an item.
Persons wishing to have
written or graphic materials
included in the Board agenda
packets must submit said
material a minimum of 3
weeks prior to the respective
public hearing. In any case,
written materials intended to
be considered by the Board
shall be submitted to the
appropriate County staff, a
minimum of seven days prior
to the public hearing. All
material used in presentations
before the Board will become
a permanent part of the
record.
Any person who decides
to appeal a decision of the
Board will need a record of
the proceedings pertaining
thereto and therefore, may
need to ensure that a verbatim
record of the proceedings is
made, which record includes
the testimony and evidence
upon which the appeal is
based.
If you are a person with a
disability who needs any
accommodation in order to
participate in this proceeding,
you are entitled, at no cost to
you, to the provision of certain
assistance. Please contact
the Collier County Facilities
Management Department,
located at 3335 Tamiami Trail
East, Suite #101, Building W,
Naples, Florida 34112, (239)
252-8380. Assisted listening
devices for the hearing
impaired are available in
the County Commissioners'
Office.
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY, FLORIDA
PENNY TAYLOR, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy
Clerk
(SEAL)
November22, 2017 No.1829355