Ordinance 2017-51 ORDINANCE NO. 2017 - 51
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2017-17,
AS AMENDED, BY EXTENDING A TEMPORARY MORATORIUM ON
CANNABIS DISPENSING BUSINESSES TO JUNE 30, 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.
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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 12.M- day orber.locApicse, 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. O ,,Clerk COLLIE' Cip TY, FLORIDA
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By: 4.,4 Oh,v By:
Attest as t,
N,: {,, Clerk Penny T/147HAI' •• io
siature only.
Approve. as to ( ,! and legality:
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Jeffrey A. Klatz 'o , County Attorney
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Page 2 of 2
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
December 13, 2017
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples,Florida 34101-3044
Attention: Ann Jennejohn
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. 2017-51, which was filed in this office on December 13,
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