Agenda 2/14/2023 Item # 9C (Protet the Health, safety, and welfare of citizens)9.0
02/ 14/2023
EXECUTIVE SUMMARY
Recommendation that the Board consider enacting an Ordinance banning the establishment or location of
medical marijuana treatment center dispensing facilities within unincorporated Collier County.
OBJECTIVE: To protect the health, safety, and welfare of citizens.
CONSIDERATION: During its January 24, 2023 Regular Meeting, the Board briefly considered, under Item
11A, whether to waive the nighttime hearing requirements of an LDC amendment that would permit medical
marijuana dispensaries in the same zoning districts as pharmacies in unincorporated Collier County. The discussion
quickly evolved into banning dispensaries within unincorporated Collier County. In keeping with this discussion,
the County Attorney prepared and advertised for public hearing a proposed ordinance that bans the establishment or
location of medical marijuana treatment center dispensing facilities within unincorporated Collier County.
FISCAL IMPACT: The cost of advertising the proposed ordinance was $500.50.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item was prepared by the County Attorney. Section 381.986(11), Florida
Statutes, authorizes local govermnents to ban the establishment or location of medical marijuana treatment center
dispensing facilities by ordinance. This item requires majority vote for approval. -JAK
RECOMMENDATION: That the Board consider enacting an Ordinance banning the establishment or location of
medical marijuana treatment center dispensing facilities within unincorporated Collier County.
Prepared by: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Ordinance - Prohibit Marijuana Dispensaries - numbered (PDF)
2.Ordinance - prohibit marijuana dispensaries - JAK signed (PDF)
3. legal ad - ban marijuana dispensaries (PDF)
Packet Pg. 170
9.0
02/14/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.0
Doc ID: 24534
Item Summary: Recommendation that the Board consider enacting an Ordinance banning the establishment or
location of medical marijuana treatment center dispensing facilities within unincorporated Collier County.
Meeting Date: 02/14/2023
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
01/27/2023 4:47 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
01/27/2023 4:47 PM
Approved By:
Review:
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Debra Windsor Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Susan Usher Additional Reviewer
Amy Patterson Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Completed
01/30/2023 8:46 AM
Completed
02/01/2023 9:01 AM
Completed
02/02/2023 12:19 PM
Completed
02/08/2023 9:35 AM
02/14/2023 9:00 AM
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9.C.1
1
ORDINANCE NO.2023 -
2 AN ORDINANCE OF THE BOARD OF COUNTY
3 COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
4 PROHIBITING MEDICAL MARIJUANA TREATMENT
5 CENTER DISPENSING FACILITIES FROM
6 ESTABLISHING OR LOCATING WITHIN
7 UNINCORPORATED COLLIER COUNTY; PROVIDING
8 FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
9 INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
10 AND PROVIDING FOR AN EFFECTIVE DATE.
11 WHEREAS, Art. X, §29, Fla. Const., entitled "Medical Marijuana production, possession
12 and use," was passed by electors of Florida in November 2016, which amended the Florida
13 Constitution to allow the use of marijuana in certain medical applications; and
14 WHEREAS, Art. X, §29, Fla. Const. defines Medical Marijuana Treatment Centers to mean
15 an entity that acquires, cultivates, possesses, processes (including development of related products
16 such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses,
17 or administers marijuana, products containing marijuana, related supplies, or educational materials to
18 qualifying patients or their caregivers and is registered by the Department of Health or its successor
19 agency;and
20 WHEREAS, On June 23, 2017, Senate Bill 8-A, relating to the medical use of marijuana, was
21 signed into law, implementing the provisions of Art. X, §29, Fla. Const. and substantially amending
22 Section 381.986, Florida Statutes, which provides in relevant part that "a county or municipality may,
23 by ordinance, ban medical marijuana treatment center dispensing facilities from being located within
24 the boundaries of that county or municipality;" and
25
26 WHEREAS, Pursuant to the authority provided to counties in Section 381.986(11), Florida
27 Statutes, the Board desires to enact such a ban prohibiting medical marijuana treatment centers from
28 establishing or locating medical marijuana dispensing facilities within unincorporated Collier County;
29 and
30 WHEREAS, the Board finds this Ordinance is in the best interest of the public's health,
31 safety, and welfare.
32 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
33 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
34 SECTION ONE: Title
35 This Ordinance shall be known and cited as the "Prohibition of Medical Marijuana Dispensing
36 Facilities" Ordinance.
37
38
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9.C.1
39 SECTION TWO: Purpose and Intent
40 The purpose of this Ordinance is to prohibit medical marijuana treatment center dispensing
41 facilities from establishing or locating within unincorporated Collier County.
42 SECTION THREE: Findings
43 Pursuant to the authority granted to counties in Section 381.986(11), Florida Statutes, the
44 Board finds that a ban on the establishment or location of medical marijuana treatment center
45 dispensing facilities within unincorporated Collier County is in the best interest of the County.
46 SECTION FOUR: Prohibition of Medical Marijuana Dispensing Facilities
47 (a) Prohibition. Medical marijuana treatment center dispensing facilities are prohibited and
48 shall not be established or located within unincorporated Collier County.
49 (b) Interpretation. This section and the terms used herein shall be interpreted in accordance
50 with the Florida Constitution, Florida Statutes, and the Florida Administrative Code.
51 SECTION FIVE: Penalties
52 All violations of this Ordinance may be processed according to the Collier County
53 Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions of
54 Parts I or II of Chapter 162, Florida Statutes, as may be applicable. A law enforcement official or
55 code enforcement officer is specifically authorized to issue a citation for each violation. Each day of
56 any such violation shall constitute a separate and distinct offense.
57 The County may also enforce this Ordinance by action in equity, including injunctive or
58 declaratory relief, in the appropriate court of competent jurisdiction.
59 SECTION SIX: Applicability.
60 This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County,
61 Florida.
62 SECTION SEVEN: Conflict and Severability
63 In the event this Ordinance conflicts with any other ordinance of Collier County or other
64 appliable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid
65 or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
66 distinct and independent provision and such holding shall not affect the validity of the remaining
67 portion.
68 SECTION EIGHT: Inclusion in the Code of Laws and Ordinances
69 The provisions of this Ordinance shall become and be made part of the Code of Laws and
70 Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered
71 to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other
72 appropriate word.
73
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9.C.1
74 SECTION NINE: Effective Date
75 This Ordinance shall become effective upon filing with the Secretary of State.
76 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
77 County, Florida, this day of 2023.
F
79 ATTEST:
80 CRYSTAL K. KINZEL, CLERK
81
82
83 By:
84 , Deputy Clerk
85
86
87 Approved as to form and legality:
88
89
90 Jeffrey A. Klatzkow, County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Rick LoCastro, Chairman
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9.C.2
ORDINANCE NO. 2023 -
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
PROHIBITING MEDICAL MARIJUANA TREATMENT
CENTER DISPENSING FACILITIES FROM
ESTABLISHING OR LOCATING WITHIN
UNINCORPORATED COLLIER COUNTY; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Art. X, §29, Fla. Const., entitled "Medical Marijuana production, possession
and use," was passed by electors of Florida in November 2016, which amended the Florida
Constitution to allow the use of marijuana in certain medical applications; and
WHEREAS, Art. X, §29, Fla. Const. defines Medical Marijuana Treatment Centers to mean
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, products containing marijuana, related supplies, or educational materials to
qualifying patients or their caregivers and is registered by the Department of Health or its successor
agency;and
WHEREAS, On June 23, 2017, Senate Bill 8-A, relating to the medical use of marijuana, was
signed into law, implementing the provisions of Art. X, §29, Fla. Const. and substantially amending
Section 381,986, Florida Statutes, which provides in relevant part that "a county or municipality may,
by ordinance, ban medical marijuana treatment center dispensing facilities from being located within
the boundaries of that county or municipality;" and
WHEREAS, Pursuant to the authority provided to counties in Section 381.986(11), Florida
Statutes, the Board desires to enact such a ban prohibiting medical marijuana treatment centers from
establishing or locating medical marijuana dispensing facilities within unincorporated Collier County;
and
WHEREAS, the Board finds this Ordinance is in the best interest of the public's health,
safety, and welfare.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Title
This Ordinance shall be known and cited as the "Prohibition of Medical Marijuana Dispensing
Facilities" Ordinance.
[23-BCC-01000/1767169/11
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9.C.2
SECTION TWO: Purpose and Intent
The purpose of this Ordinance is to prohibit medical marijuana treatment center dispensing
facilities from establishing or locating within unincorporated Collier County.
SECTION THREE: Findings
Pursuant to the authority granted to counties in Section 381.986(11), Florida Statutes, the
Board finds that a ban on the establishment or location of medical marijuana treatment center
dispensing facilities within unincorporated Collier County is in the best interest of the County.
SECTION FOUR: Prohibition of Medical Marijuana Dispensing Facilities
(a) Prohibition. Medical marijuana treatment center dispensing facilities are prohibited and
shall not be established or located within unincorporated Collier County.
(b) Interpretation. This section and the terms used herein shall be interpreted in accordance
with the Florida Constitution, Florida Statutes, and the Florida Administrative Code.
SECTION FIVE: Penalties
All violations of this Ordinance may be processed according to the Collier County
Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions of
Parts I or II of Chapter 162, Florida Statutes, as may be applicable. A law enforcement official or
code enforcement officer is specifically authorized to issue a citation for each violation. Each day of
any such violation shall constitute a separate and distinct offense.
The County may also enforce this Ordinance by action in equity, including injunctive or
declaratory relief, in the appropriate court of competent jurisdiction.
SECTION SIX: Applicability.
This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County,
Florida.
SECTION SEVEN: Conflict and Severability
In the event this Ordinance conflicts with any other ordinance of Collier County or other
appliable law, the more restrictive shall apply. If any phrase or portion of the 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 EIGHT: Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered
to accomplish such, and the word "ordinance" may be changed to "section,'° "article," or any other
appropriate word.
[23-Bcc-01000/1767168/11
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9.C.2
SECTION NINE: Effective Date
This Ordinance shall become effective upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of 2023.
ATTEST:
CRYSTAL K. KINZEL, CLERK
Jeffrey A.
, Deputy Clerk
and legality:
Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Rick LoCastro, Chairman
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9.C.3
16D I WEDNESDAY, FEBRUARY 1, 2023 1 NAPLES DAILY NEWS
.Your Source.:
i 1 1
for the latest... 1W
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO
CONSIDER AN ORDINANCE
Notice is hereby given that a
public hearing will be held by
the Collier County Board of
County Commissioners (BCC)
on February 14, 2023, in the
Board of County Commission-
ers Meeting Room, Third
Floor, Collier Government
Center, 3299 Tamiami Trail
East, Naples, FL, to consider
the enactment of a County
Ordinance. The meeting will
commence at 9:00 A.M. The ti-
tle of the proposed Ordinance
is as follows:
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERS OF COLLIER COUNTY,
FLORIDA, PROHIBITING
MEDICAL MARIJUANA TREAT-
MENT CENTER DISPENSING
FACILITIES FROM ESTABLISH-
ING OR LOCATING WITHIN
UNINCORPORATED COLLIER
COUNTY; PROVIDING FOR
CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND OR-
DINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE.
A copy of the proposed Ordi-
nance 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
Manager prior to presenta-
tion of the agenda item to be
addressed. Individual speakers
will be limited to 3 minutes
on any item. The selection of
any individual to speak on be-
half of an organization or
group is encouraged. If recog-
nized by the Chairman, a
spokesperson for a group or
organization may be allotted
10 minutes to speak on an
item.
Persons wishing to have writ-
ten or graphic materials in-
cluded in the Board agenda
packets must submit said ma-
terial a minimum of 3 weeks
prior to the respective public
hearing. In any case, written
materials intended to be con-
sidered by the Board shall be
submitted to the appropriate
County staff a minimum of
seven days prior to the public
hearing. All materials used in
presentations before the
Board will become a perma-
nent part of the record.
As part of an ongoing initia-
tive to encourage public in-
volvement, the public will
have the opportunity to pro-
vide public comments remote-
Iy, as well as in person, during
this proceeding. Individuals
who would like to participate
remotely should register
through the fink provided
within the specific
event/meeting entry on the
Calendar of Events on the
County website at www.collie
rcountyfl.gov/visitors/calendar-
of-events after the agenda is
posted on the County
website. Registration should
be done in advance of the
riPublic meeting, or any dead-
ne specified within the pub-
lic meeting notice. Individuals
who register will receive an
email in advance of the public
hearing detailing how they
can participate remotely in
this meeting. Remote partici-
pation is provided as a courte-
sy and is at the user's risk. The
County is not responsible for
technical issues. For additional
information about the meet-
ing, please call Geoffrey Willig
at 252-8369 or email to Geoffr
ey.Willig@colliercountyfl,gov.
Any person who decides to
appeal any decision of the
Board will need a record of
the proceedings pertaining
thereto and therefore, may
need to ensure that a verba-
tim 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 dis-
ability who needs any accom-
modation in order to partici-
pate in this proceeding, you
are entitled, at no cost to you,
to the provision of certain as-
sistance. Please contact the
Collier County Facilities Man-
agement Division, located at
3335 Tamiami Trail East, Suite
101, Naples, FL 34112-5356,
(239) 252-8380, at least two
days prior to the meeting. As-
sistedlistening devices for the
hearing impaired are availa-
ble in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMIS-
SIONERS
COLLIER COUNTY, FLORIDA
RICK LoCASTRO, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Martha Vergara, Deputy
Clerk
(SEAL)
Pub: Feb. 1, 2023 #5577945
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