Backup Documents 02/14/2023 Item # 9C BCC February 14, 2023
Ordinance Prohibiting Marijuana 9 C
Dispensaries in Collier Count
COLLIER COUNTY FLORIDA L) ,a/ii
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS ;�"' �_
To: Clerk to the Board: Please place the following as a: r^ ',„„,,,-.A
® Normal legal Advertisement ❑ Other:
(Display Adv., location,etc.)
Originating Dept/Div: County Attorney Person: Wanda Rodriguez 252-8123 Date: 1/26/23
Petition No. (If none,give brief description): an Ordinance prohibiting marijuana dispensaries in Collier County
Petitioner: (Name&Address): n/a
Name&Address of any person(s)to he notified by Clerk's Office:(If more space is needed,attach separate sheet)
I learina before BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 10+days before hearing.)February 14,2023 (ad to run on Wednesday,
February 1,2023)
Newspaper(s)to be used: (Complete only if important):
® Naples Daily News ❑ Other ❑ Legally Required
Proposed Text: (Include legal description&common location& Size):
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 ANI) ORDINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE.
Companion petition(s). if any&proposed hearing date: none
Does Petition kee include advertising cost? ❑ Yes ❑ No If Yes, what account should be charged for advertising costs:
�
P.O. No.4500220658
Reviewed bi: f', - :--.
\ ,, t 16 / 3
Division Administrator or Designee Date
List Attachhnents: proposed ordinance to be forwarded separately
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to Clerk's Office for processing. Note: If legal document is involved, be sure that any necessary legal review,
or request for same,is submitted to County Attorney before submitting to Minutes& Records. The Manager's office will
distribute copies:
❑ County Manager agenda file: to ❑ Requesting Division ❑ Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE US(i LV:
Date Received: I2, _ Date of Public hearing: ?r114 a?) Date Advertised: d 1 r3
9C
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.
9C
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.
9C
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: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk Rick LoCastro, Chairman
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
9C
Acct #525058 was 324207
February 26, 2023
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Ordinance Prohibiting Marijuana Dispensaries in Collier County
Dear Legals:
Please advertise the above referenced notice on Friday, February 1, 2023 (to be
placed in the classified section) and kindly send the Affidavit of Publication,
together with charges involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500220658
9C
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 Commissioners 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 title of the proposed Ordinance is as follows:
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.
A copy of the proposed 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 Manager prior to
presentation 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 behalf of an organization or group is 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 materials used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide
public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate
remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events
on the County website at www.colliercountyfl.gov/visitors/calendar-of-events after the agenda is posted on the
County website. Registration should be done in advance of the public meeting,or any deadline specified within the
public 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 participation is provided as a courtesy and is at the user's
risk. The County is not responsible for technical issues. For additional information about the meeting, please call
Geoffrey Willig at 252-8369 or email to Geoffrey.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 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 Division,located at 3335 Tamiami Trail East, Suite 101,Naples,FL 34112-5356,(239)252-8380,at
least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board
of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
RICK LoCASTRO, CHAIRMAN
9C
CRYSTAL K. KINZEL, CLERK
By: Martha Vergara,Deputy Clerk
(SEAL)
9C
Acct #525058 was 324207
February 26, 2023
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Ordinance Prohibiting Marijuana Dispensaries in Collier County
Dear Legals:
Please advertise the above referenced notice on Wednesday, February 1, 2023 (to
be placed in the classified section) and kindly send the Affidavit of Publication,
together with charges involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500220658
9C
Martha S. Vergara
From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com>
Sent: Thursday, January 26, 2023 12:33 PM
To: Martha S.Vergara
Subject: DO NOT REPLY
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
This is an auto generated email, please do not reply.
The legal department has received your email and will be processing your notice as soon as possible.
We will provide a proof as well as publication dates, cost and payment requirements prior to the notice
running.
All Legal/Public Notices will be processed for the desired publication if received by deadline.
Office Hours: Monday— Friday 8:00 am -5:00 pm CST/EST
Thank you for your business.
Gannett Legal/Public Notice Department
1
C
Martha S. Vergara
From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com>
Sent: Thursday, January 26, 2023 1:30 PM
To: Martha S. Vergara
Subject: RE: Ord. Prohibiting Marijuana Dispensaries in Collier County (BCC 2/14/2023)
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Hello,
Your account is currently suspended due to past due balances. Please contact our Finance Department at 877-736-7612
to resolve the issue.
Once resolved, please let me know by replying to this email and I will set up the notice. Your billing account number is
525058/324207.
Thank you,
Public Notices
LocaliQ I •USA NETWORKv
From: Martha S. Vergara <Martha.Vergara@collierclerk.com>
Sent:Thursday,January 26, 2023 12:32 PM
To: NDN-Legals<legals@naplesnews.com>
Subject: Ord. Prohibiting Marijuana Dispensaries in Collier County (BCC 2/14/2023)
Hello,
Please advertise the following attached on Wednesday, February 1, 2023.
The advertisement can be placed in that portion of the newspaper where
classified advertisements appear.
Please forward an ok when received, if you have any questions feel free to call.
Thanks,
Martha Vergara
BMR &VAB Senior Deputy Clerk
cutiT coURT Office: 239-252-7240
� �`�� Fax: 239-252-8408
Ac E-mail: martha.vergara@CollierClerk.com
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
e 3299 Tamiami Trail E, Suite #401
Naples, FL 34112
www.CollierClerk.com
1
9C
This electronic communication contains information intended solely for the named addressee(s). If you have received
this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com
and delete the email.
Under Florida Law, email addresses are public.
2
9C
Martha S. Vergara
From: Victoria A. Burgo
Sent: Thursday, January 26, 2023 1:56 PM
To: Mary E. Lockyear; Martha S. Vergara;Julita Horobin;Ashley Zuniga;Joanna Curbelo
Llorente
Cc: James N.Jenkins; Kelly Jones; Marty G. Rustin
Subject: RE: Ord. Prohibiting Marijuana Dispensaries in Collier County (BCC 2/14/2023)
Yes, ma'am,that's right. Q
I just checked the invoices in Dolphin and I do not currently see anything received and not yet been paid for account
525058 (old) 324207 (new). Additionally, account 324207 does not show a past due balance so the account should not
be suspended. I suspect there may be a different account with a large past due balance, such as zoning,that is causing
the issue. This had happened years ago and I did a large reconciliation to all accounts cleared up before I handed the
vendor back to AP for processing.
I am currently reviewing a pay app that Leslie needs to unblock today, so I will not be able to work on this right
away. Martha, would you please help me by requesting a statement from the vendor? They typically email it in Excel
format. Once you obtain the statement,you may forward directly to me and I'll begin reconciling it.
Thank you!
PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMI
LOCA * ACCOUNT NAME PAYMENT DUE DATE
Office Of The County Attorney PAYMENT
20,2022
Naples Daily News ACCOUNT NUMBER INVOICE NUMBER
Naples 32420Y 0005137201
CURRENT 30 DAYS SO DAYS 90 DAYS —� 120+DAYS UNAPPLIED
DUE PAST DUE PAST DUE PAST DUE PAST OUE PAYMENTS
$1,519.00 $0.00 $0.00 $0.00 S0.00 30.00
REMITTANCE.ADDRESS 1Includo A•.council A Inv& io san ch k1 TO PAY WITH CREDIT CARD PLEASE FILL DU
V13A n MASTERC:ARD DNS('OVER
Naples Daily News
P.O. Box 1412 card Nun Ito,i
Charlotte, NC 28201-1412 Cowte -
Su1ri Mu;c 0A0 _._..-
00003242070000000000000 51►37291►0015,19001264`
1
Victoria Burgo 9 C
Operations Supervisor
`�c,;�r couRr Office: 239-252-2785
ezz'� �`Pi Fax: 239-252-6179
Victoria.Burgo@CollierClerk.com
C
b Office of the Clerk of the Circuit Court
* * &Comptroller of Collier County
3299 Tamiami Trail E,Suite 700
Naples, FL 34112-5749
www.CollierClerk.com
From: Mary E. Lockyear<mary.lockyear@collierclerk.com>
Sent:Thursday,January 26, 2023 1:40 PM
To: Martha S.Vergara <Martha.Vergara@collierclerk.com>;Julita Horobin <julita.horobin@collierclerk.com>; Ashley
Zuniga <Ashley.Zuniga@collierclerk.com>;Joanna Curbelo Llorente<joanna.curbelo@collierclerk.com>
Cc:James N.Jenkins<James.Jenkins@collierclerk.com>; Kelly Jones<Kelly.Jones@collierclerk.com>; Marty G. Rustin
<marty.rustin@collierclerk.com>;Victoria A. Burgo <Victoria.Burgo@collierclerk.com>
Subject: RE: Ord. Prohibiting Marijuana Dispensaries in Collier County(BCC 2/14/2023)
Looping Victoria in because she knows more about Desk Spinco than we do.
Mary Lockyear
Contract Technician
`N�•.11 c,y q,.
Office: 239-252-7911
Mary.Lockyear@collierclerk.com
Y
Office of the Clerk of the Circuit Court
'y, � &Comptroller of Collier County
3299 Tamiami Trail E, Ste 700
Naples, FL 34112-5324
www.CollierClerk.com
From: Martha S.Vergara<Martha.Vergara@collierclerk.com>
Sent:Thursday,January 26, 2023 1:39 PM
To:Andrea Brown <andrea.brown@collierclerk.com>;Julita Horobin <iulita.horobin@collierclerk.com>; Ashley Zuniga
<Ashley.Zuniga@collierclerk.com>; Mary E. Lockyear<mars.lockyear@collierclerk.com>;Joanna Curbelo Llorente
<joanna.curbelo@collierclerk.com>
Cc:James N.Jenkins<James.Jenkins@collierclerk.com>; Kelly Jones<Kelly.Jones@collierclerk.com>; Marty G. Rustin
<marty.rustin@collierclerk.com>
Subject: FW: Ord. Prohibiting Marijuana Dispensaries in Collier County (BCC 2/14/2023)
Importance: High
Hello Everyone,
Apparently our account has been SUSPENDED DUE TO PAST DUE BALANCES.
Please see the email just received below.
2
Thanks, 9 C
Martha
From: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com>
Sent:Thursday,January 26, 2023 1:30 PM
To: Martha S.Vergara <Martha.Vergara@collierclerk.com>
Subject: RE: Ord. Prohibiting Marijuana Dispensaries in Collier County (BCC 2/14/2023)
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Hello,
Your account is currently suspended due to past due balances. Please contact our Finance Department at 877-736-7612
to resolve the issue.
Once resolved, please let me know by replying to this email and I will set up the notice. Your billing account number is
525058/324207.
Thank you,
Public Notices
LocaliQ I •USA NETWORKY
From: Martha S. Vergara <Martha.Vergara@collierclerk.com>
Sent:Thursday,January 26, 2023 12:32 PM
To: NDN-Legals<legals@naplesnews.com>
Subject: Ord. Prohibiting Marijuana Dispensaries in Collier County (BCC 2/14/2023)
Hello,
Please advertise the following attached on Wednesday, February 1, 2023.
The advertisement can be placed in that portion of the newspaper where
classified advertisements appear.
Please forward an ok when received, if you have any questions feel free to call.
Thanks,
Martha Vergara
BMR&VAB Senior Deputy Clerk
``otiTC1°uRT4 Office: 239-252-7240
`°q Fax: 239-252-8408
73
E-mail: martha.vergara@CollierClerk.com
Office of the Clerk of the Circuit Court
* * & Comptroller of Collier County
FRCO(
, 3299 Tamiami Trail E, Suite #401
"`ND( Naples, FL 34112
www.CollierClerk.com
3
96
This electronic communication contains information intended solely for the named addressee(s). If you have received
this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com
and delete the email.
Under Florida Law, email addresses are public.
4
9C
Martha S. Vergara
From: Martha S.Vergara
Sent: Monday, January 30, 2023 10:49 AM
To: Naples Daily News Legals
Subject: Ord. Prohibiting Marijuana Dispensaries in Collier County(BCC 2/14/2023)
Attachments: Ordinance Prohibiting Marijuana Dispensaries in Collier County (BCC 2-14-2023).docx;
Ordinance Prohibiting Marijuana Dispensaries in Collier County (BCC 2-14-2023).docx
Importance: High
Hello,
Please advertise the following attached on Wednesday, February 1, 2023.
The advertisement can be placed in that portion of the newspaper where
classified advertisements appear.
Please forward an ok when received, if you have any questions feel free to call.
Thanks,
Martha Vergara
BMR&VAB Senior Deputy Clerk
covi c'ovpr Office: 239-252-7240
Fax: 239-252-8408
Ar E-mail: martha.vergara@CollierClerk.com
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
°`el,, 3299 Tamiami Trail E, Suite #401
cot.'Nrr•rti
Naples, FL 34112
www.CollierClerk.com
1
9C
Acct #323630
January 30, 2023
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Ordinance Prohibiting Marijuana Dispensaries in Collier County
Dear Legals:
Please advertise the above referenced notice on Wednesday, February 1, 2023 (to
be placed in the classified section) and kindly send the Affidavit of Publication,
together with charges involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500220658
9C
Martha S. Vergara
From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com>
Sent: Monday, January 30, 2023 11:33 AM
To: Martha S.Vergara
Subject: RE: 5577945 - Ord. Prohibiting Marijuana Dispensaries in Collier County (BCC
2/14/2023)
Attachments: OrderConf.pdf
External Message: Please use caution when opening attachments,clicking links, or replying to this message.
Hello,
Your notice is scheduled to run on 2/1 in the Daily News.
The total cost is$500.50, which includes an affidavit that will be mailed to you after the final run date.
An order confirmation containing a proof of the notice is attached for your review.
Thank you,
Forrest Grade
Public Notice Representative
* LocaliQ USA TODAY
NETWORK
Office:844-254-5287
From: Martha S.Vergara <Martha.Vergara@collierclerk.com>
Sent: Monday,January 30, 2023 9:49 AM
To: NDN-Legals<legals@naplesnews.com>
Subject: 5577945-Ord. Prohibiting Marijuana Dispensaries in Collier County(BCC 2/14/2023)
Importance: High
Hello,
Please advertise the following attached on Wednesday, February 1, 2023.
The advertisement can be placed in that portion of the newspaper where
classified advertisements appear.
Please forward an ok when received, if you have any questions feel free to call.
Thanks,
1
Martha Vergara
BMR&VAB Senior Deputy Clerk
`stoo coukr Office: 239-252-7240
c� c ct`6: Fax: 239-252-8408
r E-mail: martha.vergara@CollierClerk.com
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
*e,„ 3299 Tamiami Trail E, Suite #401
Naples, FL 34112
www.CollierClerk.com
This electronic communication contains information intended solely for the named addressee(s). If you have received
this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com
and delete the email.
Under Florida Law, email addresses are public.
2
9C
Nitplrs Battu Dilettirq
PART OF THE USA TODAY NETWORK
BCC COMPREHENSIVE PL
3299 TAMIAMI TRL E#700
NAPLES FL 34112--574
Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due
1303804 0005577945 $500.50 $0.00 $500.50 Invoice $0.00 $500.50
Sales Rep: FGrade Order Taker: FGrade Order Created 01/30/2023
Product #Ins Column Agate Lines Start Date End Date
NDN-Naples Daily News 1 1.00 143 02/01/2023 02/01/2023
NDN-naplesnews.com 1 1.00 143 02/01/2023 02/01/2023
*ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION
9C
Text of Ad: 01/30/2023
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-
ly, as well as in person, during
this proceeding. Individuals
who would like to participate
remotely should register
through the link 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
ublic meeting, or any dead-
line 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
tnis meeting. rcemote 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-
sisted listening 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
9C
Martha S. Vergara
From: Martha S.Vergara
Sent: Monday, January 30, 2023 2:11 PM
To: 'Gannett Legals Public Notices 4'
Subject: RE: 5577945 - Ord. Prohibiting Marijuana Dispensaries in Collier County(BCC
2/14/2023)
Hello Forrest,
This ad has been reviewed and approved.
Please proceed with publishing as requested.
Thanks,
Martha
From:Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com>
Sent: Monday,January 30, 2023 11:33 AM
To: Martha S.Vergara <Martha.Vergara@collierclerk.com>
Subject: RE: 5577945-Ord. Prohibiting Marijuana Dispensaries in Collier County(BCC 2/14/2023)
External Message: Please use caution when opening attachments,clicking links, or replying to this message.
Hello,
Your notice is scheduled to run on 2/1 in the Daily News.
The total cost is$500.50, which includes an affidavit that will be mailed to you after the final run date.
An order confirmation containing a proof of the notice is attached for your review.
Thank you,
Forrest Grade
Public Notice Representative
* L. USA TODAY
0 NETWORK
Office:844-254-5287
From: Martha S.Vergara <Martha.Vergara@collierclerk.com>
Sent: Monday,January 30, 2023 9:49 AM
To: NDN-Legals<legals@naplesnews.com>
Subject: 5577945-Ord. Prohibiting Marijuana Dispensaries in Collier County(BCC 2/14/2023)
Importance: High
Hello,
1
9C
Please advertise the following attached on Wednesday, February 1, 2023.
The advertisement can be placed in that portion of the newspaper where
classified advertisements appear.
Please forward an ok when received, if you have any questions feel free to call.
Thanks,
Martha Vergara
BMR&VAB Senior Deputy Clerk
`gC0TCOU, . Office: 239-252-7240
c� c Fax: 239-252-8408
73
E-mail: martha.vergara@CollierClerk.com
aa
Office of the Clerk of the Circuit Court
� & Comptroller of Collier County
3299 Tamiami Trail E, Suite #401
' (bum-0
b m - � Naples, FL 34112
www.CollierClerk.com
This electronic communication contains information intended solely for the named addressee(s). If you have received
this communication in error, please forward the email in its entirety to the Clerk's Office at coliierclerk@collierclerk.com
and delete the email.
Under Florida Law, email addresses are public.
2
9C
Martha S. Vergara
From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>
Sent: Monday, January 30, 2023 2:02 PM
To: Martha S.Vergara; Minutes and Records
Cc: AlthouseTammy
Subject: proof approval: Ord. Prohibiting Marijuana Dispensaries in Collier County(BCC
2/14/2023)
Attachments: OrderConf.pdf
Martha,
Attorney approval is below, no staff or applicant on this one. Thank you,
Wanda Rodriguez, ACT, CPN1
Office of the County Attorney
(239) 252-8400
o RTINI0
•
s5..
ACP p (vim RORY BM
Program 1iVWGR1rW1111
SINCE
- - Cc rifled Piblic M.inaFcr
From: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov>
Sent: Monday,January 30, 2023 1:11 PM
To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>
Subject: RE: ad proof for approval: Ord. Prohibiting Marijuana Dispensaries in Collier County(BCC 2/14/2023)
Approved, and thank you.
Jeffrey A. Klatzkow
Collier County Attorney
(239) 252-2614
From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>
Sent: Monday,January 30, 2023 11:48 AM
To: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov>
Subject: ad proof for approval: Ord. Prohibiting Marijuana Dispensaries in Collier County(BCC 2/14/2023)
Jeff,
For your approval. The ordinance title is correct.
Wanda Rodriguez, ACT, CTM
i
Office of the County .attorney
9C
(239) 252-840o
�Ear.�rr't,
T l R t 1 MAY gariG
ACP y programSNil 1161).11 s r2 o 0 5C E
GI��W�VI111
From: Martha S.Vergara <Martha.Vergara@collierclerk.com>
Sent: Monday,January 30, 2023 11:44 AM
To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>
Subject: Ord. Prohibiting Marijuana Dispensaries in Collier County (BCC 2/14/2023)
EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Hi Wandallill
I used the Comp Planning account U.
Please see the attached ad proof for the referenced.
Let me know of any changes required.
Thanks,
Martha Vergara
BMR &VAB Senior Deputy Clerk
`„,„1.1 r Office: 239-252-7240
Fax: 239-252-8408
s z E-mail: martha.vergara@CollierClerk.com
Office of the Clerk of the Circuit Court
* * & Comptroller of Collier County
'b 3299 Tamiami Trail E, Suite #401
Naples, FL 34112
www.CollierClerk.com
This electronic communication contains information intended solely for the named addressee(s). If you have received
this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com
and delete the email.
Under Florida Law, email addresses are public.
Under Florida Law. e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead contact this office by telephone or in writing.
2
9C
Nap1ri B aiLa ;rws
PART OF THE USA TODAY NETWORK
BCC COMPREHENSIVE PL
3299 TAMIAMI TRL E#700
NAPLES FL 34112--574
Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due
1303804 0005577945 $0.00 $500.50 Invoice $0.00 $500.50
$500.50
Sales Rep: FGrade Order Taker: FGrade Order Created 01/30/2023
Product #Ins Column Agate Lines Start Date End Date
NDN-Naples Daily News 1 1.00 143 02/01/2023 02/01/2023
NDN-naplesnews.com 1 1.00 143 02/01/2023 02/01/2023
*ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION
9C
Text of Ad: 01/30/2023
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-
ly, as well as in person, during
this proceeding. Individuals
who would like to participate
remotely should register
through the link 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
public meeting, or any dead-
line 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
tnis meeting. nemote paruci- 9 C
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-
sisted listening 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
9C
4 * 4i
PART OF THE USA TODAY NETWORK
Published Daily
Naples, FL 34110
BCC COMPREHENSIVE PL ANNING DEV
3299 TAMIAMI TRL E#700
NAPLES,FL 34112-5749
Affidavit of Publication
STATE OF WISCONSIN
COUNTY OF BROWN
Before the undersigned they serve as the authority,
personally appeared said legal clerk who on oath says that
he/she serves as Legal Clerk of the Naples Daily News, a
daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida;
that the attached copy of the advertising was published in
said newspaper on dates listed. Affiant further says that the
said Naples Daily News is a newspaper published at
Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in
said
Collier County,Florida;distributed in Collier and Lee
counties of Florida,each day and has been entered as
second class mail matter at the post office in Naples,in
said Collier County,Florida,for a period of one year next
preceding the first publication of the attached copy of
advertisement;and affiant further says that he has neither
paid nor promised any person,or corporation any discount,
rebate,commission or refund for the purpose of securing
this advertisement for publication in said newspaper
issue(s)dated or by publication on the newspaper's
website,if authorized,on
Issue(s)dated:02/01/2023
Subscribed and sworn to before on February 21,2023:
//.171((.1
Notary,State of WI,County of Brown
1' 7-6(
My commission expires
Publication Cost:$500.50 KATHLEEN ALLEN
Ad No:0005577945 Notary Public
Customer No:1303804 State of Wisconsin
PO#: 4500220658
#of Affidavits: 1
This is not an invoice
9C
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-
ly,as well as in person, during
this proceeding. Individuals
who would like to participate
remotely should register
through the link 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
public 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
tprhniral icciiac For additional
C
information about the meet-
ing, please call Geoffrey Willig
at 252-8369 or email to Geoffr
ey.Willigecolliercountyfl.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-
sisted listening 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
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 Ci
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
** ROUTING SLIP**
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing_lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
3. County Attorney Office County Attorney Office JAK 2/14/23
4. BCC Office Board of County
Commissioners �L 1, (4 1113/Z 3
5. Minutes and Records Clerk of Court's Office 94.4
.2 /61;3 /i2:taili
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above may need to contact staff for additional or missing information.
Name of Primary Staff Wanda Rodriguez,ACP Phone Number 252-8123
Contact/Department Office of the County Attorney
Agenda Date Item was 2/14/23 Agenda Item Number 9C
Approved by the BCC
Type of Document(s) Ordinance prohibiting marijuana dispensaries Number of Original one
Attached in unincorporated Collier County Documents Attached
PO number or account N/A 15
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature(instead of stamp)? N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legality. (All documents to be signed by JAK
the Chairman,with the exception of most letters,must be reviewed and signed by the
Office of the County Attorney.)
4. All handwritten strike-through and revisions have been initialed by the County Attorney N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board.
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is uploaded to the
agenda. Some documents are time sensitive and require forwarding to Tallahassee within a
certain time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 2/14/23 and all changes made during the JAK N/A is not
meeting have been incorporated in the attached document. The County Attorney an option for
Office has reviewed the changes, if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the 11 N/A is not
BCC, all changes directed by the BCC have been made, and the document is ready for the an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05; 11/30/12;4/22/16;9/10/21
9C
ORDINANCE NO. 2023 -i 5
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-01000/1767168/1
9C
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
9C
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 /y h.,day of `1 jt j ) 2023.
ATTEST: n^!,?'n. BOARD OF COUNTY COMMISSIONERS
''CRYSTAL, INZ 1:.;'CI,,ERK COLLIER COUNTY, FLORIDA
By: :1 By: (---.207'
De�aut�.0 Rick LoCastro, Chairman
Attest asap Ehaanna0
sicrature anW''
Approve„ a; t i -•, and legality:
Jeffrey A.T at ow, County Attorney
This ordinance filed with the
Secretary of State's Office the
lliltday of WW1, 2OL?
and acknowledgernerit off that
!in fi received �2 t 11 clay
9C
- ,,,,„ix,,,
.: t
ot ,,_,,,:_,
....7.
.,.„,„, ,
FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
February 17, 2023
Martha Vergara, BMR& VAB
Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Martha Vergara,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of the Collier County Ordinance No. 2023-15, which was filed in this office on February
17, 2023.
If you have any questions or need further assistance,please contact me at (850) 245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Program Administrator
Florida Administrative Code and Register
ACO/rra
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
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