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Ordinance 2017-17 ORDINANCE NO.2017- 1 7 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING A TEMPORARY MORATORIUM ON CANNABIS DISPENSING BUSINESSES AS FURTHER DEFINED HEREIN; PROVIDING FOR PENALTIES, PROVIDING FOR NON-INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2014,the Florida Legislature enacted a law legalizing low-THC medical cannabis in Florida; and WHEREAS, in 2016, the Florida Legislature expanded the law to legalize medical cannabis in Florida; and WHEREAS, future constitutional amendments and legislation may further expand the legal use of cannabis in Florida; and WHEREAS, a comprehensive State licensing and regulatory framework for the cultivation, processing, and dispensing of cannabis now exists; and WHEREAS the comprehensive State licensing and regulatory framework directs that the criteria for the number and location of, and other permitting requirements that do not conflict with state law or department rule for, dispensing facilities of cannabis businesses may be determined by local ordinance; and WHEREAS, cannabis businesses licensed pursuant to the law have begun cultivating cannabis for processing and dispensing; and WHEREAS, the dispensing of cannabis is currently illegal under federal law and the United States Drug Enforcement Agency has recently confirmed that cannabis remains a Schedule I drug under federal law, but the United States Department of Justice has discussed federal enforcement of such laws with respect to state regulated cannabis operations in the 2012 "Cole Memorandum,"and; WHEREAS,potential adverse impacts on the health, safety, and welfare of residents and business from secondary effects associated with the distribution of cannabis exist, potentially including, offensive odors, trespassing, theft, fire hazards, increased crime in and about the dispensary, robberies, negative impacts on nearby businesses, nuisance problems, and increased DUI incidents; and WHEREAS, certain of the above potential adverse impacts are accentuated by the current difficulties experienced by cannabis businesses in obtaining banking services necessitating such businesses to operate on a cash basis; and WHEREAS, there exists the potential for misappropriation of medical cannabis to non-medical uses; and WHEREAS, an overabundance of dispensing facilities can affect the viability of such facilities, result in compliance issues, lead to the improper diversion of products, and accentuate threats to the public health, safety, and welfare; and WHEREAS, on November 8, 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, Florida laws relating to the cultivation, production, and dispensing of cannabis products are rapidly changing—raising substantial questions about whether cannabis-related land uses, as a category of commercial use, may have deleterious and negative secondary effects on surrounding land uses and communities; and WHEREAS, the purpose of this ordinance is to place a temporary moratorium on the opening of certain new cannabis dispensing facilities, and on the expansion or relocation of certain existing cannabis dispensing facilities; and WHEREAS, the Board of County Commissioners (Board) hereby finds that the temporary moratorium imposed by this ordinance is intended to give the 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, the Board hereby finds that this ordinance advances an important government purpose by reducing the likelihood of the unregulated negative secondary effects of cannabis dispensing facilities; and WHEREAS, the Board hereby finds that this ordinance is in the best interest of the public health, safety, and welfare; and WHEREAS, the Board has determined it is in the public interest to adopt this ordinance pursuant to the Board's police powers and Section 381.986, Florida Statutes, to protect the health, safety, and welfare of the public. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Purpose and intent. The purpose of this Ordinance is to provide the Board of County Commissioners of Collier County, Florida, with the opportunity to review the impact of recent changes in law and the potential passage of a constitutional amendment, as well as the impact of cannabis dispensing in other jurisdictions, to determine how such dispensing should be permitted or regulated in Collier County. SECTION TWO: Definitions. (1) The following words and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this Ordinance: a. Cannabis means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. 2 b. Cannabis dispensing business or business shall mean a business location offering cannabis for retail sale pursuant to a license to dispense cannabis issued under applicable law. c. Compassionate Use Act shall mean section 381.986, Florida Statutes, and chapter 2016-123, Laws of Florida, as amended from time to time, and any rules or regulations promulgated thereunder. d. State shall mean the State of Florida. (2) In addition to the definitions contained in Subsection (1), other terms used in this Ordinance shall have the meaning ascribed to them in the Compassionate Use Act, and such definitions are incorporated into this Ordinance by this reference. SECTION THREE: Temporary Moratorium. Beginning on the effective date of this Ordinance, a moratorium is hereby imposed on the opening of new cannabis dispensing businesses and on the expansion or relocation of existing cannabis dispensing businesses in Collier County. a. During the moratorium, it is unlawful and a violation of this ordinance for any person or entity to open or cause to be opened any cannabis dispensing business within Collier County. b. During the moratorium, it is unlawful and a violation of this ordinance for any person or entity to relocate or cause to be relocated any cannabis dispensing business within Collier County. c. During the moratorium, it is unlawful and a violation of this ordinance for any person or entity to expand or cause to be expanded any cannabis dispensing business within Collier County. d. During the moratorium, Collier County shall not accept, process or approve any application for business tax receipts, licenses, building permits, land use permits, or any development permits concerning or related to a cannabis dispensing business. e. During the moratorium, Collier County shall not accept, process or approve any business tax receipts, building permits, land use permits, or any development permits concerning or related to a cannabis dispensing business. f. During the moratorium, Collier County shall not accept, process or approve any licenses, permits, or approvals for any property, entity, or individual for the sale or dispensation of cannabis so long as this Ordinance is in effect. g. Absent further action by the Board,this moratorium will expire on October 10, 2017. Nothing in this temporary moratorium shall be construed to prohibit the use of cannabis pursuant to the Compassionate Use Act or other applicable Florida Law, or the delivery of cannabis in compliance with the Compassionate Use Act or other applicable Florida Law. 3 SECTION FOUR: Study and Recommendations. The County Manager is hereby directed to study, land development regulations for cannabis dispensaries and the impact of such regulations in other jurisdictions. SECTION FIVE: Penalties. Any person or entity who violates any provision of this Ordinance or who fails to comply therewith, or with any of the requirements thereof, shall be fined in an amount not exceeding five hundred dollars ($500.00) per violation, per day, or be imprisoned for a period of time not to exceed sixty (60) days. SECTION SIX: 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 SEVEN: 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 EIGHT: 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 c\day of , 2017. ATTEST: . ,,;; r.: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLL UNTY, FLORIDA -Cu, B y.' \, Dep Clerk Penny T r, CHAIR 4ff AN Attest..S to C sirnlan'S- signat,, . . r Approvy —,.- ''e 'orm and legality: 1 t V This ordinance filed with the i..: grAiry of t--t ,;afxF1t1 Jeffrey A. .tzkow, County Attorney and � f, acknowledgementhat \\11 filir, received) i i day °f VY �� V Y jr,Iasi) � 8y w► 4 4 ,,� Ado FLORIDA DEPARTMENT OfSTATE f RICK SCOTT KEN DETZNER Governor Secretary of State May 11, 2017 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ann P. Jennejohn, Deputy 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. 17-17, which was filed in this office on May 10, 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