Agenda 09/26/2017 Item #16K17 Proposed Agenda Changes
Board of County Commissioners Meeting
September 26,2017
Move Item 16E11 to Item 111: Recommendation to renew the annual Certificate of Public Convenience
and Necessity(COPCN)for Just Like Family Concierge Medical Transport Services,LLC.,DBA Concierge
Medical Transport(CMT)to provide Class 2 Advanced Life Support(ALS)inter-facility transport
ambulance service for a period of one year. (Commissioner Saunders'request)
Withdraw Item 16E24: Recommendation to approve the administrative reports prepared by the
Procurement Services Division for change orders and other items as identified. (Staff's request)
Add-On Item 16111: Proclamation designating October 10,2017 as the Republic of China(Taiwan)Day,
in honor of the relations and connections that the Taipei Economic and Cultural Office has made with
Southwest Florida and Collier County,and welcoming those Taiwanese businesses and entrepreneurs seeking
to develop business opportunities in our area. This proclamation will be delivered to Philip Wang,Director
General of the Taipei Economic and Cultural Office in Miami,Florida. (Commissioner Taylor's request)
Add-On Item 16H2: Proclamation recognizing Florence Jelks,Former Pinecrest Elementary School
Principal,for her dedication working tirelessly to achieve the goals of the Immokalee Community.
(Commissioner McDaniel's request)
Move Item 16K12 to Item 12A: Recommendation to reappoint five members to the Affordable Housing
Advisory Committee. (Commissioner Solis'request)
Withdraw Item 16K17: Recommendation to direct the County Attorney to advertise,and bring back
for a public hearing,an Ordinance to extend the temporary moratorium on the opening of certain new
cannabis dispensing facilities from October 10,2017 to December 31,2017. (County Attorney's request)
Move Item 17D to Item 9D: This item requires that ex parte disclosure be provided by Commission
members.Should a hearing be held on this item,all participants are required to be sworn in.
Recommendation to approve an insubstantial change to Ordinance No.2014-11,as amended,the Lord's Way
30 Acre RPUD,to add one deviation relating to signage,to modify one existing deviation relating to fences,
walls and landscape buffers,to reduce the minimum front and side yard setbacks and distance between
structures for single-family,single-family attached,and two-family and single-family zero lot line principal
structures,and to modify Exhibit C-2,Typical Lot Layout.The subject property is located on the south side
of The Lord's Way,approximately one-quarter mile east of Collier Boulevard,in Section 14,Township 50
South,Range 26 East,Collier County,Florida,consisting of+-30 acres. [PDI-PL20170000444]
(Commissioner Fiala's request)
Time Certain Items:
Item 10A to be heard at 11:00 a.m.
Item 11B to be heard at 11:15 a.m.
9/26/2017 8:42 AM
09/26/2017
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise, and bring back for a public hearing,
an Ordinance to extend the temporary moratorium on the opening of certain new cannabis
dispensing facilities from October 10, 2017 to December 31, 2017.
OBJECTIVE: To extend the temporary moratorium on the opening of certain new cannabis dispensing
facilities from October 10, 2017 to December 31, 2017.
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 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 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 suc h
establishments. During the Board’s meeting of July 11, 2017, the Board expressed its desire to extend the
temporary moratorium to December 31, 2017, to allow time for further investigation.
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 direct the County Attorney to advertise, and bring back for a public
hearing, an Ordinance to extend the temporary moratorium on the opening of certain new cannabis
dispensing facilities from October 10, 2017 to December 31, 2017.
Prepared by: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Proposed Ordinance - Moratorium (PDF)
2. Ordinance 2017-17 (PDF)
16.K.17
Packet Pg. 3314
09/26/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.17
Doc ID: 3608
Item Summary: Recommendation to direct the County Attorney to advertise, and bring back for a
public hearing, an Ordinance to extend the temporary moratorium on the opening of certain new cannabis
dispensing facilities from October 10, 2017 to December 31, 2017
Meeting Date: 09/26/2017
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
08/11/2017 11:46 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/11/2017 11:46 AM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/11/2017 1:08 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/14/2017 4:50 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 08/21/2017 11:51 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/23/2017 3:52 PM
Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM
16.K.17
Packet Pg. 3315
16.K.17.a
Packet Pg. 3316 Attachment: Proposed Ordinance - Moratorium (3608 : Authorization to Advertise Extension to Cannabis Moratorium)
16.K.17.a
Packet Pg. 3317 Attachment: Proposed Ordinance - Moratorium (3608 : Authorization to Advertise Extension to Cannabis Moratorium)
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
16.K.17.b
Packet Pg. 3318 Attachment: Ordinance 2017-17 (3608 : Authorization to Advertise Extension to Cannabis Moratorium)
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
16.K.17.b
Packet Pg. 3319 Attachment: Ordinance 2017-17 (3608 : Authorization to Advertise Extension to Cannabis Moratorium)
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
16.K.17.b
Packet Pg. 3320 Attachment: Ordinance 2017-17 (3608 : Authorization to Advertise Extension to Cannabis Moratorium)
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 ,;afxF1t1JeffreyA. .tzkow, County Attorney
andf, acknowledgementhat
11 filir, received) i i day
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4
16.K.17.b
Packet Pg. 3321 Attachment: Ordinance 2017-17 (3608 : Authorization to Advertise Extension to Cannabis Moratorium)
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
16.K.17.b
Packet Pg. 3322 Attachment: Ordinance 2017-17 (3608 : Authorization to Advertise Extension to Cannabis Moratorium)