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Ordinance 2017-37 ORDINANCE NO. 2017 - 37 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2017-17, BY EXTENDING A TEMPORARY MORATORIUM ON CANNABIS DISPENSING BUSINESSES TO DECEMBER 31, 2017, PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR NON-INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 8, 2016, Florida voted to amend the Florida Constitution to legalize the cultivation, production, and dispensing of medical cannabis for a broader population of eligible patients; and WHEREAS,on June 9,2017,the Florida Legislature enacted Senate Bill 8-A,which stated in part that "A county may determine by ordinance the criteria for the location of, and other permitting requirements that do not conflict with state law or departmental rule for, all such dispensing units located within the unincorporated areas of that county;" and WHEREAS, Collier County Ordinance No. 2017-17 placed a temporary moratorium on the opening of certain new cannabis dispensing facilities, and on the expansion or relocation of certain existing cannabis dispensing facilities with the intent of allowing the Board of County Commissioners (Board) the time reasonably necessary to investigate the impacts of cannabis dispensing facilities, and if necessary, to promulgate reasonable regulations relating to such establishments; and WHEREAS, based on the new legislation, the Board finds it necessary to extend the expiration date of the temporary moratorium from October 10, 2017 to December 31, 2017. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: Amendment to Section Three of Ordinance No. 2017-17. Ordinance No. 2017 -17 is hereby amended to extend the moratorium until December 31, 2017. SECTION TWO: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a Words Underlined are added;Words Struck-Through are deleted. Page 1 of 2 separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: Non-Inclusion in the Code of Laws and Ordinances. Given the temporary nature and effect of this Ordinance, it is the intent of the Board of County Commissioners that this Ordinance not be codified. SECTION FOUR: Effective Date. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this Z(:'r-\- day ofSc- ,-r' e.y', 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS bd DWIGHT. .'JR-OCK,Clerk COLLIER 0 TY, FLORIDA By:W-C 114111p2A By: % _ ,pep k Penny Tay CHAIRW 4 r •N Attest as to Chairman • signature ont Approvedorm and legality: Jeffrey A. z ow, County Attorney This ordinance filed with the Secretary of Sn::t s Office the day of and acknowledgement of that filir„ received this day of r'�'.� , y 451 -r' Oeouty ,t.rt Words Underlined are added;Words dough are deleted. Page 2 of 2 c8 t %, tio FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State September 28, 2017 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha S. Vergara, BMR Senior 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. 2017-37, which was filed in this office on September 28, 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