Agenda 11/14/2017 Item #16A2111/14/2017
EXECUTIVE SUMMARY
Recommendation to direct staff to advertise, and bring back for a public hearing, an Ordinance to
extend the temporary moratorium on cannabis dispensing facilities from December 31, 2017 to
June 30, 2018.
_____________________________________________________________________________________
OBJECTIVE: To extend the temporary moratorium on medical marijuana dispensaries.
CONSIDERATIONS: On June 9, 2017, the Florida Legislature enacted Senate Bill 8-A (The Bill). The
Bill introduced comprehensive changes to F.S 381.986, which preempts County regulation of medical
marijuana treatment centers and gives the County the option to ban medical marijuana dispensaries or to
enact ordinances for permitting or for determining the location of dispensing facilities which are not more
restrictive than those applicable to pharmacies licensed under chapter 465.
While discussing the County’s response on July 11, 2017, the Board expressed a desire to not adopt a ban,
but to establish more local control over dispensaries than allowed by the Bill. As a result, the Board
extended a moratorium on medical marijuana dispensaries from October 10, 2017, to December 31, 2017,
to allow more time for the Legislature to enact new guidelines regarding medical marijuana d ispensaries.
It should be noted that, to-date, the Legislature has not provided further clarification or rule making on the
local control issue, but it is anticipated that during the January through February, 2018 Legislative
session, additional guidance will be provided on the issue.
Based upon this, Staff recommends extending the moratorium for six months to June 30, 2018.
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 is approved as to form and legality. A majority vote is needed
for Board approval.--HFAC
RECOMMENDATION: To direct staff to bring back an advertised Ordinance for Board consideration
in December to extend the existing moratorium on medical marijuana dispensaries for six months to June
30, 2018 to allow staff to develop and publicly vet an LDC amendment to apply locational standards,
numeric limits, or other regulations to both pharmacies and dispensaries.
Prepared By: Jeremy Frantz, AICP, Land Development Code Manager, Zoning Division
ATTACHMENT(S)
1. Moratorium Ordinance - Cannabis - Extension - June 2018 (DOCX)
16.A.21
Packet Pg. 678
11/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.21
Doc ID: 4197
Item Summary: Recommendation to direct staff to advertise, and bring back for a public hearing,
an Ordinance to extend the temporary moratorium on cannabis dispensing facilities from December 31,
2017 to June 30, 2018.
Meeting Date: 11/14/2017
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
11/08/2017 3:48 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
11/08/2017 3:48 PM
Approved By:
Review:
Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 11/08/2017 3:47 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/08/2017 4:29 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/08/2017 4:50 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/14/2017 9:00 AM
16.A.21
Packet Pg. 679
Page 1 of 2
ORDINANCE NO. 2017 - _____
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2017-17,
AS AMENDED, BY EXTENDING A TEMPORARY MORATORIUM ON
CANNABIS DISPENSING BUSINESSES TO JUNE 30, 2018, 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, on September 26, 2017, the Board of County Commissioners (Board), via
Ordinance No. 2017-37, extended the expiration date of the temporary moratorium from October
10, 2017 to December 31, 2017; and
WHEREAS, the Board finds it necessary to further extend the expiration date of the
temporary moratorium from December 31, 2017 to June 30, 2018, as the State of Florida is still in
the process of promulgating the necessary administrative regulations and in light of potential
legislative changes to the existing statute.
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, as amended, is hereby amended to extend the moratorium until
June 30, 2018.
16.A.21.a
Packet Pg. 680 Attachment: Moratorium Ordinance - Cannabis - Extension - June 2018 (4197 : Cannabis dispensing facilities)
Page 2 of 2
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
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 _______ day of _____________, 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: _____________________________ By: _____________________________
, Deputy Clerk Penny Taylor, CHAIRMAN
Approved as to form and legality:
______________________________
Jeffrey A. Klatzkow, County Attorney
16.A.21.a
Packet Pg. 681 Attachment: Moratorium Ordinance - Cannabis - Extension - June 2018 (4197 : Cannabis dispensing facilities)