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Agenda 12/12/2017 Item #17L12/12/2017 EXECUTIVE SUMMARY Recommendation to adopt an amendment to Ordinance No. 2017-17 extending the temporary moratorium on the opening of certain new cannabis dispensing facilities from December 31, 2017 to June 30, 2018. _____________________________________________________________________________________ OBJECTIVE: To extend the temporary moratorium on the opening of certain new cannabis dispensing facilities from December 31, 2017, to June 30, 2018. 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 of County Commissioners (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 the time reasonably necessary to investigate the impacts of cannabis dispensing facilities, and if necessary, to promulgate reasonabl e regulations relating to such establishments. On July 11, 2017, the Board extended the moratorium to December 31, 2017, to allow time for further investigation. In that time, the Legislature has not provided further clarification or rule making regarding local control, but it is anticipated that during the January through February 2018 Legislative Session, additional guidance will be provided on the issue. During the Board’s meeting of November 14, 2017, the Board expressed its desire to extend the temporary moratorium to June 30, 2018, in anticipation of additional clarification or rule making from the Legislature during the January through March 2018 Legislative Session. 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 adopt the attached Ordinance amending Ordinance 2017-17 to extend the temporary moratorium on the opening of certain new cannabis dispensing facilities from December 31, 2017, to June 30, 2018. Prepared By: Jeremy Frantz, AICP, Land Development Code Manager, Zoning Division ATTACHMENT(S) 1. Moratorium Extension - 6-30-18 (PDF) 2. Legal Ad - Agenda ID 3773 (PDF) 12/12/2017 COLLIER COUNTY Board of County Commissioners Item Number: 17.L Doc ID: 3773 Item Summary: Recommendation to adopt an amendment to Ordinance No. 2017-17 extending the temporary moratorium on the opening of certain new cannabis dispensing facilities from December 31, 2017 to June 30, 2018. Meeting Date: 12/12/2017 Prepared by: Title: Planner, Senior – Zoning Name: Jeremy Frantz 11/14/2017 6:34 PM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 11/14/2017 6:34 PM Approved By: Review: Zoning Michael Bosi Additional Reviewer Completed 11/15/2017 7:57 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 11/15/2017 10:47 AM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 11/15/2017 5:05 PM Growth Management Department James French Deputy Department Head Review Completed 11/16/2017 10:42 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 11/17/2017 3:59 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/17/2017 4:23 PM County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 11/21/2017 10:32 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 11/28/2017 3:10 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/29/2017 11:57 AM Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM ORDINANCE NO, 2017 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2017-179 AS AMENDED, BY EXTENDING A TEMPORARY MORATORIUM ON CANNABIS DISPENSING BUSINESSES TO JUNE 309 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. Page 1 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 52017. ATTEST: DWIGHT E. BROCK, Clerk Approve r Jeffrey A. Kla BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By• Deputy Clerk and legality.- County egality:County Attorney Penny Taylor, CHAIRMAN Words Underlined are added; Words are deleted. Page 2 of 2 r0 LftN NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on December 12, 2017, in the Boardroom, Third, Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida,, the Board of County Commissioners, will 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, AMENDING ORDINANCE NO. 2017-179 AS AMENDED, BY EXTENDING A TEMPORARY MORATORIUM ON CANNABIS DISPENSING BUSINESSES TO JUNE 309 2018, PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR NON- INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A Copy of theproposed 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 administrator prior topresentation of the item tem to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is i 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 material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a 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 Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) November22, 2017 No.1829355