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Ordinance 2017-51 ORDINANCE NO. 2017 - 51 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. 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 12.M- day orber.locApicse, 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. O ,,Clerk COLLIE' Cip TY, FLORIDA c', By: 4.,4 Oh,v By: Attest as t, N,: {,, Clerk Penny T/147HAI' •• io siature only. Approve. as to ( ,! and legality: -.11.4 ill' Jeffrey A. Klatz 'o , County Attorney has ardinyi7Sce ¶aiod with the (5114a •°1(day at, }'1 '-i t_Cq- 11 andtckno wledgem ra ak hat fili-. c ive. this1r) ' day of `'"f ee, it i"' Words Underlined are added;Words Stfuele-Rifough are deleted. Page 2 of 2 rdr.6#ST9i. - ,. 0'. te 8 l-..:41 ----0.g �2 to 0110., 5.: FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State December 13, 2017 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples,Florida 34101-3044 Attention: Ann Jennejohn 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. 2017-51, which was filed in this office on December 13, 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