Ordinance 2023-15 ORDINANCE NO. 2023 -1 5
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
PROHIBITING MEDICAL MARIJUANA TREATMENT
CENTER DISPENSING FACILITIES FROM
ESTABLISHING OR LOCATING WITHIN
UNINCORPORATED COLLIER COUNTY; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Art. X, §29, Fla. Const., entitled "Medical Marijuana production, possession
and use," was passed by electors of Florida in November 2016, which amended the Florida
Constitution to allow the use of marijuana in certain medical applications; and
WHEREAS, Art. X, §29, Fla. Const. defines Medical Marijuana Treatment Centers to mean
an entity that acquires, cultivates, possesses, processes (including development of related products
such as food, tinctures, aerosols, oils, or ointments), transfers,transports, sells, distributes, dispenses,
or administers marijuana, products containing marijuana,related supplies, or educational materials to
qualifying patients or their caregivers and is registered by the Department of Health or its successor
agency; and
WHEREAS, On June 23,2017, Senate Bill 8-A,relating to the medical use of marijuana,was
signed into law, implementing the provisions of Art. X, §29, Fla. Const. and substantially amending
Section 381.986, Florida Statutes, which provides in relevant part that"a county or municipality may,
by ordinance, ban medical marijuana treatment center dispensing facilities from being located within
the boundaries of that county or municipality;" and
WHEREAS, Pursuant to the authority provided to counties in Section 381.986(11), Florida
Statutes, the Board desires to enact such a ban prohibiting medical marijuana treatment centers from
establishing or locating medical marijuana dispensing facilities within unincorporated Collier County;
and
WHEREAS, the Board finds this Ordinance is in the best interest of the public's health,
safety, and welfare.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Title
This Ordinance shall be known and cited as the"Prohibition of Medical Marijuana Dispensing
Facilities" Ordinance.
[23-BCC-01000/1767168/1]
SECTION TWO: Purpose and Intent
The purpose of this Ordinance is to prohibit medical marijuana treatment center dispensing
facilities from establishing or locating within unincorporated Collier County.
SECTION THREE: Findings
Pursuant to the authority granted to counties in Section 381.986(11), Florida Statutes, the
Board finds that a ban on the establishment or location of medical marijuana treatment center
dispensing facilities within unincorporated Collier County is in the best interest of the County.
SECTION FOUR: Prohibition of Medical Marijuana Dispensing Facilities
(a) Prohibition. Medical marijuana treatment center dispensing facilities are prohibited and
shall not be established or located within unincorporated Collier County.
(b) Interpretation. This section and the terms used herein shall be interpreted in accordance
with the Florida Constitution, Florida Statutes, and the Florida Administrative Code.
SECTION FIVE: Penalties
All violations of this Ordinance may be processed according to the Collier County
Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions of
Parts I or II of Chapter 162, Florida Statutes, as may be applicable. A law enforcement official or
code enforcement officer is specifically authorized to issue a citation for each violation. Each day of
any such violation shall constitute a separate and distinct offense.
The County may also enforce this Ordinance by action in equity, including injunctive or
declaratory relief, in the appropriate court of competent jurisdiction.
SECTION SIX: Applicability.
This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County,
Florida.
SECTION SEVEN: Conflict and Severability
In the event this Ordinance conflicts with any other ordinance of Collier County or other
appliable law,the more restrictive shall apply. If any phrase or portion of the 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 EIGHT: Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made part of the Code of Laws and
Ordinances of Collier County,Florida. The sections of the Ordinance may be renumbered or relettered
to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other
appropriate word.
[23-BCC-01000/1767168/1]
SECTION NINE: Effective Date
This Ordinance shall become effective upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this /y it,day of ` ,p,( ao , 2023.
ATTEST: •
':,�,B,^tiaA BOARD OF COUNTY COMMISSIONERS
CRYSTAL,.',RINZEL,`.ej,.ERK COLLIER COUNTY, FLORIDA
By: By: ('—'22/(< -----
, Deitauty, Rick LoCastro, Chairman
Attest Casio Cha rm;lt'
4
signature andb
Approve 4 t'. and legality:
Jeffrey A. at c w, County Attorney
This ordinance filed with the
Secretary of State's Office the
Pitday of , DZ2?
and acknaw!edg�t *i that
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
February 17, 2023
Martha Vergara, BMR& VAB
Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite#401
Naples, FL 34112
Dear Martha Vergara,
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of the Collier County Ordinance No. 2023-15, which was filed in this office on February
17, 2023.
If you have any questions or need further assistance, please contact me at (850) 245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Program Administrator
Florida Administrative Code and Register
ACO/rra
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270