HomeMy WebLinkAbout1354-17 Emergency Medical Cannabis Dispensing Moratorium Extension 1111111 I I I I 11111111111111111111111111 I i 111111111111111111111
2017201398
Rcpt:1918417 Rec: 18.50
ORDINANCE NO. 1354-17 DS: 0.00 I T: 0.00
12/21/2017 K. D. K. , Dpty Clerk
AN EMERGENCY ORDINANCE OF THE CITY OF ZEPHYRHILLS,
FLORIDA, AMENDING ORDINANCE 1312-16, TO EXTEND THE
TEMPORARY MORATORIUM ON THE OPENING OF ANY NEW
CANNABIS DISPENSING FACILITY WITHIN THE CITY LIMITS;
PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY,
EXPIRATION AND AN EFFECTIVE DATE.
WHEREAS, as provided in section 2(b), Article VIII of the Constitution of the State of
Florida, and section 166.021(1), Florida Statutes, the City of Zephyrhills, Florida (the "City"), a
municipal corporation, enjoys all governmental, corporate, and proprietary powers necessary to
conduct municipal government, perform municipal functions, and render municipal services, and
may exercise any power for municipal purposes, except as expressly prohibited by law; and
WHEREAS,the Florida Constitution was amended by the electorate on November 8,2016
to add Section 29 Article X, which allows the dispensing and use of marijuana for medical
purposes by persons with debilitating diseases; and
WHEREAS, as provided in section 166.021(3), Florida Statutes, the governing body of
each municipality in the state has the power to enact legislation concerning any subject matter
upon which the state legislature may act, except when expressly prohibited by law; and
WHEREAS, on November 8th of this year, Florida voters approved to amend the Florida
Constitution to legalize the cultivation, production, and dispensing of medical cannabis for a
broader population of eligible patients; and
WHEREAS, the City of Zephyrhills enacted Ordinance 1312-16 to establish a temporary
moratorium on the operation of medical marijuana dispensing organizations for medical marijuana
dispensing organizations in Zephyrhills with an expiration date of November 13, 2017, pending
enactment of law by the Florida Legislature and applicable administrative rules; and
WHEREAS, this Ordinance shall be passed on an emergency basis to prevent the
Moratorium from expiring prior to the extension becoming effective; and
WHEREAS,the Florida Legislature enacted SB-8A during Special Session A in July 2017
to implement Section 29, Article X in the State of Florida Constitution and to create a unified
regulatory structure for the use of marijuana for medical purposes by persons with debilitating
diseases in the State of Florida; and
WHEREAS, SB-8A pre-empted local governments from regulation regarding cultivation,
processing and delivery of marijuana by medical marijuana treatment centers, except as otherwise
provided in SB-8A;
WHEREAS, several issues concerning the extent of pre-emption from local regulation
currently exist as a result of SB-8A and the absence of adoption of administrative rules; and
WHEREAS, city staff has requested additional time, not to exceed six (6) months from
the effective date of this Ordinance, to review the impact of SB-8A on Zephyrhills and prepare
policy recommendations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF ZEPHYRHILLS, FLORIDA,AS FOLLOWS:
SECTION 1. FINDINGS OF FACT. The above"Whereas"clauses are deemed findings
of fact and are adopted herein.
SECTION 2. EXPIRATION. The expiration date of Ordinance 1354-17 shall be the
earlier of six(6)months after the adoption of this Ordinance,or the final adoption of an ordinance
regulating the operation of medical marijuana dispensing organizations as permitted by Florida
law.
Q.' Record and Return to: PRULR S.0'NEIL,Ph.D.PRSCO CLERK f COMPTROLLER
City Clerk's Office 12'21'K 9652 PG 1?`T9
OR BK V:.�LL..
5335 8th Street
Zephyrhills, FL 33542
OR BK 9652 PG 2180
2 of 2
SECTION 3. CONFLICTS. All ordinances or parts of ordinances in conflict with any
of the provisions of this Ordinance are hereby repealed to the extent of such conflict.
SECTION 4. CODIFICATION. This ordinance shall be incorporated into the
Zephyrhills Land Development Code. Any section, paragraph number, letter and/or any heading
may be changed or modified as necessary to effectuate the foregoing. Grammatical,typographical
and similar or like errors may be corrected, and additions, alterations, and omissions not affecting
the construction or meaning of this ordinance and the City Code may be freely made.
SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase,
word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this Ordinance.
SECTION 6. EFFECTIVE DATE. This Ordinance shall become effective pursuant to
the Zep Charter.
If fr,
• . " forte Emergency Ordinance No. 1354-17 was read and passed by the City Council
of.. '*1',' • eplyr 'lls, Florida, on this 13th day of November, 2017
AIP ,- .;,z,aril''ts KI_____. __ze_f - (A). al,
" tpi b 2, CMC, City Clerk W. Alan Knight, C un President
The, .. 6�''7,11 ;r `•ance No. 1354-17 was approved by me this 13`h day of November, 2017.
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G e Whitfield, Vit',r
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Approved as to le 1 form an le al content
Matthew E. Maggard,£torney