HomeMy WebLinkAboutOrdinance No. 1484-24 Medical Marijuana Treatment Centers MoratoriumINSTR# 2024131137 OR BK 11052 PG 243 Page 1 of 3
07/25/2024 10:31 AM Rcpt: 2726267 Rec: 27.00 IDS: 0.00 IT: 0.00
Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller
ORDINANCE NO. 1484-24
AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA
RELATED TO MEDICAL MARIJUANA TREATMENT CENTERS;
ADOPTING FINDINGS OF FACT; PROVIDING DEFINITIONS;
IMPOSING A TEMPORARY MORATORIUM ON THE OPENING OF
ANY NEW MEDICAL MARIJUANA TREATMENT CENTERS;
SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE.
WHEREAS, as provided in section 2(b), Article V111 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, 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 8, 2016, Florida voters approved an amendment to the Florida
Constitution to legalize the cultivation, production, and dispensing of medical marijuana for a
broad population of eligible patients; and
WHEREAS, the Florida Legislature enacted S13 -8A during Special Session A in July of
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 which has been codified as Section 381.986, Florida Statutes; and
WHEREAS, S13 -8A pre-empted local governments from regulation regarding cultivation,
processing and delivery of marijuana by medical marijuana treatment centers, except as otherwise
provided in S13 -8A;
WHEREAS, the preemption has prevented the City from appropriately restricting the
zoning districts where medical marijuana treatment centers can be located;
WHEREAS, City staff believes that an adequate amount of medical marijuana treatment
centers exist within the boundaries of the City of Zephyrhills and would like time to review the
possible regulations permitted under Section 381.986, Florida Statutes;
WHEREAS, City staff requests City Council pass a temporary moratorium on the opening
of new medical marijuana treatment centers within the boundaries of the City of Zephyrhills, not
to exceed twelve (12) months from the effective date of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF ZEPHYRHILLS, FLORIDA, AS FOLLOWS:
Section 1. Authority.
This Ordinance is enacted pursuant to Chapter 163, Florida Statutes, and under the home
rule powers of the City.
Section 2. Legislative Findings of Fact.
The foregoing WHEREAS clauses are hereby adopted as legislative findings of the City
Council of the City of Zephyrhills and are ratified and confirmed as being true and correct and are
hereby made a specific part of this Ordinance upon adoption hereof.
Section 3. Definitions.
For the purposes of this ordinance, the following words, ten -ns, and phrases, including their
respective derivatives, have the following meanings:
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OR BK 11052 PG 244 Page 2 & 3
a. Marijuana means all parts of any plant of the genus Cannabis, whether growing or
not; the seeds thereof, the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin,
including low -THC cannabis, which are dispensed from a medical marijuana treatment
center for medical use by a qualified patient.
b. Medical Marijuana Treatment Centers (MMTC's) means a vertically integrated
licensed medical marijuana cultivator, processor, and dispenser. MMTC's are the only
businesses in Florida authorized to dispense medical marijuana and low -THC cannabis to
qualified patients and caregivers. Each MMIC must receive authorization at three stages,
(1) cultivation authorization, (2) processing authorization, and (3) dispensing
authorization, prior to dispensing low -THC cannabis or medical marijuana. MMTC's are
commonly referred to as Cannabis Dispensaries or Medical Marijuana Dispensaries.
Section 4. Temporary Moratorium
a. Beginning on the effective date of this ordinance and continuing twelve (12)
months, or sooner if provided pursuant to section 5 of this ordinance, a moratorium is
hereby imposed on the opening of new Medical Marijuana Treatment Centers within the
boundaries of the City of Zephyrhills.
b. During the moratorium, it is unlawful and a violation of this ordinance for any
person, firm, group, corporation, partnership or other company to open or cause to be
opened any Medical Marijuana Treatment Centers within the boundaries of the City of
Zephyrhills.
Section 5. Expiration of the Temporary Moratorium.
The temporary moratorium imposed by section 4 of this ordinance expires as of the earliest
of the follow occurrences:
a. Twelve (12) months from the effective date hereof, or
b. A date before the expiration in paragraph 5.a. above, if provided by Ordinance of
the City Council of the City of Zephyrhills, Florida.
Section 6. Repealer.
Any and all ordinances in conflict herewith are hereby repealed to the extent of any conflict.
Section 7. Penalties.
Any and all violation of the Ordinance shall constitute a separate Class VI offense as set
forth in the Uniform Fine and Citation Schedule as adopted by the Sixth Judicial Circuit of Florida
for Pasco County, and shall be prosecuted as provided in Section 162.21, Florida Statutes. Each
violation and each day constituting a violation shall be fined and prosecuted as a separate offense.
Section S. Severability.
It is declared to be the intent of the City Council of the City of Zephyrhills, Florida, that if
any section, subsection, sentence, clause, or provision of this ordinance is held invalid, the
remainder of the ordinance shall be construed as not having continued the said section, subsection,
sentence, clause, or provision and shall not be affected by such holding.
Section 10. Effective Date.
This Ordinance shall become effective upon passage on the second reading and signing by
the Mayor.
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The fore inj 'dil nce No. 1484-24 was read and passed on the first reading in an open and
regul irt6etmg of the ity Council of the City of Zephyr 'Ils, Florida, on this 8th d of July 2024.
Atst:
Lord L. Hillman`, City Clerk, MMC Ke eth . Burgess, Jr
�- Council President
The foregoing Ordinance No. 1484-24 was read and passed on the second reading, following a
public hearing, in an open and regular meeting of the City Council of the City of Zephyrhills,
Florida; far tMi AZde of July 2024.
s
Atiest,--
Lo Hillman, df`y'Clerk, MMC nneth M. Burgess, JV
Council President
. 9
The foregoian Ofc�ixl�ance No: 1484-24 was approved by me this 22nd day of July 2024.
Melohie Bahr Monson, Mayor
Approved as to legal form and content
for the reliance of the City of Z,epbyrhills only:
Matthew E. Maggard, Esq.
City Attorney
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