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<br /> 2017201398
<br /> Rcpt:1918417 Rec: 18.50
<br /> ORDINANCE NO. 1354-17 DS: 0.00 I T: 0.00
<br /> 12/21/2017 K. D. K. , Dpty Clerk
<br /> AN EMERGENCY ORDINANCE OF THE CITY OF ZEPHYRHILLS,
<br /> FLORIDA, AMENDING ORDINANCE 1312-16, TO EXTEND THE
<br /> TEMPORARY MORATORIUM ON THE OPENING OF ANY NEW
<br /> CANNABIS DISPENSING FACILITY WITHIN THE CITY LIMITS;
<br /> PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY,
<br /> EXPIRATION AND AN EFFECTIVE DATE.
<br /> WHEREAS, as provided in section 2(b), Article VIII of the Constitution of the State of
<br /> Florida, and section 166.021(1), Florida Statutes, the City of Zephyrhills, Florida (the "City"), a
<br /> municipal corporation, enjoys all governmental, corporate, and proprietary powers necessary to
<br /> conduct municipal government, perform municipal functions, and render municipal services, and
<br /> may exercise any power for municipal purposes, except as expressly prohibited by law; and
<br /> WHEREAS,the Florida Constitution was amended by the electorate on November 8,2016
<br /> to add Section 29 Article X, which allows the dispensing and use of marijuana for medical
<br /> purposes by persons with debilitating diseases; and
<br /> WHEREAS, as provided in section 166.021(3), Florida Statutes, the governing body of
<br /> each municipality in the state has the power to enact legislation concerning any subject matter
<br /> upon which the state legislature may act, except when expressly prohibited by law; and
<br /> WHEREAS, on November 8th of this year, Florida voters approved to amend the Florida
<br /> Constitution to legalize the cultivation, production, and dispensing of medical cannabis for a
<br /> broader population of eligible patients; and
<br /> WHEREAS, the City of Zephyrhills enacted Ordinance 1312-16 to establish a temporary
<br /> moratorium on the operation of medical marijuana dispensing organizations for medical marijuana
<br /> dispensing organizations in Zephyrhills with an expiration date of November 13, 2017, pending
<br /> enactment of law by the Florida Legislature and applicable administrative rules; and
<br /> WHEREAS, this Ordinance shall be passed on an emergency basis to prevent the
<br /> Moratorium from expiring prior to the extension becoming effective; and
<br /> WHEREAS,the Florida Legislature enacted SB-8A during Special Session A in July 2017
<br /> to implement Section 29, Article X in the State of Florida Constitution and to create a unified
<br /> regulatory structure for the use of marijuana for medical purposes by persons with debilitating
<br /> diseases in the State of Florida; and
<br /> WHEREAS, SB-8A pre-empted local governments from regulation regarding cultivation,
<br /> processing and delivery of marijuana by medical marijuana treatment centers, except as otherwise
<br /> provided in SB-8A;
<br /> WHEREAS, several issues concerning the extent of pre-emption from local regulation
<br /> currently exist as a result of SB-8A and the absence of adoption of administrative rules; and
<br /> WHEREAS, city staff has requested additional time, not to exceed six (6) months from
<br /> the effective date of this Ordinance, to review the impact of SB-8A on Zephyrhills and prepare
<br /> policy recommendations.
<br /> NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
<br /> CITY OF ZEPHYRHILLS, FLORIDA,AS FOLLOWS:
<br /> SECTION 1. FINDINGS OF FACT. The above"Whereas"clauses are deemed findings
<br /> of fact and are adopted herein.
<br /> SECTION 2. EXPIRATION. The expiration date of Ordinance 1354-17 shall be the
<br /> earlier of six(6)months after the adoption of this Ordinance,or the final adoption of an ordinance
<br /> regulating the operation of medical marijuana dispensing organizations as permitted by Florida
<br /> law.
<br /> Q.' Record and Return to: PRULR S.0'NEIL,Ph.D.PRSCO CLERK f COMPTROLLER
<br /> City Clerk's Office 12'21'K 9652 PG 1?`T9
<br /> OR BK V:.�LL..
<br /> 5335 8th Street
<br /> Zephyrhills, FL 33542
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