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INSTR# 2018124238 OR BK 9761 PG 1278 Page 1 of 3
<br />07/24/2018 11:36 AM Rcpt: 1976365 Rec: 27.00 DS: 0.00 IT: 0.00
<br />Paula S. O'Ned, Ph.D., Pasco County Clerk & Com_ptroCler
<br />ORDINANCE NO. 1367-18
<br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
<br />ZEPHYRHILLS, FLORIDA, AMENDED THE LAND DEVELOPMENT
<br />CODE TO ACCOUNT FOR MEDICAL MARIJUANA TREATMENT
<br />CENTER DISPENSING FACILITIES; ADOPTING FINDINGS OF FACT;
<br />PROVIDING DEFINITIONS AND CREATING SECTION 2.02.08 OF THE
<br />LAND DEVELOPMENT CODE ; PROVIDING FOR, REPEALER,
<br />SEVERABILITY 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, 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 June 16, 2014, Governor Rick Scott approved CS/CS/SB 1030 creating
<br />the Compassionate Medical Cannabis Act of 2014 (Chapter 2014-157, Laws of Florida; codified
<br />at section 381.986, Florida Statutes; hereinafter referred to as the "Compassionate Use Act"); and
<br />WHEREAS, the Compassionate Use Act legalized the cultivation, production, and
<br />dispensing of a low -THC derivative product of marijuana for "qualified patients"; and
<br />WHEREAS, under the Compassionate Use Act, "qualified patients" are patients suffering
<br />from cancer or a physical medical condition that chronically produces symptoms of seizures or
<br />severe and persistent muscle spasms (e.g., epilepsy or amyotrophic lateral sclerosis ("ALS")); and
<br />WHEREAS, the Compassionate Use Act provides that physicians may only order low -
<br />THC product for qualified patients if he or she finds that "no other satisfactory alternative
<br />treatment option" is available; and
<br />WHEREAS, the Compassionate Use Act is implemented by rule of the Florida
<br />Department of Health (the "department") under Chapter 64-4, Florida Administrative Code (the
<br />"compassionate use rules"); and
<br />WHEREAS, on November 8, 2016, 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, Florida laws relating to the cultivation, production, and dispensing of
<br />cannabis products are rapidly changing — raising substantial questions about whether cannabis -
<br />related land uses, as a category of commercial use, may have deleterious and negative secondary
<br />effects on surrounding land uses and communities; 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, the City Council of the City of Zephyrhills has determined that it is in the
<br />best interests of and would serve to promote and protect the public health, safety and welfare to
<br />regulate the location of medical marijuana center dispensing facilities; and
<br />Record and Return to:
<br />City Clerk's Office 1
<br />5335 8th Street
<br />Zephyrhills, FL 33542
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