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INSTR# 2024131137 OR BK 11052 PG 243 Page 1 of 3
<br />07/25/2024 10:31 AM Rcpt: 2726267 Rec: 27.00 IDS: 0.00 IT: 0.00
<br />Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller
<br />ORDINANCE NO. 1484-24
<br />AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA
<br />RELATED TO MEDICAL MARIJUANA TREATMENT CENTERS;
<br />ADOPTING FINDINGS OF FACT; PROVIDING DEFINITIONS;
<br />IMPOSING A TEMPORARY MORATORIUM ON THE OPENING OF
<br />ANY NEW MEDICAL MARIJUANA TREATMENT CENTERS;
<br />SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE.
<br />WHEREAS, as provided in section 2(b), Article V111 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 November 8, 2016, Florida voters approved an amendment to the Florida
<br />Constitution to legalize the cultivation, production, and dispensing of medical marijuana for a
<br />broad population of eligible patients; and
<br />WHEREAS, the Florida Legislature enacted S13 -8A during Special Session A in July of
<br />2017 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 which has been codified as Section 381.986, Florida Statutes; and
<br />WHEREAS, S13 -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 S13 -8A;
<br />WHEREAS, the preemption has prevented the City from appropriately restricting the
<br />zoning districts where medical marijuana treatment centers can be located;
<br />WHEREAS, City staff believes that an adequate amount of medical marijuana treatment
<br />centers exist within the boundaries of the City of Zephyrhills and would like time to review the
<br />possible regulations permitted under Section 381.986, Florida Statutes;
<br />WHEREAS, City staff requests City Council pass a temporary moratorium on the opening
<br />of new medical marijuana treatment centers within the boundaries of the City of Zephyrhills, not
<br />to exceed twelve (12) months from the effective date of this Ordinance.
<br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
<br />CITY OF ZEPHYRHILLS, FLORIDA, AS FOLLOWS:
<br />Section 1. Authority.
<br />This Ordinance is enacted pursuant to Chapter 163, Florida Statutes, and under the home
<br />rule powers of the City.
<br />Section 2. Legislative Findings of Fact.
<br />The foregoing WHEREAS clauses are hereby adopted as legislative findings of the City
<br />Council of the City of Zephyrhills and are ratified and confirmed as being true and correct and are
<br />hereby made a specific part of this Ordinance upon adoption hereof.
<br />Section 3. Definitions.
<br />For the purposes of this ordinance, the following words, ten -ns, and phrases, including their
<br />respective derivatives, have the following meanings:
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