HomeMy WebLinkAbout2016 10 10 Public Hearing 401 Ordinance 2016-08, Second Reading, Temporary Moratorium on Medical Cannabis ActivitiesCOMMISSION AGENDA
ITEM 401
REQUEST:
Informational
Consent
Public Hearings
X
Regular
October 10, 2016 KS RS
Regular Meeting City Manager Department
The Community Development Department and the City Attorney requests that the City
Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2016-
08 which declares a temporary moratorium within the jurisdictional limits of the City of
Winter Springs on Medical Cannabis activities.
SYNOPSIS:
During their September 12, 2016 Regular Meeting, the City Commission directed the City
Attorney to prepare an ordinance imposing a temporary moratorium related to all medical
cannabis activities within the jurisdictional limits of the City of Winter Springs to allow the
City time to study the problems associated with Medical Marijuana Treatment Centers and
associated activities and to consider various local regulatory options. A first reading of
Ordinance 2016 -08 was held at the City Commission's September 26, 2016 meeting.
CONSIDERATIONS:
In 2014, the Florida Legislature passed the Compassionate Medical Cannabis Act, codified
at Section 381.986, Florida Statutes (the "Compassionate Use Act "), which
authorizes a licensed dispensing
organization to cultivate, process, transport, and dispense "Low -THC Cannabis," as
defined by Section 381.986(l )(e), Florida Statutes, and derivative products for use by
certain "qualified patients," as defined by Section 381.986(l )(h).
In 2015 the Florida Legislature passed the Right to Try Act, codified at Section 499.0295,
Florida Statutes, which amended the Compassionate Use Act and authorizes a licensed
Public Hearings 401 PAGE 1 OF 3 - October 10, 2016
dispensing organization to cultivate, process, transport, and dispense "Medical Cannabis,"
as defined by Section 381.986(l )(f), Florida Statutes, and derivative products for use by
certain "eligible patients," as defined by Section 499.0295, Florida Statutes; and
On November 8, 2016, Florida voters will vote on the Florida Right to Medical Marijuana
Initiative, passage of which would amend the Florida Constitution to authorize "Medical
Marijuana Treatment Centers," defined therein as "an entity that acquires, cultivates,
possesses, processes (including development of related products such as food, tinctures,
aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or
administers marijuana, products containing marijuana, related supplies, or educational
materials to qualifying patients or their caregivers and is registered by the Florida
Department of Health.
The passage of the Florida Right to Medical Marijuana Initiative would expand the medical
use of cannabis and related products to patients suffering from certain "Debilitating
Medical Conditions," as defined therein, which represents a broader population of patients
than those eligible under the Compassionate Use Act and the Right to Try Act.
The recent legalization of Low -THC Cannabis and Medical Cannabis by the
Compassionate Use Act and the Right to Try Act, respectively, and potential future
changes in the law including but not limited to passage of the Florida Right to Try Medical
Marijuana Initiative, raise substantial questions regarding the impact of Medical Cannabis
Activities, as defined herein, upon the public health, safety, and welfare within the City of
Winter Springs.
At present, several counties and municipalities through out the State of Florida are
considering the establishment of a moratorium on medical marijuana treatment centers in an
effort to curb any immediate negative impacts created by such facilities and to allow local
governments time to study the problems associated with these facilities and consider various
local regulatory options.
Pursuant to the direction of the City Commission, the City Attorney has prepared Ordinance
2016 -08 which establishes a two - hundred and seventy (270) day moratorium as to the filing
and /or receiving of any application for any and all land use approvals or business tax
receipts for medical marijuana treatment centers and related activities in order to permit the
City to research the nature and scope of possible measures of mitigation and regulation of
medical marijuana treatment centers within the City of Winter Springs.
The moratorium does not affect existing businesses currently operating within the City
pursuant to a validly issued business tax receipt, provided the business and property are in
compliance with all applicable local, county, state, and federal laws.
FISCAL IMPACT:
There may be a de minimus fiscal impact associated with the passage of this ordinance
since the ordinance prohibits the City from accepting payments for a business tax receipt for
medical marijuana treatment centers.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
Public Hearings 401 PAGE 2 OF 3 - October 10, 2016
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at six (6) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
This ordinance was advertised for first reading in the Orlando Sentinel on Sunday,
September 18, 2016 and for second reading on Thursday, September 29, 2016.
RECOMMENDATION:
The City Attorney and the Community Development Department recommend that the City
Commission hold a public hearing for second reading and adoption of Ordinance 2016 -08.
ATTACHMENTS:
A - Ordinance 2016 -08
B - Advertisement - Orlando Sentinel - Sunday, September 18, 2016 and Thursday,
September 29, 2016
Public Hearings 401 PAGE 3 OF 3 - October 10, 2016
ORDINANCE NO. 2016 -08
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; ESTABLISHING A
TEMPORARY MORATORIUM WITHIN THE JURISDICTIONAL LIMITS
OF THE CITY OF WINTER SPRINGS; ADOPTING FINDINGS OF FACT;
PROHIBITING ANY AND ALL MEDICAL CANNABIS ACTIVITIES
DURING THE MORATORIUM PERIOD INCLUDING THE GROWING,
CULTIVATION, PROCESSING, MANUFACTURE, DISPENSING,
DISTRIBUTION, AND SALE OF MEDICAL CANNABIS, LOW -THC
CANNABIS, DERIVATIVE PRODUCTS, AND RELATED ACTIVITIES;
DIRECTING STAFF TO DEVELOP PROPOSED LAND DEVELOPMENT
REGULATIONS AND OTHER RECOMMENDATIONS REGARDING
SUCH CANNABIS RELATED ACTIVITIES; PROVIDING FOR
PENALTIES, SEVERABILITY, CONFLICT WITH PRIOR
INCONSISTENT ORDINANCES, NON - CODIFICATION, CORRECTION
OF SCRIVENER'S ERRORS AND AN EFFECTIVE DATE..
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, and Section 166.021, Florida Statutes, to exercise any power for municipal purposes,
except when expressly prohibited by law; and
WHEREAS, in 2014, the Florida Legislature passed the Compassionate Medical Cannabis
Act, codified at Section 381.986, Florida Statutes (the "Compassionate Use Act "), which
authorizes a licensed dispensing organization to cultivate, process, transport, and dispense
"Low -THC Cannabis," as defined by Section 381.986(1 )(e), Florida Statutes, and derivative
products for use by certain "qualified patients," as defined by Section 381.986(1 )(h); and
WHEREAS, in 2015 the Florida Legislature passed the Right to Try Act, codified at
Section 499.0295, Florida Statutes, which amended the Compassionate Use Act and authorizes a
licensed dispensing organization to cultivate, process, transport, and dispense "Medical.
Cannabis," as defined by Section 381.986(1 )(f), Florida Statutes, and derivative products for use
by certain "eligible patients," as defined by Section 499.0295, Florida Statutes; and
WHEREAS, to date, the Florida Department of Health has approved six (6) dispensing
organizations throughout the State of Florida, which are authorized to cultivate, process, transport,
and dispense Medical Cannabis, Low -THC Cannabis, and derivative products; and
WHEREAS, on November 8, 2016, . Florida voters will vote on the Florida Right to
Medical Marijuana Initiative, passage of which would amend the Florida Constitution to authorize
"Medical Marijuana Treatment Centers," defined therein as "an entity that acquires, cultivates,
possesses, processes (including development of related products such as food, tinctures, aerosols,
oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana,
City of Winter Springs
Ordinance No. 2016 -08
Page 1 of 4
products containing marijuana, related supplies, or educational materials to qualifying patients or
their caregivers and is registered by the Department;" and
WHEREAS, the passage of the Florida Right to Medical Marijuana Initiative would
expand the medical use of cannabis and related products to patients suffering from certain
"Debilitating Medical Conditions," as defined therein, which represents a broader population of
patients than those eligible under the Compassionate Use Act and the Right to Try Act; and
WHEREAS, the recent legalization of Low -THC Cannabis and Medical Cannabis by the
Compassionate Use Act and the Right to Try Act, respectively, and potential future changes in the
law including but not limited to passage of the Florida Right to Try Medical Marijuana Initiative,
raise substantial questions regarding the impact of Medical Cannabis Activities, as defined herein,
upon the public health, safety, and welfare within the City of Winter Springs; and
WHEREAS, the purpose of this ordinance is to place a temporary moratorium on Medical
Cannabis Activities, as defined herein, for a period of time reasonably necessary for the City to
investigate the impacts of such Medical Cannabis Activities upon the public health, safety, and
welfare, and to promulgate reasonable regulations relating to such activities if deemed advisable
by the City; and
WHEREAS, the Winter Springs City Commission finds that this Ordinance advances
important government purposes, including but not limited to reducing the likelihood of potentially
negative effects of unregulated Medical Cannabis Activities, as defined herein, upon residents and
businesses located within the City; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby ratified and fully incorporated
herein by reference as legislative findings of the City Commission of Winter Springs.
Section 2. Definitions. For the purposes of this ordinance, the following words, terms,
and phrases, including their respective derivatives, have the following meanings:
a. Derivative Product means any form of cannabis suitable for routes of
administration.
b. Low -THC Cannabis has the meaning established in Section 381.986(1 )(e), Florida
Statutes, and means a plant of the genus Cannabis, the dried flowers of which contain 0.8 percent
City of Winter Springs
Ordinance No. 2016 -08
Page 2 of 4
or less of tetrahydrocannabinol and more than 10 percent of cannabidiol weight for weight; the
seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, salt,
derivative, mixture, or preparation of such plant or its seed or resin.
b. Medical Cannabis has the meaning established in Section 381.986(1 )(f), Florida
Statutes, and 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.
C. Medical Cannabis Activities mans, without limitation, the growing, cultivation,
processing, manufacture, dispensing, distribution, storage, and wholesale and retail sale of
Medical Cannabis, Low -THC Cannabis, and Derivative Products, and other related activities. The
term Medical Cannabis Activities shall include any single activity or combination of activities
described in this definition.
Section 3. Temporary Moratorium. Beginning on the effective date of this
ordinance and continuing for a period of 270 days, or sooner if provided by an ordinance by the
Winter Springs City Commission, a moratorium is hereby imposed upon Medical Cannabis
Activities, except for activities that have previously received final approval by the City, and except
where City regulation is pre - empted or otherwise inconsistent with Florida law. Further, the
review of any applications for Medical Cannabis Activities that may be pending on October 10,
2016, the date of the adoption of this Ordinance, shall be abated, and no new applications for such
permits shall be accepted or processed during the moratorium period. In addition, to the extent
that a person or entity is authorized to carry out any Medical Cannabis Activities within the City by
previous final approval by the City, this moratorium shall prohibit the expansion or relocation of
any such authorized activity or facility and the opening of any new facility.
Section 4. Expiration of the Temporary Moratorium. The temporary moratorium
imposed by Section 3 of this Ordinance expires 270 days from the effective date of this ordinance,
or at an earlier date if provided by ordinance of the Winter Springs City Commission.
Section 5. Recommendations for Land Development Regulations. City Staff, at the
City Manager's Direction and in consultation with the City Attorney, is hereby directed to study
Medical. Cannabis Activities and their impact on the health, safety, and welfare of residents and
businesses located within the City, and to develop and recommend, as deemed advisable by the
City Manager, land development regulations for Medical Cannabis Activities in the City, and any
other relevant regulations and recommendations, with such recommendations and proposed
regulations being delivered to the Winter Springs City Commission within a reasonable time
before the expiration of this moratorium.
Section 6. Penalties. Violations of this Ordinance are punishable as provided by
Section 1 -1.5 of the City Code of Winter Springs, Florida, or other applicable Code provisions.
City of Winter Springs
Ordinance No. 2016 -08
Page 3 of 4
Section 7. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 8. Non - Codification. This Ordinance shall not be incorporated into the
Winter Springs City Code.
Section 9. 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 10. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on this 10th day of October, 2016.
Charles Lacey, Mayor
ATTEST:
Andrea Lorenzo- Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
First Legal Ad Published: September 18, 2016
First Reading: September 26, 2016
Second Legal Ad Published: September 29, 2016
Effective Date: October 10, 2016
City of Winter Springs
Ordinance No. 2016 -08
Page 4 of 4
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