HomeMy WebLinkAboutOrdinance 2017-10 Extension of Temporary Moratorium Prohibiting Medical Cannabis ActivitiesORDINANCE NO. 2017-10
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; EXTENDING FOR AN ADDITIONAL 270 DAYS
THE TEMPORARY MORATORIUM WITHIN THE
JURISDICTIONAL LIMITS OF THE CITY OF WINTER
SPRINGS ADOPTED IN ORDINANCE 2016 -08
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
PRIOR TO THE EXPIRATION OF THE EXTENDED
MORATORIUM PERIOD; PROVIDING FOR PENALTIES,
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, NON - CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City adopted a temporary moratorium on "medical cannabis activities"
on October 20, 2016 through Ordinance No. 2016 -08; and
WHEREAS, "medical cannabis activities" includes, 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; and
WHEREAS, on November 8, 2016, Florida voters approved the Florida Right to Medical
Marijuana Initiative ( "Amendment 2 "), which amended the Florida Constitution to authorize
"Medical Marijuana Treatment Centers "; and
WHEREAS, the Florida Legislature is currently considering multiple bills and the
Department of Health has issued proposed rulemaking to implement Amendment 2; and
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Ordinance No. 2017 -10
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WHEREAS, treatment of medical cannabis by the federal government remains uncertain
given the new federal administration; and
WHEREAS, given the current uncertainty regarding the laws applicable to medical
cannabis activities, 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 fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Extension of Temporary Moratorium. The temporary moratorium
adopted in Ordinance No. 2016 -08 imposed upon Medical Cannabis Activities, which shall expire
on July 7, 2017, shall be extended for an additional 270 -day period, unless sooner terminated by
an ordinance of the Winter Springs City Commission. The extension period shall commence
immediately upon the expiration of Ordinance No. 2016 -08 on July 7, 2017.
Section 3. 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 with a reasonable time before
the expiration of the extended moratorium period.
Section 4. Penalties. Violations of this Ordinance are punishable as provided by
Section 1 -15 of the City Code of Winter Springs, Florida or other applicable Code provisions.
Section 5. 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 6. Non - Codification. This Ordinance shall not be incorporated into the
Winter Springs City Code.
Section 7. 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
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Ordinance No. 2017 -10
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be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 8. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to
City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 12th day of June, 2017.
ATTEST:
AN R A LOREN7O- LUACES
City Clerk
APPROVE TO LEGAL FORM AND SUFFICIENCY
FOR TH WINTER SPRINGS ONLY.
ANTHONY A. G RGANESE
City Attorney
First Legal Ad Published: April 30, 2017
First Reading: May 8, 2017
Second Legal Ad Published: May 28, 2017
Effective Date: June 12, 2017
City of Winter Springs
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