HomeMy WebLinkAboutOrdinance 2018-01 Prohibition of Marijuana Treatment Center Dispensing Facilities within the CityORDINANCE NO. 2018-01
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; AMENDING CHAPTER 20 OF THE CITY CODE
TO PROHIBIT MEDICAL MARIJUANA TREATMENT
CENTER DISPENSING FACILITIES FROM LOCATING
WITHIN THE CITY; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, 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, on October 10, 2016, the City Commission adopted Ordinance No. 2016-08,
which initially established a temporary moratorium on medical cannabis activities within the
jurisdictional limits of the City during the moratorium period, and said moratorium was further
extended on June 12, 2017 by Ordinance No. 2017-10 until April 3, 2018; and
WHEREAS, subsequent to the adoption of the temporary moratorium, the Florida
Legislature passed SB 8-A, amending section 381.986, Florida Statutes, in the 2017 Special
Session, which was approved by the Governor and became effective immediately on June 23,
2017; and
WHEREAS, SB 8-A implements Article X, Section 29 of the Florida Constitution
(commonly known as "Amendment 2") and further contains specific preemption provisions
regarding dispensary facilities of medical marijuana treatment centers; and
WHEREAS, specifically, SB 8-A provides that a municipality may, by ordinance, ban
medical marijuana treatment center dispensing facilities from being located within the boundaries
of that municipality, but that a municipality that does not ban dispensing facilities may not place
specific limits either on the number of dispensing facilities that may locate in the municipality and,
further, may not enact ordinances for permitting or determining the location of dispensing facilities
which are more restrictive than its ordinances permitting or determining the locations for
pharmacies licensed under chapter 465, Florida Statutes; and
WHEREAS, the City Commission determines that it must update its ordinances relating
to medical marijuana treatment center dispensing facilities to comply with state law; and
WHEREAS, without an ability to regulate the number, location and distance requirements
of medical marijuana treatment center dispensing facilities in a manner different from licensed
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Ordinance No. 2018-01
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pharmacies, apart from distance from schools, which is set at 500 feet per state law, the City is
unable to promote the public health, safety, and general welfare of its citizens; and
WHEREAS, the City Commission determines that it is in the best interests of the public
health, safety and welfare of the citizens of the City of Winter Springs to ban medical marijuana
treatment center dispensing facilities from being located within the boundaries of the City; and
WHEREAS, the City Commission unanimously directed that the City Attorney prepare
an ordinance to impose a ban on medical marijuana treatment center dispensing facilities in the
City pursuant to Section 381.986(11)(b), Florida Statutes, at its regular City Commission meeting
on February 12, 2018; and
WHEREAS, the City's Land Planning Agency conducted a public hearing and reviewed
the Ordinance at its regular meeting on March 7, 2018, and has recommended approval of the
Ordinance; 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 fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code of Ordinances,
Chapter 20 is hereby amended as follows (underlined type indicates additions and stfikeeu4 type
indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing
in Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in
this Ordinance shall remain unchanged from the language existing prior to adoption of this
ordinance):
Chapter 20 Zoning
ARTICLE I. — IN GENERAL
Sec. 20-1. — Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
City of Winter Springs
Ordinance No. 2018-01
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MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITY. A facilites
medical marijuana treatment center, as that term is defined in s. 29, Art. X of the Florida State
Constitution, which dispenses marijuana, products containing marijuana, related supplies or
educational materials to qualifying patients or their personal caregivers, as defined in s. 29, Art. X
of the Florida State Constitution and section 381.986, Florida Statutes, but shall not include
facilitiesrg owing, cultivating or processing marijuana or derivative products.
ARTICLE V. SUPPLEMENTAL DISTRICT REGULATIONS
Division 1. Generally
E3EX3
Sec. 20-425. Medical Marijuana Dispensaries Prohibited.
Medical marijuana treatment center dispensing facilities shall be prohibited from locating
in any district of the City. The City will not accept, process or approve ani request or application
for a development order, building_ permit, or other approval associated with a proposed medical
marijuana treatment center &penin facility.
acility.
Section 3. 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 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 5. 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 6. Effective Date. This Ordinance shall become effective immediately
City of Winter Springs
Ordinance No. 2018-01
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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 the 12th day of March, 2018.
A T T E '.r,-
City
FCity C!erk
APPROYEAAS TO LEGAL FORM AND SUFFICIENCY
FOR OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
Legal Ad Published: February 18, 2018
First Reading: February 26, 2018
Legal Ad Published: March 4, 2018
Effective Date: March 12, 2018
City of Winter Springs
Ordinance No. 2018-01
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