www.mymanatee.org
Manatee County Government Administrative Building First Floor, Chambers August 10, 2017 - 9:00 am
REVISED August 10, 2017 - Planning Commission Meeting
Agenda Item #6


Subject
LDCT-17-04/Ordinance 17-47 - Land Development Code Amendment Medical Marijuana Treatment Center Dispensing Facility - Legislative - Margaret Tusing, Principal Planner

Briefings
None

Contact and/or Presenter Information

Presenter:

   Margaret Tusing, Principal Planner, 941-748-4501 ext. 6828

Contact:

   Bobbi Roy, Planning Coordinator, 941-748-4501 ext. 6878



Action Requested

RECOMMENDED MOTION:

Based upon the staff report, evidence presented, comments made at the Public Hearing, and finding the request to be CONSISTENT with the Manatee County Comprehensive Plan and in accordance with Section 341 of the Land Development Code, I recommend adoption of Ordinance 17-47, amending the Manatee County Land Development Code, as recommended by staff.



Enabling/Regulating Authority

Section 381.986, Florida Statutes (2017)

Amendment 2, "Use of Marijuana for Debilitating Medical Conditions" passed by the Florida voters on November 8. 2016

Section 125.01, Florida Statutes



Background Discussion

• The Board adopted Ordinance No. 16-49 on December 13, 2016, to enact a temporary moratorium on the establishment and operation of medical marijuana dispensary organizations and medical marijuana treatment centers within the unincorporated areas of Manatee County for period of 180 days.  
• On June 6, 2017, the Board adopted Ordinance No.17-31, to extend the temporary moratorium previously enacted by Ordinance No. 16-49, for a period of 90 days expiring on September 16, 2017.
•  Florida Senate Bill 8-A (2017), enrolled version dated June 9, 2017, regarding medical marijuana essentially pre-empts the “regulation” of cultivating, processing and delivery of marijuana by medical marijuana treatment centers to the State of Florida.  
• Land use regulations are a form of governmental “regulation,” thus the enactment of zoning regulations applicable to facilities engaged in cultivation, processing or delivery of medical  marijuana has been pre-empted to the State and the County may not regulate these activities either by zoning regulations or otherwise.
• Florida Senate Bill 8-A codified within Section 381.986, Florida Statutes (2017) allows local governments to regulate medical marijuana dispensing facilities. The County has the following two options either to:
(1) ban medical marijuana treatment  center dispensing facilities within the County or, alternatively,
(2) allow medical marijuana treatment center dispensing facilities  within the County by an ordinance containing permitting requirements not in conflict with state law or the implementing rules of the Florida Department of Health.
• If the County selects the second option above, and opts to regulate the medical marijuana treatment center dispensing facilities, then the County man not enact ordinances which are more restrictive than the  ordinances of the County permitting or determining permissible locations for pharmacies (as defined and licensed under Chapter 475, Florida Statues).
• Proposed LDCT Amendment17-04/Ordinance 17-47 has been prepared to reflect the second option above.
• It is a policy decision of the Board of County Commissioners as to which option will promote the public welfare and serve a valid public purpose.
• Due to the current temporary moratorium expiring on September 16, 2017, the second option is being presented to the Planning Commission for review and a recommendation to the Board in a timely manner.
• Staff recommends approval.



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Sarah Schenk reviewed and responded by emails to Matter 2017-0371 on July 20 & 26, 2017.

Reviewing Attorney
Schenk

Instructions to Board Records
N/A

Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  Staff Report - LDC Medical Marijuana - Ordinance 17-47.pdf
Attachment:  1 - Newspaper Advertising.pdf
Attachment:  2.1 - Ordinance 17-47.pdf
Attachment:  2.2 - Exhibits to Ordinance.pdf
Attachment:  3 - Florida Statutes 381.986 Medical use of marijuana.pdf
Attachment:  2 2 - Revised Exhibit A-2 to Ordinance.pdf
Attachment:  08 07 17 School Report - No Comments.pdf