|August 22, 2017 - Regular Meeting|
Agenda Item #40
LDCT-17-04/Ordinance 17-47 - Land Development Code Text Amendment - Medical Marijuana Treatment Center Dispensing Facility - Legislative - Margaret Tusing, Principal Planner
Contact and/or Presenter Information
Margaret Tusing, Principal Planner, 941-748-4501 ext. 6828
Bobbi Roy, Planning Coordinator, 941-748-4501 ext. 6878
No action necessary; this is the first of two required public hearings. The second public hearing is scheduled for September 7, 2017.
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
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:
ban medical marijuana treatment center dispensing facilities within the County or, alternatively,
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 cannot 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 Amendment 17-04/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.
On August 10, 2017, by a vote of 4 – 1, the Planning Commission recommended approval. Their recommendation was for the distance separation required to be measured from the real property line of medical treatment center dispensing facility to the real property line of the public or private elementary, middle, or high school facility. Mr. DeLesline voted nay stating he would like the distance separation measured consistent with bars. Mr. Rahn was absent.
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 and 26, 2017.
Instructions to Board Records
Cost and Funds Source Account Number and Name
Amount and Frequency of Recurring Costs
Attachment: Staff Report - LDC Medical Marijuana - Ordinance 17-47.pdf
Attachment: 1 - Newspaper Advertising.pdf
Attachment: 2.2 - Exhibits to Ordinance.pdf
Attachment: 3 - Florida Statutes 381.986 Medical use of marijuana.pdf
Attachment: 4 - School Report - No Comments.pdf
Attachment: Ordinance 17 - 47 Medical Marijuana LDC Amendment .pdf