Manatee County Government Administrative Building First Floor, Chambers December 1, 2016 - 9:00 AM
December 1, 2016 - Land Use Meeting
Agenda Item #16

Ordinance No. 16-49 - Temporary Moratorium - Medical Marijuana


Contact and/or Presenter Information
Fred Goodrich, Planner, ext. 6866

Action Requested
This is the first of two required public hearings.  The second public hearing is scheduled for December 13, 2016.  The following motion is necessary to pass by at least 5 votes to hold the second hearing during regular meeting time:

"I move to waive the requirement in Section 125.66(4)(b)1. Florida Statutes to hold the second public hearing on Ordinance No. 16-49 after 5:00 p.m.

Enabling/Regulating Authority
Section 381.986, Florida Statutes.

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

(Copies of the Florida Statute and Amendment 2 ballot language are attached)

Background Discussion
The Board of County Commissioners on October 25, 2016 directed the preparation of an ordinance and the scheduling of public hearings to consider a temporary moratorium on the acceptance and processing of new applications for the establishment of medical marijuana processing and dispensing facilities in the unincorporated area of Manatee County for a period of 180 days.

Amendment 2 to the Florida Constitution was passed by the Florida voters on November 8, 2016.

The County Attorney's Office has provided copies of proposed Ordinance No. 16.49 to the City Attorneys for the Cities of Long Boat Key, Anna Maria, Holmes Beach, Bradenton Beach, Palmetto, and Bradenton.  Legal Counsel for the Sheriff's Office was also provided a copy of this proposed ordinance.

Because medical marijuana is a new land use which is not currently addressed by the Manatee County Land Development Code or Code of Ordinance, the proposed temporary moratorium is for the minimum duration necessary to provide staff with time to review, study, schedule and provide notices for public hearings to be held by the Planning Commission and Board to adopt amendments to the Comprehensive Plan, Land Development Code, and Code of Ordinances consistent with applicable law.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Assistant County Attorney Sarah Schenk prepared proposed Ordinance No. 16-49.

Reviewing Attorney

Instructions to Board Records

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  MedMarijuanaMoratoriumOrd.pdf
Attachment:  Amendment 2.pdf
Attachment:  FS-Compassionate Use.pdf
Attachment:  Staff Report.pdf
Attachment:  Med. Marijuana Newspaper Advertising.pdf
Attachment:  Affidavit of Publishing - Sarasota Herald Tribune Display - 12-1-2016 BCC.pdf