Manatee County Government Administrative Building May 4, 2017 - 9:00 am First Floor - Chambers
REVISED May 4, 2017 - Land Use Meeting
Agenda Item #4

Ordinance No. 17-31; Extension of Temporary Moratorium on Medical Marijuana Dispensaries and Treatment Center Facilities

Briefing Provided Upon Request

Contact and/or Presenter Information

Sarah A. Schenk, Assistant County Attorney, Ext. 3750; 
Fred Goodrich, Division Manager/County Zoning Official, Building and Development Services, Ext. 6866

Action Requested

1.   Motion to authorize the County Attorney's Office to schedule and advertise proposed Ordinance No. 17-31 regarding an extension of the temporary moratorium currently in place for a period of 90 days from June 18, 2017 to September 16, 2017 on the establishment and operation of medical marijuana dispensary organizations and medical marijuana treatment centers; and

2.   Motion to authorize the waiver of the requirement of Section 125.66(4)(b)(1), Florida Statutes to hold a second public hearing on Ordinance No. 17-31 after 5:00 p.m. [requires 5 affirmative votes].

Enabling/Regulating Authority

(1) Section 381.986, Florida Statutes; (2) Amendment 2, "Use of Marijuana for Debilitating Medical Conditions" passed by the Florida voters on November 8, 2016; and (3) Section 125.01, Florida Statutes.

Background Discussion

The County Attorney's Office has prepared the timeline below to assist in summarizing the chronology of the ordinance:

  • 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 a period of 180 days.

  • The current temporary moratorium will expire on June 18, 2017.

  • Currently, there is state legislation pending which may impact the proposed ordinances to regulate medical marijuana dispensary organizations and medical marijuana treatment centers.

  • County staff has advised that a minimum of 90 days for the extension of a temporary moratorium is necessary to enable sufficient time to review, study, hold public hearings, and prepare and adopt amendment or amendments to the County's Comprehensive Plan, Land Development Code, and Code of Ordinances to address this new and unique use.  Additionally, the legislative session is scheduled to end on or about May 1, 2017, at which point the County would then have additional information concerning the content of pending state legislation and its possible impact on the regulation of this new use.

  • Attached is a draft ordinance to extend the temporary moratorium for a period of 90 days from June 18, 2017, to September 16, 2017.

  • Per our standard practices, the County Attorney's Office requests that the Board authorize the scheduling and advertising of the required public hearings (two public hearings before the Board of County Commissioners are required) to consider adoption of the proposed ordinance to extend the moratorium.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney item.

Reviewing Attorney

Instructions to Board Records
Please return a fully approved electronic copy of this agenda item and its supporting documents to Jo Ann Grace at: joann.grace@mymanatee.org

Thank you.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Ord No. 17-31 Ext of Temp Moratorium on Medical Marijuana FINAL 4-7-17.pdf