READ ALONGSIDE THE SOURCE
Okaloosa County BOCC — December 20, 2016 — Public Hearing Request - Adoption of an Ordinance for a Moratorium on — agenda request — reading text
Part 1 of 1. These parts divide the reading text for browsing; they are not the source document's page numbers.
Public Hearing Request - Adoption of an Ordinance for a Moratorium on — agenda request — extracted reading text
Machine-extracted OCR text · Review label: Known limitations
Compare this copy with the preserved source. Review labels describe the recorded status of this file; they do not guarantee that the text is error-free. Spacing and line breaks are retained, with long lines wrapped to fit the screen.
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
DATE: December 20, 2016
TO: Honorable Chairman and Members of the Board
FROM: Roland Sims Jr.
SUBJECT: Public Hearing Request - Adoption of an Ordinance for a Moratorium on
Medical Marijuana Dispensaries
DEPARTMENT: County Administrator
BCC DISTRICT: ALL
STATEMENT OF ISSUE: Pursuant to Article VIII of the Florida Constitution and section
125.66, Florida Statutes, Okaloosa County possesses the police powers to enact ordinances to
protect the health, safety and welfare of its citizens. Medical marijuana dispensing facilities are
a new and unique use which is not currently addressed by the Land Development Code or Code
of Ordinances. Additionally, the voters have recently approved a constitutional amendment that
expands use of medical marijuana. It is anticipated that the Legislature or Department of Health
will be enacting legislation or regulations to address these issues. A short moratorium will allow
the County time to study, review and address issues that may arise under local jurisdiction.
BACKGROUND AND ANALYSIS: Pursuant to Article VIII of the Florida Constitution and
section 125.66, Florida Statutes, Okaloosa County possesses the police powers to enact
ordinances to protect the health, safety and welfare of its citizens. Medical marijuana dispensing
facilities are a new and unique use which is not currently addressed by the Land Development
Code or Code of Ordinances. Section 381.986 (8) (b), Florida Statues, permits counties to
determine by ordinance the criteria for the number, location, and other permitting requirements
that do not conflict with State law or department rule for all dispensing facilities of dispensing
organizations located within the unincorporated areas in the county. Additionally, the voters
have recently approved a constitutional amendment that expands use of medical marijuana. It is
anticipated that the Legislature or Department of Health will be enacting legislation or
regulations to address these issues.
A short moratorium on the acceptance and approval of applications for new medical marijuana
dispensing facilities will allow the County to address potential issues related to these uses. A
temporary postponement of 180 days on the acceptance of applications for the processing of, and
the issuance of development permits, development orders or any other official action by the
County permitting or having the effect of permitting new medical marijuana dispensing facilities
will allow time to review, study and hold public hearings, and prepare and adopt an amendment
or amendments to the Land Development Code to address this new and unique use. Adoption of
this ordinance will further the health, safety and welfare of the citizens of the County. Two
public hearings will be required for the adoption of the ordinance
Further, as there will be a delay before the moratorium ordinance can be adopted, staff
recommends that the Board adopt a resolution declaring that there is “zoning in process” which
would have the effect of not granting any vested rights to the establishment of a new medical
marijuana dispensing facilities by the filing of an application prior to the Board’s consideration
of the moratorium ordinance
OPTIONS: Approve/Disapprove.
RECOMMENDATION: Staff recommends the followings:
1. Authorize the scheduling and advertising of a two public hearings to be held at the
Board’s January 3rd and 17th, 2017 meetings for the consideration of an ordinance
imposing a moratorium on the acceptance of applications for, the processing of, and the
issuance of development permits, development orders or any other official action by the
County permitting or having the effect of permitting new medical marijuana dispensing
facilities.
2. Adopting a Resolution declaring that there is “zoning in progress” during the period prior
to the consideration of a moratorium ordinance.
RECOMMENDED BY:
APPROVED BY:
John Hofstad, County Administrator