Okaloosa County BOCC — July 11, 2017 — Medical Marijuana Ordinance post legislative session for July 11 hearing clean

ORDINANCE NO. 17 -____ AN ORDINANCE OF THE OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR THE REGULATION OF MEDICAL MARIJUANA DISPENSING FACILITIES AND TREATMENT CENTERS; AMENDING THE OKALOOSA COUNTY LAND DEVELOPMENT CODE, ORDINANCE 91-01, AS AMENDED; PROVIDING FOR LEGISLATIVE FINDINGS OF FACT; PROVIDING FOR AUTHORITY; PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR A NEW TERMS TO BE ADDED TO APPENDIX A, DEFINITIONS, OF THE LAND DEVELOPMENT CODE; PROVIDING FOR A NEW SECTION 2.09.04.21; PROVIDING FOR A NEW SECTION 2.10.04.R; AMENDING SECTION 2.07.04.2; PROVIDING FOR A NEW SECTION 2.20.10 INCLUDING PROVISIONS FOR SEPARATION REQUIRMENTS BETWEEN MEDICAL MARIJUANA FACILITIES AND PUBLIC AND PRIVATE SCHOOLS, PROHIBITION OF DRIVE THROUGH AND MOBILE VENDING; PROVIDING FOR THE REPEAL OF OKALOOSA COUNTY ORDINANCE NO. 17-01; PROVIDING FOR AREA EMBRACED; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE OKALOOSA COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Article VIII of the Florida Constitution and Section 125.66, Florida Statutes, Okaloosa County possesses the power to enact ordinances in order to protect the health, safety, and welfare of the County's citizens; and WHEREAS, medical marijuana dispensing facilities and treatment centers are new and unique uses which are not currently addressed by the Okaloosa County Code; and WHEREAS, the Okaloosa County Board of County Commissioners determines that it is in the best interest of its residents, businesses, and visitors to enact sufficient zoning regulations to ensure their health, safety and welfare relating to the cultivation, possession, processing, transfer, transport, selling, distribution, and dispensing of medical marijuana; and WHEREAS, regarding medical marijuana dispensing facilities, section 381.986, Fla. Stat., permits counties to "determine by ordinance the criteria for the location of, 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 of that county"; and 1  WHEREAS, a one hundred and eighty (180) day moratorium on the acceptance of applications for, the processing of, and the issuance of development permits, development orders or any other official action of Okaloosa County permitting or having the effect of permitting new medical marijuana dispensing or treatment center facilities was adopted in Ordinance No. 17-01 by the Okaloosa County Board of County Commissioners on January 17, 2017, and effective on January 23 2017, to allow time to review, study, hold public hearings, and prepare and adopt an amendment or amendments to the Okaloosa County Code to address this new and unique use; and WHEREAS, the moratorium has provided an opportunity to consider appropriate regulatory standards for the location, zoning of medical marijuana dispensing facilities and treatment centers in unincorporated area of Okaloosa County; and WHEREAS, the regulation of the location and other permitting requirements of medical marijuana dispensing facilities and treatment centers in the unincorporated area of Okaloosa County requires the consideration of special issues related to the operation of such facilities; and WHEREAS, adoption of this Ordinance will further the health, safety, and welfare of the citizens of Okaloosa County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF CO