Ordinance 010-2017P
MONROE COUNTY, FLORIDA
ORDINANCE 010 -2017
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TO DEFER THE ACCEPTANCE AND APPROVAL OF
NEW APPLICATIONS FOR THE ESTABLISHMENT OF MEDICAL
MARIJUANA DISPENSING FACILITIES COMMENCING FEBRUARY 15,
2017, UNTIL SUCH TIME AS A COMPREHENSIVE PLAN AND LAND
DEVELOPMENT CODE AMENDMENT PROCESS IS COMPLETED
REGARDING MEDICAL MARIJUANA DISPENSING FACILITIES AND
PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE
DATE OF THIS INTERIM DEVELOPMENT ORDINANCE OR WHEN THE
COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE
AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST;
PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO
THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
STATE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 047-
2017, at a regular meeting on February 15, 2017 in Key West, Florida, directed staff to process an
ordinance to impose a temporary moratorium deferring the approval of new private applications for the
establishment of medical marijuana dispensing facilities commencing February 15, 2017; and
WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
Statutes, Monroe County possesses the police powers to enact Resolutions in order to protect the
health, safety, and welfare of the County's citizens; and
WHEREAS, the Monroe 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; and
WHEREAS, medical marijuana dispensing facilities are a new and unique use which is not
currently addressed by the County Land Development Code or the Comprehensive Plan; and
WHEREAS, Amendment 2 to the Florida Constitution, and the expanded qualifying medical
conditions, became effective on January 3, 2017; and
WHEREAS, Amendment 2 requires the Florida Department of Health to: issue regulations for
implementation of the amendment within 6 months (July 3, 2017); and
2017 -055 Page 1 of 3
WHEREAS, Florida Department of Health rulemaking is ongoing and several statutory
amendments are under review in the current Legislative Session; and
WHEREAS, Section 381.986(8)(b), F.S., 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 of that county" and
WHEREAS. a temporary moratorium on the acceptance and approval of applications for the
processing of, and the issuance of development permits, development orders or any other official
action of Monroe County permitting or having the effect of permitting new medical marijuana
dispensing facilities will allow time to review, study, hold public hearings, and prepare and adopt an
amendment or amendments to the Land Development Code and the Comprehensive Plan to address
this new and unique use: and
WHEREAS, adoption an ordinance addressing the interim time period between the current
adopted comprehensive plan and land development code and the adoption of any new amendment(s)
[new definitions and/or other code requirements] is necessary to ensure that any requirements are fully
evaluated to ensure public health, safety, and welfare of the citizens of unincorporated Monroe County,
including the provision of public participation in the planning process;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY:
Section 1. Moratorium Imposed. Monroe County Planning and Environmental Resource Department
shall defer the approval of new applications for the establishment of medical marijuana dispensing
facilities commencing February 15, 2017. Providing for expiration within 365 days of the effective
date of an interim development ordinance or when the Comprehensive Plan and Land Development
Code amendments become effective, whichever comes first.
Section 2. Term. The moratorium imposed by this Ordinance is temporary and, unless
dissolved earlier by the Board of County Commissioners, shall automatically dissolve upon the
adoption of Comprehensive Plan and Land Development Code amendments. In no event, however,
shall the moratorium imposed by this Ordinance extend beyond 365 days from the effective date of this
ordinance.
Section 3. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause of phrase of this Ordinance shall for any reason be held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that
this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
2017 -055 Page 2 of 3
Section 5. Filing and an Effective Date. The provisions of this Ordinance constitute a "land
development regulation" as State law defines that term. This ordinance shall be filed in the Office of
the Secretary of State of Florida, but shall not become effective until a notice is issued by the State
Land Planning Agency or Administration Commission finding the amendment in compliance, and if
challenged until such challenge is resolved pursuant to Chapter 120, F.S.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 19th day of July , 2017.
DEPUTY CLERK
Mayor George Neugent
Yes
Mayor Pro Tem David Rice
Yes
Commissioner Danny L. Kolhage
Yes
Commissioner Heather Carruthers
Yes
Commissioner Sylvia Murphy
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY 4 .tom
ayor George Neugent
MONROE COUNTY A ORNEY
AP VED AS TQ M:•
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Page 3 of 3
Kevin Madok, cPA
r Clerk of the Circuit Court & Comptroller — Monroe County, Florida
August 2, 2017
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399 -0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 010 -2017 to defer the acceptance and
approval of new applications for the establishment of medical marijuana dispensing facilities
commencing February 15, 2017, until such time as a Comprehensive Plan and Land
Development Code amendment process is completed regarding medical marijuana dispensing
facilities and providing for expiration within 365 days of the effective date of the interim
development Ordinance or when the Comprehensive Plan and Land Development Code
amendments become effective, whichever comes first; providing for severability; providing for
transmittal to the State Land Planning Agency and the Secretary of State; providing for an
effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on July 19, 2017. Should you have any questions, please
feel free to contact me at (305) 295 -3130.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court & Comptroller &
ex- officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D. C.
cc: Growth Management
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305- 294 -4641 305- 289 - 6027 305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
JIM S�
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FLORIDA DEPARTMENT 0 f STATE
RICK SCOTT
Governor
August 3, 2017
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Pam Hancock
Dear Mr. Madok:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 010 -2017, which was filed in this office on August 3,
2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270
www.dos.state.ft.us
Final Order No. DEO -17 -143
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 010 -2017 (the "Ordinance ").
FINDINGS OF FACT
1. The Florida Keys Area is designated by section 380.0552, Florida Statutes, as an
area of critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on July 19, 2017, and rendered to
the Department on August 8, 2017.
3. The Ordinance amends the Monroe County Land Development Code ( "Code ") by
deferring the processing of applications for marijuana dispensing facilities until the Monroe
County Comprehensive Plan and Land Development Code have been amended to address these
facilities, but no more than 365 days from the date of the Ordinance.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. Sections 380.05(6), and
380.0552(9), Florida Statutes.
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FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 010-2017
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The Department of Economic Opportunity ( "Department ") hereby issues its Final Order,
pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 010 -2017 (the "Ordinance ").
FINDINGS OF FACT
1. The Florida Keys Area is designated by section 380.0552, Florida Statutes, as an
area of critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on July 19, 2017, and rendered to
the Department on August 8, 2017.
3. The Ordinance amends the Monroe County Land Development Code ( "Code ") by
deferring the processing of applications for marijuana dispensing facilities until the Monroe
County Comprehensive Plan and Land Development Code have been amended to address these
facilities, but no more than 365 days from the date of the Ordinance.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. Sections 380.05(6), and
380.0552(9), Florida Statutes.
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Final Order No. DEO -17 -143
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. Section 380.031(8), Florida Statutes. The
regulations adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, and specifically, Objective 101.5, as required by section 163.3177(1), Florida Statutes.
7. All land development regulations enacted, amended, or rescinded within an area of
critical state concern must be consistent with the principles for guiding development for that area.
Sections 380.05(6) and 380.0552(9), Florida Statutes. The Principles for Guiding Development
for the Florida Keys Area of Critical State Concern are set forth in section 380.0552(7), Florida
Statutes.
8. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically complies with the following:
(a) Strengthening local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
continuing the area of critical state concern designation.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida
Keys and maintaining the Florida Keys as a unique Florida resource.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 010 -2017 is consistent with the Monroe County Comprehensive Plan and Principles
for Guiding Development for the Florida Keys Area of Critical State Concern and is hereby
APPROVED
This Order becomes effective 21 days after publication in the Florida Administrative
Register unless a petition is timely filed as described in the Notice of Administrative Rights below.
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Final Order No. DEO -17 -143
DONE AND ORDERED in Tallahassee, Florida.
� '4 I)e " ( �t-
J es D. Stansbury, Chief
ureau of Community Planning and Growth
Department of Economic Opportunity
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569, FLORIDA STATUTES.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28- 106.104(2), 28- 106.201(2), AND 28- 106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
ANY PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT
OF ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF THE FINAL ORDER
BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS
FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399 -4128
FAX 850 -921 -3230
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF THE
FINAL ORDER BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
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Final Order No. DEO -17 -143
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true and correct copies have been furnished to the
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following persons by the methods indicated this ' day of Srptember- 2017.
A nc Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399 -4128
By Certified U.S. Mail
The Honorable George Neugent
Mayor, Monroe County
PO Box 1980
Key West, Florida 33041
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
PO Box 1980
Key West, Florida 33041
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