Ordinance 019-2018 1
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3 MONROE COUNTY, FLORIDA
4 ORDINANCE NO. 019 -2018
5
6 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
7 COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE AS
8 INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH ORDINANCE 010 -2017
9 FOR AN ADDITIONAL 365 DAYS TO DEFER THE ACCEPTANCE AND
10 APPROVAL OF NEW APPLICATIONS FOR THE ESTABLISHMENT OF MEDICAL
11 MARIJUANA DISPENSING FACILITIES COMMENCING OCTOBER 27, 2018,
12 UNTIL SUCH TIME AS A COMPREHENSIVE PLAN AND LAND DEVELOPMENT
13 CODE AMENDMENT PROCESS IS COMPLETED REGARDING MEDICAL
14 MARIJUANA DISPENSING FACILITIES AND PROVIDING FOR EXPIRATION
15 WITHIN 365 DAYS OF THE EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT
16 ORDINANCE OR WHEN THE COMPREHENSIVE PLAN AND LAND
17 DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER
18 COMES FIRST; PROVIDING FOR SEVERABILITY; PROVIDING FOR
19 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
20 SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE. (FILE 2018 -088)
21
22 WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida Statutes,
23 Monroe County possesses the police powers to enact ordinances in order to protect the health, safety, and
24 welfare of the County's citizens; and
25
26 WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on
27 15th day of February, 2017 in Key West, Florida adopted Resolution No. 47 -2017 directing the Monroe
28 County Planning and Environmental Resources Department to process an Ordinance to impose a
29 temporary moratorium upon the acceptance and processing of new applications for the establishment of
30 medical marijuana dispensing facilities; and
31
32 WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on 19
33 day of July, 2017 in Marathon, Florida adopted Ordinance 010 -2017 imposing a temporary moratorium
34 upon the acceptance and processing of new applications for the establishment of medical marijuana
35 dispensing facilities; and
File 2018 -088 Page 1 of 4
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1 WHEREAS, the Monroe County Board of County Commissioners determines that it is in the best
2 interest of its residents, businesses and visitors to enact sufficient zoning regulations to ensure their health,
3 safety and welfare; and
4
5 WHEREAS, medical marijuana dispensing facilities are a new and unique use which is not
6 currently addressed by the County Land Development Code or the Comprehensive Plan; and
7
8 WHEREAS, Section 381.986(8)(b), Fla. Stat., permits counties to "determine by ordinance the
9 criteria for the number, location, and other permitting requirements that do not conflict with state law or
10 department rule for all dispensing facilities of dispensing organizations located within the unincorporated
11 areas of that county "; and
12
13 WHEREAS, an extension to the temporary moratorium on the acceptance of applications for, the
14 processing of, and the issuance of development permits, development orders or any other official action
15 of Monroe County permitting or having the effect of permitting new medical marijuana dispensing
16 facilities will allow time to review, study, hold public hearings, and prepare and adopt an amendment or
17 amendments to the Land Development Code and the Comprehensive Plan to address this new and unique
18 use; and
19
20 WHEREAS, adoption of this ordinance will further the health, safety and welfare of the citizens
21 of Monroe County.
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
24 OF MONROE COUNTY:
25
26 SECTION 1: Recitals. The above recitals are true and are hereby adopted and confirmed.
27
28 SECTION 2: Purpose. The Purpose of this ordinance is to preserve the status quo and enable
29 sufficient time for the County to review, study, hold public hearings, prepare and adopt provisions to the
30 Land Development Code and /or Comprehensive Plan, relating to the appropriate locations for medical
31 marijuana dispensing facilities, if any.
32
33 SECTION 3. Zoning in Progress. Monroe County hereby recognizes that County staff intends
34 to study and prepare regulations that would result in the regulation of medical marijuana dispensing
35 facilities. These regulations, if adopted, will amend the County Land Development Code and /or the
36 Comprehensive Plan. All affected property and business owners are placed on notice with respect to these
37 pending regulations and the action being taken by the appropriate departments within the County.
38
39 SECTION 4: Moratorium.
40 A. For a period of 365 days from the effective date of this Ordinance, the County shall not accept,
File 2018 -088 Page 2 of 4
1 process or take any action on any application for a development permit, development order or
2 take any other official action which would have the effect of allowing or permitting the
3 development of medical marijuana dispensing facilities, except as provided in this ordinance.
4 Should the County adopt Amendments to the Land Development Code and Comprehensive
5 Plan prior to the 365 days' time, said application for medical marijuana dispensing facilities
6 shall be accepted upon the effective date of any such amendments.
7 B. This Ordinance shall not restrict, prohibit or otherwise prevent a property owner from the
8 reasonable use of their land or from developing their land in accordance with the
9 Comprehensive Plan.
10 C. The adoption of this Ordinance is undertaken by the County in good faith and is intended to
11 further the goals of the Monroe County Comprehensive Plan and Chapter 163, Florida Statutes.
12 D. The limited duration of this moratorium has been established to accomplish the appropriate
13 study, planning and analysis for future development through the Monroe County
14 Comprehensive Plan amendment process as described in Chapter 163, Part II, Florida Statutes,
15 and the Comprehensive Plan.
16 SECTION 5: Definition. The following definitions apply to the terms used in this Ordinance:
17 A. "Marijuana" has the meaning given cannabis in section 893.02 (3), Florida Statutes (2014),
18 and in addition, "low -THC cannabis" as defined in section 381.986 (1)(b), Florida Statutes
19 (2014).
20 B. "Medical Marijuana Dispensing Facility" means any establishment where low -THC, medical
21 cannabis Marijuana is permitted to be dispensed by an approved dispensing organization
22 pursuant to section 381.986, Florida Statutes and Florida Department of Health Rules or such
23 subsequently enacted rules and at Medical Marijuana Treatment Centers.
24 SECTION 6: Vested Rights.
25 A. Nothing in this Ordinance shall be construed or applied to abrogate the vested right of a
26 property owner to complete development where the property owner demonstrates each of the
27 following:
28 1. A government act of development approval was obtained prior to the effective date of
29 this Ordinance; and
30 2. The property owner has detrimentally relied, in good faith, on the governmental
31 approval by making substantial change in position or incurring extensive obligation
32 and expanses; and
33 3. It would be highly inequitable to deny the property owner the right to complete the
34 development.
35 B. Any property owner claiming to have vested rights must seek a determination from the
36 Planning Official pursuant to the procedures in the Land Development Code thirty (30) days
37 after the effective date of this Ordinance.
File 2018 -088 Page 3 of 4
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1 SECTION 7: Applicability. This Ordinance shall be applicable in the unincorporated areas of
2 Monroe County.
3
4 SECTION 8: Severability. If any section, subsection, sentence, clause, phrase, or provision of
5 this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
6 such holding shall not be construed to render the remaining provisions of this ordinance invalid or
7 unconstitutional.
8
9 SECTION 9: Filing of Ordinance and Effective Date. This Ordinance shall take effect upon
10 _ filing with the Florida Department of State.
1 e, 1 2 1- v;:,, P ASSE� . ID
ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
13 regular g of the Board held on thel5tlday of August , 2018.
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16 Mayor David Rice, District 4 Yes
17 Mayor Pro Tem Sylvia J. Murphy, District 5 Yes 18 Danny L. Kolhage, District 1 Yes o :. M!
19 George Neugent, District 2 Yes 20 Heather Carruthers, District 3 Yes rn 21 l d 22 ; : " d 23 Attest: K MADOK, CLERK BOARD OF COUNTY COMMISSIONER= a,�: b
24 O F MONROE , AFL • ' `A ` "
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File 2018 -088 Page 4 of 4
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Kevin Madok, CPA
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Clerk of the Circuit Court & Comptroller — Monroe Count Florida
•R OE COUN
September 4, 2018
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. 019 -2018 extending an Interim
Development Ordinance as initially established on July 19, 2017 through Ordinance 010- 2017for an
additional 365 days to defer the acceptance and approval of new applications for the establishment
of medical marijuana dispensing facilities commencing October 27, 2018, until such time as a
Comprehensive Plan or 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 amendment to the Land Use District (Zoning) Map; 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 August 15, 2018. Should you have any questions,
please feel free to contact me at (305) 292 -3550.
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: Planning & Environmental
County Administrator
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
RICK SCOTT
Governor
September 4, 2018
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela 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. 2018 -019, which was filed in this office on September 4,
2018.
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-19-025
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
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In re: A LAND DEVELOPMENT REGULATION car,- r '"1
ADOPTED BY MONROE COUNTY, FLORIDA n� -11
ORDINANCE NO. 019-2018 7=
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FINAL ORDER •, cn
APPROVING MONROE COUNTY ORDINANCE NO. 019-24f8
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. 019-2018 (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 August 15, 2018, and rendered
to the Department on July 11, 2019.
3. The Ordinance provides for an extension to a previously approved interim
development ordinance, Ordinance 010-2017, which was approved by Department's Final Order
DEO 17-143. Ordinance 010-2017 provided for deferring the processing of applications submitted
to Monroe County for marijuana dispensing facilities until the Monroe County Comprehensive
Plan and Land Development Code have been amended to address these facilities.
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. See §§ 380.05(6) and
380.0552(9), Fla Stat.
1
Final Order No. DEO-19-025
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, as required by Section 163.3177(1), Florida Statutes, and specifically, with Objective
101.5 and Policy 101.4.1.
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.
§§ 380.05(6) and 380.0552(9), Fla Stat. 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.019-2018 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.
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2
Final Order No. DEO-19-025
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.
DONE AND ORDERED in Tallahassee, Florida.
J es D. Stansbury, Chief
eau of Community Planning and Growth
epartment of Economic Opportunity
3
Final Order No. DEO-19-025
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.
4
Final Order No. DEO-19-025
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
following persons by the methods indicated this day of '1 h , 2019.
ph io
Agenc ii erk Dio-d-u)
De pa t of Economic Opportunity
p pp Y
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By U.S. Mail:
The Honorable Sylvia Murphy
Mayor, Monroe County
102050 Overseas Highway
Suite 234
Key Largo, Florida 33037
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
PO Box 1980
Key West,Florida 33041
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