Ordinance No. 90-17-226 vORDINANCE NO. 90-17-226
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH
CONSIDERING A TEMPORARY MORATORIUM ON THE
OPERATION OF MEDICAL MARIJUANA TREATMENT CENTERS
AND MEDICAL MARIJUANA DISPENSING ORGANIZATIONS
WITHIN THE CITY FOR A PERIOD OF ONE (1) YEAR; PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE:
WHEREAS, on March 25, 2016, the Florida Legislature amended numerous provisions of
Section 381.986, Florida Statutes to make various revisions including a revision to the definition
of "dispensing organization" to allow dispensing organizations to transport "medical cannabis",
and to include medical cannabis for eligible patients with terminal conditions and to provide
additional regulation of the Department of Health with regard to medical cannabis; and
WHEREAS, Chapter 64-4 "Compassionate Use" of the Florida Administrative Code has been
enacted to regulate the Department of Health with regard to the requirements for dispensing
organizations, including procedures for application, review, approval, inspection and
authorization of dispensing organizations, and the Department of Health has commenced its
application and review process; and
WHEREAS, on November 8, 2016, Florida voters approved an amendment to the Florida
Constitution ("Amendment 2") entitled "Use of Marijuana for Debilitating Medical Conditions";
and
WHEREAS, Amendment 2 legalizes the use of medical cannabis in the State of Florida and
authorizes the cultivation, processing, distribution, and sale of marijuana and related activities by
licensed "Medical Marijuana Treatment Centers"; and
WHEREAS, various state and national entities have begun addressing the direct and secondary
impacts relating to the legalization of cannabis, including the American Planning Association,
Denver Fire Department, Rocky Mountain High Intensity Drug Trafficking Area, U.S.
Department of Justice, Florida cities and counties, Florida for Care Blue Ribbon Commission,
and the Florida League of Cities -Florida Association of Counties -Florida Police Chiefs
Association -Florida Sheriffs Association Medical Marijuana Workgroup; and
WHEREAS, the comprehensive State licensing and regulatory framework directs that the
criteria for the number and location of, and other permitting requirements that do not conflict
with state law or department rule for, dispensing facilities of medical cannabis businesses may be
determined by local ordinance; and
WHEREAS, due to the historical prohibition of marijuana, the City of Atlantic Beach does not
currently have any land development regulations governing the use of real property for the
purposes of cultivating, processing, distributing, or selling marijuana or related activities, and
such uses are not permissible within the City; and
WHEREAS, Amendment 2 legalizes the medical use of medical cannabis throughout the State
of Florida for individuals with debilitating medical conditions as determined by a licensed
Florida physician and authorize the registration and regulation of centers that cultivate, process,
distribute, and sell medical cannabis products for medical purposes; and
WHEREAS, in order to promote effective land use planning, the City Commission wishes to
preserve the status quo while researching, studying and analyzing the potential impact of
Medical Marijuana Treatment Centers and dispensing organizations upon adjacent uses and the
surrounding area and the effect of Medical Marijuana Treatment Centers and dispensing
organizations on traffic, congestion, surrounding property values, demand for City services and
other aspects of the general welfare; and
WHEREAS, the dispensing of medical cannabis is currently illegal under federal law and the
United States Drug Enforcement Agency has recently confirmed that cannabis remains a
Schedule I drug under federal law, but the United States Department of Justice has discussed
federal enforcement of such laws with respect to state regulated cannabis operations in the 2012
"Cole Memorandum," and;
WHEREAS, potential adverse impacts on the health, safety, and welfare of residents and
business from secondary effects associated with the distribution of medical cannabis exist,
potentially including, offensive odors, trespassing, theft, fire hazards, increased crime in and
about the dispensary, robberies, negative impacts on nearby businesses, nuisance problems, and
increased DUI incidents; and
WHEREAS, certain of the above potential adverse impacts are accentuated by the current
difficulties experienced by medical cannabis businesses in obtaining banking services
necessitating such businesses to operate on a cash basis; and
WHEREAS, there exists the potential for misappropriation of medical cannabis to non-medical
uses; and
WHEREAS, an overabundance of dispensing facilities can affect the viability of such facilities,
result in compliance issues, lead to the improper diversion of products, and accentuate threats to
the public health, safety, and welfare; and
WHEREAS, the City Commission finds that a temporary moratorium on the operation of
Medical Marijuana Treatment Centers and dispensing organizations will allow the City a
sufficient period of time to determine what uses are best suited to particular zoning categories
and how best to formulate land development regulations that appropriately govern the use of real
property for purposes of cultivating, processing, distributing or selling medical cannabis or
related activities;
WHEREAS, it is not the purpose or intent of this Ordinance to restrict or deny access to medical
cannabis products as permitted by Florida law, but instead to enact reasonable restrictions
intended to protect the public health, safety and welfare and what any potential enacting State
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legislation or regulations will provide and when such enacting legislation and regulations will be
effective.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The aforementioned recitations are incorporated herein by reference.
SECTION 2. A temporary moratorium is imposed on the operation of Medical
Marijuana Treatment Centers and dispensing organizations within the city limits of the City of
Atlantic Beach. While the temporary moratorium is in effect, the City shall not accept, process or
approve any application relating to the operation of a Medical Marijuana Treatment Center or
dispensing organization. Nothing in this temporary moratorium shall be construed to prohibit the
medical use of medical cannabis by a qualifying patient, as determined by a licensed Florida
physician, pursuant to Amendment 2, Fla. Stat. §381.986 or other Florida law.
SECTION 3. For purposes of the temporary moratorium, a "Medical Marijuana
Treatment Center" means an entity that acquires, cultivates, possesses, processes (including
development of related products such as food, tinctures, aerosols, oils, or ointments), transfers,
transports, sells, distributes, dispenses, or administers medical cannabis, products containing
medical cannabis, related supplies, or educational materials to qualifying patients or their
caregivers and is registered by the Florida Department of Health. "Dispensing organization"
means an organization approved by the Florida Department of Health to cultivate, process,
transport, and dispense medical cannabis pursuant to Fla. Stat.§ 381.986.
SECTION 4. The City Manager or his designee is hereby directed to study land
development regulations for medical cannabis dispensing businesses and Medical Marijuana
Treatment Centers and the impact of such regulations in other jurisdictions.
SECTION 5. During the moratorium, it is unlawful and a violation of this ordinance for
any person or entity to open or cause to be opened any medical cannabis dispensing business or
Medical Marijuana Treatment Center within the City. It is also unlawful and a violation of this
ordinance for any person or entity to relocate or cause to be relocated any medical cannabis
dispensing business or Medical Marijuana Treatment Center within the City or to be expanded in
the City.
SECTION 6. This ordinance shall take effect upon its adoption by the City Commission.
The temporary moratorium shall terminate one (1) year from the effective date of this ordinance,
unless the City Commission rescinds or extends the moratorium by a subsequent ordinance.
SECTION 7. If any section, subsection, sentence, clause, phrase or provision of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not be construed to render the remaining provisions of this Ordinance invalid
or unconstitutional.
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SECTION 8. The City's code enforcement officer, law enforcement or any other person
authorized to enforce ordinances in the City may enforce the provisions of this Ordinance. Any
enforcement action or legal remedy available under controlling state law, including but not
limited to, prosecution as a misdemeanor with a fine not exceeding Five Hundred Dollars
($500.00) or by imprisonment for a term not exceeding sixty (60) days or by both fine and
imprisonment, may be imposed as a penalty. Nothing contained herein shall prevent the City
from taking such other lawful action in law and equity as may be necessary to remedy any
violation of, or refusal to comply with, any part of this Ordinance, including but not limited to:
(a) Code enforcement action pursuant to City of Atlantic Beach Ordinances;
(b) Pursuit of injunctive and/or declaratory relief in a court of competent jurisdiction;
(c) Initiating an action to recover any and all damages that may result from a
violation of, or a refusal to comply with, any part of this Ordinance; or
(d) Utilizing any other action or enforcement method allowable by law.
SECTION 9. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this
ordinance are repealed to the extent inconsistent herewith.
SECTION 10. The effective date of this Ordinance shall be November 28, 2016, the day
the Commission first took action towards adoption of the moratorium, in accordance with Smith
v. Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980). This Ordinance shall not be codified.
PASSED by the City Commission on first reading this 12th day of December, 2016.
PASSED by the City Commission on second and final reading this 9th day of January,
2017.
CITY OF ATLANTIC BEACH
Mitchell E. Reeves, Mayor
Attest: VZM&Z�— X4i?,7?iN.GL
Donna L. Bartle, City Clerk
Approved as to form and correctness:
—T(ce ✓ ry
Brjnn M. D , City Attorney
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