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2017-09-373 - Extension of Moratorium Medical MarijuanaMedical Marijuana 18605 N W 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 26, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x X Public Hearing: (Enter X in box) Yes No Yes No x Funding Source: General Fund Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Sponsor Name: Councilman David Williams Jr. Department: Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, EXTENDING THE EXISTING MORATORIUM ON THE SUBMISSION, PROCESSING AND ISSUANCE OF DEVELOPMENT PERMITS, CERTIFICATES OF USE, BUSINESS TAX RECEIPTS AND ALL OTHER APPLICATIONS AND PERMITS FOR THE OPERATION OF MEDICAL MARIJUANA DISPENSING FACILITIES AND MEDICAL MARIJUANA DISPENSING ORGANIZATIONS FOR AN ADDITIONAL 180-DAY PERIOD; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY AND DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background On January 11, 2017 the City Council of the City of Miami Gardens adopted Ordinance No. 2017-1-365, in response to Amendment 2 of the Florida Constitution, legalizing medical marijuana. As Medical Marijuana Dispensing Facilities and Medical Marijuana Dispensing Organizations are new and unique uses which are not currently addressed by the City's Land Medical Marijuana 18605 N W 27th Avenue Miami Gardens, Florida 33056 Development Regulations or Code of Ordinances, the Ordinance called for a temporary moratorium on acceptance of applications permitting new Medical Marijuana Dispensing Facilities or Medical Marijuana Dispensing Organizations for a period of 180-days. This would have allowed the City time to review and study this unique use, and determine the scope of measures for implementing any regulations. Current Situation On June 9, 2017, the Florida Senate passed Senate Bill 8A and Senate Bill 6A, which allows local governments to regulate the location of dispensing facilities and provides that a local government may ban dispensaries within its borders. The proposed legislation also provides that if a local government permits dispensing facilities, it may not impose limits on the number of dispensing facilities. On June 23, 2017, the proposed legislation was approved by the Governor. Councilman David Williams, Jr., is recommending a 180-day extension of the temporary moratorium on the acceptance of applications for, the processing of, and the issuance of development permits, development orders or any other official action of the City of Miami Gardens permitting or having the effect of permitting new Medical Marijuana Dispensing Facilities and Medical Marijuana Dispensing Organizations. This will allow the City the additional time needed to review, study, hold public hearings, and prepare and adopt amendment(s) to the Land Development Regulations and/or Code of Ordinances which do not conflict with State law or Department rule at such time as those rules or laws are enacted by the State legislature per Section 381.986(8)(b), Florida Statutes. During this 180-day extension period, the City will not take any action on any application for certificate of use, business tax receipts, development permits, issue any development order, or take other official action, which would have the effect of allowing, or permitting the development of Medical Marijuana Dispensing Facilities or Medical Marijuana Dispensing Organizations, except as provided in this Ordinance. Proposed Action: That the City Council approves the proposed Ordinance. Attachment: Exhibit “A”- Previous Ordinance No. 2017-1-365