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therein, which represents a broader population of patients than those originally eligible under the
<br />Compassionate Use Act and the Right to Try Act; and
<br />WHEREAS, On June 19, 2017, the Florida Legislature signed and presented to the
<br />Governor, Senate Bill 8 -A, which essentially preempts the regulation of Medical Marijuana
<br />Treatment Centers to the State, and provides that cities can either ban Medical Marijuana
<br />Treatment Center dispensing facilities within the boundaries of the City, or can treat them as
<br />pharmacies; and
<br />WHEREAS, the Compassionate Use Act is implemented by rule of the Florida
<br />Department of Health under Chapter 64 -4, Florida Administrative Code; and
<br />WHEREAS, the Florida Department of Health is currently undergoing rule development
<br />to update its rules consistent with Amendment 2, and Florida Statutes; and
<br />WHEREAS, despite the approval of Amendment 2, and the actions of the Florida
<br />Legislature, the treatment of medical cannabis by the federal government remains uncertain
<br />given the new federal administration; and
<br />WHEREAS, the City is granted the authority, under § 2(b), Art. VII, of the State
<br />Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
<br />law; and
<br />WHEREAS, on July 13, 2015, the City enacted a temporary moratorium pursuant to
<br />Ordinance 15 -1426, on the operation of any "Dispensing Organization Facility" defined therein
<br />as, "a cultivation, processing, and dispensing facility" and prohibited the acceptance, processing
<br />or approvals of any application for business tax receipts, building permits, land use /zoning
<br />permits, or any other development permits concerning or related to any and all Dispensing
<br />Organization Facilities; and
<br />WHEREAS, Ordinance 15 -1426 further temporarily prohibited the processing or
<br />approval of any permits, licenses or approvals for any property, entity, or individual for the
<br />processing, transportation, sale or distribution of Low -THC Cannabis, as defined in Section
<br />381.986(1)(b), Florida Statutes; and
<br />WHEREAS, the moratorium imposed pursuant to Ordinance 15 -1426 expired on
<br />January 9, 2016; and
<br />WHEREAS, on April 11, 2016, in accordance with then - existing state law, the City
<br />adopted Ordinance 16 -1439, enacting location, site, operational requirements, and other
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