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,3""Y 'S,Fs: City of Sunny Isles Beach <br /> A0 : e9n 18070 Collins Avenue <br /> " Z Sunny Isles Beach, Florida 33160 <br /> Vy l k <br /> +ter <br /> -P,, <oc\9o447- (305)947-0606 City Hall <br /> c <br /> :Tti of slµ'"` (305)949-3113 Fax <br /> MEMORANDUM <br /> TO: The Honorable Mayor and City Commission <br /> FROM: Hans Ottinot, City Attorney <br /> DATE: 9/21/2017 <br /> Ordinance Prohibiting Medical Marijuana Treatment <br /> RE: Centers or Medical Marijuana Dispensing Facilities from <br /> being located in Sunny Isles Beach <br /> RECOMMENDATION: <br /> It is recommended that the City Commission adopt the proposed <br /> Ordinance prohibiting Medical Marijuana Treatment Centers or Medical <br /> Marijuana Dispensing Facilities from being located in Sunny Isles <br /> Beach. <br /> REASONS: <br /> By Ordinance No. 2017-491, passed and adopted on second reading <br /> on January 19, 2017, the City Commission imposed a moratorium on <br /> the issuance of licenses or permits for marijuana dispensing facilities. <br /> On June 9, 2017, the Florida Legislature passed and adopted a <br /> comprehensive medical marijuana reform law. On June 23, 2017, <br /> Florida Governor Rick Scott signed the reform law. <br /> Under the new law, the regulatory framework for cultivating, processing, <br /> and delivering marijuana by medical marijuana treatment center <br /> dispensing facilities is preempted to the state of Florida with certain <br /> exceptions. However, a primary exception to this preemption is the <br /> ability of a county or a municipality to ban medical marijuana treatment <br /> dispensing facilities from being located within the boundaries of that <br /> county or municipality. The effects of medical marijuana treatment <br /> center dispensing facilities, as they relate to crime, demand on City <br /> services, surrounding property values, traffic and congestion, are <br /> 61 <br />