1146 Medical Marijuana MorotoriumORDINANCE NO. 1146
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA,
ADDRESSING THE UPCOMING VOTE CONCERNING NO. 2
CONSTITUTIONAL AMENDMENT, ARTICLE X, SECTION 29, "USE OF
MARIJUANA FOR DEBILITATING MEDICAL CONDITIONS" ON THE
BALLOT FOR THE GENERAL ELECTIONS SCHEDULED FOR
NOVEMBER 8, 2016; IT APPEARING THAT SHOULD THE MEASURE BE
APPROVED BY THE ELECTORATE, THE FLORIDA LEGISLATURE MAY
THEN ENACT REGULATIONS OR RESTRICTIONS ON THE SALE AND
DISTRIBUTION OF MEDICAL MARIJUANA; THAT PENDING SUCH VOTE
AND ACTION OF THE LEGISLATURE OR STATE ADMINISTRATIVE
AGENCY, IT REMAINS UNCLEAR WHAT RESTRICTIONS OR
REGULATIONS WHETHER ANY, THAT LOCAL MUNICIPAL
GOVERNMENTS COULD ENACT REGARDING THIS ISSUE; THAT UNTIL
IT IS DETERMINED WHEN AND WHETHER LOCAL MUNICIPAL
GOVERNMENTS CAN PROCEED WITH REGULATIONS, THAT A
MORATORIUM BE IMPOSED WITHIN THE CITY OF OKEECHOBEE, SAID
MORATORIUM SUSPENDING THE ACCEPTANCE AND APPROVAL OF
ANY APPLICATION FOR BUSINESS TAX RECEIPT, OCCUPATIONAL
LICENSE, BUILDING PERMIT, ZONING OR LAND USE CHANGE, OR
ANY OTHER DEVELOPMENT PERMIT DIRECTED TO THE OPERATION
OF A BUSINESS THAT SELLS, DISTRIBUTES, PROVIDES, OR IN ANY
MANNER DEALS WITH THE DISTRIBUTION OF MEDICAL MARIJUANA
TO THE PUBLIC; PROVIDING FOR SUNSET PROVISION; PROVIDING
FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, there is a measure on the ballot of November 8, 2016, for voter consideration
to approve Amendment 2, the so called "use of marijuana for debilitating medical
conditions" amendment to the State of Florida Constitution; and
WHEREAS, should the matter be approved by vote of the electorate, the Florida
Legislature or State Administrative Agency, may enact certain regulations or
restrictions as to the manner and means of the sale and distribution of "use of
marijuana for debilitating medical conditions;" and
WHEREAS, pending such vote, and subsequent action by the Legislature or State
Administrative Agency, it is not clear at what point and to what extent local municipal
governments can impose local regulations, be it by Zoning and Land Use
Regulations; or Special Exception; or imposing an outright ban on such activity; and
WHEREAS, local municipal governments have a legitimate and inherent interest in the
sale and distribution of substances that impact the quality of life in the City of
Okeechobee, and which may cause impairment to its citizens and others, and can
enact ordinances to address and regulate such sales; and
WHEREAS, the City Council for the City of Okeechobee, believes it is in the best interests
of the City and its citizens of Okeechobee to impose a Moratorium on the permitting
of business locations to sell or distribute medical marijuana pending outcome of the
vote, and clarification of the ability of local municipal government to impose
additional or stricter regulations; and
NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City; that:
SECTION 1.
THAT the City Council for the City of Okeechobee, Florida, hereby enacts and
imposes a Moratorium which has the effect of prohibiting and preventing any
Department of the City of Okeechobee from accepting an application for Business
Tax Receipt, Occupational License, Land Use or Zoning change, Special Exception,
or in any manner acting upon a request of any person or entity for the establishment
Ordinance No. 1146 Page 1 of 2
of a business location within the City that is for the purpose of selling, distributing,
advertising, or in any manner promoting the sale and /or distribution of marijuana for
medical, or any other purpose.
SECTION 2.
THAT this Moratorium shall remain in effect for 180 days from the effective date
hereof, pending further action by the City Council of the City of Okeechobee, which
may then impose additional regulations, or Land Use or Zoning restrictions, on the
operation of such a business.
SECTION 3.
THAT this Moratorium shall expire automatically without further action by the City
Council of the City of Okeechobee, in the event the electorate should not approve
Amendment 2 on November 8, 2016.
SECTION 4.
THAT should the measure be approved on November 8, 2016, this Moratorium shall
automatically expire 180 days from the effective date hereof, unless extended by
further action of the City Council of the City of Okeechobee.
SECTION 5.
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
SECTION 6.
Should any provision or portion of this Ordinance be declared by a court of
competent jurisdiction to be void, unconstitutional, or unenforceable, then all
remaining provisions and portions of this Ordinance shall remain in full force and
effect.
SECTION 7.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for First Reading and set for Final Public Hearing on this 18th day of
October, 2016.
/.
James. E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 1St day of
November, 2016.
■11, INK i_hr-11
Lane amiotea, C, City Clerk
REVIE ED FOR LEGAL SUFFICIENCY:
1 '
John R. Cook, City Attorney
Ordinance No. 1146 Page 2 of 2
James E. Kirk, Mayor
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b) Public comments and discussion.
2.a) Motion to adopt Ordinance No. 1146
c) City Attorney to read proposed Ordinance No. 1146 by title only
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MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:16 P.M.
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Motion and second by Council Members Chandler and Ritter to adopt proposed Ordinance No. 1146
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10/18/16 Agenda
Exhibit 3
REQUEST TO ADD AGENDA ITEM
TO: Mayor Kirk & City Council
DATE: Oct 18, 2016
Please add the following as New Business Item B, Exhibit 3 to the October 18, 2016
Agenda:
B.1.a) Motion to read by title only, and set November 1, 2016, as a final Public Hearing
date for proposed Ordinance No. 1146, adopting a moratorium on issuing
business licenses, planning applications, petitions, and /or developments for
Medical Marijuana distribution facilities — City Attorney (Exhibit 3).
b) Vote on motion to read by title only and set public hearing date.
c) City Attorney to read proposed Ordinance No. 1146 by title only.
2.a) Motion to approve the first reading of proposed Ordinance No. 1146.
b) Public comments and discussion.
c) Vote on motion.
INDEPENDENT
NEWSMEDIA INC. USA
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Okeechobe 'News i-
107 SW 17th'i Pr et, 'cite ,p4
Okeechobee,i-F rida 34974
863-7134
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the Publisher of the Okeechobee
News, a three times a week Newspaper published at Okeechobee,
in Okeechobee County, Florida, that the attached copy of
advertisement being a (�,r 4- J f i- U o
in the matter of 7 U
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
/orW(,go (6
Affiant further says that the said Okeechobee News is a
newspaper published at Okeechobee, in said Okeechobee County,
Florida, and that said newspaper has heretofore been published
continuously in said Okeechobee County, Florida each week and
has been entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a period of
one year next preceding the first publication of the attached copy
of advertisement, and affiant further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed befo,re me this
( / —day of
Notary Public State of Florida at Large
d
Katrina Elsken
ANGIE BRIDGES
*_ MYCOAMMISSION'>fFF976149
�f°IRES: April 20, 2020
Bonded Thai Nom
fY Public .
Lblic Urdsrwritsrs
PUBLIC NOTICE
CONSIDERATION OF ADOPTING
A CITY ORDINANCE
NOTICE IS HEREBY GIVEN that the City Council of the Gty of Okeecho-
bee, will conduct a Public Hearing on Tues, Nov. 1, 2016, at 6 PM, or as
soon thereafter possible, at Gty Hall, 55 SE 3rd Ave, Okeechobee, FL, to
consider final reading for adoption of the following Ordinance Into law: No.
1146: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA,
ADDRESSING THE UPCOMING VOTE CONCERNING NO. 2 CONSTI-
TUTIONAL AMENDMENT ARTICLE X, SECTION 29, USE OF MARI-
JUANA FOR DEBILITATING MEDICAL CONDITIONS' ON THE
BALLOT FOR THE GENERAL ELECTIONS SCHEDULED FOR NOVEM-
BER 8, 2016; IT APPEARING THAT SHOULD THE MEASURE BE AP-
PROVED BY THE ELECTORATE, THE FLORIDA LEGISLATURE MAY
THEN ENACT REGULATIONS OR RESTRICTIONS ON THE SALE AND
DISTRIBUTION OF MEDICAL MARIJUANA; THAT PENDING SUCH
VOTE AND ACTION OF THE LEGISLATURE MARIJUANA; STATE ADMINISTRA-
TIVE AGENCY IT REMAINS UNCLEAR WHAT RESTRICTIONS OR''
REGULATIONS[ WHETHER ANY, THAT LOCAL MUNICIPAL GOVERN-
MENTS COULD ENACT REGARDING THIS ISSUE; THAT UNTIL IT IS
DETERMINED WHEN AND WHETHER LOCAL MUNICIPAL GOVERN-
MENTS CAN PROCEED WITH REGULATIONS, THAT A MORATORIUM
BE IMPOSED WITHIN THE CITY OF OKEECHOBEE, SAID MORA-
TORIUM SUSPENDING THE ACCEPTANCE AND APPROVAL OF ANY
APPLICATION FOR BUSINESS TAX RECEIPT, OCCUPATIONAL LI-
CENSE, BUILDING PERMIT, ZONING OR LAND U56 CHANGE, OR
ANY OTHER DEVELOPMENT PERMIT DIRECTED TO THE OPERA-
TION OF A BUSINESS THAT SELLS, DISTRIBUTES, PROVIDES, OR
IN ANY MANNER DEALS WITH THE DISTRIBUTION OF MEDICAL
MARIJUANA TO THE PUBLIC; PROVIDING FOR SUNSET PROVI-
SION; PROVIDING FOR CONFUCT; PROVIDING FOR SEV-
ERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
All members of the public are encouraged to attend and participate in said
Hearing. The proposed ordinance may be Inspected in its entirety by mem-
bers of the public at the Office .of the City Clerk during normal business
hours, Mon -Fri, 8:00 AM -4:30 PM, except for holidays.
ANY PERSON DECIDING TO APPEAL any derision made by the Gty
Council with respect to any matter considered at this meeting will need to,
ensure a verbatim record of the proceeding is made and the record indudes
the testimony and evidence upon which the appeal will be based. In accor-
dance with the Americans with Disabilities Act (ADA), any person with a
disability as defined by the ADA, that needs speaal accommodation to par -
tidpate in this proceeding, contact the Gty Clerk's Office no later than two
business days prior to proceeding, 863- 763 -3372.
BE ADVISED that should you intend to show any document, picture, video
or items to the Council In support or opposition to any item on the agenda,
a copy of the document, picture, video, or item MUST be provided to the
Gty Clerk for the Gty's records.
By: 4780 Gamiotea, CMC
42 ON 10 /21 /2016
/ober 19, 2016 Okeechobee News 3
Medical marijuana, solar energy, tax exemptions on ballot
of medical marijuana have not been justified tion for low income seniors with a house-
By Katrina Elsken
Okeechobee News
"Remember, your vote is your voice,"
said Diane Hagan, Supervisor of Elections,
at the Okeechobee County Political Forum
on Oct. 17.
She said more than 2,500 Okeechobee
County voters received vote by mail (also
known as absentee).ballots and more than
1,000 have already returned them. She said
early voting at the Historic Okeechobee
County Courthouse, 304 N.W. Second St.,
will be Oct. 24 through Nov. 5, from 8:30
a.m. to 4:30 p.m. Ms. Hagan noted the early
voting dates include one Sunday and two
Saturdays.
Debra Hooker, president of the local
chapter of the Florida Bar, explained the
amendments that wilt be on the ballot in the
general election.
There were 28 initiatives filed for poten-
tial spots on the ballot, but only five mea-
sures were certified, she explained. Number
4 was on the primary ballot and it passed,
granting a property tax exemption for solar
equipment for 20 years.
Amendments 1 and 2 are citizen initia-
tives, she said. They address solar energy
and legalization of medical marijuana.
Amendment 3 and 5 address property tax
exemptions for first responders disabled in
the line of duty and for senior citizens, she
explained. These amendments were placed
on the ballot by the Florida State Legisla-
ture.
Any proposed amendment to the state's
constitution must be approved by at least 60
percent of the electorate to become law.
During the primary election, Florida vot-
ers passed Amendment 4, granting a prop-
erty tax exemption for solar equipment for
20 years.
Amendment 1 also deals with solar ener-
gy, she said. Opponents say it will undo the
progress made by the passage of Amend -
ment 4.
Proponents say Amendment 1 ensures
that energy customers who do not choose to
use solar panels will not be charged higher
electric rates in order to subsidize those us-
ing solar energy.
Supporters say this amendment protects
the right to use solar energy without requir-
ing non -solar users to subsidize the energy
choice of others, she said.
Those working against the issue defends
the right for those who have solar panels to
sell excess energy to the grid. Opponents say
selling excess energy to the grid is the only
way to make the use of solar panels cost ef-
fective, she said.
Amendment 1 would, according to the
opponents, negate Amendment 4.
Amendment 2 would allow the use of
medical marijuana for debilitating medi-
cal conditions as determined by a Florida
licensed physician. The Florida Department
of Health would regulate centers that distrib-
ute marijuana and issue identification cards
to those authorized to purchase marijuana.
Supporters say a yes vote is the compas-
sionate vote to help relieve the pain of the
terminally ill and those with debilitating dis-
eases.
Opponents say "it is not medicine," she
continued. They claim those who wish to
obtain marijuana could fake an illness in or-
der to obtain a prescription, she explained.
She said opponents say the increased
availability of marijuana will lead to more
drug addiction.
Proponents say studies from 23 states
that have already legalized medical marijua-
na have shown that concerns about abuse
Collaborative Council to meet
The Community Collaborative Council of the Okeechobee County Shared Services
Network will conduct their monthly meeting on Tuesday, Oct. 25, at 10 a.m. in the
Okeechobee Freshman Campus Auditorium. The purpose of the meeting is to allow the
community to identify issues, collaborate, and share information regarding services for
children and their families. The meeting is open to the public and everyone is welcome
to attend. For information, call Erin Moore at 863 -962 -5000, ext. 257.
by the experience in those states.
Amendment 3 would allow a homestead
tax exemption for totally and permanently
disabled first responders who were totally
disabled in line of duty. The exemption
would apply only to homestead property. if
approved, the Florida Legislature would still
have to set up the requirements.
A yes vote will expand the tax relief that
already exists for the surviving spouses of
first responders and military who died in
line of duty.
Amendment 5 is a property tax exemp-
hold income of less than $25,000 a year and
a home valued Tess than $250,000, owned
by a senior over the age of 65, who has lived
in the home at least 25 years. The market
value used by the property appraiser will be
locked in place during the first tax year the
senior qualifies for the amendment.
At this time, when a home increases in
value, the low income seniors can lose their
tax break. This tax break would also apply
to disabled veterans and surviving spouses
of first responders and military killed in the
line of duty.
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Bobbie Jenkins
From: Bobbie Jenkins
Sent: Thursday, November 03, 2016 9:25 AM
To: Bill Brisson; LaRue - Gloria; Marcos Montes De Oca; Patty Burnette; India Riedel; Jackie
Dunham; Jeff Newell; Kim Barnes
Cc: Lane Gamiotea; Robin Brock
Subject: Marijuana Moratorium Ordinance
Attachments: 1146 - Medical Marijuana.pdf
Tracking: Recipient Read
Bill Brisson
LaRue - Gloria
Marcos Montes De Oca
Patty Burnette
India Riedel Read: 11/3/2016 10:02 AM
Jackie Dunham Read: 11/3/2016 9:29 AM
Jeff Newell
Kim Barnes
Lane Gamiotea
Robin Brock
Attached is a copy of adopted Ordinance No. 1146 - Medical Marijuana Moratorium. Please print a copy for your
records.
Kim -use this to post to the website.
Thanks!
Bobbie J. Jenkins
Deputy Clerk
City of Okeechobee
55 SE 3"' Avenue
Okeechobee, FL 34974
Phone: (863) 763 -3372 ext. 215
Fax: (863) 763 -1686
NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee
officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are
public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this
office. Instead, contact our office by phone or in writing.
1
Lane Gamiotea
From: Lane Gamiotea
Sent: Tuesday, October 18, 2016 1:13 PM
To: John Cook 2nd (jrcook1648 @yahoo.com); Marcos Montes De Oca
Cc: Robin Brock; City- Bobbie Jenkins (bjenkins @cityofokeechobee.com)
Subject: DRAFT proposed ord #1146
Attachments: Ord 1146 Moratorium Medical Marijuana.docx
Importance: High
Tracking: Recipient Delivery
John Cook 2nd (jrcook1648 @yahoo.com)
Marcos Montes De Oca Delivered: 10/18/2016 1:13 PM
Robin Brock Delivered: 10/18/2016 1:14 PM
City- Bobbie Jenkins
(bjenkins @cityofokeechobee.com)
Bobbie Jenkins Delivered: 10/18/2016 1:14 PM
John, this is the ordinance from 2014 with updated language 8 dates.
HOWEVER, read Sections 2 it 4, they contradict each other, send revised language ASAP so we can
make the final changes Et get copies distributed.
1st reading Oct 18, Final Reading /Public Hearing Nov 1. In case you have problems opening it, I've
copied Et pasted the language below:
ORDINANCE NO. 1146
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, ADDRESSING THE UPCOMING VOTE
CONCERNING NO. 2 CONSTITUTIONAL AMENDMENT, ARTICLE X, SECTION 29, USE OF MARIJUANA FOR
DEBILITATING MEDICAL CONDITIONS@ ON THE BALLOT FOR THE GENERAL ELECTIONS SCHEDULED
FOR NOVEMBER 8, 2016; IT APPEARING THAT SHOULD THE MEASURE BE APPROVED BY THE
ELECTORATE, THE FLORIDA LEGISLATURE MAY THEN ENACT REGULATIONS OR RESTRICTIONS ON THE
SALE AND DISTRIBUTION OF MEDICAL MARIJUANA; THAT PENDING SUCH VOTE AND ACTION OF THE
LEGISLATURE OR STATE ADMINISTRATIVE AGENCY, IT REMAINS UNCLEAR WHAT RESTRICTIONS OR
REGULATIONS WHETHER ANY, THAT LOCAL MUNICIPAL GOVERNMENTS COULD ENACT REGARDING
THIS ISSUE; THAT UNTIL IT IS DETERMINED WHEN AND WHETHER LOCAL MUNICIPAL GOVERNMENTS
CAN PROCEED WITH REGULATIONS, THAT A MORATORIUM BE IMPOSED WITHIN THE CITY OF
OKEECHOBEE, SAID MORATORIUM SUSPENDING THE ACCEPTANCE AND APPROVAL OF ANY
APPLICATION FOR BUSINESS TAX RECEIPT, OCCUPATIONAL LICENSE, BUILDING PERMIT, ZONING OR
LAND USE CHANGE, OR ANY OTHER DEVELOPMENT PERMIT DIRECTED TO THE OPERATION OF A
BUSINESS THAT SELLS, DISTRIBUTES, PROVIDES, OR IN ANY MANNER DEALS WITH THE DISTRIBUTION
OF MEDICAL MARIJUANA TO THE PUBLIC; PROVIDING FOR SUNSET PROVISION; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, there is a measure on the ballot of November 8, 2016, for voter consideration to
approve Amendment 2, the so called Abuse of marijuana for debilitating medical conditions@
amendment to the State of Florida Constitution; and
1
WHEREAS, should the matter be approved by vote of the electorate, the Florida Legislature or
State Administrative Agency, may enact certain regulations or restrictions as to the manner and
means of the sale and distribution of Abuse of marijuana for debilitating medical conditions;® and
WHEREAS, pending such vote, and subsequent action by the Legislature or State Administrative
Agency, it is not clear at what point and to what extent local municipal governments can impose
local regulations, be it by Zoning and Land Use Regulations; or Special Exception; or imposing an
outright ban on such activity; and
WHEREAS, local municipal governments have a legitimate and inherent interest in the sale and
distribution of substances that impact the quality of life in the City of Okeechobee, and which may
cause impairment to its citizens and others, and can enact ordinances to address and regulate such
sales; and
WHEREAS, the City Council for the City of Okeechobee, believes it is in the best interests of the
City and its citizens of Okeechobee to impose a Moratorium on the permitting of business locations
to sell or distribute medical marijuana pending outcome of the vote, and clarification of the ability
of local municipal government to impose additional or stricter regulations; and
NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida;
presented at a duly advertised public meeting; and passed by majority vote of the City Council;
and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that:
SECTION 1.
THAT the City Council for the City of Okeechobee, Florida, hereby enacts and imposes a
Moratorium which has the effect of prohibiting and preventing any Department of the City of
Okeechobee from accepting an application for Business Tax Receipt, Occupational License, Land
Use or Zoning change, Special Exception, or in any manner acting upon a request of any person or
entity for the establishment of a business location within the City that is for the purpose of selling,
distributing, advertising, or in any manner promoting the sale and /or distribution of marijuana for
medical, or any other purpose.
SECTION 2.
THAT this Moratorium shall remain in effect indefinitely, pending further action by the City Council
of the City of Okeechobee, which may then impose additional regulations, or Land Use or Zoning
restrictions, on the operation of such a business.
SECTION 3.
THAT this Moratorium shall expire automatically without further action by the City Council of the
City of Okeechobee, in the event the electorate should not approve Amendment 2 on November 8,
2016.
SECTION 4.
THAT should the measure be approved on November 8, 2016, this Moratorium shall automatically
expire 180 days from the effective date hereof, unless extended by further action of the City
Council of the City of Okeechobee.
SECTION 5.
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
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SECTION 6.
Should any provision or portion of this Ordinance be declared by a court of competent jurisdiction
to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this
Ordinance shall remain in full force and effect.
SECTION 7.
This Ordinance shall take effect immediately upon its passage.
Thanks!
Lane Earnest - Gamiotea, CMC
City Clerk /Personnel Administrator
City of Okeechobee
55 Southeast 3rd Avenue
Okeechobee, FL 34974
863- 763 -3372 ext 215
863- 763 -1686 fax
863 - 697 -0345 cell
cityofokeechobee.com
PUBLIC RECORDS NOTICE:
All e -mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public
Records Law, Florida Statute Chapter 119, and may be subject to disclosure.
3