1153 Medical Marijuana Extend Morotorium to 10/21ORDINANCE NO. 1153
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING
ORDINANCE NO. 1146, MEDICAL MARIJUANA MORATORIUM; EXTENDING
DATE OF MORATORIUM; PROVIDING FOR SUNSET PROVISION;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida heretofore approved Ordinance No. 1146, which
created a moratorium on the issuance of any permits or Business Tax Receipts for the
establishment of a business to engage in the dispensing of medical marijuana, due to
lack of State legislation on the subject; and
WHEREAS, Ordinance No. 1146 by its language, is set to expire on or about April 1, 2017,
and the State of Florida has yet to announce any State regulations or legislative action
to offer guidance to local government, so the City deems it appropriate to extend the
moratorium previously enacted.
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 of 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 for 180 days from the effective date hereof,
pending further action by the City Council of the City of Okeechobee, Florida, 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, Florida, 180 days from final adoption of the
Ordinance unless the City takes further action to extend it.
SECTION 4.
THAT upon issuance of regulations or legislation by the State of Florida on the means,
method and location of dispensing organizations prior to the expiration of this
Ordinance, the City of Okeechobee may, at that time, address the adoption of local
Ordinances to further regulate the dispensing, Zoning, and location of such business'
within the City.
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.
Ordinance No. 1153 Page 1 of 2
INTRODUCED for First Reading and set for Final Public Hearing on this 7th day of March,
2017.
ATTEST:
Lane Gamiotea, MC, City Clerk
Dowling R. Wa .rd, Jr., Mayor
PASSED AND ADOPTED after Second and Final Public Hearing this 21St day of March, 2017.
7
ATTEST:
Lane Gamiotea,
MC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Ordinance No. 1153 Page 2 of 2
Dowling R. Watf
., Mayor
INDEPENDENT
NEWSMEDIA INC. USA
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, 7 that the attached copy of
advertisement being a r -ut- -c t�U AAA-6.-/CZ
in the matter of
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
3(to1( 7
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.
1
Sworn to and s
Katrina Elsken
ascribed before me this
day of ("V>< <+i2/tt, O
Notary Public, State of Florida at Large
(` (o%,
TNYVjj •.,, ANGIE BRIDGES
'.: MY COMMISSION # FF 976149
EXPIRES: April 20, 2020
Bonded lhru Notary Public Underwribr
AD
Okeechobee News
107 SW 17th Street, Suite D_
Okeechobee, Florida 34974
863 - 763 -3J3� \
"
4;
PUBLIC NOTICE
CONSIDERATION OF ADOPTING
A CITY ORDINANCE
NOTICE IS HEREBY GIVEN that the City Coundl of the City of Okeecho-
bee, will conduct a Public Hearing on Tues, Mar. 21, 2017, at 6 PM, or as
soon thereafter possible, at City Hall, 55 SE 3rd Ave, Okeechobee, FL, to
consider final reading for adoption of the following Ordinance Into law: No.
1153: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA
AMENDING ORDINANCE NO. 1146, MEDICAL MARIJUANA MORA-
TORIUM; EXTENDING DATE OF MORATORIUM; PROVIDING FOR
SUNSET PROVISION; PROVIDING FOR CONFLICT; PROVIDING
FOR SEVERABILITY; PROVISION; FOR AN EFFECTIVE DATE.
All members of the public are encouraged to attend and partidpate in said
Hearing. The proposed ordinance may be inspected in its entirety by mem-
bers of the public at the Office of the Gty Clerk during normal business
hours, Mon -Fri, 8:00 AM -4:30 PM, except for holidays.
ANY PERSON DECIDING TO APPEAL any decision made by the Gty
Council with respect to any matter considered at thls meeting will need to
ensure a verbatim record of the proceeding Is made and the record Includes
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 special accommodation to par-
ticipate in this proceeding, contact the City 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 Coundl 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 City's records.
By: Gty Clerk Lane Gamlotea, CMC
479893 ON 3/10/2017
ING- PAGE 2OF8
MARCH 21, 2017 - REGULAR ME
COUNCIL ACTION - DISCUSSION - VOTE
Mayor Watford opened the floor for public comment on matters not on the agenda; there were none.
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Vote on motion to read by title only.
COO
ING - PAGE 3 OF 8
MARCH 21, 2017 - REGULAR ME
COUNCIL ACTION - DISCUSSION • VOTE
Motion and second by Council Members Chandler and Clark to adopt proposed Ordinance No. 1153.
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Vote on motion to adopt proposed Ordinance No. 1153.
CLOSE PUBLIC HEARING - Mayor
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City Attorney to read proposed Ordinance No. 1153 by title only.
Motion to approve the first reading of proposed Ordinance No. 1153.
Public comments and discussion.
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Vol. 108 No. 19
Enter the county
fair! ... Page 2
Inspiring
Okeechobee
... Page 3
OHS softball
team prepares
for new season
... Page 7
Stolen property
recovered thanks
to teamwork
... Page 14
Lake Levels
13.79 feet
Last Year: 16.36 feet
% Stpoored By:
n;;
Pogett's Family Restaurant
1759 S. Parrott Ave.
763 -7222
Source: South Florida Water
Management District. Depth given
in feet above sea level
See page 4 for information about
how to contact this newspaper.
deethebeeneWtnet
haspaa iniMb
a
0
i
2
ECHO
BEE NEWS
Sunday, February 12. 2017
Okeechobee News:Tammi Kelly
Miss American Legion 2017
Miss American Legion pageant was held Thursday, Feb, 9. at the American
Legion. Seven girls competed for the title this year. Pictured Is the 2017 Miss
American Legion and her court. Second place runner up Is Maggie Congdon
first place runner up is Rebecka Mims and Miss American Legion 2017 1st
Lindsey Waldrop,
754 plus u
County to
make rules
for medical
••
marihuana
By Katrina Eisken
Okeechobee News
Okeechobee County will wait until the Florida
Legislature releases the state guidelines for the sah:
of medical marijuana before working on the coun-
ty's rules in regard to zoning of medical marijuana
dispensaries.
At the Thursday Okeechobee County Commis-
sion meeting, County Attorney John Cassels gave
the board an update on the state's Implementation
of the Florida Amendment 2, which expands the
use of medical marijuana.
Some forms of medical marijuana have been
legal in Florida for several years, the attorney said,
Amendment 2, which passed in the 2016 election,
expands the allowed uses and also allows mari-
juana with higher THC content.
Mr. Cassels said he and the county administra-
tor recently attended a marijuana summit hosted
by Florida Association of Counties.
Before the election, Okeechobee County passed
a six -month moratorium on marijuana sales in or-
der to give the county time to set up a plan.
•
Don't say `yes': Scam sweeping the nation
By Eric Kopp
Okeechobee News
If you get a phone calf and the caller asks:
"Can you hear me ?" Hang up.
If you get a phone call and the caller asks:
"Are you the man/woman of the house ?" Hang
up.
Or, if you get a call and the caller asks: Are
you responsible for the household bills ?" Hang
up,
These are just three scenarios used by scam
artists to do only one thing: Get you to give an
affirmative answer.
The answer can be yes, sure or OK - -- it
doesn't matter. Just so it's affirmative.
Why?
It's very simple, this scam that's now mak-
ing its way across the U.S. is called the can
you hear me scam ?' Its premise is this: if you
give an affirmative answer to their question —
such as, can you hear me — the stammer will
See SCAM — Page 5
Osr FsCioo i5 fJ .MOke Os
!IA! 1 T V °4:'
- 545 www.QuaiityAColiee.com
Vli4a Ccpj
February 12, 2017 Okeechobee News
5
SFWMD urges water conservation
Special to the Okeechobee News voluntarily cut back on irrigation, which can
account for about half of residential potable
water use. The main areas of concern for
dry conditions include Palm Beach, Martin
and St. Lucie counties, along with the entire
Southwest Coast.
"Extremely dry conditions set in early in
the dry season and have not let up," said
SFWMD Governing Board Chairman Dan
O'Keefe. "Water conservation is important
all year but especially now to help sustain
the regional water supply."
No additional water conservation rules
are in place at this time.
Following three months of dry condi-
tions, including a record -dry Noverber, the
South Fonda Water Management District
(SFWMD) is urging South Florida families to
boost water conservation efforts. A total of
1.49 incites of rain fell district -wide in Janu-
ary, representing 76 percent of average. or
0.97 inches below average for the rnorith.
All South Florida residents and busi-
nesses are urged to follow year-round land-
scape irrigation rules, which can be found
at v nvousfwmd.govlmywateringdays. Those
within the driest areas are encouraged to
South Florida's Dry Season, November-
May:
• 18 inches of rain on average.
• May and October are important transi-
tion months.
• March, April and May have the highest
evaporation rates and lowest rainfall.
SFWMD meteorologists reported last
week that rainfall has been less than half
of average from the start of the dry season
in November to date, Only 2.75 incites fell
district -wide, representing 41 percent of av-
erage, or 3,89 inches below average.
All basins in the I6- county area saw below -
average rainfall for the dry season to date.
Teen dating violence awareness stressed
Special to the Okeechobee News
Each year, nearly 1.5 million high school
students nationwide experience physical
abuse from a dating partner. At a rate far
higher than other forms of youth violence,
teen dating violence impacts one in three ad-
olescents in the United States through physi-
cal, sexual, emotional and verbal abuse.
Teen Dating Violence Awareness Month
is a national effort to raise awareness about
dating violence, promote programs that sup-
port young people. and encourage commu-
nities to prevent this form of abuse with the
goal of decreasing the prevalence of dating
violence among young people.
If you or someone you know who is in
an abusive dating relationship, free and con-
fidential help Ls available at Martha's House
24 hours a day, call 863- 763 -0202 or 863-
763 -2893 or come stop by the office Mon-
day- Friday 9 a.m. to 9 p.m. Wear Orange on
Thesday, Feb. 14, to show your support for
Healthy Relationships. Remetber LOVE 13
RESPECT,
SCAM
Continued F'rom Page t
record your yes answer.
Then, armed with you saying yes or sure,
the con artist now has you authorizing un-
wanted charges on your phone or utility bill,
or possibly a stolen credit card.
And kf you try to say you didn't agree to
something, the bad guy already has your
phone number and you saying "yes."
Let's say the bad guy has your credit card
number, as a result of a data breach, and he
racks up several thousand dollars worth of
charges. How are you going to dispute the
charge when he not only has your personal
information, but your providing an affirma-
tive answer via the recording'
What can you do?
E( you suspect something nefarious is
afoot, check your credit card statements
closely as well as your phone and utility bilks
for charges with which you are unfamiliar.
Call the billing company and dispute any-
thing you did not authorize.
If the billing company says you have
been recorded approving the charge and
you don't remember that, ask for proof.
If you still need help, contact the Fed-
eral Trade Commission (FTC). If the bogus
charge is on your phone bill, the FTC regu-
lates what's known as phone bill 'cram-
ming.' Also, if you have caller ID write down
the caller's phone number.
What do you do if you get a call and the
caller asks one of these leading questions.
The simple answer is bang up. Do not en-
gage in conversation. Simply put the phone
on the receiver and go about your business.
If you are of the ilk that you think it's rude
to hang up on someone, then turn things
around and ask: "Who are you ?" "Why do
you want to know ?"
Trying to catch one of these scampers is
virtually impossible. Nonetheless, what they
are doing is illegal in several states — includ-
ing Florida. The Florida statute number is
934.03(E)(a).
Assistant state attorney Don Richardson
said the Law is called unlawful use of com-
munication and, simply put, it states you
can't record someone without their permis-
sion.
"1f you do, it's a third degree felony," he
said.
He went on to say violating this law is
punishable by up to five years in prison.
If you get such a call. do not engage in
any sort of conversation. Forget tieing polite
and hang up.
Remember: The longer you talk, the bet-
ter the chance you will unconsciously agree
to something -- tamely, becoming a vic-
tim.
To contact the FTC. call 1-877- 382 -4357.
Or, go online towwwcBccomptaintassislgnt.
gov.
MARIJUANA
ottfinuesifr -eon Pa�e��
However, since the state plan will not be
in place before that moratorium ends, he ad-
vised the board to extend the moratorium.
Mr. Cassels advised that it is not produc-
tive for the county to try to set their own
rules until they have the state regulations to
work from_
"One of my concerns is how does local
regulation interplay with state regulation,"
he said.
According to information provided at the
marijuana summit, doctors can recommend
someone having a qualifying condition to be
on the state registry and acquire the medical
marijuana product.
It's licensed at the state level, he said.
The companies that are authorized to
deal with medical marijuana in Florida must
be responsible for the growing, process-
ing and sale. It is a rigorous process to be
licensed, he explained. They have to have a
55 million bond, and required security.
There are currently seven companies
in the state. These companies were set up
based on the low -THC inedical marijuana
that has been legal for a few years.
Mr. Cassels said the summit included "a
panel of doctors which gave us a very inter-
esting prospective about the benefits to cer-
tain patients.
"We have to keep in mind the real people
who are suffering and who could be helped
by the treatment," he said.
Doctors will specify what type of marijua-
na the patient can obtain, and what delivery
system to use, such as an inhaler.
He said the dispensaries are not allowed
to sell smokable materials.
The attorney said some Florida counties
are in the "wait and see -ish" category.
Sorne. like Okeechobee, leave adopted"
moratoriums.
"A few had gone full -tore and adopted
ordinances that ranged from dealing with it
as a zoning issue and regulating where the
growing. processing and sale can be done,"
he continued.
'Others have gone into regulation and
inspections, which will require additional lo-
cat costs to hire people to do that," he said.
He said when Okeechobee County does
deal with the issue, he suggests they primar-
ily deal with zoning requirements. He said
in addition to dispensaries, there may be
interest in growing medical marijuana in
Okeechobee County. He added that all of the
medical marijuana is grown indoors.
The commission agreed to schedule a
public hearing on the moratorium exten-
sion.
I )kes.cla,r Ness
con ■• "" ro1-1.1Et
1 lkeerh,duv N1-0.s
Qkeeuhobee Xt.-us
Every
Voice
Counts.
"In a democracy, the highest
office is that of citizens."
— US Supreme Court Justice
Felix Frankfurter.
We agree. Yet too many
citizens feel powerless to
influence the flow of
events.
We give people a voice. Our
Speak Out column is just one
example. We consider it an
extension of the secret ballot
and a return of the values of
the American Revolution,
How are we doing?
Let us know by emailing
feedback@newszap.com or
calling your editor.
KEECHOBEE
NEWS
Community Service
Through Journalism
10
Okeechobee News
March 10, 2017
City extends moratorium on medical marijuana
By Charles M. Murphy
Okeechobee News
The City of Okeechobee approved a six -
month moratorium on medical marijuana
businesses at their regular meeting on Tues-
day, March 7,
The moratorium is the second approved
by the city regarding cannabis, Many cities
in the state are doing this as Me legislature
continues to debate regulations on the new
industry.
There were no comments from the pub-
lie at the hearing.
City attorney John Cook said he expects
guidelines from the state to be impternented
during this legislative session.
City administrator Marcos Mantes De Oca
said he plans to work with the county so the
policies of both governments are compat-
ible.
The council honored all state football
player Antywyn 'Bubba' Fludd. He was pre-
sented with a certificate of achievement. He
was awarded as one of the most decorated
and talented Okeechobee players dell time.
He will represent Okeechobee as he plays
at the University of Southern Mississippi next
season. Fludd finished his career as second
all -time in 0115 history with 52 touchdowns
and 5,104 total yards. He also is a scholar
athlete.
Mayor Dowling Watford said the city is
very proud of Fludd and that he expects him
to accomplish a lot more In his career. He
reminded him not to forget his home town.
"You are on the right path. You won't
have the same influences in college that you
had here. Stick with the people that wtill help
you. Some of our athletes had great careers
ahead of them and things went to their head
and took the wrong path," he said.
Fludd thanked the council for the award
and recognizing his accomplishments.
"1 worked hard through my four years of
high school and this is the best recognition
I've received. To be able to take this to Mis-
sissippi and look back at the support t had
means a lot and it motivates me to keep go-
ing," he added.
OHS coach Chris Branham said he appre-
dated the city for the invitation and award.
He said the Brahman teammates appreciate
the honors they've received.
"I was blessed to have a once- in- a -life-
time player. He is a joy to coach and is an
excellent kid. I thank you for recognizing
how much he meant to the community this
year," he said.
OHS principal Dylan Tedders said as a
student and a person Fludd has separated
himself from all other students.
"He is the total package as an athlete
and role model. This is just the beginning
for hire. He is deserving of all this attention
and he will go forth and do great things," he
said.
The city also proclaimed March as Ameri-
can Red Cross Month. The local office pro-
vides a Disaster Action Team, offer lifeguard
certification, water safety instructors and
teaches swim lessons and safety at the sports
complex. and helps the county replace old
smoke alarms in it horse fire campaign pro-
gram.
They recently installed 52 fire alarms in
the city at the Riverbend Trailer Park.
eciai to the Okeechobee News:555
SES Students of the Month
These high flying Eagles earned Student of the Month at South Elementary
in February. They are Giuliana Tagle. Maci Richards. Mason Staton, Ed-
die Villages Valencia. Raeanne Tyner, Tracey Peterson, Andrew Mills, Mirra
Wise, Keisea Jolly, Jenifer Alarcon Moctezuma. Mikayla Anuez, Alivia Lee,
Mien Stokes, Mallori Norris. Keydence Swanson, Kimberley Yates, Symara
Davis, Brandon Mesa, DJ Trent. Marisol Denova, Michael Arminio and Logan
Freedman.. Congratulattona, keep up the GREAT work and show how Eagles
soars
L
opecia O e \ eec n•ee `ews
(Left to right are City Councilman Noel Chandler, OHS principal Dylan ladders,
OHS football coach Chris Branham, Antywyn `Bubba' Fludd, Mayor Dowling
Watford, Councilman Mike O'Connor and Councilwoman Monica Clark.
The Red Cross Pillowcase project helps
young children prepare for different disas-
ters with a pillowcase provided by Disney.
The office also offers citizen CPR lasses.
The Red Cross recently moved to the United
Way House at 208 N. Parrott Ave.
Chuck Akers said they responded to 65
disasters like house fires last year. The Red
Cross continues to seek volunteers in the
community.
The council appointed Cesar Romero to
the City Grievance Committee as an alternate
member for a term through Jan. 31, 2016.
They also approved a temporary street
closure on Southwest Second, Third and
Fourth Avenues between Northwest and
Southwest Park Street between March 10, at
5 p.m. and March 12, at 3 p.m. for the Speck-
led Perch Festival.
The city terminated a railroad crossing
maintenance agreement with CSX on North-
west Ninth Avenue. The CSX sent the city a
bill for $36,000 for repairs made to the cross-
ing in Deans Court. The city has not paid the
bill.
The city also applied for a Florida Depart-
ment of Law Enforcement Grant for $1,952
to purchase a canopy, portable shelter and
chairs they can use to hand out crime pre-
vention materials to the public. ,l
Engaged? Just married?
Golden anniversary? New baby?
Share your news in print and online
Celebrations
Each Celebrations
package Includes;
•A print announcement in the
newspaper of your choice.
•An online listing at
www.newszap.comicetebrations.
•Ontine guestbook for friends
and family
to sign and view.
•Online photo gallery for up to
10 photos.
•Gift registry page
•Prohie page
Visit akeechobeenews.net, scroll to the
bottom at the page and dick on the link
for Publish Your News
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NOVEMBER 1, 2016 - REGULAR MEETING - PAGE 2 OF 5
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b) Public comments and discussion
2.a) Motion to adopt Ordinance No. 1146.
A.1.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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53O£30Vd-ONIl
ORDINANCE NO. 1146
Exhibit 1
Nov 1, 2016
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 mariner 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 15` day of
November 2016.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Ordinance No. 1146 Page 2 of 2
James E. Kirk, Mayor
1DEPENDENT
NEWSMEDIA INC. USA
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Okeechobe 'vie s ' Vc
107 SW 17thi'r et, Ctite - --
Okeechobee F`- rida 34974 ?11ii -�
863 -76 3.134
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 / .4t
in the matter of -zt'
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
i r6
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.
Katrina Elsken
Sworn to and subscribed befoxe me this 0 /
(. day of (��i� 2
Notary Public State of Florida at Large
AD
,, ANGIE BRIDGES
'c# MY COMMISSION #17f 976149
ETIRES: April 20, 2020
'F t °p'. Bonded T1L'u Notary Public Underwriters
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PUBLIC NOTICE
CONSIDERATION OF ADOPTING
A CITY ORDINANCE
NOTICE I5 HEREBY GIVEN that the Crty Council of the Oty of Okeecho-
bee, will conduct a Public Hearing on Toes, Nov. 1, 2016, at 6 PM, or as
soon thereafter possible, at Crty 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 DEBILTTAIING 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 OR STATE ADMINISTRA-
TIVE AGENCY IT REMAINS UNCLEAR WHAT RESTRICTIONS OR
REGULATIONS r ES 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 11-
CENSE, BUILDING PERMIT, ZONING OR LAND USE 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 CONFLICT; PROVIDING FOR SEV-
ERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
M 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 -Fit, 8:00 AM-4:30 PM, except for holidays.
ANY PERSON DECIDING TO APPEAL any decision made by the aty
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-
ticipate in this proceeding, contact the Oty 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, plcurre, video, or item MUST be provided lu the
Clty Clerk for the City's records.
4780 1otea, CMC
42 ON 10/21/2016
c) City Attorney to read proposed Ordinance No. 1146 by title only.
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ION • DISCUSSION • VOTE
Council Members Chandler and O'Connor moved to approve the first reading of proposed Ordinance No. 1146.
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James E. Kirk, Mayor
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.
ober19,2016 Okeechobee News
3
Medical marijuana, solar energy, tax exemptions on ballot
By Katrina Elsken
Okeechobee News
"Remember, your vole 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 will 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 -462 -5000, ext. 257.
of medical marijuana have not been justified
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-
tion for low income seniors with a house-
hold income of less than $25,000 a year and
a home valued less 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 he
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.
Oa' APR For
36 Months"
Our Focus Is To Make Yon Comfortable"
467 -1545
www.QualityACokee.com
LIC NO. CFCO29420
PP'L
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 3rd 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 Et dates.
HOWEVER, read Sections 2 Et 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.
2
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
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